Principle whosoever by his act or omission causes environmental pollution shall be held liable ...........

Legal Concepts Law of Torts

Principle: whosoever by his act or omission causes environmental pollution shall be held liable for any loss caused by such pollution. It shall be no defence in such cases that all due diligence or reasonable care was taken while carrying out the act or omission in question.

Facts: Hari is carrying on a chemical and fertilizer industry near a bank of a river. In order to prevent and control any kind of harm to the environment, suitable waste treatment and disposal plants were installed in the factory. Due to some sudden mechanical/ technical problem, these plants ceased to work properly and, therefore, caused environmental pollution, which ultimately caused substantial harm to the environment and to the people living around the factory. Victims of such pollution file a suit for suitable remedy.

Victims can not succeed as necessary precautions to prevent any harm were taken by Hari.

Victims can not succeed as the mechanical/ technical problem was sudden and, therefore, beyond the control of Hari.

Victims can succeed as it is the duty of Hari to see that no harm is caused to the environment/ people due to his activity under any circumstances.

Victims could succeed if treatment/ disposal plant were not installed in the factory

Explanation:

It does not matter whether Hari had taken proper precautions or not in the present scenario.
Damage was due to an act (Carrying on a chemical and fertilizer industry) of Hari and damages need to be paid.
The principle imposes strict liability on Hari.