The supreme court, while deciding the oleum gas leak case of delhi, found strict liability woefully inadequate to protect citizens rights in an. What has brought shriram on the firing line is a leakage of oleum early last month at the delhibased shriram food and fertilisers sff factory. Oleum gas had just leaked from the shriram chlorine plant in najafgarh, and delhi had panicked. Shriram food and fertilizers, a subsidiary of delhi cloth mill limited was manufacturing caustic chlorine and oleum at a plant surrounded by thickly populated colonies. Nov 11, 2017 in december 1985, oleum gas, that was used in making ddt, leaked from a tank of the sff factory and soon spread to the populated areas around the factory.
A similar approach was adopted in the shriram food fertilizer oleum gas leak case which occurred as if on cue exactly a year later on 4th december 1985 when oleum gas. Union of india, air 1987 sc 965 also known as oleum gas leak case. C mehta, a social activist lawyer, he sought closure for shriram industries as it was engaged in manufacturing of hazardous substances and located in a densely populated area of kirti nagar. The two species of litigation one in the bhopal case itself, and the other in the case of the oleum gas leak, which occurred after bhopal altered the contours of the.
If an analysis of the declarations in the policy resolu tions and the act is. Oleum gas leak case on strict liability writ negligence. In this case, oleum gas from a fertilizer plant of shriram foods and fertilizers leaked and caused damage to several people and. At 4th and 6th december, 1985 leakage of oleum gas from one of the units of. The 15minute leak from a tank at the shriram plant resulted in vapour clouds rapidly spreading to the thickly. Oleum latin oleum, meaning oil, or fuming sulfuric acid, is a term referring to solutions of various compositions of sulfur trioxide in sulfuric acid, or sometimes more specifically to disulfuric acid also known as pyrosulfuric acid. The supreme court in the judgment stated that the liability in such cases must be strict and absolute. The background of the pil was that on 4th and 6th december 1985, oleum gas got leaked from one of the units of shriram foods and fertilisers industries in delhi hence, the case is popularly known as oleum gas leak case, belonging to delhi cloth mill ltd.
In the recent case of shriram gas leak, involving a leakage of oleum gas which resulted in substantial environmental harm to the citizens of delhi, the apex court held that the quantum of damages awarded must be proportionate to the capacity and magnitude of the polluter to pay. While the petition was pending, on 4 and 6 december 1985, there was leakage of oleum gas from one of its units which caused the death of an. The supreme court held that since the issues raised involved substantial questions of law relating to the interpretation of articles 21 and 32 of the. Jan 16, 2014 what has brought shriram on the firing line is a leakage of oleum early last month at the delhibased shriram food and fertilisers sff factory. Union of india originated in the aftermath of oleum gas leak from shriram food and fertilisers ltd. In these cases the honble supreme court felt that the english doctrine of strict liability adopted by the house of lords in rayland v.
Protecting the environment oleum gas leak case, 1986 law. This paper can be downloaded in pdf format from ielrcs website at. The supreme court permitted the plant to restart power and function, pending disposal of the petition. Tens of thousands of people were killed, some half a million others suffered maladies, and the site remained contaminated decades after the leak. With many popular colors in three sheens, its never been easier to refinish, refresh and relax. The widespread destruction caused due to the bhopal gas leak gave way to the inclusion of the environment protection act,1986. National green tribunal history, features and challenges. The case originated in the aftermath of oleum gas leak from shriram food and fertilisers ltd. Shriram food fertilizer case project linkedin slideshare.
Union of india, 1983 1 scr 456 and in babdhua mukti mor chas case supra that procedure being merely a handmaden of justice it should not stand in the way of access to justice to the weaker sections of indian humanity and. Low this article has been rated as lowimportance on the projects importance scale. J this writ petition under article 32 of the constitution has come before us on a reference made by a bench of three judges. The principle of absolute and strict liability was formulated by the supreme court in a crucial judgment in mc mehta vs union of indiain 1986, when the court was dealing with the leak of oleum gas at the shriram foods and fertiliser industries plant in delhi. Shri ram foods and fertilizer industries and others, air 1987 sc 965 popularly known as oleum gas leak case. Of them respondents 16 to 32, 34 to 36, 43, 47, 51, 52, 54, 55, 57. This gas leak occurred soon after the infamous bhopal gas leak and created a lot of panic in delhi. Union of india originated in the aftermath of oleum gas leak from shriram food. Oleum with case of accident or road spill notify chemtrec at 800 4249300 in usa or canutec at 69966666 in canada. The bhopal gas tragedy is also in a way responsible for the passing of the public liability insurance act, 1991 which provides for compulsory insurance of any unit or factory undertaking a. Union of india, 1986 mc mehta filed a public interest litigation for escape of poisonous gases by a plant in bhopal. A landmark judgment that changed the scope of environment law in india was that of mc mehta vs union of india, also referred to as the oleum gas leak case. If a large number of containers are ruptured, treat as a bulk material spillage according to the instructions in the cleanup section. While the petition was pending, on 4 and 6 december 1985, there was leakage of oleum gas from one of its units which caused the death of an advocate and.
