Question

DIRECTIONS: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that are given hereinbelow. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.

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 a suitable remedy.

पर्याय

• Victims cannot succeed as necessary precautions to  prevent any harm were taken by Hari 

• Victims cannot 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 the treatment/disposal plant were  not installed in the factory

Answer 1

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 

Explanation:

According to the principle, whosoever causes environment pollution shall be liable for any loss caused by such pollution and it shall be no defence that all due diligence and reasonable care were taken. In this case, victims will succeed because it was Hari's duty and responsibility to ensure that no harm is caused to the environment due to his activity under any circumstances.