Case law presentation

M.C. Mehta vs union of india

1987 SCR(1)819
Judge name
1 justice c. J. Bhagwati
Decided on
December 20, 1986
Fact of the case
M.C. Mehta vs union of india originated in the
aftermath of oleum gas leak from shriram foo
d and fertilise Ltd.Complext at delhi. This gas l
eak occurance soon after the infamous bhopal
gas leak and create a lot of panic in delhi one
person died in the incident and few were hosp
italized. The case lays down the principle of ab
solute liability and concept of deep Pocket.
Issue before the court
1-the main Issue in the original writ petition w
hich was filed in order to obtain a directions fo
r closure of the various units of shriram on the
ground that they were hazardous to the comm
unities?
2-whether shriram food and fertilise Ltd come
s under the article 12 Of the Constitution??
Argument of defendant
There was only one preliminary objection filed
by the counsel for the defendant and this was
that the court should not proceed to decide th
ese Constitutional Issue since there was no cla
im for compensation originally made in the wr
it petition.
Decision of the court
1-Delhi legal aid and advise board to take up t
he cases of all those who claim to have suffere
d on account of oleumgas.
2-such action claiming compensation may be f
iled the delhi legal aid and advise board within
two months from today.
3-thus the high court was directed to nominat
e one or more Judge as may be necessary for t
he purpose of trying such actions so tha they
may be expeditionsly disposed of
Reasoning
This particular case, was related to absolute lia
bility this particular principle comes from the c
ase ryland vs fleture in this sriram food and fe
rtilise Ltd is liable to give compensation to victi
ms and take preacaution for pollution which is
done by his company.
CRITICISM

The decision which is given by honourable Sup

reme court was absolutely right and fair.
 Thanks