Mumbai University Solved Question Papers
Environmental Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 2
Oct 2024 - 60/40 Examination
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LLB 3 years Sem 2 Environmental Laws Oct 2024 - 60/40 Question Paper with Solutions
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First published on munotes.in on 17 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Oct 2024 - 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Oct 2024 - 60/40 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Oct 2024 - 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 2 hours · Total marks 60 · 22 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
SECTION I
Answer the following in not more than two sentences
any 6 of 10 · 12 Marks
1.What is 'Absolute Liability' in case of environmental accidents?[2]
Answer
Meaning. Absolute liability binds an enterprise carrying on a hazardous or inherently dangerous activity. It must compensate everyone harmed by an accident in that activity. It applies whether or not it was negligent, and no exception is available to it.
Origin. The Supreme Court laid it down in M.C. Mehta v. Union of India (the Oleum Gas Leak case), AIR 1987 SC 1086, decided on 20 December 1986. Oleum gas had escaped from a unit of Shriram Foods and Fertilizer Industries in Delhi. The case came two years after Bhopal.
The rule.
- Hazardous enterprise. It applies to an enterprise engaged in a hazardous or inherently dangerous industry.
- Absolute and non-delegable. The enterprise owes the community an absolute duty to ensure no harm results.
- No exceptions. None of the defences to strict liability under Rylands v. Fletcher apply, such as an act of God or a stranger's act.
- Deterrent compensation. The larger and more prosperous the enterprise, the greater the compensation it must pay.
Why India departed from the English rule. The Court said a rule from the nineteenth century could not meet the needs of a modern industrial society. An enterprise profiting from a hazardous activity must bear its costs.
Affirmed. In Indian Council for Enviro-Legal Action v. Union of India (the Bichhri case), AIR 1996 SC 1446, the Court applied it to chemical units that poisoned groundwater.
In statute. The Public Liability Insurance Act, 1991 and section 17(3) of the National Green Tribunal Act, 2010 reflect the no-fault principle.
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