Skip to main content

Private company fined for environmental issue

The Principal bench of the National Green tribunal (NGT) today directed Delta Marine Shipping Company (Delta Shipping Marine Services SA and sister concerns) and Adani Enterprises Ltd. to pay Rs 100 crore and Rs 5 crore respectively as compensation for causing damage to the marine environment.

The bench, headed by Chairperson Swatanter Kumar made the determination on an application made by Mumbai resident, Samir Mehta for environmental pollution caused by the sinking of Delta carrier MV RAK around 20 nautical miles of the coast of Mumbai while carrying over 60054 metric tonnes of coal for Adani in 2011.

The vessel also contained around 290 tonnes of fuel oil and 50 tonnes of diesel, on its voyage from Indonesia to Dahej in Gujarat, but sank before reaching its destination causing an oil spill spreading across the Maharashtra coastline from Mumbai to Raigad, affecting both human and maritime life.

During the course of the proceedings, Delta took the stand that the damages were liable to be paid by the insurance company Astra Asigurari Insurance, amidst other defenses. The tribunal negated this stance through the interpretation of various local and international laws on the topic and adjudicated a sum of Rs 100 crore as compensation payable by the company.

This is the second time this year that the Tribunal had held private companies responsible for environmental/natural disaster. Earlier this year, the Tribunal had ordered Alaknanda Hydro Power Co. Ltd., a hydroelectric power company, to pay Rs 9 crore as compensation to people affected by Uttarakhand floods in 2013 because the dam constructed by the company contributed to the flooding experienced by residents of the region.


Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

When debt is bona fide disputed and the defence is a substantial one, the court will not wind up the company

In SHITAL FIBERS LTD.  vs  INDIAN ACRYLICS LIMITED, as per the respondent, appellant had made a payment of Rs.61,83,218/­. However, there was an outstanding balance of Rs.8,92,723/­ as on 28.7.2008. Since despite repeated requests, balance amount was not paid, the respondent issued a statutory notice to the appellant. The same was duly responded to. As the payment was not made despite notice being duly served on the appellant, the respondent filed the aforesaid Company Petition seeking winding up of the present appellant for its inability to pay admitted debts. The learned Company Judge vide order dated 28.9.2015 admitted the Company Petition. However, while doing so, the learned Company Judge observed, that since the appellant was an on­going concern, an opportunity should be granted to it to settle the accounts with the respondent by 31.12.2015. Only in case of failure of the settlement, the citation was directed to be published. On appeal, the Division Bench of the High Cou...

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...