Environmental Law

CHAP.
(1) – ENVIRONMENT POLLUTION
Q.1. Explain various causes and factors of Environment Pollution.

(March-08).
Q.2. Define the 'Environment Pollution'. Explain the causative

factors of environmental pollution. What is the effect of
environmental pollution. (March-09).
Q.3. What are the types of pollution and its causes? (Nov.-09).
Q.4. Explain the various causes for environmental pollution and

types of pollution and corses. (March-08).
Q.5. Explain 'Envrinment'. What are the kinds of environment

pollution. (Oct.-07).
Q.6. Define 'Environment Pollution'. Explain in which of the human

activities cause environmental pollution.(Mar.-07).
SYNOPSIS
(1) Introduction
(2) Definition of Environment
(3) Definition of Environmental Pollution
(4) Sources/Causes/Factors Environmental Pollution
a. Natural Sources
b. Artificial or Man Made Sources
(5) Types of Pollution
a. Air Pollution
b. Water Pollution
c. Land or Soil Pollution
d. Noise Pollution
e. Food Pollution
f. Radioactive Pollution
(1) Introduction
The global problem of the present day is the environment pollution. It

is a serious threat to the existence and survival of human race. The common
effect of pollution is that it destruct natural composition of substances, it
interferes with food chain, carbon cycle, nitrogen cycle, oxygen cycle,
hydrogen cycle and thus causes damage to the plant and animal life. It
makes the survival of the living being difficult. Pollution affects not only the
living beings but also the property, buildings and other a biotic substances.
(2) Definition of Environment
It is very difficult to define the term environment. Many attempts were

made to define the term environment. Some of the definitions as follows –
The word 'environment' is derived from the French term 'environer'

which means surrounding external condition influencing development or
Balaji Jadhav, Dayanand Law College, Latur. Page 1

growth of people, animals or plaint, living or working conditions, etc. The
term 'environment' refers to the sum total of conditions which surround man
at a given point in space and time. It includes water, air, land and the inter
relationship which exist among and between water, air, land and human
beings and other living creature, plants, micro-organisms and property.
Section 2(g) of the Environment (Protection) Act, 1986 defines the

term 'Environment'.
Section 2(g) : - Definition, "Environment includes water, air and land and
the inter-relationship which exists among and between water, air and land
and human beings, other living creatures, plants, microorganism and
property".
(3) Definition of Environmental Pollution
Section 2(c) of the Environment (Protection) Act, 1986 defines the

term, 'Environmental Pollution'.
Section 2(c) – Definition, "Environment Pollution means the presence in

the environment of any environmental pollutant."
Environment pollutant means any solid, liquid or gaseous substance

present in such concentration as may be, or tend to be, injurious to
environment.
Environment pollution may be defined as contamination of the

environment in such a way that it creates hazard or potential hazards to
health and well-being of living and non-living beings.
(4) Sources/Causes/Factors Environment Pollution
There are various sources or factors causing environment pollution.

The main sources are –
a) Natural Sources
Pollution caused by the natural hazardous such as earthquakes, floods,

cyclone etc. is called natural pollution because they are the agent of nature
and man has to control over them.
b) Artificial or Man Made Sources
Pollution caused by interference of human agency is called artificial

pollution. Following are some of the major artificial sources of environmental
pollution –
1. Population Growth
Growth of human population at alarming rate is the most significant

cause of the lowering of environmental quality and ecological balance.
Industrial expansion, urban growth, agricultural development, increase in
transport and communication etc. are the result of the population growth.
The over population is the root cause of environmental degradation and
ecological imbalance. The increase in population causes more exploitation of
natural resources. The increase in the rate of the population growth puts a
heavy demand on the natural resources like water, air, soil and forest etc.
There is direct relationship between increase in population numbers and
environmental impact. More people requires more food utilizing more land
for buildings, more minerals, more water and more energy.
2. Poverty
It is also one of the cause to damage environment. Due to poverty the

people exploit excessively the natural resource of country for meeting their
basic needs like food, fuel, shelter, cattle etc. poverty and needs are the
greatest polluters. Hence, steps to be taken to bring the poor people above
the poverty line.
3. Industrialization
Industrial development has created many environmental problems.

The rapid rate of industrialization resulted into rapid rate of exploitation of
natural resources and increased industrial output. The exploitation of natural
resource in order to meet industrial demands of raw materials has resulted
into –
a) the reduction of forest,
b) lowering of ground, water level due to excessive withdrawal of ground

water.
4. Collapsing of ground surface due to withdraw of mineral oil
There are numerous undesired outputs from the factories such as

waste polluted water, toxic gases, ashes and smokes etc. which pollute air,
water, land, soils etc. and thereby degrade environment.
5. Urbanization
The expansion of law urban centres because of industrial expansion

and development has resulted into rapid rate of exploitation of natural
resources and several types of environment degradation and pollution. The
concentration of the population in congested metro Politian cities resulted
into formation and growth of big slum area. The increasing urbanization
means increase in the concentration of the human pollution in limited space
which results in the (1) increase of building, (2) roads and streets, (3)
sewage, (4) drains, vehicles, number of factories, waste, dust, sewages
water etc. caused several environmental problems. Unplanned urbanization
is one of the cause of environment pollution.
6. Deforestation
Forest are invaluable property of nation because they provide raw

materials to modern industries, timber for building purposes, habits for
numerous types o animals and micro-organism. They provide firewood to
millions of people all over the world and food and shelter.

It is a matter of serious concern that present economic man has
forgotten the environment and ecological significance of natural vegetation
mainly forest and grass kind and has destroyed the forest so rapidly that the
forest area decreased to a greater extent. It has caused serious
environmental problems such as soil erosion, increase the frequency of the
floods and incidence of drought due to decrease in precipitation of water. The
major causes of deforestation at global and regional levels are conversion of
forest land into agricultural land, shifting cultivation, forest fires etc.
7. Agricultural Development
The expansion of agricultural land increasing agricultural productivity.

It is due to the development of modern scientific and advanced technologies
to use of chemical fertilization has increased the production. The agricultural
development degrades the environment through application of chemical
fertilizers and pesticides and insecticides.
8. Modern Productive Technology
The development of modern technologies has created most of the

present day environmental problem. The environmental pollution is
associated with production processes. Modern techniques have enable the
man to construct huge dam and reservoir for the purpose of irrigation and
generation of hydro electricity required by the industrial sector for its
processes and by domestic sector to increase the comfort of human beings.
Such activities create several environmental problems of grated dimensions.
9. Technological Development
The excessive exploitation of natural resources and their misuse by

human being in the name of technological development have unfortunately
led to a serious ecological crisis. The nature of productive technology in
recent years is closely related to environmental crisis. It is observed that the
more the economic and industrial development in the world, the more the
danger to the environment.
(5) Types of Pollution
(A) Air Pollution
Section 2(a) of the Air (Prevention and Control of Pollution) Act, 1981
defines air pollutions as follows : -
"Air Pollution means any solid, liquid or gaseous substance including

noise present in the atmosphere in such concentration as may be or tend to
be injurious to human beings or other living creatures or plants or
environment".
According to Section 2(b) air pollution means the presence in the

atmosphere of any air pollutant.
a) Sources of Air Pollution
The main sources causing air pollution are as follows : -

1) The burning of fuels such as oil, fuel, natural gases etc.
2) Transportation or vehicle traffic.
3) Industrial and Commercial processes.
4) Incineration burning of wastes i.e. burning of municipal waste,
domestic & industrial waste, rubbers, tyre, plastic etc.
5) Agricultural activities like soil preparation crop spray.
6) Miscellaneous sources such as construction activities like houses,
bridges, roads, railway etc.
b) Effect of Air Pollution
Air Pollution adversely affects human beings and their environment.

Some of the major pollutants are Ammonia, Sulphur dioxide, carbon
monoxide etc. The hydrocarbons emitted by automobiles are toxic and react
with hemoglobin the blood. The effect of Nitrogen is adverse and permanent.
It also damages plants, clothes and rubber. Children are affected by disease
like influenza. It causes irritation on to various parts of respiratory system
The heart may be damages by air pollution.
c) Measure to Control Air Pollution
Complete eradication of air pollution is very difficult & technically

impossible also. We can control it to some extent by taking technical
legislative & administrative measures for that purpose Govt. enacted Air
(Prevention and Control of Pollution) Act, 1981. The Act also provides for the
administrative mechanism by creating Central & State Pollution Control Boards.
(B) Water Pollution
Water Pollution means such contamination of water or such alteration

of the physical, chemical or biological properties of water, whether directly or
indirectly, as may, or is likely to create a nuisance or render such water
harmful or injurious to public health or safety, or to domestic, commercial,
industrial, agricultural or other legitimate uses, or to the life & health of
animals or plants or of aquatic organism.
a) Sources of Water Pollution
The most important sources of water pollution are industrial wastes,

untreated sewage, agricultural waste material thermal pollution and
radioactive waste.
b) Effect of Water Pollution
Killing fish and other animals, encourages growth of bacteria that

deoxygenate water and this in turns kills aquatic animals, addition of hot
water holds less oxygen not sufficient to support like, addition of pathogenic
organism cause diseases in human and domestic animals.
c) Preventive Measure
Water pollution today has been considered as one of the major

problem before the world that's why all the nations were directed to pass
appropriate legislation to control the water pollution. Indian is also one the

member. Therefore, immediately Indian Parliament has passed the Water
Act, 1974. Again in the year 1986 Environment Protection Act, 1981 also
passed where certain provisions are made for the protection of water
pollution. Water Pollution Control Boards have been established to protect
water pollution.
(C) Land or Soil Pollution
Land is used for industrial, agricultural activities, mining operation,

constructing houses and buildings, highways, water bodies laying down road
etc. It is divided into rural and urban land, fertile, semi-fertile & desert land
etc. when we talk of land pollution, we mean making of such use of land that
it leaves bad and harmful effect on living beings as well as non-living beings.
Thus, addition of unwanted substances in an indefinite proportion in the soil
is called land pollution. Land pollution is generally localized. Thus,
destruction of soil, erosion of solids, creation of dust bowls, etc. to make
renders the land polluted.
a) Sources of Land Pollution
1) The major source of land pollution is the massive amount of solid

wastes disposed by us. This includes household refuse, commercial rubbish,
industrial waste, automobile, tyres, cans, waste paper etc. But the most
dangerous pollutant is the plastic components such as plastic bags, plastic
papers, plastic wrappers. These material remain undecayed for a long time
in the soil and tey are hazardous.
2) Apart from solid waste, land pollution also takes place by chemicals.
Prominent chemicals, which disturb the composition of soil are pollutants
washed out of the atmosphere, pesticides, biocides and artificial fertilizers.
3) Agricultural operations, mining operations, felling of trees, construction

of big dams and water reservoirs also result in land pollution. Urbanization
has proved to be a major source of land pollution.
b) Prevention Measure
Where pollution is caused by chemicals the use of chemicals have to be

prohibited. But where its use is necessary, it should be used in an
appropriate manner and in the quantity it is necessary.
(D) Noise Pollution
Noise is an unwanted or undesired and unpleasant sound. It is of very

high intensity it produces bad effect on health. The most commonly
produced effect on health is the loss of hearing capacity. There are charges
in pychological and physiological states including annoyance and sleep
interruptions.
Noise pollution has been identified as a 'Slow Killer'. Noise pollution

affects human being in many ways. Its known effects are disturbance in
sleep, communication, mental & physical health and makes a man restless.

