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CSEET · Economic and Business Environment · Environmental Governance

Under the Indian environmental legal framework, the principle that the polluter must bear the cost of remedying environmental damage it causes has been principally developed and applied by which of the following?

The polluter pays principle in India has been developed through Supreme Court rulings and is expressly recognised in the National Green Tribunal Act, 2010, which directs the Tribunal to apply it. It is not derived from company dividend rules, contract law consideration or public nuisance provisions alone.

  1. AIndian Penal Code provisions on public nuisance only
  2. BJudicial decisions of the Supreme Court and the NGT Act's recognition of itCorrect
  3. CThe Companies Act provisions on dividend distribution
  4. DThe Indian Contract Act rules on consideration

Explanation

The polluter pays principle was developed by the Supreme Court in cases such as Indian Council for Enviro-Legal Action v. Union of India and is recognised in the NGT Act, 2010 as a principle the Tribunal must apply. The public nuisance option is wrong because it is not the main source of the principle, and the Companies Act and Contract Act options are unrelated.

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