During the leak, nearly 27 tons of mic gas escaped into the air and spread over the heavily populated city. The role of indian judiciary in protection of environment. It had various units housed in single complex producing chlorine and other chemicals. Strict vs absolute liability principle drishti ias. When the above case came up for consideration before the court on the last date of hearing we directed that the case against the tanneries at jajmau area near kaqpur would be taken up for hearing first. Guptas case supra as also in the peoples union for democratic rights and ors. View full summary and print download summary as pdf.
This judgement came on the oleum gas leak case of delhi in 1986. The aftermath saw around 700 people being hospitalised for eye irritation and respiratory symptoms and death of a lawyer seven kms away from the factory, at the tis hazari court complex. The supreme court of india in its series of judgment highlighted the need of setting up of special environmental courts, the first one being in 1986 in the oleum gas leak case, and by the law commission of india in its 186th report in 2003. Article 21 of indian constitution a mandate to pollution. Apr 15, 2017 strict liability vs absolute liability, bhopal gas leak disaster case, oleum gas case 1. The court in this case extended the scope of article 21 and 32 of the constitution of india.
Mehta filed this writ petition in the year 1985 under article 32 of the constitution of india, and sought directions from the honble court that various units of shri ram industries were hazardous to the. Leakseal clear spray 6 pack is an easy to use, rubberized protective utility coating designed to fill and seal leaks and cracks. However, because the conditions of handling, use, and storage of. Nothing protects your projects like oilbased rust oleum stops rust protective enamel spray paint. Oleums can be described by the formula yso 3 h 2 o. These questions arise in the present case since on december 4 and 6, 1985, there was admittedly leakage of oleum gas from one of the units of shriram foods and fertiliser industries and as a result of such leakage, several persons were affected and according to the petitioner and the delhi bar association, one advocate practising in the tis. Even before the gas leak, the area surrounding the plant was used for depositing toxic chemicals and this led to the abandoning of wells in the vicinity of the plant in 1982. Oleum gas leak free download as powerpoint presentation. When compared to the inadequate compensation granted in bhopal gas tragedy 470 million dollars the amount is found extremely low. Gas may accumulate in low or confined areas or travel a considerable distance to a source of.
The rule laid down by the sc is much wider with respect to the rule laid down by house of lords. Respondents 14 to 87 and 89 are the tanneries near kanpur. Oct 05, 2017 the supreme court of india in its series of judgment highlighted the need of setting up of special environmental courts, the first one being in 1986 in the oleum gas leak case, and by the law. Oleum with oleum with case of accident or road spill notify chemtrec at 800 4249300 in usa or canutec at 6996. Visakhapatnam gas tragedy ngt cites obsolete law in gas leak case.
Jan 02, 2015 the writ petition was pending on 4th and 6th december 1985 there was escape of oleum gas from one of the units of sriram and as a result of such leakage several persons were affected and according to the petitioner and the delhi bar association, one advocate practicing in the tis hazari courts died. One person died in the incident and few were hospitalized. Opaque leakseal tape case of 6 is an innovative selffusing silicone tape that wraps tightly around surfaces to seal cracks and leaks. During the pendency of the petition, oleum gas leaked from the plant causing significant detrimental health effects to the local population, pursuant to which.
