Case Law On Industrial Pollution Prosecutions

11 Oct 2025 --
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📘 LEGAL BACKGROUND

Industrial pollution is addressed under multiple environmental laws in India, aimed at preventing harm to air, water, and land resources:

Key Statutes:

The Water (Prevention and Control of Pollution) Act, 1974 (Water Act)

Sections 24, 25, 26 – Regulates discharge of pollutants into water.

Section 26 – Penalties for contravention of effluent standards.

The Air (Prevention and Control of Pollution) Act, 1981 (Air Act)

Sections 21, 22 – Prohibition of air pollution, consent to operate, penalties.

Environment Protection Act, 1986 (EPA)

Sections 3 & 5 – Powers to take measures to prevent pollution.

Section 15 – Penalties for non-compliance.

Public Liability Insurance Act, 1991 – Liability for accidents causing environmental damage.

Indian Penal Code (IPC)

Sections 277, 278 – Negligent acts causing public nuisance or pollution.

Sections 268, 269 – Public health endangerment.

Key Principles:

Industries must obtain consent to operate (CTO) and consent to establish (CTE) from State Pollution Control Boards.

Discharge or emission above prescribed standards is punishable.

Directors and management can be held criminally liable.

⚖️ DETAILED CASE LAW DISCUSSION

1. M.C. Mehta v. Union of India (1987) – Oleum Gas Leak Case

Facts:
An oleum gas leak from Shriram Food and Fertilizer Industries in Delhi endangered public health.

Issue:
Liability of industry for environmental damage and public safety risk.

Held:
Supreme Court held the industry strictly liable under public nuisance and environmental laws. Introduced the absolute liability principle for hazardous industries.

Principle:

Industries engaged in hazardous activity are absolutely liable for any damage, even without negligence.

Preventive environmental measures are mandatory.

2. Indian Council for Enviro-Legal Action v. Union of India (1996)

Facts:
Tanneries in Tamil Nadu were discharging untreated effluents into rivers, causing severe water pollution.

Issue:
Liability of polluting industries and recovery of remediation costs.

Held:
Supreme Court ordered closure of polluting units and compensation for environmental damage.
The court emphasized polluter pays principle and held that negligent industries must pay for restoration of environment.

Principle:

Polluters are financially liable for cleaning up pollution.

Courts can direct closure if industries fail to comply with environmental standards.

3. M.C. Mehta v. Union of India (1997) – Ganga Pollution Case

Facts:
Industries along the Ganga discharged untreated effluents into the river.

Issue:
Whether industries violating water pollution norms can be prosecuted and closed.

Held:
Supreme Court mandated compliance with Water Act standards and issued closure notices to non-compliant industries.
Also ordered installation of effluent treatment plants (ETPs).

Principle:

Non-compliance with statutory pollution standards is actionable offence.

Courts can impose remedial measures and monitor compliance.

4. Indian Council for Enviro-Legal Action v. Union of India (2000) – Hazardous Waste Case

Facts:
Hazardous chemical waste from industries was dumped illegally, contaminating land and groundwater in Tamil Nadu.

Issue:
Liability of industries for illegal dumping and environmental remediation.

Held:
Supreme Court imposed heavy fines and remediation orders under the Environment Protection Act, 1986.
Court reaffirmed the polluter pays principle and environmental restoration responsibility.

Principle:

Illegal disposal of hazardous waste is a criminal and civil offence.

Courts can impose fines proportional to damage and enforce cleanup.

5. Vellore Citizens Welfare Forum v. Union of India (1996)

Facts:
Leather tanneries in Vellore were polluting groundwater and rivers.

Issue:
Whether groundwater pollution constitutes actionable offence under environmental laws.

Held:
Supreme Court held polluting groundwater amounts to environmental pollution and directed industries to comply with standards.
Introduced sustainable development principle, balancing economic activity and environmental protection.

Principle:

Pollution of natural resources, including groundwater, is actionable.

Sustainable development and polluter pays are key guiding principles.

6. M.C. Mehta v. Union of India (2002) – Taj Trapezium Case

Facts:
Industries around Taj Mahal were emitting pollutants causing corrosion to the monument.

Issue:
Whether industrial emissions harming heritage sites and environment can be restrained.

Held:
Supreme Court restricted operation of highly polluting industries and imposed environmental safeguards.

Principle:

Environmental law extends to protection of heritage and human health.

Court can enforce preventive measures against industrial pollution.

7. Sterlite Industries Case – Tuticorin (2013-2018) (Illustrative Example)

Facts:
Sterlite Copper plant in Tamil Nadu faced repeated allegations of air and water pollution. Protests erupted due to health hazards.

Held:
State authorities revoked consent to operate. National Green Tribunal (NGT) monitored closure and remediation.

Principle:

Non-compliance with pollution norms, repeated violations, and public health hazards justify industrial closure.

Industry management can be held criminally and civilly liable.

🧭 SUMMARY OF PRINCIPLES FROM CASES

Legal Principle	Supporting Case
Hazardous industries are absolutely liable for damage	M.C. Mehta v. Union of India (Oleum Leak)
Polluter pays principle – industries must pay for remediation	Indian Council for Enviro-Legal Action v. Union of India (1996)
Closure of non-compliant industries is lawful	M.C. Mehta v. Union of India (Ganga Pollution)
Illegal dumping of hazardous waste → criminal and civil liability	Indian Council for Enviro-Legal Action v. Union of India (2000)
Pollution of groundwater and natural resources is actionable	Vellore Citizens Welfare Forum v. Union of India (1996)
Environmental protection extends to heritage sites	M.C. Mehta v. Union of India (Taj Trapezium)
Repeated violations → industry closure and liability	Sterlite Industries Case