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Research Paper On Polluter Pays Principle

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What is polluter pays principle?

The polluter pays principle is one of the basic principles of sustainable development. The polluter pays principle(PPP) means that there is an absolute liability for harm to the environment and the person who is responsible for the environment pollution is liable to pay compensation to the victims of the pollution and also the cost of restoring the environment degradation.

Thus the “polluter pays principle” includes environmental costs and cost to the people or their property.

According to the PPP the responsibility to disapprove the environmental damage is upon the polluter. Principle -16 of Rio-declaration of 1992 enunciates that the polluter should bear the cost of pollution.

The needs of polluter pays principle in the modern world of
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Acceptance of polluter pays principle by Indian judiciary:-

The judiciary in India recognizes the Polluter Pays Principle as is seen from the judgment delivered by the Supreme Court of India in the case of, Indian Council for Enviro-Legal Action v. Union of India & Ors.4 In its order dated Feb.4, 2005, The Supreme Court held that " The Polluter Pays Principle means that absolute liability of harm to the environment extends not only to compensate the victims of pollution, but also to the cost of restoring environmental degradation. Remediation of damaged environment is part of the process of sustainable development.”

In an another case of Vineet Kumar Mathur v. Union of India5, a PIL was filled alleging the pollution of Gomati river water due to discharge of effluents from the distillery of company (mohan meakin LTD). The supreme court of India issued orders granting time for removal of deficiencies in the effluent treatment plant of the company and compensatory cost of five lakhs which was utilized for the purpose of cleaning the Gomati river.
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