ValkyaEditorial

Tagged “polluter-pays”

6 articles on polluter-pays.

Landmark JudgmentSupreme Court of India

Indian Council for Enviro-Legal Action v. Union of India (Bichhri): polluter-pays operationalised and customary international environmental law received

On 13 February 1996 — six months before *Vellore* — a Division Bench of the Supreme Court led by Justice B.P. Jeevan Reddy applied the absolute-liability doctrine of *Oleum Gas Leak* to five chemical units at Bichhri village in Rajasthan and operationalised the polluter-pays principle as a remediation-cost obligation. The judgment is doctrinally the antecedent to *Vellore* on polluter-pays, the first explicit reception of customary international environmental law into Indian law, and — in its 2011 execution arc — confirmed recovery of ₹37.385 crore plus interest from the polluters.

Valkya Editorial··16 min
Landmark JudgmentSupreme Court of India

M.C. Mehta v. Union of India (Taj Trapezium): operationalising the precautionary and polluter-pays principles

On 30 December 1996 — the penultimate working day before his retirement — Justice Kuldip Singh, sitting with Justice Faizan Uddin, delivered the Taj Trapezium judgment: 292 enumerated industries within a 10,400 square kilometre polygon around the Taj Mahal were directed to switch to natural gas or relocate outside the Zone, with labour-protective relief for workers in relocated units. A digest of how the Bench operationalised the *Vellore* principles, why it created a monument-centric zoning template, and how the continuing-mandamus device powered later orders from CNG-Delhi to subsequent TTZ rulings.

Valkya Editorial··13 min
Landmark JudgmentSupreme Court of India

Vanashakti v. Union of India and its November 2025 review: the ex post facto environmental clearance saga

On 16 May 2025, a Supreme Court bench of Justices A.S. Oka and Ujjal Bhuyan struck down the 2017 Notification and the 2021 Office Memorandum that had enabled ex post facto environmental clearances, holding that retrospective approval was foreign to the architecture of Indian environmental regulation. On 18 November 2025, a different bench led by Chief Justice B.R. Gavai — sitting with Justice K. Vinod Chandran and Justice Bhuyan — recalled that judgment by 2:1, with Bhuyan J. now in dissent. A digest of both judgments, the doctrinal disagreement, and what the environmental-clearance architecture now looks like.

Valkya Editorial··9 min
Weekly Report

The NGT in 2026: urban waterbodies, infrastructure encroachment, and the developing operational framework

The National Green Tribunal's 2026 dispositions have engaged a recurring pattern of environmental concerns — urban waterbody protection, infrastructure encroachment on protected ecosystems, groundwater management, and the institutional architecture for compliance with environmental clearances. A practitioner's read on the year's substantive direction, with attention to the Omaxe City pond rejuvenation directive (Lucknow), the Delhi Ridge architecture, and the NHAI / Delhi waterbody intervention.

Valkya Editorial··9 min
Landmark JudgmentSupreme Court of India

Vellore Citizens' Welfare Forum v. Union of India: sustainable development, polluter-pays, and the precautionary principle

On 28 August 1996, a three-judge Bench led by Justice Kuldip Singh held that 'sustainable development', the 'precautionary principle' and the 'polluter pays' principle are part of the law of the land — and ordered the discharge of pollution fees by tanneries in Tamil Nadu that had contaminated the River Palar and rendered 35,000 hectares of agricultural land unfit for cultivation. The judgment, together with *M.C. Mehta (Oleum Gas Leak)*, supplies the foundational architecture of Indian environmental law. A digest of the doctrines, the directions, and what they require.

Valkya Editorial··10 min
Landmark JudgmentSupreme Court of India

M.C. Mehta v. Union of India (Oleum Gas Leak): the rule of absolute liability

Less than a year after the Bhopal disaster, an oleum gas leak from a Shriram unit in Delhi prompted the Supreme Court — through a Constitution Bench led by Bhagwati CJ — to depart from the English strict-liability framework of Rylands v. Fletcher and to formulate a doctrine of absolute liability for enterprises engaged in hazardous activities. The judgment is the doctrinal foundation of Indian environmental and industrial liability law. A digest of the rule, why the Court declined to apply Rylands, and how the doctrine continues to operate four decades on.

Valkya Editorial··11 min