M. C. MEHTA: A lawyer who has virtually dedicated himself to the environment.

Key Takeaways

• By means of this article, one could explore the various aspects of the environment, its protection and various laws regarding it.Basically, revolving around how they are filed and how the numerous precedents would eventually help in the future.
• This also aims at creating awareness in this domain and commend the works of  M.C Mehta who single handedly dealt with various concerns and brought in crucial reforms.
• Apart from this, how the broad the impact was, how the institutes have performed, things regarding the pro bono commitments

Introduction to M.C. Mehta: Environmental Crusader and Legal Pioneer

Mahesh Chander Mehta, also popularly known as M.C. Mehta, is a name which is analogous and prevalent with the segment of environmental activism and filing hundreds of public interest litigation in India taking a step forward in the initiative to save India from losing its environment. As a pioneering environmental lawyer, Mehta has dedicated his life to protecting India's natural resources and fighting against pollution 
or any other substantial means that may adversely impact the living beings and their habitats through legal means. His tireless efforts have not only brought about significant changes in environmental laws but have also raised public awareness about ecological issues.

LIFE in BRIEF

AttorneyMehta was born in Rajasthan in 1946. M.C. Mehta began his career as a lawyer in the 1970s. However, it was not till the 1980s that he found his true calling in the environmental sector i.e in the segment of environmental law.India which was impacted by the rapid degradation in the environment was noticed by AttorneyMehta,hence he decided to use his legal forte to fight for ecological causes, without waiting for others to join his cause.Since then, he has filed numerous public interest litigations (PILs) in the Supreme Court of India, focusing on issues ranging from air and water pollution to the conservation of historical monuments, basically relating to conserving our ecosystem.The notable thing about these cases is that, they share a common tag i.e M.C MEHTA v/s UNION OF INDIA.These cases are distinguished on the basis of their citations.

LANDMARK CASES:

1.    Union Carbide vs Union of India (Bhopal Gas Tragedy): 1989 SCC (2) 540
Although Attorney Mehta was not directly involved in the mainstream litigation,he played a very crucial role in the aftermath of the 1984 Bhopal Gas Tragedy. He filed various PILs proposing or seeking better compensation and medical care methods to be introduced for the victims, as well as stricter environmental regulations to prevent similar disasters in the future. His efforts significantly contributed in raising awareness about the industrial safety standards and incorporating accountability if anything adverse happened in India.
2.    Taj Mahal Case also known as the The Taj Trapezium Case (TTZ) 1997 (2) SCC 353
One of the most important case’s of Attorney Mehta's life was protecting the most famous world heritage site(One of the 7 wonders of the world, the TAJ MAHAL), which generates a great amount of revenue by the means of tourism, every year.The case involved the protection of the Taj Mahal from environmental degradation. In 1984, M.c Mehta filed a petition in the Apex Court highlighting the damage caused to the monument by industrial pollution(air pollution).Basically the case was about:

• The aim for which this case was filed, was to prevent the deterioration of the Pristine White Marble of the Taj Mahal which was done at an alarming rate due to the air pollution.
• Inspecting further, the Apex court ordered the creation of a 10,400 square kilometer area, known as the Trapezium. This area, basically limited the emissions or closure of any polluting units.It was suggested to use of technologies that would make the corridor clean
• This judgment emphasized on the application of precautionary principle.This means, it is mandatory to take all the necessary preventive measures so that no further damage is done.
  This case led to a landmark judgment, including the closure or relocation of numerous factories in the Taj Trapezium Zone and the implementation of strict emission standards. 

3.    Ganga Pollution 1988 (1) SCC 471,
Attorney Mehta's efforts were not confined to this,rather this case was prior to the above case.This case filed by him was focussed on the clean up of the River Ganges in 1985. The case highlighted :

• Severe pollution in the river Ganges in Kanpur, Uttar Pradesh specifically.This pollution was due to the untreated effluents that were directly dumped in the river.
• The Apex Court after close inspection, handed the responsibilities to the municipal bodies regarding the abatement of water pollution.
• To ensure the same, strict - stringent restrictions were imposed.
• Through a series of orders spanning several years, the Supreme Court directed the closure of polluting tanneries and other industries along the river, mandated the setting up of effluent treatment plants, and ordered local authorities to improve sewage treatment facilities. 

