M.C. MEHTA V. KAMAL NATH, 2002 (2) SCALE 654
M.C. MEHTA V. KAMAL NATH, 2002 (2) SCALE 654
FACTS
This case is in pursuance to the main judgement titled M.C. Mehta v. Kamal Nath [(1997) 1 SCC 388] and also in pursuance of M.C. Mehta v. Kamal Nath, AIR 2000 SC 1997 in which the question of quantum of damage was left open and an order calling upon M/S Span Motels to show cause as to why in addition to damages, exemplary damages be not awarded for having committed the various acts.
ISSUE
- The determination of quantum of compensation and further whether the fine in addition be imposed, if so, the quantum of fine.
JUDGEMENT
The Court in this case held as follows:
“The question remaining for further consideration relating to the award of exemplary damages is only as to the quantum. The various laws in force to prevent, control pollution and protect environment and ecology provide for different categories of punishment in the nature of imposition of fine as well as or imprisonment or either of them, depending upon the nature and extent of violation. The fine that may be imposed alone may extend even to one lakh of rupees. Keeping in view all these and the very object underlying the imposition of imprisonment and fine under the relevant laws to be not only to punish the individual concerned but also to serve as a deterrent to others to desist from indulging in such wrongs which we consider to be almost similar to the purpose and aim of awarding exemplary damages, it would be both in public interest as well as in the interests of justice to fix the quantum of exemplary damages payable by Span Motels Pvt. Ltd. at Rupees Ten lakhs only. This amount we are fixing keeping in view the undertaking given by them to bear a fair share of the project cost of ecological restoration which would be quite separate and apart from their liability for the exemplary damages.”