Question

"Pollution is a civil wrong. By its very nature, it is a tort committed against the community as a whole. A person, therefore, who is guilty of causing pollution, has to pay damages (compensation) for restoration" of the environment. He has also to pay damages to those who have suffered loss on account of the act of the offender. Further, the offender can also be held liable to pay exemplary damages so that it may act as a deterrent for others not to cause pollution in any manner. However, the court cannot impose any pollution fine in absence of any trial and finding of guilty under the relevant statutory provisions." This observation was made in

• A. M.C. Mehta v. Kamal Nath
• B. Calcutta Tanneries Case
• C. M.C. Mehta v. UOI
• D. A.P. Pollution Control Board v. M.V. Nayudu

Hint:

For environmental law, associate key cases with key principles. - \textit{M.C. Mehta v. Union of India (Oleum Gas Leak Case)}: Principle of Absolute Liability. - \textit{M.C. Mehta v. Kamal Nath (Span Motels Case)}: Public Trust Doctrine and Polluter Pays Principle. - \textit{Vellore Citizens' Welfare Forum v. UOI}: Precautionary Principle and Polluter Pays Principle.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
This question asks to identify the landmark Supreme Court case in which the quoted observations about pollution being a civil wrong and the liability for restorative and exemplary damages were made.
Step 2: Detailed Explanation:
The observation quoted in the question was made by the Supreme Court of India in the case of M.C. Mehta v. Kamal Nath (1997), also known as the \textit{Span Motels Case}.
Context of the Case: A private company, Span Motels, had built a motel on the bank of the River Beas. It encroached upon forest land and used earthmovers to divert the river's course to protect the motel from floods, causing significant ecological damage.
Key Holdings: The Court made the quoted observations while holding the company liable. It invoked the Public Trust Doctrine, stating that the State is the trustee of natural resources. The court ordered the company to pay compensation for the restoration of the environment and exemplary damages for the harm caused. This judgment is a cornerstone for applying the Polluter Pays Principle in India.