a) Sources/Causes of Noise Pollution
Causes noise pollution can be divided into two categories : -
1) Natural causes include air, volcano, sea, rivers, exchange of voices of

living organism etc.
2) Man-made-noise-machines and modern equipments of various types,
automobiles, trains, aeroplanes, religious and social functions, constructions
works, loudspeakers, household machines etc.
b) Effect of Noise Pollution
Noise pollution affects human being in many ways. Its known effect
are disturbance in sleep, communication, mental and physical health and
makes a man restless. It produces bad effect on health. The most commonly
produced effect on health is the loss of hearing capacity. It can affect
digestive system.
(E) Food Pollution
Every living being requires food to obtain energy through which he

carries on his activities. If the food taken by him is polluted, it will have
injurious effect on him. Food gets polluted from its source to it use.
Chemicals are used to protect plaint growth, then when plants start flowering
and fruits start coming then again chemicals are used. These chemicals
directly and indirectly affect the quality of foods and when polluted food is
consumed, it affect health the consumer.
(F) Radioactive Pollution
Radio active pollution is the pollution caused by the blast of atoms.

Some elements such as radium, uranium emit invisible effects known as
radiation. Radiation effects are hazardous not only to the employees
engaged in radiation work but also to the general public. The chances of
radioactive materials spreading into the air have increased extensively as a
result of the discovery of artificial radioactivity and particularly due to the
development of atomic bombs.
Nuclear energy which is nowadays a big source of energy has became

a big health hazard. Working of nuclear plants is hazardous to human health
& its disposal of waste is inherently hazardous to soil vegetation cover &
aquatic life.
a) Sources
1) Nuclear Plants : -
2) Testing of Atomic Bombs
It causes serious effect on human health directly or indirectly.

CHAP. (2) – NOISE POLLUTION
Q.1. Discuss in detail the Indian Law on control of noise pollution.

(March-08).
Q.2. How is noise pollution controlled.
Q.3. Write an essay on noise pollution (March-09).
Q.4. Write an essay on 'Noise Pollution'. (March-07).
Q.5. Explain the meaning of noise pollution and the measure to

control it. (March.-07).
SYNOPSIS
(1) Introduction
(2) Definition of Noise Pollution
(3) Noise and Sound Distinguished
(4) Sources of Noise Pollution
1. Industrial
2. Non-industrial
(5) Measurement of Noise
(6) Effect of Noise Pollution
1. Auditory Effects
2. Non-Auditory Effects
(7) Control of Noise Pollution/Measures of Control Noise Pollution/
Protection from Noise Pollution
(8) Non-Legislative Measures
(9) Legislative Measures
1. Noise Pollution as Nuisance under the Law of Torts
2. Control of Noise Pollution under Indian Penal Code
3. Noise Pollution control under the Code of Criminal Procedure
4. Noise Pollution Control under other statutes
a. Air Craft Act, 1934
b. The Police Act, 1861
c. The Workmen’s Compensation Act, 1923
d. The Factories Act, 1948
e. The Air (Prevention and Control) of Pollution Act, 1981
f. The Motor Vehicles Act, 1988 & The Central Motor Vehicle
Rules
g. The Environment (Protection) Act, 1986 and the
Environment (Protection) Rules 1986
(10) Constitutional Provision & Noise Pollution
(1) Introduction
Due to rapid growth of urbanization, industrialization and advancement

of science and technology the problem of noise pollution has emerged as one
of the serious problems. and it has become a serious challenge to the quality
of life of the people in most of the countries. The problem of noise pollution
has already crossed the danger point and noise like smog, is threatening as
a slow agent of death. Noise pollution has been identified as a "Slow Killer".
(2) Definition of Noise Pollution
The term "Noise Pollution" has not been defined in the Central
Legislative Acts anywhere. But the Environment (Protection) Act, 1986
recognizes noise as an "environmental pollutant" and empowers the Central
Govt. to frame rules prescribing the maximum permissible limits for noise in
different areas. In 1987, amendment to the Air (Prevention) and Control of
Pollution Act, 1981 expanded the definition of "Air Pollution" to include
'noise'.
The word "noise" is derived from the Latin term "nausea". It has been
defined as "unwanted sound", a potential hazard to health & communication
dumped into the environment without regard to the adverse effect it may
have on unwilling ears. Many industrial psychologists and environmentalists
have defined the term noise.
1) E. Britannica : - E. Britannica defines noise as 'any sound'. According to

this definition, 'a sound of church bells may be music to some and noise
to others. Usually noise is a mixture of many tones combined in a non-
musical manner."
2) J. Tiffin : - "Noise is a sound which is disagreeable to the individual and
which disturbs the normal activities of an individual."
3) Noise means any unwanted, harass and loud sound which is annoying,
uncomfortable, interferes with speech, damages the hearing capacity,
reduces concentration and work efficiency".
(3) Noise and Sound Distinguished
Generally speaking 'sound' and 'noise' can be taken to mean the same
thing, but in considering environment we must differentiate these two terms.
The two terms differ in their meaning. It is only when the effects of sound
are undesirable that is may be termed as noise. The most significant
attributed of noise are its "loudness" and "duration".
(4) Sources of Noise Pollution
Sources of noise may be broadly classified into two classes.
1. Industrial
The industrial sources may include noise from various industries

operating incites like boiler, machinery, foundry, flour-mill, cutting machines,
etc. Every industry produces noise pollution due to big machines working at
a high speed have high noise-intensity.
2. Non-industrial
Loudspeaker, Automobiles or road traffic, trains, air craft, construction

work projection of satellites in space, domestic noise from T.V., radio, mixer
machines etc, crowded bazaars, religious festivals, schools, social, religious
and political gatherings including sports fields, sirens, domestic animals,
typing machine, generator sets.

Noise problems may also be due to mining and the sufferers are
workers, community or those who dwell near it. Noise and vibrations are
caused by heavy earth-moving machines, drills and blasting operations.
(5) Measurement of Noise
The measure of noise is known as decibel. The word 'decibel' is made

of two words – 'deci' which mean 10 and 'bel' which has been taken from the
name of the scientist Graham Bell, who invited it.
(6) Effect of Noise Pollution
Noise has both auditory and non auditory effects depending upon the
intensity and the duration of noise level.
1. Auditory effects
Noise damages the ear and causes temporary and permanent

hearing loss. The temporary hearing loss is physiological phenomenon, which
is reversible. If the intensity and the duration of the noise is high then it
leads to permanent loss of hearing. It is an irreversible loss of hearing and it
may caused when the intensity of the noise is more than 140 db.
2. Non-Auditory Effects
The non-auditory effects of the noise are as under : -

a) Annoyance – noise caused annoyance, which leads to ill temper, mental
disorientation and violent behavior.
b) Effect on communication – Noise affects verbal communication on
which we depend in all kinds of environment.
c) Loss of efficiency – Noise directly demolishes the working efficiency & it
enhances chances for accidents.
d) Disturbance in Sleep – Noise also causes disturbance in sleep.
e) Effects on the nervous system – Noise can also lead to nervous
breakdown.
f) Hormonal Effect – Noise also causes stress & sometime fears which
disturbance the body's hormonal balance & produces many diseases.
g) Effect on Reproductive System – Noise also has effect on reproductive
cycle of different living organism.
h) Miscellaneous Effect – It has been found that in certain cases noise is
the root cause of various health hazards. It affect the digestive system.
(7) Control of Noise Pollution/Measure to control Noise

Pollution/Protection from Noise Pollution
Indian Laws on Control of Noise Pollution
Looking to the serious and disasters effects of noise pollution on

human life it is essential to take preventive and prospective measures. These
measures includes non-legislative as well as legislative –

(8) Non-Legislative Measures
a) Trees such as Neem and Ashoka absorb sound vibrations to a great

extent. Plantation of these trees on both sides of the roads, around
hospitals, libraries, schools and colleges, forests and parks reduce the
menace of noise pollution.
b) Noise insulating and noise-absorbing roads and buildings should be

constructed.
c) Strict check on industries and mining operations for noise control is

essential while issuing and renewal of licensees.
d) Intervals between blasting of rocks and explosion should be 17

milliseconds or more.
e) Loudspeakers and amplifiers should be so manufactured that they do

not produce more than 80dB of noise.
f) There should be a complete ban on the use of loudspeakers during

10.00 PM to 5.00 AM.
g) Public awareness is a must for the betterment of environment.
h) Railway tracks and highways should be away from residential areas.
i) Noise producing factories, industries, bus stands, railway stations,

should be located away from residential areas.
j) Silence zones near residential areas, schools, colleges and hospitals

are essential to minimize noise pollution & its disturbance.
k) General awareness should be developed among the people to sound

through radio, T.V. & cinema halls so that there is minimum noise pollution
in the environment.
l) The subject of environment protection should be made compulsory at

the school, college and university level.
m) Public awareness among masses should be created through seminars,

conferences and discussion etc. making them vigilant about the evil effects
of noise pollution.
(9) Legislative Measures
For the protection of environment from noise pollution it is essential to

adopt certain legislative measures. It is an established fact that most of the
causes of noise pollution are manmade. Law is the regulator of human
conduct and thus through legislative measure we can regulate the human
conduct to reduce the man made causes of noise pollution.
Different countries of the world have enacted different legislations to

control the noise pollution. For Ex. (1) in England there is Noise Abatement
Act, 1960, (2) America has passed the Noise Control Act, 1972 to control
noise pollution, (3) In India till recently i.e. till the enactment of the

