The Story of the Oleum Gas Leak Case, a Significant Chapter in the Annals of Indian Environmental Law

The case "M.C. Mehta And Anr vs Union Of India & Ors" on December 20, 1986, is a landmark legal case related to environmental protection in India. This case is commonly known as the Oleum Gas Leak case or the Shriram Gas Leak case. The case involved the release of oleum gas (a form of sulfuric acid) from the Shriram Food and Fertilizer Industry plant in Delhi.

Here are the key details and outcomes of the case:

1. Incident:

   • On December 4, 1985, there was a leak of oleum gas from the Shriram Food and Fertilizer Industry plant in Delhi. The gas leak resulted in several injuries and casualties, and it raised serious concerns about the management of hazardous substances in industrial units.

2. Legal Proceedings:

   • M.C. Mehta, an environmental activist, filed a Public Interest Litigation (PIL) in the Supreme Court of India, seeking immediate action to address the environmental and public health hazards caused by the gas leak.

3. Supreme Court's Intervention:

   • The Supreme Court, taking cognizance of the urgency and severity of the situation, intervened promptly. The court directed immediate measures to control the gas leak, provide medical aid to the affected individuals, and assess the environmental impact.

4. Judgment:

   • In its landmark judgment on December 20, 1986, the Supreme Court laid down guidelines and principles for industries handling hazardous substances. The judgment emphasized the "absolute and non-negotiable" responsibility of industries to ensure the safety of workers, residents, and the environment.

5. Precautionary Measures:

   • The court outlined several precautionary measures, including the necessity of obtaining prior approval for handling hazardous substances, preparing on-site emergency plans, and conducting regular safety audits.

6. Liability of the Industry:

   • The judgment established the principle of "absolute liability" on the part of industries engaged in hazardous activities. This means that industries are strictly liable for any harm caused by their operations, regardless of whether they took reasonable precautions.

7. Polluter Pays Principle:

   • The case reinforced the "polluter pays" principle, stating that industries causing environmental harm must bear the costs of restoring the environment and compensating those affected.

The M.C. Mehta vs. Union of India case had a significant impact on environmental jurisprudence in India. It set important precedents for the regulation of hazardous industries, the principle of absolute liability, and the responsibility of industries to prevent environmental harm. The case played a pivotal role in shaping environmental laws and regulations in the country.