ENVIRONMENTAL LAW

ASSIGNMENT

INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION V UNION OF

INDIA (ALSO CALLED H ACID CASE) - WRITE A BRIEF NOTE ON
THE CASE.

ANAND GEO

1850508

5 BBA LLB B
FACTS OF THE CASE: –

In this case, an environmental protection organization filed a writ petition under the ambit of
Article 32 of the Indian constitution for the plight of the people living in the vicinity of
chemical industrial plants in India and requesting appropriate remedial measures.

In a village Bichari in the Udaipur district of Rajasthan, an industrial complex was

established, and the respondent was producing chemicals like Oleum and Sludge Phosphate
without having obtained prior licenses also, they did not install any equipment for the
treatment of highly toxic effluent discharged by them. As a result, the water becomes unfit
for consumption. It spread diseases, death, disaster in the village and its surrounding areas.
The villagers revolted against the production of “H” acid, and ultimately, the industry was
closed. The Court requested the National Environmental Engineering Research Institute to do
a survey and submit the reports it was found that out of 2440 tones of sludges about, 720
tones were still there intending to conceal it from the eye of the inspection team the
respondent dispersed and cover it with the earth. Accordingly, the matter was listed before
the bench for the final order.    

ISSUE RAISED: –

1. Whether the writ petition filed under the ambit of Article 32 of the Indian
Constitution maintainable against private corporate bodies? 
2. Whether the respondent is responsible for the damages, and what are the
appropriate remedial measures? 

JUDGMENT: – 

The Supreme Court held that if the action of the private corporate bodies infringes on a
person’s fundamental right, then The Court would not accept the argument that it was not  
“state” under the definition of article 12. If The Court finds that the government or authorities
concerned have not taken action required for them by the law, then it is the duty of the court
to intervene; therein, the writ stands maintainable. The Supreme Court held that the
respondent was liable to all the damage cost to the village and charged Rs 37.385 crore
payable at a Compoundable interest of 12% p.a. the Court directed the respondent to pay for
the litigation charges and further stated that in regards to the determination of remedial
measure the central government has the power to decide. The principle on which remedial
measures will be determined is “Polluter Pays,” which means “repairing damages is that of
offending industries.” The court held that the Central Government should consider treating
chemical industries separately from other industries, and closely monitoring them to ensure
they did not pollute the environment. Establishing environmental courts was a good
suggestion and would ensure that environmental matters were given the constant and proper
consideration they deserved.