Environment (Protection) Act, 1986 and its rules & schedules, there was no
direct legislation providing for the control of noise pollution. Now under this
Act Noise Pollution (Regulation and Control) Rules, 2000 have been framed
by the Central Government. But this does not mean that there was no law at
all the control the noise pollution before this earlier the noise pollution could
be controlled under various other laws some of which are as under : -
1. Noise Pollution as Nuisance under the Law of Torts
Under the Law of torts if noise affects persons comforts then it would
amount to nuisance, which is actionable. It is not necessary that there has
been any injury to health. The appropriate relief for the victims of the
nuisance under the law of torts is available either in the form of damage or
by way of injunction.
CASE LAW – Goathan Construction Co. V/s. Amulay Krishan, AIR 1968
In the above case the plaintiff prayed for perpetual injunction to

prevent private nuisance created by hammering of metal sheets in the
defendant’s workshop on the ground that the persons living in that locality
were being discomfited by the nuisance of such noise. The court, while
treating the noise of the workshop as actionable nuisance restrained the
defendant from running any sound in the workshop.
2. Control of Noise Pollution under Indian Penal Code, 1860
The Indian Penal Code recognizes noise as a public nuisance under

section 268. Section 268 provides that a person is guilty of a public nuisance
who does any act or is guilty of an illegal omission which causes any
common injury, danger or annoyance to the public or to the people in
general who dwell or occupy property in vicinity or which must necessarily
cause injury, obstruction, danger or annoyance to persons who may have
occasion to use any public right.
Section 290 provides that whoever commits a public nuisance in any

case not otherwise punishable by this code shall be punished with fine which
may extend to Rs.200/-.
CASE LAW – Ivour Hyden V/s. State, 1984 Cr.L.J. 16
In the above case the question before the Andhra Pradesh High Court
was whether a person could be held guilty and punished U/s. 290 of I.P.C.
for the offence of noise caused by playing a radio loud? The Court held that
act of plying a radio loud was considered to be excusable U/s. 95 of I.P.C.
The playing of radio at reasonable moderate velocity is tolerable but not at a
high velocity which is certainly objected to by a mam of ordinary prudence.
3. Noise Pollution control under the code of criminal procedure
The Criminal Procedure Code, 1973 does not have any direct provision
on noise pollution, but in Chapter X, Section 133 prescribes for the
abatement of nuisance in ordinary cases and Chapter XI U/s. 144 in urgent
nuisance. Noise Pollution is also include in nuisance.

CASE LAW – B. Patra V/s. District Magistrate, Cuttack, AIR 2000 Ori. 70
In the above case the Orissa High Court declared that "all District
Magistrate should be empowered to issue prohibitory orders U/s. 144 of
Cr.P.C. Limiting the hours of loudspeakers in religious places & for other
social gathering & functions.
4. Noise Pollution control under other statutes
a. Air Craft Act, 1934
As such, there is no provision under Air Craft Act, 1934 for controlling
noise pollution. However, under this Act Govt. is authorized to make rules for
the protection of public health. Noise pollution is source of various health
hazards. Thus, the Govt. can make rules to control the noise generated by the
Air Craft’s & take different measures to protect the people from health hazards.
b. The Police Act, 1861
Section 30(4) of the Police Act, 1861 covers the problems of noise
arising from music, which is one of the aspect of noise pollution.
c. The Workmen's Compensation Act, 1923
U/Sec. 3 of the Workmen's Compensation Act, 1923 there is liability of

employers to pay compensation to their workers in case of injurious caused
in the course of employment. Thus, noise pollution can be controlled in the
factories under the above mentioned provision.
d. The Factories Act, 1948
Third schedule of Factories Act, 1948 contains a list of noticeable

disease including the diseases of hearing loss caused by the noise. Entry 22
of the schedule deals with 'Noise induced hearing loss'.
e. The Air (Prevention and Control) of Pollution Act, 1981
The Air (Prevention and Control) Act, 1981 was enacted for the
prevention control and abatement of air pollution. Section 2(b) of this Act
defines "Air Pollution" to means the presence in the atmosphere of any air
pollutant. In 1987 this Act was amended and the definition of "Air Pollutant"
was expanded to included noise. According to this definition air pollutant
means any solid, liquid or gaseous substance including noise present in the
atmosphere in such concentration as may be or tend to be injurious to
human being or other living creatures or plants or property or environment.
Thus, noise pollution can be controlled under various provision of this

Act.
f. The Motor Vehicles Act, 1988 and The Central Motor Vehicle Rules
Section 110 of the Motor Vehicles Act, confers powers on the central
Govt. to make rules regarding the construction, equipment & maintenance of
motor vehicles U/s. 110(1)(h), the Central Govt. can make rules regulating

the reduction of noise emitted by or caused by vehicles and thus reduce the
noise pollution.
g. The Environment (Protection) Act, 1986 and the Environment

(Protection) Rules, 1986
U/Sec. 6(2)(b) the Central Govt. can make Rules providing for "the
maximum allowable limits of concentration of various environmental
pollutants including noise for different areas. Thus, the central Govt. has
power to control the noise pollution by laying down the maximum allowable
limit of noise in the environment.
(10) Constitutional Provision & Noise Pollution
The Constitution of Indian obligated 'state' as well as 'citizens' to

protect & improve environment. The constitution 42nd Amendment Act, 1976,
added a new directive principle in Article 48-A dealing specially with
protection and improvement of environment. It provides that the state shall
endeavor to protect and improve the environment and to safeguard the
forest and wild life of the country. The sane amendment also added a
fundamental duty of the citizens U/Article 51(A)(g) which provides that it
shall be the duty of every citizen to protect and improve the natural
environment and wildlife and to have compassion for living creatures.
Through judicial interpretations it has been held that right to live in

healthy environment is a part of article 21 of the Constitution.
Article 19(1)(g) provides that no person can carry on any profession,

occupation, trade or business, if it causes nuisance including noise to other
persons.

CHAP. (3) – CONSTITUTIONAL PROVISIONS & ENVIRONMENT
Q.1. "Right to a wholesome environment is fundamental right".

Discuss with reference to decided cases. (March-09).
Q.2. "Right to wholesome environment is fundamental right under

Article 21 of the Constitution". Discuss with suitable cases.
(March-06) (Oct.-07).
Q.3. Discuss the provisions of Indian Constitution in relation to

improvement and protection of environment. (March.-07).
SYNOPSIS
(1) Introduction
(2) 42nd Amendment and after
(3) Legislative Powers
(4) Fundamental Rights
(1) Introduction
The Constitution of India came into force on 26 th January, 1950. At

that time it did not contain any specific provision dealing directly with
environment, only provision which was of some significance was Article 47 of
Directive Principles of State Policy which reads : -
"The state shall regard the raising of the level of nutrition and standard
of living of its people and improvement of public health as among its primary
duties."
Article 21 of the Constitution which deals with the right to life and
personal liberty was not of much help in the beginning as it was given a very
restricted and narrow meaning. But in due course of time the problem of
pollution and environmentalists.
(2) 42nd Constitution Amendment and After
In 1976, under the leadership of late Mrs. Indira Gandhi, the

constitution 42nd Amendment was passed and provisions regarding the
protection of environment were incorporated into it. In the chapter of
Directive Principle of State Policy a new provision in the form of Article 48-A
was incorporated which runs as follows –
"Article 48-A provides that the state shall endeavor to protect and
improve the environment and to safeguard the forests and wildlife of the
country."
"Apart from this provision, a new provision in the form of

"Fundamental Duties", as Article 51-A was also incorporated by the 42nd
Constitutional Amendment. Article 51-A is important which provides that it
shall be the duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures."

The above mentioned constitutional provisions impose two-fold
responsibilities. On the one hand, they give directive to state for the
protection and improvement of environment and on the other they cast a
duty on every citizen to help in the preservation of natural environment.
CASE LAW – L.K. Koolwal V/s. State of Rajasthan, AIR 1988 Raj. 2.
In the above case the scope of Article 51-A(g) was examined by the
H.C. of Rajasthan. The High Court while pronouncing the judgment,
explained the true scope of Article 51A in the following terms.
"We can call Article 51-A ordinarily as the duty of the citizens. But in
fact it is the right of the citizens as it creates right in favour of citizens to
move the court to see that the state performs its duties faithfully and the
obligatory and primary duties are performed in accordance with law of the
land. Omission or commissions are brought to the notice of the court by the
citizen and thus, Article 51-A gives a right to the citizens to move the court
for the enforcement of duty caste on state agencies, department and local
bodies created under the peculiar law of the state."
CASE LAW – T. Damaodhar Rao V/s. S.O. Municipal Corporation,

Hyderabad, AIR 1987
In the above case the court pointed out that in view of articles 48-A
and 51-A it is clear that protection or environment is not only the duty of
every citizen but it is also the "obligation" of the state and all other state
organs including courts."
Some relevant provision which directly or indirectly related to

environmental protection under the constitution of India have been
enshrined in part IV, under the heading "Directive Principles of State
Policies."
Article 47 provides that the state shall regard the raising of level of
nutrition and standard of living of its people & improvement of public health
as among its primary duties.
Article 48 of the Constitution provides that the state shall endeavor to

organize agriculture and animal husbandry on modern and scientific lines
and shall in particular take steps for preserving and improving the breeds
and prohibiting the slaughters of cows and calves and other milky and
draught cattles. Thus Article provides for the security of cows, calves and
other milky and draught cattles which help in maintaining ecological balance.
Article 49 of the Constitution provides that it shall be the obligation of

state to protect every monument or place or object of artistic or historic
interest, declared by or under law made by parliament to be of national
importance.
Protection of monuments and places and objects of national

importance includes the protection from environment pollution. Therefore,
the state has to make efforts to improve the environment for protecting
monuments and places and objects of national importance.

