Case Study Of Mc Mehta V. Union Of India

M.C. Mehta vs. Union of India

In this case, the court by accepting a Public Interest case held that only Law can’t play the primary role in protection of environment unless there is an exchange of social pressure and social acceptance or will.

The court ordered the central and state government to deliever the notice and message concerning environment in cinema halls and spread this information through radio and T.V.

The court further directed that the liscense of cinema halls should be cancelled if they do not show the slides concerning the environment in cinema halls.

UGC was also adviced to think of making environment as a mandatory subject in the college.

Council For Environment Legal Action V. Union Of India

In this case, a Public

Anything which endangers or impairs by conduct of anybody either in violation or in derogation of laws, that quality of life and living by the people is entitled to take recourse to Article 32 of the Constitution.

Vellore Citizens Welfare Forum v. Union of India & others

This court ruled that precautionary principle and the polluter pays principle are part of the environmental law of the country. This court declared Articles 47, 48A and 51A (g) to be part of the constitutional mandate to protect and improve the environment. The Supreme Court of India, in Vellore Citizens Forum Case, developed the following three concepts for the precautionary principle:

 Environmental measures must anticipate, prevent and attack the causes of environmental degradation

 Lack of scientific certainty should not be used as a reason for postponing measures

 Onus of proof is on the actor to show that his action is benign

Essar Oil Ltd. v. Halar Utkarsh Samiti & Others

While maintaining the balance between economic development and environmental protection, the court observed as

Of these parameters, a few principles are extracted which are of relevance to the present debate. Principle 2 provides that the natural resources of the earth including the air, water, land, flora and fauna especially representative samples of natural eco-systems must be safeguarded for the benefit of present and future generations through careful planning and management as appropriate. In the same vein, the 4th principle says "man has special responsibility to safeguard and wisely manage the heritage of wild life and its habitat which are now gravely imperiled by a combination of adverse