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Oleum Gas Leak Case

Oleum Gas Leak Case

M.C. Mehta v. Union of India, AIR (1987) SC 965, 982, 1086 

This case is also known as the Oleum gas leak case, as it arose from a leakage of oleum gas from a plant operated by Shriram Foods and Fertilizers Industries in Delhi, India, in December 1985. The gas leak caused harm to several people, including the death of an advocate. A writ petition was filed by M.C. Mehta, a public interest lawyer, seeking the closure or relocation of the plant, as it was situated in a densely populated area and posed a serious threat to the life and health of the people.

The Supreme Court of India, in a landmark judgment, held that the plant was engaged in a hazardous and inherently dangerous industry, and therefore, it was liable to pay compensation to the victims of the gas leak, regardless of any negligence or fault on its part. This was based on the principle of absolute liability, which was evolved by the court to deal with such cases involving violation of the fundamental right to life and personal liberty under Article 21 of the Constitution of India. The court also laid down certain guidelines and directions for the regulation and control of such industries, and for the prevention and remediation of environmental pollution.

This case is considered as a milestone in the development of environmental law and jurisprudence in India, as it established the constitutional duty of the state and the private sector to protect and improve the environment, and the right of the citizens to seek judicial redress for any harm caused by environmental degradation. It also demonstrated the proactive role of the Supreme Court in enforcing the fundamental rights and the rule of law through public interest litigation.

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