(3) Legislative Powers
Apart from the aforesaid provisions, the Constitution of India confers

wide legislative powers on the parliament and state legislatures for providing
law relating to the environment protection. Parliament can make law with
respect to matters contained in the union list of the seventh schedule and
state legislature with respect to matters contained in the state list of
Constitution. Parliament and the state Legislature of the state are competent
to make laws with respect of any of the mattes contained in concurrent list.
(4) Fundamental Rights
Part-III of the Constitution confers Fundamental Rights to the Indian

citizens. Part-III contains Articles from 12 to 35. Out of them, Article 21 is
the most important in relation to the environment pollution.
Article 21 – Protection of Life and Personal Liberty – No person shall be

deprived of his life or personal liberty except according to
In the environmental proceedings much mere initiation and

concentration shall have to be taken. Disturbing the ecology and polluting
environment would be more hazardous and dangerous to innumerable
human beings, animals, flora & fauna. It is the responsibility of the Govt. &
every citizen to protect environment. The Supreme Court directed the central
and the state Govt. to take immediate steps to prevent illegal mining.
CASE LAW – M.C. Mehta V/s. Union of India (Ganga Pollution Case)
AIR 1988 SC 1115.
In the above case Justice Singh declared that the closure of industries
(tanneries) may bring unemployment and loss of revenue to the state, but
life, health & ecology have greater importance for the people."
CASE LAW – Education and Research Centre V/s. Union of India

(1995 3 SCC 42
In the above case the Supreme Court held that Article 21 which deals
with the right to life includes protection of health and strength of workers.
Industry whether public or private to take all such measures which will
promote health, strength and vigour of the workmen during the period of
employment.
CASE LAW – L.K. Koolwal V/s. State of Rajasthan, AIR 1988 Raj. 2
In the above case the Rajasthan High Court held that maintenance of
health, preservation of sanitation and environment falls within the purview of
Article 21 of the Constitution as it adversely affects the life of citizen and it
amounts to slow poisoning & reducing the life of the citizen because of the
hazards created, if not checked.

CASE LAW – Vellor Citizen Welfare Forum V/s. Union of India &
Others
In the above case on the report submitted by the Tamil Nadu State
Board & Central Board the Honourable High Court observed that though
leather industry is vital importance for the country as it generated foreign
exchange & provided employments, it has no right to destroy the ecology,
degrade the environment and cause a health hazard. Supreme Court held
that sustainable development means the development that meets the needs
of present without compromising the ability of the future generation to meet
their own needs. The precautionary principle and the polluters pay principle
are the essential features of sustainable development.

CHAP. (4) – STOCKHOLM DECLARATION, 1972
Q.1. Write a note on Rio-Conference. (March-06).
Q.2. What is the contribution of the Stockholm Conference on

Environment, 1972 towards protecting the environment?
Discuss. (Nov.-09).
Q.3. Write a note on 'Rio-Conference'. (March.-09).
Q.4. Explain in brief Stockholm Conference, 1972. (March-07).
Q.5. Explain the sailent features of Stockholm Declaration, 1972.

(Oct.-07).
SYNOPSIS
(1) Introduction
(2) Object
(3) Stockholm Declaration, 1972
1. Sustainable Development
2. Principle 21
3. Human Rights
4. Codification of Law Regarding International Liability
5. Protection of Natural Resources
6. Prevent Marine Pollution (7)
7. Promotion of Economic and Social Development (8)
8. Earth Watch
9. Governing Council for Environmental Programmes
10.Environmental Secretariat
11.Environment Fund
12.Ban on Nuclear Weapon Test
(4) UNEP
(5) Effect of the declaration
(6) Important points of the declaration
(7) Conclusion
(1) Introduction
First international conference on human environment was held in the

Stockholm, capital of Sweden (June 5-16, 1972) where 112 states
participated, including India, in the conference and accepted the declaration.
At the end of the conference, 26 principles were agreed and declared

by the participating states. These principles are known as Magna Carta on
human environment. The conference adopted an action plan relating to
natural resources, human settlement, human health, environment and
development, wildlife. It also declares that there is a need for the
international law relating to liability and compensation for the victim of
pollution and other environment damage.

(2) Object
The object of the Stockholm Declaration was to encourage and provide

guidelines for action by Government and International Organization to
protect and improve human environment.
The another object of the Stockholm Declaration was to pass our

mother Earth to the coming generations in clean and healthy conditions.
There is great task on the states. The environmental problems are linked
with development.
Hence every Govt. of the Globe faces the greatest challenge to design
development. So that it can eradicate the poverty and at the same time it
should concentrate on the environmental pollution. Development and
environment are two sides of the same coin. To solve this problem and to
have the solution, the U.N. Conference on the human environment was held
at Stockholm from 5th June to 16th, 1972. It is the first major attempt to
solve the global problems of conservation and regulation of human
environment.
(3) Stockholm Declaration, 1972
It was the first major declaration on the International Protection of

Human environment. It contains 26 Principles. The conference was
commenced on 5th June. So the day would be observed as the World
Environmental Day. The following provision is adopted in the Conference.
1. Sustainable Development
The principles of sustainable development were accepted by the

Stockholm declaration as an appropriate concept to eradicate poverty and
improve the quality of human life.
2. Principle 21
Principle 21 of the declaration says that every state should exploit its
own natural or human resources without effecting the rights of other
countries. This Principle is based on Common law maxim SIC UTERO TUO UT
ALIENUM NON LEADES. It means one must use his own rights so as not do
injury to another. In Trial Smeller Arbitration, the Court imposed
international responsibility on States for the pollution caused by industries
located in the state.
3. Human Rights
The Declaration gave importance to Human life. It stated that right to

live includes to live with healthy and hygienic conditions.
4. Codification of Law Regarding International Liability
All states shall cooperate to further develop the International Law

regarding liability and compensation for the victims of pollution and other

environmental damage caused by the activities within the jurisdiction of
State to the areas beyond their jurisdiction.
5. Protection of Natural Resources
Principle 2 declares that all natural resources including air, water and
flora and fauna must be safe guarded for present and future generations
through careful planning and management.
6. Prevent Marine Pollution (7)
All states shall take precautionary steps to prevent pollution of seas.
7. Promotion of Economic and Social Development (8)
For ensuring a healthy environment of man the economic and social

development is necessary in every state. The policies of states should be
favorable for improving living and working environment of man.
8. Earth Watch
It is an action plan for the development of Human environment. It is a

global environmental assessment programme. It includes evaluation, review,
research etc.
9. Governing Council for Environmental Programmes
It consists of 54 members. It prepares a report every year on the state

of global environment.
10. Environmental Secretariat
It serves as an actual point for environmental action. It ensure a high

degree of affective management.
11. Environment Fund
It is contributed by the member states according to their capacity. It is

utilized for programmes preventing and eradicating the global environmental
pollution.
12. Ban on Nuclear Weapon Test
The Nuclear Tests are badly affecting Ozanelayer, and contaminating

the environment. So the declaration banned nuclear tests.
(4) UNEP
The Stockholm declaration was approved by the General Assembly of

the United Nations in 1972. The United Nations Environmental Programme
(UNEP) was set up in Geneva in June 1973. It worked as catalyst stimulater
and co-ordinator amont the member states on the environmental action and,
it worked hard to implement Stockholm declaration. The habitat conference,

1976 and the Nairobi Conference on desertification, 1977 were conducted by
UNEP.
(5) EFFECT OF THE DECLARATION
With the influence of the declaration many states enacted

environmental legislation and also it influenced judicial activism in member
states. For Ex. India.
In 1982 the 10th Anniversary Conference of Stockholm Declaration was

held at Nairobi to review the developments. In that conference a declaration
was adopted which is known as 'Nairobi Declaration'. The declaration
reaffirmed the Commitment to the Stockholm Declaration.
(6) IMPORTANT POINTS OF THE DECLARATION : -
1. The Conference found that there was no change in the environmental

problems since 1972.
2. States decided to follow the Stockholm Declaration even in future with

certain improvements so as to suite to the coming global
environmental problems.
3. The Declaration emphasized to strengthen and expansion of National

efforts & international Co-operation for environmental protection.
4. It urged Governments and people to participate in the environmental

programmes.
(7) Conclusion

CHAP. (5) – RIO-CONFERENCE
INTERNATION REGIME
Rio-Declaration on Environment and Development, 1992 (Earth
Summit)
SYNOPSIS
(1) Introduction
(2) Object
(3) Important Points/Salient Features
(4) Rio-Declaration, 1992 (Earth Summit)
(5) Objectives of the Declaration
1. Rio Declaration on Environmental and Development
2. Agenda 21
3. Forest Principles
4. Convention on Climate Change
5. Convention on Biodiversity
6. Global Warming
(6) Green House Effect
(7) Depletion of Ozone Layer
(8) International Efforts : To protect O3 layer
(1) Introduction
In continuation of Stockholm Declaration, 1972 and the Nairobi

Declaration, 1982, the third major declaration is called as "Rio-Declaration".
The international conference on Environment was held in Rio-De Janerio,
capital of Brazil on 3rd June, 1992. About 20,000 delegates from 178 Nations
attended it. Hence it is also known as "Earth Summit". It discussed the
global and environmental problems vary widely. It was the largest
international conference in the history of international relations. It was held
from 3 to June 12, 1992.
(2) Object
The Rio Declaration was adopted in the conference with an object of

establishing a new & equitable global partnership through the creation of
new levels of co-operation among states, key sectors of societies and people.
(3) Important Points (Sailent Features)
1) It adopted the principle of sustainable development Rio-Declaration

gave utmost importance on global environment and economic systems. The
developing countries have been exploiting extent. On the other hand the
developing countries are burdened with poorness, huge population. Both of
them are damaging the planet, putting, pressure. Hence Rio-Declaration
declared that these issued are not only environmental but also economical.
2) It stressed the importance to plan to eradicate poverty. It also gave

importance to women, youth and indigenous peoples.
3) It gave importance on environmental legislation environmental impact

assessment, economic, scientific and technological policy development.

4) Certain important questions were discussed in the conference, such as,
who will pay for the cleaning the world, climate change, forests, biological
diversity, sustainable development etc.
5) The conference deeply concerned with the Green House effect,

Deforestation, Desertification, Global Warming, Ozone Depletion, Population,
Technology transfer, Finance & degradation.
6) The convention aspired that the developed countries should take

measures returning their emission of carbon dioxide and other green house
gases to 1990 levels by the year 2000.
7) It was accorded by all the participants for the forest development, and
to make necessary legislation to prevent the deforestation.
8) Mr. P.V. Narasimha Rao, the Prime Minister of India remarked that
declaration was "balanced and "satisfactory".
(4) REO DECLARATION, 1992

(EARTH SUMMIT)
The United Nations Conference on Environment and Development

(UNCED) was held on 3rd June, 1992 at Rio De Janeiro (Brazil). It was the
largest international conference in the history of international relations.
About 20,000 delegates from 178 Nations attended it. So it is also well
known as "Earth Summit".
(5) OBJECTIVES OF THE DECLARATION
This declaration gave importance to women, Youth and indigenous

people. It emphasized on the need of environmental legislation, EIA,
Economic Development, Scientific and technological Development. The
conference concerned with the Green House effect, Deforestation,
Desertification, Global, Warming, Ozone Depletion, Population, Poverty,
Technology Transfer, Finance and degradation. It is decided that the
developed countries should reduce the green house gases to 1990 levels by
the year 2000. The following are important documents adopted in Earth
Summit:-
1. Rio Declaration on Environmental and Development.

