CJ386 , 1987 ACJ386 , AIR1987 SC 1086 , (1987 )1 CompLJ099 (SC ), (1987 )1 CompLJ99 (SC ), (1987 )1 CompLJ99 (SC ), 1986 /INSC/281 , JT1987 (1 )SC 1 , 1986 (2 )SCALE1188 , (1987 )1 SCC395 , 1986 Supp(1 )SCC562 , [1987 ]1 SCR819 , ,MANU/SC/0092/1986
G.L. Oza#K.N. Singh#M.M. Dutt#P.N. Bhagwati#Ranganath Misra#5528SC7750Judgment/OrderACC#ACJ#ACJ#AIR#CompLJ#CompLJ#CompLJ#INSC#JT#MANU#SCALE#SCC#SCC(Supp)#SCRP.N. Bhagwati,SUPREME COURT OF INDIA2012-9-24"The State",Definitions,Fundamental Rights,Foreign Decisions,Miscellaneous Interpretations,Introduction,Protection of life and personal liberty,Right to Freedom,Fundamental Rights,Protection of life and personal liberty,Right to Freedom,Fundamental Rights,Remedies for Enforcement of Rights Conferred by this Part Enforcement of Fundamental Rights is Guaranteed,Right to Constitutional Remedies,Fundamental Rights,Constitution of India,Consumer Law16939,16918,17163,16908,16913,16922,16923,30467,30511,30491,30493,16911 -->
MANU/SC/0092/1986
IN THE SUPREME COURT OF INDIA
Writ Petition (Civil) No. 12739 of 1985
Decided On: 20.12.1986
Appellants: M.C. Mehta and Ors. Vs. Respondent: Union of India (UOI) and Ors.
Hon'ble Judges/Coram:
G.L. Oza, K.N. Singh, M.M. Dutt, P.N. Bhagwati and Ranganath Misra JUDGMENT
P.N. Bhagwati, CJ.
1. This writ petition under Article 32 of the Constitution has come before us on a reference made by a Bench of three Judges. The reference was made because certain questions of seminal importance and high constitutional significance were raised in the course of arguments when the writ petition was originally heard. The facts giving rise to the writ petition and the subsequent events have been set out in some detail in the Judgment given by the Bench of three Judges on 17th February 1986, and it is therefore not necessary to reiterate the same. Suffice it to state that the Bench of three Judges permitted Shriram Foods and Fertiliser Industries (hereinafter referred to as Shriram) to restart its power plant as also plants for manufacture of caustic chlorine including its by-products and recovery plants like soap, glycerine and technical hard oil, subject to the conditions set out in the Judgment. That would have ordinarily put an end to the main controversy raised in the writ petition which was filed in order to obtain a direction for closure of the various units of Shriram on the ground that they were hazardous to the community and the only point in dispute which would have survived would have been whether the units of Shriram should be directed to be removed from the place where they are presently situate and relocated in another place where there would not be much human habitation so that there would not be any real danger to the health and safety of the people. But while the writ petition was pending there was escape of oleum gas from one of the units of Shriram on 4th and 6th December, 1985 and applications were filed by the Delhi Legal Aid & Advice Board and the Delhi Bar Association for award of compensation to the persons who had suffered harm on account of escape of oleum gas. These applications for compensation raised a number of issues of great constitutional importance and the Bench of three Judges therefore formulated the issues and asked the petitioner and those supporting him as also Shriram to file their respective written submissions so that the Court could take up the........