Hon'ble Supreme Court of India observed as under, "determination of the quantum of pollution fine….
“POLLUTER PAYS PRINCIPLE” has also been applied by this Court in various decisions. In Indian Council for Enviro-Legal Action Vs UOI, AIR 1996 SC 1446, it was held that once the activity carried on was hazardous or inherently dangerous, the person carrying on that activity was liable to make good the loss caused to any other person by that activity….
Pollution is a civil wrong. By its very nature, it is a tort committed against the community as a whole. A person, therefore, who is guilty of causing pollution has to pay damages (compensation) for restoration of the environment and ecology. He has also to pay damages to those who have suffered loss on account of the act of the offender. The powers of this Court under Article 32 are not restricted and it can award damages in a PIL or a Writ Petition as has been held in a series of decisions. In addition to damages aforesaid, the person guilty of causing pollution can also be held liable to pay exemplary damages so that it may act as a deterrent for others not to cause pollution in any manner.”
No comments:
Post a Comment