2. Agenda 21
4. Convention on Climate Change
5. Convention on Biodiversity
1. Rio Declaration on Environmental and Development
1. The Declaration guide the behavior of nations towards more

environmentally sustainable patterns of development.
2. Right of Human being to have a healthy and productive life in harmony

with nature is recognized.
3. Activities of states do not cause damage to the environment of other

states.
4. The concept of 'Intergenerational Rights' are recognized.
5. Eradication of Poverty is recognized as an important element for

sustainable development.
6. States should reduce and eliminate unsustainable patterns of

Production and Consumption.
7. States should pass effective environmental legislation.
8. 'Precautionary Principle' has been incorporated in the declaration.
9. The declaration emphasized on co-operation among states.
10. Regarding transfer of technology and also to promote a supportive and

open international economic system.
2. Agenda 21
Agenda 21 is a dynamic Programme. It is a voluntary action plan. It is

called as Agenda 21 because it is a comprehensive blue print for actions to
effect the transition to sustainable development in the 21st Century.
The Agenda 21 lays emphasis on the international co-operation for

achieving the goal of sustainable development. It deals with problems of
today and also aims at preparing the World for the challenges of 21 st
Century. It is divided into the following 4 sections.
I. SOCIAL AND ECONOMIC DIMENSIONS : - It promotes international

co-operation to achieve sustainable development in developing
countries, like eradicating poverty, promoting human health etc.
II. CONSERVATION AND MANAGEMENT OF RESOURCES FOR
DEVELOPMENT: - It is focused on protecting the atmosphere. Eg.
Planning and Management of land resources. Preventing deforestation,
protection and Oceans etc.
III. STRENGTHENING THE ROLE OF MAJOR GROUPS : - This section
strengthens the role of various major groups towards sustainable and
equitable development. Eg. Women, Children, Youth, Indigenous
people, N.G.G.O's and other communities.
IV. MEANS OF IMPLEMENTATION : - This sections related to financial
resources and mechanism, transfer of technology, promoting
education, public awareness and training.
They are set of non legally binding authoritative principles. They

suggest the sustainable management of forest worldwide. Forests play a
very important role in preserving the ecology. So specific recommendations
for preventing deforestation are given in section II of Agenda 21.
4. Conventions of Climatic Change and on Biodiversity
These two conventions were unanimously accepted in the conference.

The first convention is to prevent global climate change. According to this

convention the States have to take steps to reduce their emissions of gases.
In 1993 the U.S. President Clinton accepted that the U.S. would reduce its
emission of green house gases to their 1990 level by the year 2000.
The convention on Biodiversity says that the states must take steps for
protection and sustainable use of the World's diverse plant and animals.
Section II of the Agenda-21 contains specific recommendations to improve
the conservation of biological diversity and the sustainable use of biological
resources as well as to support the convention on Biological Diversity.
Though U.S. refused to sign on the convention later it signed during Clinton's
period. It is submitted that low conventions are first steps towards
implementing the concept of sustainable development following Rio
declaration.
5. Earth Summit Plus Five
A Special Session of the U.N. General Assembly on the environment

was held at New York in June, 1997. It is also known as "Earth Summit Plus
Five", because it was held after 5 years from Rio Declaration of 1992 i.e.
Earth Summit. In this week long programme the progress towards sustainable
development was reviewed. They based their review on Agenda-21.
In the conference it was found that the oceans, forest and atmosphere
are still in trouble and its population of poor people is growing. And also it
was found that the global warning was increased nearly 2% in the past five
years. Similarly Biodiversity convention was suffered same defect. The
deforestation rate rose from 11,000 Sq. Km. a year (1991) to 15,000 Sq.Km.
(1995). In the end the conference concluded that the overall trends are
worse today that they were in 1992.
However, the delegates agreed on few concrete remedies in global

warming. Environmentalists also gave a call to create a 'World Environment
Court' to solve the International Environmental Disputes.
6. Global Warming
The increase in atmosphere temperature of earth, i.e. warming up of

the earth is called "GLOBAL WARMING". It is threatening the world more
than the nuclear weapons. It dangerously effect living beings. and physical
environment in 1998 the average temperature of the world was recorded as
58o F which is the highest in this Century Causes of the high temperature are
burning of coal, oil, wood industrial emissions etc. If these human activities
are continued in the same manner the temperature will increase to 2o to 6o F
in the next Century. If the glacier of the Arctic and Antarctic melt, water of
Seas will rise 300 feet and as a result of this major cities of the world and all
ports will submerge in the water. The first state which would be effected is
mali island.
In view of the seriousness of the situation UNEP chose GLOBAL

WARMING as a Slogan in 1989.
The main reasons of the global warming are the following : -
1. Green House effect

2. Depletion of Ozone layer
3. Deforestation.
(6) Green House Effect
Carbon dioxide (CO2) methane (CH4), Nitrous Oxide (N2O) Chlorofloro

Carbons (CF) etc. are called as Green House Gases. These gases absorb
radiation heart and create a higher temperature industries and burning of
coal, oil, wood etc. produced these gases. The high concentration of these
gases in the atmosphere increases the atmosphere temperature. Such
increase of atmosphere temperature to the Green House gases is known as
'Green House Effect'. It adversely effects human environment. Proper
measures must be taken to control or prevent the emission of these gases.
Otherwise, the earth has to face more serious environmental consequences.
(7) Depletion of Ozone Layer
Ozone is 3 Oxygen Molecular atom (O3). In the upper atmosphere at

about 15 km. height the Ozone Layer surrounds the earth. Most dangerous
ultra violate rays of sun are filtered in the Ozone layer. So it protects the
earth from the destruction and ultra violate radiation. The ultraviolet rays
cause cancer, cataracts. skin deceases, destruction of aquatic life and
vegetation and loss of immunity. Cataract is the primary cause of blindness
in India. There are nearly 20 million blind people in India. Recently Scientists
have detected cases of sheep becoming blind and children suffering allergies
and sunburns in south Chile due to exposure to ultraviolet rays of the sun.
The industrialization, nuclear weapons, nuclear wastage are reducing

and deplenting the ozone layer. The main substances which adversely reacts
with the ozone are chlorofloro carbons (CFCs) and Halons. CFC's are used in
air conditioners. refrigerator etc. Halong mainly as fire extinquick.
(8) International Efforts : To Protect O3 Layer
In 1983 British Scientists discovered a hole in Ozone layer in Antarctic

region, which is bigger than the European continent. Two years later in 1985
a treaty was signed in Vienna on conservation of Ozone layer. Subsequently
Montreal protocol, 1987 was signed to reduce 50 percent of CFC's by the
year 1998. It was followed by Helsinki meeting which almed at total
elimination of C.F.C.'s by the end of this century.
The development countries contribution in the total discharge of CFC's

is 95% where as developing countries share is only 5% India releases just
6000 tonnes of CFCs per a year which is equal to one and a halt day of world
total release. However the world’s worst polluter U.S.A. is contributing 21%
of CFC’s to atmosphere pollution. Because of this reason India refused to
sign Montreal protocol and insisted on 'Polluter Pay' Principle making the
developed countries liable.
To avoid the dangerous situation the developed have discovered Ozone

friendly substances in place of CFCs. But developing countries cannot afford
the costs of using such advanced technologies. A decision was taken to
establish an Ozone fund to assist the developing countries in this regard.

CHAP. (6) – COMMON LAW REMEDY & OTHER STATUTORY
REMEDIES
Q.1. What are the common law remedies available to an individual

against the polluter of environment?(March-09).
Q.2. What are the common law remedies available to an individual

against the polluter of environment?(March.-06).
Q.3. What are the various legal provisions incorporated in Indian

Penal Code, 1860, Criminal Procedure Code and Civil Procedure
Code regarding abatement of nuisance? (March.-07).
Q.4. What are the legal provisions incorporated in I.P.C., Cr.P.C. and
C.P.C. regarding pollution control? (Nov.-09).
SYNOPSIS
(1) Introduction
(2) Common Law Remedies
(3) Nuisance
(4) Trespass
(5) Negligence
1. Duty to take care
2. Brach of Duty
3. Damage
(6) Strict Liability
(7) Statutory Remedies
1. Indian Penal Code, 1860
2. Criminal Procedure Code, 1973
3. Civil Procedure Code, 1908
(8) Conclusion
(1) Introduction
Modern environmental law has its roots in the common law principles
of nuisance. The substantive law for the protection of the citizens
environment is basically that of common law relating to nuisance. In fact the
remedies under the law of tort to abate environmental pollution is the oldest
legal remedy. Nuisance created by environmental pollution can also be
controlled and regulated under the statutory provisions of Indian Penal Code
and Criminal Procedure Code. Even under Civil Procedure Code there is a
provision to control public nuisance.
(2) Common Law Remedies
The term "Common Law" is derived from Latin words lox communis. It
is a body of customary law of England which is based upon judicial decisions.
The common law continues to be in force in India under Article 372 of the
Constitution in so far as it is not altered, modified or repealed by statutory
law. The common law remedies against the environmental pollution are
available under the law of Torts. Tort is a civil wrong other than breach of
trust or contract. Any tortuous action results in damage to property, person
or reputation of another person and the affected party can claim damages,
compensation or injunction or both.
CASE LAW – M.C. Mehta V/s. Kamal Nath, (2000) 6 SCC 213.
In the above case the Supreme Court rightly observed that

environmental pollution amounts to Civil Wrong and by its nature it is a tort
committed against the whole community. The Court observed : -
"Pollution is a civil wrong. By its very nature, it is a tort committed

against the community as a whole. A person, therefore, who is guilty of
causing pollution has to pay damages (Compensation) for restoration of the
environment and ecology. He has also to pay damages who have suffered
loss on account of the act of the offender…. In addition to damages …. the
person guilty of causing pollution can also be held liable to pay exemplary
damages, so that it may act as a deterrent for others not to cause pollution
in any manner.
(3) NUISANCE
The roots of environmental law can be found in the common law

concept of Nuisance. The definition of pollution under water Act expresses
that contamination of water can be considered as pollution, when it may or is
likely to cause a nuisance. Thu, nuisance is the basis for pollution.
Under common law, nuisance means an unlawful interference with a

person's use or enjoyment of land or some right over or in connection with
it. Acts interfering with the comfort, safety and health through noise,
vibration, heat, smoke, smell, fumes, water, gas, disease producing germs
are considered as nuisance. Polluting the public drainage, releasing offensive
gases and dust in to the atmosphere, discharging sludge's wastes liquids into
tanks, canals, producing intolerable noises are some of the ways of causing
nuisance through pollutants. This environmentally damaging nuisance
certainly will effect health or habitability of a locality.
The nuisance is of two kinds, private and public. Private nuisance is an

unreasonable interference with a person's right over wholesomeness of land
where public nuisance is an unreasonable interference with a general right of
the public. In case of public nuisance, though it effects the public at large, no
one has right to bring a civil action, unless he proves special damages.
CASE LAW – Dr. Ram Raj Singh Vs. Babulal (AIR 1982 ALL. 285
The defendant erected a brick-grinding machine adjoining the hospital

of the plaintiff. The brick-grinding machine generated dust, which polluted
the atmosphere. The dust entered the consulting chamber of the plaintiff and
caused physical inconvenience to him and patients. The dust accumulated on
the clothes and property of the plaintiff. It was considered by the court as
special damage and granted a permanent injunction.

