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    <title>2000 (5) TMI 1098 - Supreme Court</title>
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    <description>Environmental statutes were treated as requiring prosecution, trial and a finding of guilt before any penal fine could be imposed for pollution, and Article 142 could not be used to bypass those statutory safeguards or create a punishment inconsistent with the governing law. By contrast, pollution was recognised as a civil wrong and tort against the community, so exemplary damages could still be pursued in public law to deter environmental harm and supplement restoration costs. The withdrawal of the pollution-fine notice did not bar further proceedings on exemplary damages, and a fresh notice on that aspect was directed to be issued.</description>
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    <pubDate>Fri, 12 May 2000 00:00:00 +0530</pubDate>
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      <title>2000 (5) TMI 1098 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=298254</link>
      <description>Environmental statutes were treated as requiring prosecution, trial and a finding of guilt before any penal fine could be imposed for pollution, and Article 142 could not be used to bypass those statutory safeguards or create a punishment inconsistent with the governing law. By contrast, pollution was recognised as a civil wrong and tort against the community, so exemplary damages could still be pursued in public law to deter environmental harm and supplement restoration costs. The withdrawal of the pollution-fine notice did not bar further proceedings on exemplary damages, and a fresh notice on that aspect was directed to be issued.</description>
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      <pubDate>Fri, 12 May 2000 00:00:00 +0530</pubDate>
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