Srinagar Bandh Apada Sangharsh Samiti Anr. V. Alaknanda Hydro Power Co. Ltd Ors.
- 2022-02-17
Court: National Green Tribunal
Citation: MANU/GT/0104/2016
Facts:
In this case, an environmentalist, Samit Mehta, filed an application in relation to the damage caused by the sinking of a ship named M. V. Rak, which was carrying huge amounts of coal, fuel oil and diesel.
As a result of the ship’s sinking close to the coast of south Mumbai, a thick film of oil was formed on the surface of the sea and large-scale damage was caused to mangroves and the marine ecosystem.
Issue:
Whether there was negligence on the part of the respondents.
Decision:
The Tribunal found that it was possible to attribute negligence to respondents 5, 6, 7 and 11 and detected elements of mens rea.
Despite having enough time, these respondents did not adhere to the standards of pre-voyage due diligence.
The sinking of the ship was the result of the Respondents’ negligence and upholding the Polluter Pays principle, the Tribunal ordered Respondents 5, 7 and 11 to pay environmental compensation to the tune of Rs.100 crores to the Ministry of Shipping, GOI, which is one of the highest sums of compensation ever paid by a private individual against environmental harm done.
