The Petitioner, Legal and Environmental Analysis for Development and Research Services (Pvt.) Ltd. (LEADERS Inc) was a company that conducted research on environmental issues and promoted conservation. One of the Respondents, Godavari Marble Industries, was engaged in marble masonry. The Petitioner contended that the activities of the Respondent, including blasting and mining, were causing severe …Read more
A railway company conducted two controlled burns to clear its railway right of way of dry grass and weeds but the consequent discharge of thick smoke adversely affected the health, property and activities of nearby residents. The company was charged with unlawfully discharging or permitting the discharge of a contaminant (smoke) into the natural environment …Read more
The Cuttack Development Authority (CDA) developed a new township called Ahbhinaba Bidanasi Kattaka to relieve the congestion of the city of Cuttack. In 1994 a bout of heavy rains caused nearby rivers to flood Abhunaba Bidanasi Kanaka, cutting off the area from Cuttack, submerging local hospitals, and provoking looting. The people of Abhunaba Bidanasi Kanaka …Read more
The Supreme Court of Pakistan took suo moto cognizance of a news report in the English daily “Dawn” titled “N-Waste to be dumped in Balochistan?” The article stated that coastal areas in the Balochistan region were being acquired for the purposes of dumping nuclear and industrial waste. The Court had earlier directed the Chief Secretary …Read more
Residents and mineworkers of Khewra filed a petition under Article 184(3) of the Pakistani Constitution alleging that a lease had been improperly granted to a mining company within a reserved water catchment area, thus endangering the potability of the resident’s water supply which could be contaminated by poisonous water seeping from the mine. A government-constituted …Read more
The Petitioners were residents in a locality in Islamabad. The Water Resources and Power Development Authority (WAPDA) was to construct an electrical grid station in that area. The Petitioners protested on the ground that the electromagnetic field created by the high voltage transmission lines would be hazardous to their health. Moreover, the designated green belt …Read more
The City Government of Caloocan disposed of approximately 350 tons of garbage daily in Tala Estate, Barangay Camarin against the wishes of local residents, who were concerned about the environmental and health impact of the dumpsite. In March 1991, the Task Force Camarin Dumpsite of Our Lady of Lourdes Parish filed a complaint with the …Read more
Mrs. López Ostra brought an action against Spain due to environmental pollution from a nearby waste treatment plant. López Ostra lived adjacent to the plant, which was operating without a license. The plant malfunctioned on start-up, and released gas fumes and unpleasant smells. These caused health problems and were a nuisance to the local people. …Read more
The petitioner claimed that that s. 13(7)(4) of Act II of 1993 on Land Reallocation and Land Distribution Committees (the “Land Reallocation Act”) violated Article 18 of the Constitution of Hungary (the “Constitution”) and requested that the Constitutional Court declare an annulment of the provision. The Land Reallocation Act repealed s. 19 of Act II …Read more
Petitioner, a medical practitioner, filed a petition requesting that the court direct the State of Madhya Pradesh and the Municipal Corporation, Gwalior to clean up the open drains, dirt, and contaminated water and rubbish which the petitioner claimed resulted in the spread of a cholera epidemic. The Municipal Corporation claimed that it performed it obligatory …Read more
Electroquimica Pesada S.A. (the “Company”), was operating with outdated equipment and was releasing emissions of chlorine and other noxious gases into the environment that posed harm to both its employees as well as the residents of Nicaragua. The Company was required to shut down its operations by a series of orders issued by the Minister …Read more
Technology Developers, the Petitioner, was a private corporation engaged in the manufacture and export of charcoal briquettes. The mayor of Bulacan, a nearby town, sent a letter to Technology Developers, expressing concern over the pollution emitted by the Petitioner in the form of fumes that “not only pollute the air in the locality but also …Read more
The petitioner, an influential businessman, filed a public interest litigation claim against two iron and steel companies, which the petitioner claimed had created health risks by dumping surplus waste from factory washeries in the form of sludge and slurry into the nearby Bokaro river. According to the petitioner, the sludge and slurry had been deposited …Read more
Due to discharge of untreated effluents in the Ganga river, the water of the river was rendered unsafe for drinking, fishing and bathing purposes, essentially creating a public nuisance. In M.C. Mehta v. Union of India & ors., ((1987) 4 S.C.C. 463), the Court had held the city municipality, Kanpur Nagar Mahapalika (Mahapalika), responsible for …Read more
Shriram Foods and Fertiliser Plant, Delhi (Shriram) was situated amidst a population of 200,000 people. It manufactured items such as glycerin soap, and technical hard oil. The petitioner, M.C. Mehta, filed a writ petition in the Supreme Court to obtain an order for closure of the plant and its relocation to an area where it …Read more
LK Koolwal, the Petitioner, sought to enforce the Rajasthan Municipalities Act, 1959 (the Act) in the city of Jaipur. Under the Act, the Municipality has a duty to clean public places of all filth. The Petitioner contended that several areas in Jaipur were frought with sanitation problems and the Municipality was not performing its duties …Read more
In the 1960s, the Government of Brazil approved plans to permit the development of the Amazon region, as well as the exploitation of its natural resources, despite Constitutional provisions and national legislation guaranteeing indigenous communities in the region full possession of the lands they occupied and the resources found therein. The root of the violation …Read more
Chief Bernard Ominayak (the “author”) was the leader and representative of the Lubicon Lake Band (the “Band”), a Cree Indian Band living in the Province of Alberta in Canada. He argued that the State party expropriated Lubicon land for commercial interest despite its recognition that the Band members had the right to continue their traditional …Read more
This communication was filed by the chairperson of the Port Hope Environmental Group on behalf of the residents of Port Hope, Ontario, Canada. From 1945 to 1952, Eldorado Nuclear Ltd., a federal Crown Corporation, disposed of nuclear waste in dumpsites within Port Hope, a town of 10,000 people. In 1975, large-scale pollution of residences and …Read more
Both the prosperous and poor people of New Road, Ratlam were victims of extremely inadequate basic public sanitation facilities, fluid discharge of a local alcohol plant and overflow of storm water to the street. This resulted in various types of septic fluids flowing openly and constantly in the street, and consequently the street’s sanitation was …Read more
Juanito Solon was convicted and fined (with subsidiary imprisonment in case of insolvency) for having violated Cebu City Ordinance No. 241 (the Ordinance). The Ordinance required drivers of vehicle-drawing animals to properly dispose of the waste discharged by their vehicle-drawing animals while traveling City roads. Solon challenged his conviction on the grounds that the Ordinance …Read more
Petitioner Seng Kee & Co. owned a toyo factory in Manila. The manufacture of toyo involved fermenting beans, adding brown sugar, and then cooking the mixture over a slow fire for several hours. During fermentation, the beans were laid out for several days and the fermented beans and the presence of vast quantities of coarse …Read more
The Appellant was the proprietor of a oil store in Colpetty. Coopering (the art of making barrels) was carried out all day and night at the store. This affected the health of the people in the vicinity. The Appellant was thus proceeded against by the Police Magistrate under S 105(1) of the Criminal Procedure Code …Read more