COMMON LAW ASPECTS OF

ENVIRONMENTAL LAW

Asst. Prof. Shital Keskar

Modern Law College, Pune
 What is meant by Common
Law?
▣ Body of customary law of England
▣ Based upon Judicial Decisions
▣ Article 372 of Indian Constitution- Common
law would be in force unless altered, modified
or repealed by statutory law
▣ Remedies for environmental pollution are
under the Law of Torts
▣ Remedies-
Damages/Compensation/Injunction
▣ Environmental pollution is a civil wrong (MC
Mehta v. UOI, 2000)
1. Nuisance
2. Trespass
3. Negligence
4. Strict liability
5. Absolute Liability
 1. NUISANCE
▣ It means, an act which hurts, annoys, or is
offensive
▣ It is unlawful interference with the person’s
right over wholesomeness of land, or of some
right over or in connection with it.
▣ Types
a. Private Nuisance
b. Public Nuisance (Both tort and crime)
 2. Trespass
▣ It means intentional or negligent direct
interference with personal or proprietary rights
without lawful excuse.
e.g. Throwing garbage on another’s land or
discharging effluent on another’s land
 3. Negligence
▣ When there is a duty to take care and care is
not taken resulting in some harm to another
person. It is called as Negligence.
▣ Based on principle of fault.

▣ Naresh Dutt Tyagi v. U.P.

-Storage of pesticides in godown led to death of 3

children and an infant in the womb of mother,
it was a case of negligence
 4. Strict Liability
▣ Rule was laid down in the case of Rylands v. Fletcher (1868)
▣ A person who for his own purpose brings on to his land and
collects and keeps there likely to do mischief if it escapes
must keep it at his peril and if he fails to do so, is liable for
the damages
▣ No defences are available (even though , wrongdoer had no
guilty intention)
▣ Exceptions:
1. An act of God
2. Act of third party
3. Plaintiff’s own fault
4. Plaintiff’s consent
5. Statutory authority
 5. Absolute Liability
▣ In India, in the case of MC Mehta v. Union of India
(Oleum Gas leak case- 1987), this principle was
evolved.
▣ When any industry is engaged in hazardous
activity, it is strictly and absolutely liable to
compensate those who are affected by an accident.
This liability is not subject to any of the exceptions
▣ Measure of compensation must be co related to the
magnitude and capacity of enterprise as it must
have deterrent effect.
▣ Union Carbide Corporation v. UOI (1991)
▣ Indian Council for Enviro-Legal Action v. UOI
(1996)
 Remedies
1. Damages/Compensation
2. Injunction
a. Temporary Injunction
b. Perpetual/Permanent Injunction
 a. Temporary injunction
1. Existence of a prima facie case
2. Likelihood or irreparable loss or injury
3. Balance of convenience