1.    Vehicular Pollution in Delhi (1991) 2 SCC 353
In this case AttorneyMehta filed a PIL which highlighted the air pollution in the region of Delhi.The causative agent described in here was massive vehicular pollution.The Court after recognizing the grave threat to the public health suggested urgent modifications to safeguard the environment.Hence, the Court imposed government's role in enacting in it and imposed strict regulations for  the vehicles, such as, emphasizing on the emission standards of vehicles replacing or scraping the vehicles after a certain point etc
Remarkable Work Beyond the Laws: AttorneyMehta's influence has been instrumental in shaping public opinion on environmental issues through his writings, lectures, and media appearances. His work has inspired a generation of environmental lawyers and activists in India and abroad.                                                                         

                                          (Few of the works done by him were)
 
Apart from these major things, he also worked on improving the sectors of 

• International Collaboration conferences, where he discussed about how India is tackling its issues and also took into consideration of how the other nations worked
• Research and Documentation:Helped in developing case studies by analyzing the policy impacts and proposing innovative solutions to environmental challenges.

Pro-bono Projects:
Throughout his career, Mehta has taken up most of his environmental cases pro bono, demonstrating his commitment to the cause rather than personal gain. He has also provided free legal aid to marginalized communities affected by environmental degradation, helping them fight for their rights and compensation.
M.C. Mehta Environmental Foundation: To further his mission of environmental protection and education, Mehta established the M.C. Mehta Environmental Foundation. This non-profit organization focuses on:

• Conducting research on environmental laws and policies
• Providing training to lawyers, judges, and students on environmental issues
• Organizing awareness campaigns and workshops
• Assisting in the filing and follow-up of environmental cases

Awards, Achievements, and Felicitations:
Mehta's contributions to environmental law and activism have earned him numerous accolades, including:

• The Ramon Magsaysay Award for Public Service (1997)
• The Goldman Environmental Prize (1996)
• The UN's Global 500 Roll of Honour (1993)
• The Law Resource Society Award (1994)
• The Padma Shri, one of India's highest civilian honors (2016)

He has also been recognized by TIME magazine as one of the Heroes of the Planet and has received honorary doctorates from several universities for his pioneering work in environmental law.
Attorney M.C. Mehta, who is a pioneer in the field of environmental law and one of the lawyers who has virtually dedicated himself to this cause, deserves to be commended for the persistence with which is admirable to say the least. Almost every environmental matter of any significance is one with which Attorney Mehta has been associated.

Some of the significant principles and guidelines in vehicular pollution laid down by the Supreme Court in M. C. Mehta cases are as under: In M.C. Mehta Vs. Union of India, (1991)2 SCC 137 A public interest litigation was filed  in the Supreme Court against the pollution in Delhi caused by increasing number of petrol and diesel driven vehicles in the City. The Supreme Court directed the Delhi Administration to furnish a complete list of prosecution launched against the heavy vehicles, for causing pollution by infringement of various requirements of law.It was also directed to furnish particulars of the vehicles, registration of which was suspended and to further indicate the follow-up action taken after suspension.The Court also suggested to the Environment Ministry that it should carry out experiments with the aid of the device brought out by the national Environment Engineering Research Institute, Nagpur, which would reduce the pollution content. 

In M.C. Mehta Vs. Union of India, (1998)6 SCC 60 the Supreme Court pointed out that keeping in view the mandate of articles 47 and 48-A of the constitution of India, it had issued directions from time to time with a view to tackle the problem arising out of chaotic traffic conditions and vehicular pollution in Delhi.  However, the court was not satisfied with the performance of the authorities concerned in tackling the acute problem of vehicular pollution and traffic regulation in Delhi.While giving the directions the court had treated it as a legal issue and proceeded to examine the impact of the right flowing from article 21 of the Constitution of India vis-a-vis decline in environmental quality. 

In M.C. Mehta Vs. Union of India, (1998) 6  SCC 63, in this case the Supreme Court of India in order to arrest the  growing pollution of the air directed that  the following steps should be taken immediately.  

1. Implementation of directions to restrict plying of commercial vehicles including taxis, which were 15 years old by 2nd October 1998.
2. Restrictions on plying of goods vehicles during the day time shall be strictly enforced by 15th August, 1998.
3. Expansion of premised oil dispensers (petrol and 2T oil) shall be undertaken by 31st December, 1998.
4. Ban on supply of loose 2T oil at petrol stations and service garages shall be enforced by 31st December 1998. 
    

