Law and Legislature

MC Mehta v Union of India
The possibility of M.C. Mehta v. Union of India originated in the afterwardmath of oleum shove along leak from Shriram Food and Fertilisers Ltd. complex at Delhi. This gas leak occurred soon after the infamous Bhopal gas leak and created a lot of panic in Delhi. single person died in the incident and few were hospitalized. The case lays flock the principle of absolute liability and the concept of deep pockets.
Facts
The case came up before the five-judge bench of the Supreme Court after a three-judge bench had referred it to a higher bench because real questions of seminal importance and high constitutional significance were raise in the course of arguments when the writ petition was originally heard.
1. The judicial system of three Judges permitted Shriram Foods and Fertiliser Industries (hereinafter referred to as Shriram) to restart its baron plant as also plants for manufacture of caustic centilitre including its by-products and recovery plants like soap, glycerine and technical hard oil, exit to the conditions set out in the Judgment.
2. The main issue in the original writ petition which was filed in order to amaze a direction for closure of the various units of Shriram on the terms that they were hazardous to the community.
3.



But while the writ petition was unfinished there was escape of oleum gas from ace of the units of Shriram on 4 and 6 December, 1985 and applications were filed by the Delhi Legal Aid & Advice lineup and the Delhi Bar Association for award of compensation to the persons who had suffered harm on account of escape of oleum gas.
4. The Court thought that these applications for compensation elevated certain important issues and those issues should be addressed by a constitutional bench.
Preliminary objection of the defendants
There was only one preliminary objection filed by the counsel for the defendant, and this was that the Court should not proceed to decide these constitutional issues since there was no charter for...If you want to get a full essay, order it on our website: Orderessay



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