shailendra (others) 04 October 2012
Dear Experts
I have agricultural land in Kanpur. In that area there is not any govt. Plan for setup of factories. But near that a business owner started a black salt production factory. Due to that production of salt no. Of land owner’s crop has affected now. Suggest us that can we claim for crop form that business owner or stay againest him. and also tell us procedure for claim and stay.
Regards
Shailendra Kumar
N.K.Assumi (Advocate) 04 October 2012
Yes, you can claim compensation for the damage of the crops from the owner of the factory, provided you can establish your case with clear evidence that the damage to the crops was due to the working of the factory. There is a very old but classic case known as Trial Smelter case between USA and Canada, where a factory in Canada was found to have damage the crops in USA due to the working of the factory in Canada, and paid heavily as compensation. This case is a bench mark case in Environmental laws. You better catch hold of a good environmental Lawyer to fight your case.
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