Industry liable to compensate pollution victims,restore environment,says apex courthttps://indianexpress.com/article/news-archive/web/industry-liable-to-compensate-pollution-victims-restore-environment-says-apex-court/

Industry liable to compensate pollution victims,restore environment,says apex court

The Supreme Court on Tuesday observed that industries contributing to pollution were liable not only for compensating...

The Supreme Court on Tuesday observed that industries contributing to pollution were liable not only for compensating the “victims” of the pollution but also for restoring the pollution-free environment.

Pushing for the “polluter pays principle”,a Bench of Chief Justice K G Balakrishnan and Justice Dr B S Chauhan noted,“The polluting industry is absolutely liable to compensate for the harm caused by it to villagers or other affected persons of the area,to the soil and to the underground water and hence,the industry is bound to take all necessary measures to prevent degradation of environment and also to remove sludge and other pollutants lying in the affected area.”The Bench observed,“As the liability of the polluter is absolute for harm to the environment,it extends not only to the victims of pollution but also to meet the cost of restoring the pollution-free environment.”

The principles of “polluter pays” and “precautionary principle” had to be read with the doctrine of “sustainable development”,the Bench clearly held while dealing with an appeal filed by Tirupur Dyeing Factory Owners Association.

Justice Chauhan affirmed that once the industrial activities carried out were found to be hazardous or inherently dangerous,“the persons carrying on such activities are liable to make good the loss caused.”