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India, The Court Opined That "Under The Existing Civil Law, Damages Are

The document discusses the need for specialized environmental courts as highlighted by the Indian judiciary. The Supreme Court has observed in previous cases that environmental courts must be established to efficiently resolve disputes related to environmental law and safeguard public interests. Existing civil courts result in long litigation that undermines the purpose of damages awarded. Previous cases have also suggested that a central authority headed by a retired high court judge with expertise in pollution control should be constituted.

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chetna raghuwanshi
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54 views1 page

India, The Court Opined That "Under The Existing Civil Law, Damages Are

The document discusses the need for specialized environmental courts as highlighted by the Indian judiciary. The Supreme Court has observed in previous cases that environmental courts must be established to efficiently resolve disputes related to environmental law and safeguard public interests. Existing civil courts result in long litigation that undermines the purpose of damages awarded. Previous cases have also suggested that a central authority headed by a retired high court judge with expertise in pollution control should be constituted.

Uploaded by

chetna raghuwanshi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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udiciary in its various pronouncements has highlighted the need for creation

of the specific environmental courts which would not only effectively solve
the disputes but also devise its mechanism of dispute resolution, thus
safeguarding the interests of the general public.

In the case of M.C. Mehta v. Union of India[10], the Supreme Court observed


that environmental courts must be established for the fast adjudication of the
cases relating to the environmental law. In Charan Lal Sahu v. Union of
India[11],  the court opined that “under the existing civil law, damages are
determined after a long litigation, which ultimately destroys the very purpose
of awarding damages.”

In the case of Indian Council for Enviro-Legal Action v. Union of India[12],


the suggestion for the establishment of environment courts is a
commendable one. From 1990 onward, the need for this kind of forum
began. And in Vellore Citizen Welfare Forum v. the Union of India[13], it was
observed that “the Central Government should mandatorily constitute an
Authority under Section 3 (3) of the Environment Protection Act’ headed by a
retired Judge of the High Court and it may have other members preferably
with expertise in the field of pollution control and environment protection –
to be appointed by the Central Government’.

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