Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environmental Law - Exemplary damages |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Environmental Law Exemplary damages-Imposition of-Polluter Company-Held guilty of endangering environment-Undertaking by Company to bear a fair share of the project cost of ecological restoration-Held, Company liable to pay exemplary damages-Quantified at Rs. 10 lakhs.Exemplary damages-Imposition-Purpose of-Held, is not only to punish the individual concerned, but also to serve as a deterrent to others.This Court in MC. Mehta v. Kamal Nath, [1997] 1 SCC 388 (main case) had enumerated various activities of Span Motels Private Limited (SMPL) to be illegal which constituted interference with the natural flow of river Beas resulting in degradation of environment, and ordered SMPL to pay compensation for restitution of the environment and ecology and issued notice as to why pollution fine be not levied on it, in addition. SMPL challenged the legality of proposed levy of fine on the ground that it could not be punished with fine without trial before competent Court and unless that court found it guilty. This Court accepting the plea of SMPL withdrew the notice for levy of fine but issued fresh notice for payment of exemplary damages in addition to damages. Thereafter SMPL contended that they could not be held guilty of having committed any illegality and of having interfered with or endangering the environment or ecology to warrant exemplary damages; and that it would be unjust and harsh to impose any further liability in the form of exemplary damages in view of the fact that the Company had undertaken to bear a fair share of the project cost of ecological restoration. |
Judge | Hon'ble Mr. Justice Doraiswamy Raju |
Neutral Citation | 2002 INSC 144 |
Petitioner | M.c. Mehta |
Respondent | Kamal Nath And Ors. |
SCR | [2002] 2 S.C.R. 477 |
Judgement Date | 2002-03-15 |
Case Number | 182 |
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