Srinagar Bandh Aapda Samiti & Ors. v. Alaknanda Hydro Power Co Ltd. & Ors. (2014): No Fault Liability

Technological development is important for various reasons and humanity have witnessed various goals the human have been able to achieve much through it but one of the major drawback of it is that it is affecting the very mother Earth, which have provided the humans various means of existence on this planet. The current case study is one of the various incidents happening around the globe. The plant which was setup so to utilize the environment in sustainable way and to fulfill the requirements of the people became the cause of environment destruction and affected public life and property. The hydro power dam which was constructed over Alaknanda River, to generate power through sustainable means became the cause of destruction. India is a part of the nations who have mastered the hydro. Technology and this incident did not happen because of lack of research in the required domain, which usually happens but a sheer example of lack of enforcement of guidelines and which has been framed according to environment situation by the authorities and negligence shown by the company. The case study analyses the definition of “Act of God” in the light of the judgment and how it has been interpreted by the Hon’ble Court in the light if the given facts which will narrow the scope and will prevent misuse by the companies in order to absolve from their liability. The Court also applied the principle of “No Fault liability” as provided under the Environment Protection Act keeping in mind the role of sustainable development.