AIR 1987 SUPREME COURT 1086 ::(1987) 1 ACC 157 ::1987 (1) SCC 395 ::1987 SCC (L&S) 37 ::(1987) ACJ 386 ::(1987) 1 TAC 255 ::(1987) 1 JT 1 (SC)

Supreme Court Of India

Hon'ble Judge(s): P. N. Bhagwati, Ranganath Misra, G. L. Oza, M. M. Dutt, K. N. Singh , JJJ

(A) Constitution of India , Art.32, Art.21— Social action litigation - Procedure - Oleum gas leak during pendency of petition by public spirited body like Legal Aid and Advice Board for closer of certain units of a company - Supreme Court can entertain applications for compensation on behalf victims of gas leak - Failure to amend petition to include claim for compensation - Immaterial. Civil P.C. (5 of 1908) , O.6 R.17— Where during the pendency of a writ petition filed by Legal Aid and Advice Board and Bar Association for closure of certain units of company on ground of health hazard, there was leakage of oleum gas, the Supreme Court could entertain applications for compensation for damage even though the writ petitioner did not amend the writ petition to include the claim for compensation. The applications for compensation are for enforcement of the fundamental right to life enshrined in Art. 21 of the Constitution and while dealing with such applications, a hyper-technical approach which would defeat the ends of justice could not be adopted. If the Court is prepared to accept a letter complaining of violation of the fundamental right of an individual or a class of individuals who cannot approach the Court for justice, there is no reason why the applications for compensation which have been made for enforcement of the fundamental right of th....