Case presentation

M.C Mehta v. Union Of India

1987 SCR(1)819

Presented By- Amit Pandey

ItmUniversity, Raipur
Bba.ll.b 6th Semester
Presented Before- Debashree Chakraborty
Judge name
Justice C. J. Bhagwati
Decided on
December 20, 1986
Fact of the case
M.C. Mehta vs union of India originated in the after
math of oleum gas leak from Shriram food and Ferti
lise Ltd. Complext at Delhi. This gas leak Occurance
soon after the infamous Bhopal gas leak and create
a lot of panic in Delhi one person died in the inciden
t and few were hospitalized. The case lays down the
principle of absolute liability and concept of deep P
ocket.
 Issues before the court
Whether the various units of Shriram on the ground
were hazardous to the communities?
Whether Shriram food and Fertilise Ltd comes unde
r the perview article 12 Of the Constitution?
Argument of defendant
There was only one preliminary objection filed by th
e counsel for the defendant and this was that the co
urt should not proceed to decide these Constitution
al Issue since there was no claim for compensation
originally made in the writ petition.
Decision of the court
Thus the high court was directed to nominate one or m
ore Judge as may be necessary for the purpose of trying
such actions so the they may be Expeditionsly disposed
of

Delhi legal aid and advise board to take up the cases of

all those who claim to have suffered on account of Oleu
m gas.
Such action claiming compensation may be filed the Del
hi legal aid and advise board within two months from to
day.
Reasoning
This particular case was related to absolute liability
this particular principle comes from the case Ryland
vs Fleture in this Sriram food and Fertilise Ltd is liab
le to give compensation to victims and take Preacau
tion for pollution which is done by his company.
CRITICISM

The decision which is given by honourable Supreme

court was absolutely right and fair.
THANKS