In M.C. Mehta Vs. Union of India, (1998) 8  SCC 206 In this case the learned Solicitor General appearing for the administrator submitted that phasing out and banning commercial vehicles which are more than 15 years old by 2/10/98 would lead to  great hardship to the owners of those vehicles in  particular and to the general public which make use of those vehicles in general.  It was, therefore, submitted by him that the Court may relax the  rigor of the order regarding banning of 15  years old commercial/transport vehicles w.e.f. 02/10/1998 and he assured the court that the administration itself was keen to phase out all such vehicles gradually to ease out the pollution level in the city.  Then the Supreme Court of India modified its previous order and directed that:- 1.   All commercial/transport vehicles which were more than 20 years old shall be phased out and not permitted toply in the national capital territory of Delhi after 02/10/1998. 
2.   All such commercial/transport vehicles which were 17 to 19 years old shall not be permitted to play after 15/11/98. 3.   Such commercial/transport vehicles which were over 15 years old and 16 years old shall not be permitted to ply after 31/12/98. This order was to apply to all commercial/ transport vehicles whether registered in the national capital territory of Delhi or outside. In order to create awareness among the general public, the Supreme Court directed the Union of India that various directions issued by the Supreme Court from time to time regarding the control of vehicular pollution and regulation of traffic should be published in print as well as the electronic media. 

In M.C. Mehta Vs. Union of India, (1999) 6  SCC 12  The Supreme Court after considering  the suggestions made by Bhure Lal Committee and after hearing counsel for various parties the Supreme Court thought it to be appropriate and issued the following directions:- 
1.   All private (non-commercial) vehicles which conform to Euro-II norms may be registered in NCR without any restrictions. 
2.   All private (non-commercial) vehicles shall conform to Euro-I norms by 01/06/99. All private (non-commercial)vehicles shall conform to Euro-II norms by 01/04/2000.  From 01/04/2000 no vehicle shall be registered unless it conforms to Euro-II norms. 
3.   No diesel taxi shall be registered with immediate effect unless it conforms to Euro-II norms. 

In the subsequent case M.C. Mehta Vs. Union of India, (1999) 6  SCC 14 The Supreme court clarified that the restrictions on registration imposed above would not apply to the registration of vehicles, which are fitted with CNG. It was further clarified that Euro-I norms for this purpose mean India-2000 norms as notified by the Government of India vide GSR No. 493 (E) dated 28/08/97 but those norms would be effective from 01/06/99.

Unfortunately, neither the governmental authorities nor the private bus operators acted seriously or diligently in taking steps for the purposes of complying with the different directions issued by the Supreme Court from time to time. One of the important directions issued by the Supreme Court  on 28/07/98 in  the case of M.C. Mehta Vs. Union of India, (1998) 6 SCC 63 was to the effect that the entire bus fleet was to be steadily converted to a single fuel mode of CNG by 31/03/2001. Another direction was to the effect that no eight year old buses were to ply except CNG or other clean fuel after 01/04/2001.  The failure to comply with the aforesaid direction was in spite of the fact that the Supreme court had issued a strong caution to all concerned in its order dated 28/07/98 that failure to comply with the aforesaid directions could render the concerned punishable for committing contempt of court.

Other Notable PILs:
AttorneyMehta till now, has filed over 60 PILs which address different environmental issues. Some other cases include: 

1. Banning of mining activities in the Aravalli Hills. (2006 (11) SCC 582)
2. Protection of the Yamuna River. 1997 (2) SCC 353
3. Conservation of forest lands. AIRONLINE 2018 SC 160
4. Regulation of hazardous industries in residential areas.
5. Implementation of environmental education in schools.

M.C. Mehta's legacy is evident in the numerous landmark judgments through his innovative use of PILs and the expanded the scope of environmental rights under Article 21 of the Indian Constitution, which ultimately shaped the Indian environmental Jurisprudence. Through his persistent efforts, and broad mindset, Mehta has not only contributed to the development of environmental laws but has also played a crucial role in their implementation and enforcement.

M.C. Mehta is an epitome of a responsible person who stands as a towering figure in the field of environmental law and activism in India. His life's work exemplifies how legal activism can be a powerful tool for social and environmental change. By combining legal expertise with a deep commitment to ecological preservation, Mehta has not only influenced policy and legislation but has also inspired a new generation of environmental advocates. His ongoing efforts through the M.C. Mehta Environmental Foundation ensures that his vision for a cleaner, healthier environment continues to shape India's environmental discourse and action.

