M C Mehta v/s. Kamal Nath and Others
- Chandrima M M, SLS Pune
- December 30, 2020
Content :
The following is a brief Case Analysis of the case titled M. C. Mehta v. Kamal Nath and Others [(1997) 1 SCC 388].In this case, there was massive encroachment of land and of the Beas River by Span Motel Pvt Ltd. This case is considered to be a landmark case in Indian Environmental Law due to the fact that Public Trust Doctrine and The Polluter Pays Principle were applied. This case has been read, summarized and analyzed broadly under the following heads : Brief Facts of the Case, Issues in Arguments, Legal Aspects Involved, Precedents of High Court and Supreme Court, Critical Overview of the Judgement and Suggestions for the same. This case focuses on the Public Trust Doctrine and The Polluter Pays Principle and its application in India, as well as in USA and the UK. The Supreme Court of India, via this landmark case reinstated the application of the Public Trust Doctrine and The Polluter Pays Principle as well as established a precedent for future cases. They stated that these principles were of relevance with the laws in India and had discussed the lack and need for relevant legislation regarding the above. Span Motels was ultimately held liable for this destruction and was made to pay compensation.