CASE LAW – Ratlam Municipal Corporation Vs. Virdhichand (AIR
1980 SC 1622)
The residents of Ratlam Municipality were facing public nuisance

caused by open drains, open public excretion by nearby slum dwellers and
effluents from alcolol plant, Vardhichand and other residents filed a
complaint before the sub-divisional magistrate requesting to direct the
municipality to take steps for removal of the public nuisance under section
133 of Cr.P.C. The magistrate issued directions to the municipality to draft a
plan for the removal of nuisance. On appeal the Supreme Court approved
the order of the magistrate. This case is significant stone in the path of
environmental protection and it influenced decisions of various High Courts.
CASE LAW – Krishna Gopal Vs. State of M.P. (1986 Cr.L.J. 396)
A glucose saline manufacturing company installed in a residential

locality was causing noise and air pollution. A lady resident complained that
her husband, a heart patient, was disturbed constantly in his sleep every
night by the noise of the boiler in the company. Basing on this complaint the
magistrate issued orders under section 133 of Cr.P.C. to close down the
factory. On appeal the High Court of M.P. confirmed the order of the sub-
divisional magistrate. This approach of courts provided a wider scope for the
law of public nuisance to operate for purpose of protecting the environment.
(4) Trespass
Trespass to land means an unauthorized interference with possession

of land. The interferences shall be direct and through some tangible object.
Use of force is not required and even a minute invasion is a trespass. It is
actionable perse i.e. actionable without proof of any damage. The liability for
trespass is strict, probably inevitable accident will be a good defence.
Regarding to trespass in environmental law, discharge of noxious and

hazardous industrial wastes, effluents, gases into the surrounding lands,
rivers, lakes, atmosphere is certainly considered as trespass to land.
Because such activities are unauthorized, direct and through some tangible
objects. It is interfering with the safety, comfort, health and happiness of the
people. Thus, they went beyond the considerations of trespass in law of
torts.
Further, trespass is possible even by an inversion on the subsoil. The

untreated chemical effluents discharged on to the open land and into pits are
percolating into the subsoil. Ultimately they are reaching wells and ponds of
surrounding villages through the underground water channels and making
until for consumption and it also effecting the fertility of land. When taking
minerals from out of the subsoil is considered as trespass, contaminating the
underground water channel, thereby impairing the fertility of the soil shall
also be considered as trespass to land. Because it is direct interference with
the possession of land.
(5) Negligence
Negligence is a breach of duty to take care which results in damage.

The following are essential conditions for the tort of negligence.
1. Duty to Take Care
There must be a legal duty on the part of the defendant to take care.
This duty arises whenever the possible evil consequence of his act are
foreseen.
2. Breach of Duty
Failure to take reasonable care in avoiding of such evil consequences is

known as breach of duty.
3. Damage
If the breach of duty causes legal injury, harm, loss to any one it is
known as damage. There must be direct link between the negligence and the
harm caused.
Regarding negligence in environmental law, there is a legal duty under

water Act, Air Act, and Environment Protect Act, on the part of the
industrialist, not to discharge effluents, garbage, and emissions without
proper treatment. The consequential evil effects of such discharge can be
foreseen by any one. But industries are grossly violating this duty and
indiscriminately discharging chemical effluents, emitting poisonous gases and
hazardous solid wastes into the environment without any treatment.
Ultimately people are suffering will resultant damage like health problems,
destruction of property. These industrial activities are known as "negligence"
in law of torts.
As the liability in negligence is based on fault, the negligence would be

utilized only where other common law remedies nuisance and trespass are
not available.
In Naresh Dutt Tyagi Vs. State of U.P. chemical pesticides were

stored in a Godown in residential area. Fumes emanating from the pesticides
leaked through ventilators and resulted in death of three children. It was
held that it was a clear case of negligence.
(6) Strict Liability
Strict liability is a common remedy for environmental issues, where the

harm is cause by escape of hazardous substances. The doctrine of strict
liability was propounded by Black Burn. J in Rylands Vs. Fletcher case.
According to this rule if a person keeps or brings on his land any dangerous
thing, he will be prima facie liable for the damage caused by its escape. He is
liable even without intention or negligence. Thus, it is known as "no fault"
liability. However, certain exceptions to this rule were recognized in this
case.
Many acts of pollution are caused by materials or substances, which

are brought on to land and escaping from that land. Hence, the implications
as far as strict liability in environmental pollution in concerned are quite
clear.

However, recently a more stringent rule of absolute liability was
propounded by the Supreme Court in M.C. Mehta Vs. Union of India (Oleum
Gas leak case). Exceptions are not available under this rule. Thus, it seems
that environmental law has been changing in India according to new
challenges of the day.
The Supreme Court of Indian followed this absolute liability principle in

the subsequent case INDIAN COUNCIL FOR ENVIRO LEGAL ACTION Vs.
UNION OF INDIA (AIR 1996 SC 1446). However, public liability Insurance
Act, 1991 was enacted making the polluting industries absolutely liable.
(7) Statutory Remedies
There are various statutory provisions in India which play a very

important role in preventing and controlling all kinds of pollution. In addition
to the specific legislations relating to environment protection broadly the
statutory provisions regarding the environmental pollution can be discussed
under the following heads: -
1. Indian Penal Code, 1860 : -
Indian Penal Code declares certain acts affecting environment as

offences. Chapter XIV containing Sections 268 to 294-A deal with offences
affecting the public health, safety, convenience, decency and morals.
Section 268 I.P.C. defines Public Nuisance and Sections 269 to 290
provide punishment for public nuisance. Sections 272 to 276 deal with the
adulteration of food. drinks and drugs. Sec. 277 aims to prevent water
pollution. This section provides that fouling of water of public spring, well or
reservoir rendering it less fit for purposes for which it is ordinarily use, shall
be punishable with imprisonment upto three months or with fine up to
rupees five hundred or both. The section further provides that "no trade,
business or manufacturing process shall be carried out in the residential area
which produces noxious and offensive smell.
2. Criminal Procedure Code, 1973 : -
The Code of Criminal Procedure, 1973 provide for certain provisions for
preventing and controlling public nuisance causing air, water and noise
pollution.
Chapter X, Part-B containing sections 133 to 143 and Part-C containing

Section 144 provide for most effective and speedy remedies.
Section 133 Cr.P.C. – According to Section 133 of the Cr.P.C., the

District Magistrate or Sub-Divisional Magistrate or Executive Magistrate, if he
is so empowered by the State Government, on receipt of report from police
officer or other information, may make conditional order to remove the
public nuisance causing pollution. The conditional order may be made
absolute and if the person concerned fails to carry it out, he can be
prosecuted under Section 188 of the I.P.C. Even the head of the Government
Department or public bodies can be prosecuted for defying the orders.

It may be noted that Section 133 Cr.P.C. can be used even against
statutory bodies like Municipalities, Corporations and other Government
bodies causing public nuisance and environmental pollution. In some cases,
the statutory bodies, instead of rectifying their act (or omission causing
public nuisance) fight the legal battle, taking the plea of financial instability.
3. Civil Procedure Code, 1908 : -
Section 91 of Code of Civil Procedure, 1908 provides for an action in

respect of public nuisance. According to Sec. 91 of C.P.C. in case of public
nuisance or other wrongful act affecting or likely to affect, the public a suit
for declaration and injunction or for such other relief as may be appropriate
the circumstances of the case may be instituted.
a) by the Advocate General; or
b) with the leave of the Court, by two or more persons even though no
special damage has been caused to such persons by reason of such public
nuisance or other wrongful act.
This section does not limit or affect any right o suit, which may exist
independently of its provisions. Thus, the persons causing air or noise
pollution or public nuisance are liable for prosecution.
(8) Conclusion

CHAP. (7) – JUDICIAL ACTIVISM & ENVIRIONMENT
PROTECTION
Q.1. Judicial activism & Environment Protection – Short Note?

(March-2010).
Q.2. What is the role of judiciary in the protection of environment?

(Nov.-09).
Q.3. Judicial activism & Environment? (March.-08).
SYNOPSIS
(1) Introduction
(2) Right to Environment
(3) Public Interest Litigation
(4) Industrial activity and Environmental Protection
(1) Introduction
Till 1980 The Courts in India were confined to the common law rules of
strict liability, nuisance, negligence etc. to redress the environmental
grievances. However, recently by going beyond these common law principles
courts, have added new dimensions to the Environmental jurisprudence in
India. particularly the efforts of the Supreme Court in this regard are
remarkable. The decision of Supreme Court in RATLAM MUNICIPALITY case is
beginning for "judicial response" on environmental aspects. The Indian
experience is the most successful one among the world countries in this
regard. The probable reasons may be judicial step up and public inspiration
in India this process courts have not confined to preventive measures but
they issued directions for remedial justice too.
CASE LAW– Ratlam Municipality Vs. Vardhichand (AIR 1980 SC 1622)
A nalla was following thro9ugh the residential area in Ratlam city.