HOW A PETITION LOOKS LIKE IN “NATIONAL GREEN TRIBUNAL”

BEFORE THE NATIONAL GREEN TRIBUNAL, NEW DELHI

MEMORANDUM OF APPLICATION

 PETITION UNDER SECTION 14(1) OF THE NATIONAL GREEN TRIBUNAL ACT, 2010 

Original Application No. ______ of 2024 

Between:

[Name of the Petitioner]
[Their Address]
...Applicant

VERSUS

1. Union of India
Through the Secretary, Ministry of Environment, Forest and Climate Change
Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi - 110003

2. National Mission for Clean Ganga
Through the Chief Secretary
[ Address]

3. [Uttar Pradesh Pollution Control Board]
Through its Member Secretary
[Address]
...Respondents

To,
The Hon'ble Chairperson and Expert Members National Green Tribunal.

                                             HUMBLE APPLICATION SUBMITTED
                                              BY THE APPLICANT ABOVE NAMED

1.    That the Applicant is a citizen of India and is filing this petition in the interest of protecting the River Ganga, particularly in the segment where it flows through Kanpur, Uttar Pradesh.To ultimately prevent it from severe water pollution caused majorly either by effluents from the industry or sewage that remains untreated 
2.    That the Applicant has no personal interest in the litigation and the petition is being filed purely in public interest and for the protection of the environment and public health.
3.    That the river Ganga is not only a major water source for millions of people but also holds a great spot in cultural as well as religious affairs within India.
4.    That over the past several decades, the deterioration in the water quality of the Ganga ,  due to the discharge of untreated industrial effluents and municipal sewage has increased. 
5.    That few surveys and scientific studies [mention relevant studies or reports] have shown alarming levels of pollutants, including heavy metals, bacteria, far exceeding the permissible limits set by environmental regulations. 
6.    That despite various court orders and different regulations, many industries discharge untreated effluents directly into the river, violating the conditions under the Water (Prevention and Control of Pollution) Act, 1974, and the Environment (Protection) Act, 1986.
7.    That the ongoing pollution not only threatens the river ecosystem but also poses significant health risks to millions of people who depend on the river as their primary source for their daily needs, thereby violating their fundamental right to life and a clean environment as guaranteed under Article 21 of the Constitution of India.
8.    That Article 48A of the Constitution of India directs the State to protect and improve the environment, which includes the obligation to maintain the purity of water bodies like the Ganges. 
9.    That despite numerous initiatives, including the National Mission for Clean Ganga, the Respondents have failed to take effective action to control the pollution and clean the river, despite their statutory and constitutional obligations to do so. 

PRAYERS

In light of the above facts and circumstances, the Applicant humbly prays that this Hon'ble Tribunal may be pleased to:

f) Direct the Respondents to fulfill their constitutional obligations under Article 48A by implementing comprehensive measures to protect and improve the environment in the vicinity of [Name of Historical Monument];

g) Declare that the right to a clean environment around historical monuments is an integral part of the right to life under Article 21 of the Constitution;

h) Impose any other orders or directions that this Hon'ble Tribunal deems fit and proper in the interest of protecting the environment, the historical monument, and the constitutional rights of citizens.

[Place]
[Date]

[Signature]
Applicant

FAQs 

1.   Who is M.C. Mehta and why is he famous? 
M.C. Mehta is a renowned Indian environmental lawyer and activist. He has been in highlights due to his cause for making the environment by filing numerous public interest litigations (PILs),that have led to landmark judgments in environmental law in India.

2.    What is a Public Interest Litigation (PIL) 
A PIL is a petition that can be filed by any public-spirited individual in the interest of the public.By means of a PIL, numerous cases of the same nature can be fought by one person on others behalf.This reduces the load on the courts as the number of cases are less.
3.    Who is the Green Avenger in India?
M.C Mehta has been given the title of the Green Avenger.Attorney Mehta has devoted his legal career to protect the environment by bringing major reforms, which ultimately aimed at conserving the environment of India.

4.    What is the issue of M.C Mehta vs U.O.I?
M.C Mehta has been a crucial member in bridging in the reforms to conserve the environment.These cases got tremendous recognition as most of them were in a PIL form.Hence, most of the PILs filed by him are termed as M.C Mehta vs U.O.I . One of the famous cases under this title was The Oleum Gas leak, also known as the Bhopal Gas Tragedy.

5.    What is M.C. Mehta's vision for environmental protection in India? 
Mehta envisions an India where environmental protection is a priority, with strong laws, effective implementation, and high public awareness about ecological issues.

Edited and Modified by SAKSHAM BHARADWAJ