This Principle where polluting party pays for the damage caused to the natural enviornment .It is regarded as a regional custom because of the strong support it has received in most for Economic ooperation and development (OECD) AND European Community)(EC) Countries.
Though it is not permanent remedy it is compensationery method is is type of remedial action for enviornmental damage.The polluter causing pollution for stakeholders,citizens and government is damaging by using resources and property which is included in definition of potentially harming.
Whoever damageshas to bear the cost ,the tax would be either in cost form ;payement traditional command or control policy,Dmaging the enviornment ,polluting,disposal.non recycled production .
In 1980 congress passed the comprehensive Enviornmental Response ,Compensation,and Liability Act(LERCLA) EPA -Designated Hazardous sites in Enviornmental Protection ACT creates tangible relationship to waste site to idmenify the victims ,joint and several liability for companies and parties have been introduced.
Its kind of Control,Arbitraory,regulatory apparatus.pollution,To held accountable,it can be made in civil,economical and criminally liable would bear all the cost of products,consumers and enteprenuers is involved in this .
In indian Council For Enviro legal Action vs Union Of India for the first time in indian supreme court polluter pays principle was applied :-Polluter Pays Principle demands that the cost of preventing damage caused by pollution should lie within the undertakings which cause the pollution or produce or goods producer of pollution incident to the tax payer. The polluter pays principle was promoted by Economic Cooperation And Development (OECD) during the 1970s it was in public interest and Enviormental issues .During this time there were demands on government and other institutions to introduce policies and mechanisms.
In this Judgement the court directed defendant to pay RS 10 lakh both were included within 2 months or recovered by land revenue.
In the case of M.C.Mehta vs Union Of India which explained about the Article 21 of constitution guaranteed under Fundamental Rights and violating the fundamental duties to protect under Article 51A(g) which provides that it shall be duty of every citizen to protect and improve the natural enviornment including forests,lakes,rivers and wildlife and show compassion for living creatures .The planet Earth which is inhabited by human under Article 48A this state shall provide endevour to protect and improve the enviornment and to safeguard the forests,wildlife of the country.
Enviornment includes Air,Water and Soil.Pollution is a civil wrong .it is tort committed against the community as whole ,who is guilty has to pay damages in PIL writ petition as has been held as serious of decisions.
Sources:-
www.manupatra.com
www.Indiankanoon.com
Though it is not permanent remedy it is compensationery method is is type of remedial action for enviornmental damage.The polluter causing pollution for stakeholders,citizens and government is damaging by using resources and property which is included in definition of potentially harming.
Whoever damageshas to bear the cost ,the tax would be either in cost form ;payement traditional command or control policy,Dmaging the enviornment ,polluting,disposal.non recycled production .
In 1980 congress passed the comprehensive Enviornmental Response ,Compensation,and Liability Act(LERCLA) EPA -Designated Hazardous sites in Enviornmental Protection ACT creates tangible relationship to waste site to idmenify the victims ,joint and several liability for companies and parties have been introduced.
Its kind of Control,Arbitraory,regulatory apparatus.pollution,To held accountable,it can be made in civil,economical and criminally liable would bear all the cost of products,consumers and enteprenuers is involved in this .
In indian Council For Enviro legal Action vs Union Of India for the first time in indian supreme court polluter pays principle was applied :-Polluter Pays Principle demands that the cost of preventing damage caused by pollution should lie within the undertakings which cause the pollution or produce or goods producer of pollution incident to the tax payer. The polluter pays principle was promoted by Economic Cooperation And Development (OECD) during the 1970s it was in public interest and Enviormental issues .During this time there were demands on government and other institutions to introduce policies and mechanisms.
In this Judgement the court directed defendant to pay RS 10 lakh both were included within 2 months or recovered by land revenue.
In the case of M.C.Mehta vs Union Of India which explained about the Article 21 of constitution guaranteed under Fundamental Rights and violating the fundamental duties to protect under Article 51A(g) which provides that it shall be duty of every citizen to protect and improve the natural enviornment including forests,lakes,rivers and wildlife and show compassion for living creatures .The planet Earth which is inhabited by human under Article 48A this state shall provide endevour to protect and improve the enviornment and to safeguard the forests,wildlife of the country.
Enviornment includes Air,Water and Soil.Pollution is a civil wrong .it is tort committed against the community as whole ,who is guilty has to pay damages in PIL writ petition as has been held as serious of decisions.
Sources:-
www.manupatra.com
www.Indiankanoon.com