Alcohol plant used to discharge waste material into this nalla. The half
constructed drain allowed dirty water to overflow. More over the slum
dwellers used the bank of drain as an open latrine. The dirty water flowing
from lavatories and urinals of the residential nouses had no outlets and pits
were full of this dirty water. This filth helped bulk of mosquitoes breeding.
This situation was having very harmful effect on the residents. They moved
to Sub Divisional Magistrate Court against Municipality to take action under
Section 133 of Cr.P.C. to reduce the nuisance. The Magistrate ordered to
construct drains and to remove the filth within 15 days. The High Court
upholding the order of the Magistrate declared that the Municipal council and
the Town improvement trust must prepare a permanent plan for the free
flow of dirty water of the nalla and must give a concrete plan within 6
months.
When the case came before the Supreme Court, it upheld the order of
the magistrate. The court issued directions that the Municipal Council and
the State Government shall take steps to stop the pollution caused by the

alcohol plants. Prior to these case similar cases were decided by the
Supreme Court under nuisance.
(2) RIGHT TO ENVIROMENT
Though there are several laws dealing with environment the right to
clean environment is not provided in any statute. But courts have recognized
this right by interpreting Art. 21 of the Constitution.
The right to life which is laid down in Article 21 of the Indian

Constitution used to be given a restricted meaning. But for the first time the
Supreme Court interpreted that the right to life includes the right to
wholesome or pure environment, in the following case.
CASE LAW – Rural Litigation and Entitlement Kendra Dehradun Vs.

State of U.P. (AIR 1985 SEC 652 (Doon Valley Case)
Limestone mining caused in the depredation of the environment and

adversely effecting the safety and health of the people living in the Doon
valley. The complaint lodged by the Kendra was treated by the Supreme
Court as writ petition under Art. 32. The court ordered for the closure of
some quarries on the ground that the mining operations mere inspecting
ecological balance. Although Art. 21 is not referred to this judgment it can be
understood as involving violation of right to life under Art. 21.
CASE LAW – M.C. MEHTA Vs. UNION OF INDIA (Ganga Water

Pollution Case ) (AIR 1988 SC 1037)
The Supreme Court observed that closure of tenneries may bring

unemployment. Loss of revenue but life, health and ecology have greater
importance to the people.
CASE LAW – T DAMODARA RAO Vs. SPECIAL OFFICER, MUNICIPAL

CORPORATION OF HYDERABAD (AIR 1987 AP 171)
In this case the A.P. High Court expressed in detail the relationship
between the fundamental rights as given in Art. 21 and the right to
unpolluted environment.
In this case the L.I.C. and Income Tax department had acquired 37
acres of land to construct houses of their employees. This land was allotted
from 150 acres area of land specified for recreational part.
The High Court of A.P. observed that the right to life under Art. 21
includes right to clean Environment. Without pure environment life cannot be
enjoyed. The court expressed that not only the violent extinguishment of life
but also the slow poisoning by the polluted atmosphere caused by
environmental pollution should be regarded as violation of right to life. The
court held that purpose of planned development is to maintain an
environmental balance. So constructing of houses in area specified for
recreational park is contrary to right to life. Permission cannot be granted to
alter the development plan.

The Court gave priority to the ecology and environment than the
housing requirement. The court struck a balance between the right of
ownership and environment. The uncontrolled right of ownership of land has
become subservient to the general good i.e. to have good environment.
CASE LAW – ATTAKOYA THANGAL Vs. UNION OF INDIA (1990 K.L.T.

580)
The Kerala High Court observed that right to life does not mean mere
animal existence. Right to clean water and right to free air are basic element
of right to life. With the expression of the Supreme Court it is widely
accepted that the right to life under Art. 21 includes wholesome
environment. In recover the court have encouraged environments by
awarding rewards and created public awareness regarding environmental
issues.
(3) PUBLIC INTEREST LITIGATION
In above discussed cases the Supreme Court allowed suits under Art.
32(Writ Jurisdiction) through public interest litigation. According to
traditional rule of locus stande the effected party alone can file a suit to get
remedy from the S.C. Under Art. 32 but in order to do justice to social,
economic backward people who cannot approach the S.C. widened the scope
of Art. 32 by setting aside the locus standi rule. Now any public sprinted
person can file a suit for the enforcement of constitutional of legal rights of
public general or any individual. In the light of above mentioned cases it is
proved that the public interest litigation became a good means for the
rederessal of Environmental grievances. However the S.C. in protecting
Environment and ecological balance through public interest litigation
particularly when the executive is not well functioning is appreciable.
In the following cases also the S.C. permitted suits through public
interest litigation. The approach adopted by the Supreme Court is based
upon a process of legal reasoning strongly inspired by the need of 'Social
Justice'. SP GUPTA Vs UNION OF INDIA (AIR 1982 SUPREME COURT 149),
M.C. MEHATA Vs UNION OF INDIA (SHRIRAM FOOD & FERTILIZERS CASE),
M.C. MEHATA Vs UNION OF INDIAN (TANNERIES CASE) TARUN BHARAT
SINGH, ALWAR Vs. UNION OF INDIA (AIR 1992 SC 514) (SARISKA BIO-
RESERVE)
(4) INDUSTRIAL ACTIVITY AND ENVIRONMENTAL PROTECTION
Industries are main contributors of environmental pollution among all

factors. So industrial development is causing much degradation to the
Environment and it must be controlled. But Art. 19(1)(g) of the constitution
guarantees every citizen of India to carry on his business of trade. So conflict
will arise between a right to carry on trade, and economic development on
one hand and prevention of pollution and protection of environment on
other. In Abhilash textiles Vs. Rajkot Municipal Corporation. A attempt
has been made by High Court of Gujarat to draw a balance between them.

Facts of the Case
The Municipal Commissioner of Rajkot had issued a notice to dying and

printing industries of Rajkot, in order to prevent the discharge of dirty water
from the factory on public road and public drainage.
And he stated that these acts are causing damage to public health. He
also directed to take steps within 7 days, otherwise he would take steps to close
factory. Against this order 4 petitions were filed by 165 dying industries.
The contention of the petitioner was that they were carrying on the
business for last about 25 years and they are providing employment of 30
thousand families and hence the proposed action will have serious effect on
them. They pleaded that before taking the drastic step, the Commissioner
ought to have given them the opportunity of being heard they took shelter
under the observation of the S.C. in Menaka Gandhi Vs. Union of India to
protect their trade.
However, the S.C. observed that Art. 19(1)(g) of the constitution

confers right upon every citizen to practice any profession or trade or any
occupation, trader or business but this fundamental right is subject to
reasonable restrictions which may be, placed in the interest of the general
public as provided for sub-clause (6) of Art. 19 itself. No one has right to
carry on business so as to cause nuisance to the society.
The court further observed that discharge of effluent water on public a

road and in the drainage caused Environmental pollution. Art. 51(A)(g)
imposed fundamental duties on citizen of India to protect and improve the
natural Environment in this case of the Commissioner by giving notice simply
remanded the petitioners of their fundamental duties.
Regarding the contention of the petitioners that the business is being

carried on for last 20 to 30 years. The Court observed that if the petitioner
wish to carry on business they may have to incur expenditure and they must
provide for purification plant before discharging the effluent water on public
road or in the public drainage system. The petitioners cannot be allowed to
get profit as the cost of the public health. This is the mandates of the law.
This is what the Commissioner has proposed to do by serving the notice
upon the petitioners. However, the Court directed the commissioner to give
some more time to the petitioners to mend those ways and prevent the
nuisance.
So the S.C. clearly gave priority to the question of environment then to

the question of fundamental rights and development. Development cannot
be achieved by exercising fundamental rights at the cost of the health of
citizen.
The judicial policy reflected in the decisions is one of the strengthening

the hands of enforcement agencies. At the same time judiciary has been
cautious, malicious litigation’s have not been permitted under the mask of
actions for controlling pollution. The enforcement agencies have been not
allowed to over step the limits of their jurisdictions in a spirit of
Environmental over enthusiasm.

CHAP. (8) – FOREST LAWS
Q.1. What are the aims, objects and provisions of Forest

Conservation Act, 1980? (Nov.-2009).
Q.2. Write a short note on Forest Conservation Act, 1980? (March.-

08).
SYNOPSIS
(1) Introduction
(2) The Indian Forest Act, 1927
(3) Kinds of Forest
1. Reserve Forest (Sec. 26)
2. Protected Forest (Sec. 29)
3. Village Forests (Sec. 28)
(4) Forest Policies
(5) The Forest (Conservation) Act, 1980
(6) Forest Management Staragies
(7) Judicial Trends
(8) Right of Adivasis or Tribals over forests (Right to livelihood)
(1) Introduction : -
The word forest is derived from the Latin word FORTS that means
"outside". This has reference to village boundaries or fence. It includes all
uncultivated and uninhibited land. Forest is a collection of trees, shrubs,
herbs, grass and wild life living in it.
Forests are occupying a pivotal role economically as well as

ecologically. They have abundant natural economic resources like wood, fuel,
medicines etc. They will maintain balance in oxygen cycles, monsoons and
prevent soil erosion and prevents floods and it protects and preserves our
environment. In ancient days people were well aware of the evil effects of
deforestation and customs, religion protected forest in the name of sacred
groves. Vedas and smrutis stress on protection of flora and fauna.
Now, due to various reasons likely mining, construction of dams,

timber supply etc. forests are extinguishing. Supply of large quantities of
teak to British Admiralty fleet at the end of 18 th century, was the beginning
for history of deforestation in India. Subsequently the construction of
railways, in the middle of 19th century, imposed heavy burden on the Indian
forests for supply of wood. To regulate the supply of wood, a separate forest
department was established in 1858. In 1864 the first Inspector General of
Forest was appointed. To prevent the indiscriminate activities of human
being against forests, various enactment's were made in 1865, 1878 and in
1927 in India, during pre independence era. The landmark legislation among
them is the Indian Forest Act, 1927.
(2) THE INDIAN FOREST ACT, 1927 : -
It is a comprehensive legislation and consolidated the preexisting laws.

This Act gives authority to state governments over forests.

