M C Mehta v. UOI (Ganga Pollution)

Court: Supreme Court

Citation: [1987] 4 SCC 463

Bench: Venkataramiah, E.S. 

 

Facts:

Ganga is a cross-border river that passes through India and Bangladesh. It is one of the Hindus’ most holy rivers and a lifeline for a billion Indians living along its course. Kanpur is one of the most populated cities along its course. This city has an estimated population of approx. (2.9 million) 29.2 lakhs. At this juncture of its course, Ganga receives large quantities of toxic waste from the domestic and industrial sectors of the city, particularly Kanpur ‘s leather tanneries. M.C.Mehta, an advocate of the Supreme Court, filed a writ petition in 1985 under Article 32 of the Constitution to close down Kanpur tanneries which were discharging effluents beyond the permissible limits into the river Ganga.

 

Issue:

Whether the tanneries in Kanpur are liable to be shut down.

 

Decision:

The Court noted that the nuisance caused by the pollution of Ganga was a public nuisance that was widespread and indiscriminate in its effect. While giving the orders, the Court cited the Directive Principle in Article 48 A of the Constitution which provides that the State shall endeavour to protect and improve the environment and to safeguard the wildlife of the country; Article 51A imposes a fundamental duty on the citizens to protect and improve the natural environment. 

The Court also referred to the Water Act and Environmental Protection Act as an indication of the importance of water pollution prevention and control, and noted that not much had been done by both the Central and State Governments to stop the severe public nuisance caused by the tanneries at Kanpur, even under these Acts.

Finally, the Court directed all municipal councils and authorities to the areas from which the Ganga River flows in order to perform their legislative duties and to avoid and monitor the pollution of the Ganga River. Referring to the Water (Protection and Prevention of Pollution) Act, 1974 and the Environment (Protection) Act, 1986, and the Polluter Pays Principle, the Supreme Court directed closure of the tanneries, relocation and payment of compensation to the employees.