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4. POLLUTER PAYS PRINCIPLE
The PPP has actively been used to assist the court in measuring the liability of an industry engaged in hazardous or dangerous activities and ensures the costs are correlated to the damage done. 39 In addition, an amount in compensation can be set aside for those who were proven to have suffered.
When the NGT passes an order or decision, it relies upon three core principles of sustainable development, precautionary principle and the Polluter Pays Principle (PPP). –– Sustainable development is described as “the right of every generation to get benefit from the natural resources” . 38 –– The precautionary principle applies where an anticipated or likely injury to the environment creates a cause of action –– The PPP is important for determining punitive costs of damages from environmental violations caused by industries or individuals and ensures the costs are borne by the industry or the individual found liable. It is also an important means for tackling public health hazards that result from environmental pollution. The PPP has the potential to play an important role in shaping the performance of industries /commercial enterprises andmake them adopt environmentally responsible practices.
38 Brundtland’s report 39 M. C. Mehta v Union of India, AIR 1986 SC 1086
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