Where the honble apex court maximise the limit of rule of ryland v. Laws applied articles 12 and 21 of the constitution of india. General in all cases of doubt, or when symptoms persist, seek medical attention. Mehta case stated that moreover the principle so established in ryland v. But while the writ petition was pending, there was a leak of oleum gas from one of the units of sffi on 4 th and 6 t h december, 1985. A similar approach was adopted in the shriram food fertilizer oleum gas leak case which occurred as if on cue exactly a year later on 4th december 1985 when oleum gas leaked out of its caustic chlorine plant. Honble court that various units of shriram industries were hazardous to the. Pdf case analysis of catastrophic underground pipeline. During the pendency of the petition, oleum gas leaked from the plant causing significant detrimental health effects to the local population, pursuant to which compensation claims were filed. The law laid down in oleum gas leak case is at variance with the established. The petitioner, the indian council for envirolegal action brought this action to prohibit and remedy the pollution caused by several chemical industrial plants in bichhri village, udaipur district, rajasthan. Oleum gas leak case free download as powerpoint presentation. Bhopal gas disaster in 1984, where methyl isocynate mic, a deadly gas, escaped from the union carbide plant into the neighbourhood and beyond, provides one context.
The respondents operated heavy industry plants there, producing chemicals such as oleum a concentrate form of sulphuric acid, single super phosphate and the highly toxic h acid the. This principle of absolute liability in india evolved primarily because of the awakening that the bhopal gas disaster and the oleum gas leak case gave. During the leak, nearly 27 tons of mic gas escaped into the air and spread over the heavily populated city of bhopal, spreading over a 30 square mile area. It is also argued that capping liability is contrary to the judgment passed in the oleum gas leak case. The rule of absolute liability, which is a more stringent rule of strict liability was laid down by the supreme court in mc mehta and another vs.
During the pendency of the petition, there was escape of oleum gas from one. At 4th and 6th december, 1985 leakage of oleum gas from one of the units of shriram foods and. Strict liability vs absolute liability, bhopal gas leak. Start this article has been rated as startclass on the projects quality scale.
As for the law itself, the 1986 oleum gas leak case provides the template. Oleum gas leaked from a fertiliser plant of shriram food and fertilisers ltd. The origin of the national policy on chemical and hazardous industries relates to two major incidents of gas leakage, the bhopal tragedy in 1994 and the oleum gas leak tragedy in 1995. Oleum gas leak case on strict liability pdf document. Mehta filed this writ petition in the year 1985 under article 32 of the constitution of india, and sought directions from the honble court that various units of shriram industries were hazardous to the community therefore directed to be closed. In the case of aerosols being ruptured, care should be taken due to the rapid escape of the pressurised contents and propellant. In this leakage one advocate practicing in the hazari court had died and several.
The enterprise must ensure that no harm results to anyone irrespective of. Interpretation of statutesforeign case lawsupreme court of india not. In these cases the honble supreme court felt that the english doctrine of strict. The reference was made because certain questions of seminal importance and hight sic. The case lays down the principle of absolute liability. Oleum is identified by the cas number 8014957 eclist number. Mar 25, 2010 when compared to the inadequate compensation granted in bhopal gas tragedy 470 million dollars the amount is found extremely low. Bhopal disaster, chemical leak in 1984 in the city of bhopal, madhya pradesh state, india, during which about 45 tons of methyl isocyanate escaped from an insecticide plant.
The then chief justice of india pn bhagwati established the principle of absolute liability, which makes the indian civil liability law among the most stringent being extremely limiting globally. The rule of absolute liability was laid down by the honourable supreme court of india in the case of m. Oleum gas leak case on strict liability free download as pdf file. In india, the national green tribunal acts as an important player in indian environmental regulation. Oleum leakage spells big trouble for shriram food and fertilisers. Legal aspects of the bhopal gas tragedy legal service india. The case lays down the principle of absolute liability and the concept of deep pockets. During the pendency of the petition, there was escape of oleum gas from one of the. Rust oleum corporation believes, to the best of its knowledge, information and belief, the information contained herein to be accurate and reliable as of the date of this safety data sheet. Rylands vs fletcher factsfletcher plaintiff leased several underground coal mines from land adjacent to that owned by rylands defendant. Interpretation of statutesforeign case lawsupreme court of india not bound to follow. Union of india 1987 scr i 819 the oleum gas leak case, the supreme court established a new concept of managerial liability absolute and nondelegable for disasters arising from the storage of or use of hazardous materials from their factories. This article is within the scope of wikiproject law, an attempt at providing a comprehensive, standardised, panjurisdictional and uptodate resource for the legal field and the subjects encompassed by it. Oleum, a highly volatile chemical, was piped to the neighbouring public sector hindustan insecticides ltd hil for the manufacture of ddt.
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