(3) KINDS OF FOREST : -
This Act devised forests into two kinds (1) Public Forest (2) Private
Forest. Public forests are owned and controlled by government where private
forests are property of private individuals. But this Act authorizes the
government to regulate timber cutting cultivation, grazing and burning or
cleaning of vegetation on private forestland. And also the Act authorizes the
government to acquire private forestland for public purposes under the Land
Acquisition Act, 1894.
Public Forests are divided into 3 kinds. They are (1) reserve forests (2)
protected forest and (3) village forests. –
1. Reserve Forest (Sec. 26) –
It is certain area of forest which is declared by states as "reserve

forest" for the protection of flora and fauna of that area. In reserved forest
few or all rights of individuals are reserved. So individuals, including forest
dwellers have no right to use the forest produce or land in this area except
rights permitted by the government. Felling trees, pasturing of cattle, stone,
quarrying, burning coal, collect or removal of forest produce from reserved
forest are prohibited but can be permitted with the permission or contracts
of state governments.
2. Protected Forests (Sec. 29) –
Protected forests are forests, which are protected from specified or

acknowledged activities only. State government an prohibit certain activities
in protected forests. Individuals are at liberty for other than these prohibited
activities.
3. Village Forests (Sec. 28) –
Forests, which are assigned to the village communities, are known as

village forests, Comparatively government control is less in village forest.
The object of village forest is to protect the rights of the village communities
in forestland against trespass. The right to collect timber and forest produce
in village forests is regulated by the state government through rules.
The main reason for this classification in that the reserved forests are
in abundance of valuable trees but in protected and village forests timer
yielding trees are very less. Thus, absolute control is imposed in using
reserved forests.
The object of the Act seems to regulate the forest income rather than
to prevent the deforestation and to protect environment. The Act being the
product of the British colonial government it reflects the exploitative
intentions of colonial authorities.
(4) FOREST POLICIES –
After independence, in the first five years plan the government of India
declared the forest policy, 1952. The object of the policy is to improve the
forestation and to prevent environmental pollution. These policies aimed to

raise the forest are to 33 percent of the country’s total area, as it is
prescribed by scientists to achieve environmental equilibrium.
However, the policy is ineffective in achieving its objects and it is

totally failed. Thus, the government of India declared a New Forest Policy in
1988.
In 1988 policy the importance of forest was recognized from the point
of view of environment. Accordingly the following main objects are adopted
in this polity.
1. The policy recognized the role of people, particularly tribal in the

management, protection and development of forests.
2. Forest based industries like paper industries are discouraged to prevent
deforestation.
3. A private contractor, intervention was stopped.
4. The policy targeted to refill the depleted forest area.
5. Forest area should not be converted for non-forest purpose.
However, these declared objectives are still a dream to be realized by

enacting legislation.
(5) THE FOREST (CONSERVATION) ACT, 1980
Conservation of forests is the main object of the Act. Regarding the

following matters state government can make orders only with the 'prior
approval' of the Central Government (Sec. 2)
(1) De-reservation of forest

(2) Use any forestland for non-forest purpose
(3) Leasing any forestland to private agency.
(4) To cut naturally grown trees in forest land for reforestation of the land.
The expression 'non forest purpose' is explained in the section 2 itself,

as clearing of any forest land for cultivation of commercial crops like tea,
coffee, rubber, spice, medical plants etc. However, reforestation is not a
nonforest purpose.
Punishment for the violation of the Act is simple imprisonment up to

the extent of 15 days (Sec.3A). This punishment is inadequate to enforce the
Act effectively. Thu, deterrent nature of punishment is suggested.
The appreciable change in this Act is the earlier revenue oriented legal
policies of the government changed towards environmental protection.
However, it is criticized that due to vested interests of various agencies, this
forest Act also has failed to give desired result. Thus, for eliminating such
evils, it is suggested that an independent national forestry regulatory
commission with absolute powers must be established.
(6) FOREST MANAGEMENT STARAGIES
Apart legislative measures, the following strategies can be adopted to

achieve desirable requirement of 33 percent of forest land.

(1) Local bodies like panchayats and municipalities should make it as a policy
that one third of its geographical area is under tree over.
(2) If any forest area is cleared under development activities, the removed
trees must be substituted with the plantation of double the number.
(3) To get planning permission for construction o houses, factories etc.

required number of plants must be planted with in the premises and it
should be made mandate.
(4) Substitutes should be found out for wood articles in construction works.
(7) JUDICIAL TRENDS
In the recent times Supreme Court has shown its concern for
protection and conservation of forests. In Ambica quarry works case and in
rural litigation case the court recognized the importance of the forest in
maintain ecological balance and directed to stop mining activities. And also
the court upheld that the "prior approval" from the Central Government is
necessary for granting or renewing mining licenses in forest area. Likewise in
various subsequent cases the court has taken affirmative step in protecting
forests in the light of Forest Conservation Act.
CASE LAW – Godavarman Thirumulkpad Vs. Union of India (1997(2)

S.C. 267)
The petitioner filed a petition through PIL and pleaded that

indiscriminate felling of trees in the forests would cause ecological
imbalance. Basing on this petition the Supreme Court issued directions that
all the ongoing activities within any forest without the permission of the
Central Government must be stopped forth with. And also directed that
running of sawmills and mining activities within the forests was also stopped.
Felling of trees in the state of Arunachal Pradesh shall be totally banned.
Movement of cut trees and timber from the Northeastern states to any other
state shall completely be banned. The court also ordered ministry of railways
shall have to file an affidavit giving full particulars including the extent of
wood consumed by them, the source of supply of wood and the steps taken
by them to find alternatives to wood.
CASE LAW – Tarun Bharat Singh Vs. Union of India (1992(2) S.C.C.
448)
The petitioner filed a petition through PIL in the Supreme Court

alleging that the government of Rajasthan is permitting the degradation of
the environment and threatening the habitat of wildlife by authorizing mining
operations in the reserved forest area. It was also declared as a sanctuary
under the Wild Life (Protection) Act, 1972. In order to protect the
environment and wild life the court directed that mining activities shall not
be carried on within the protected area.

CASE LAW – The Supreme Court Monitoring Committee Vs. Mussorie
Dehradun Development Authority (1997(1) S.C.C. 605)
The development authority had given certain permission for the

construction of the houses in the forestland. The petitioner challenged the
permission alleging that such constructions were against the forest Act 1980
as it was non-forest purpose. The court issued directions preventing such
constructions as it destroy the forest ecology.
(8) RIGHT OF ADIVASIS OR TRIBALS OVER FORESTS (RIGHT TO

LIVELIHOOD)
Adivasis or tribals are a primitive community who lives in forests as

their natural habitat. They have many traditional rights over forests. they
earn their livelihood from forests. They protected forests and forests
protected them. There is a symbiotic relationship between the tribals and
forests.
However, the Indian Forest Act, 1927 deprived the traditional and
natural rights of these tribals. Section 26 of the Act prevented them from
using reserved forests for felling trees, hunting, shooting, fishing, pasturing
cattle etc. Even the first forest policy of Independent India (91952 policy)
also does not show any sympathy towards them. United Nations Deebar
Commission in 1960 and Hari Singh Commission in 1965 challenged the
forest policy and made recommendations relating to rights of tribals. A
committee formed by the ministry of home affairs recommended for
recognition of tribals rights over forest. Finally, the 1988 forest policy
recognized the role of tribals in forest conservation and gave legal reconition
to their natural rights over forests.
The judiciary also has shown it's concern for the protection of rights of
the tribals and at the same time protected the forests and also allowed
development plans in forest area.
CASE LAW – Banwasi Sewa Ashram Vs. State of U.P. (AIR 1987 SC
374)
The Adivasis and other forest dwellers were using forests as their
habitat and means of livelihood. The government had decided to incorporate
a super thermal plant the NTPC in that forest area. The land acquisition
proceedings ousted the ADIVASIS from forestland. In this case the court
ordered rehabilitation measures for the evictees and also ordered for
provisional compensation to them for crops and land.
In the second Banwasi Seva Ashram case (1992(2) S.C. 204) the court
directed the NTPC to findout alternative plots, render resettlement and
subsistence allowance, give free transportation, reserve jobs and provide
facilities of road, water supply, health care and electricity.
Similarly in PRADEEP KRISHAN Vs. UNION OF INDIA and in ANIMAL

AND ENVIRONMENT LEGALDEFENCE FUND Vs. UNION OF INDIA (1997(3)
S.C.C. 549) The Supreme Court protected traditional rights of tribals over
forest and tried to balance the right to livelihood of tribals and the protection
of environment.
CHAP. (9) – ENVIRONMENT (PROTECTION) ACT, 1986
Q.1. What are the provisions in the Environment (Protection) Act,

1986 regarding prevention, control & abetment of
environmental pollution? (March-2006).
SYNOPSIS
(1) Introduction
(2) General Powers and Functions of the Central Govt. in relation to
Environmental Protection and Functions (Sec. 3 to 6)
(3) What are the various measures under the E.P. Act for
Prevention, Control and Abatement of Environment Pollution?
1. Power to appoint authority
2. Power to issue directions
3. Power to make rules (Sec. 6)
4. Restrictions on Discharge of Pollutants
5. Safeguards in dealing with dangerous substances
6. Information regarding accidental discharge of pollutants
7. Right to entry (Sec. 10)
8. Right to take samples (Sec. 11)
9. Establishment of Laboratory (Sec. 12)
(4) Guidelines
(5) Punishments (Sec. 15)
(6) Right to file a suit (Sec. 19)
(7) Conclusion
(1) Introduction
In order to meet the new challenges and rectify deficiencies in the

existing laws the Environment (Protection) Act, 1986 was enacted under
Article 253 of the Constitution. It is a general legislation governing all kinds
of pollution's including Noise pollution. Even the title of the Act specified the
change from the narrow concept of pollution control to the wider aspects of
environmental protection. Speedy response deterrent punishment are the
objects of the Act. The concentration of powers in the hands of the Central
Government is main feature of the Act. Rules regarding management of
hazardous substances are also laid down in the Act. It came into force on
19.11.1986.
(2) GENERAL POWERS AND FUNCTIONS OF THE CENTRAL

GOVERNMENT IN RELATION TO ENVIROMENTAL PROTECTION AND
FUNCTIONS (SEC. 3 TO 6)
Sec. 3(1) empowers the Central Government to take all such measures
which it deems necessary for the purpose of protecting and improving the
quality of the Environment and preventing, controlling and abating
environmental pollution. However, the Central Government can take
following measures for the purpose of the protecting environment U/Sec.
3(2).
1. Co-ordination of actions by the State Governments Officers and other

authorities under the Act.
2. Planning and executing of a Nationwide programme for the prevention,
control and abetment of environmental pollution.
3. Laying down standards for emission or discharge of environmental

pollutants from various sources.
4. It can impose restrictions on areas in which any industries shall not be

carried out or shall be carried out with certain safe guards.
5. It can impose restrictions on certain class of industries operations,

processes.
6. It can lay down producers and safe guards for the prevention of
accident which may cause environmental pollution and also remedial
measure for such accident.
7. It can lay down procedures and safe guards for the handling of
hazardous substance.
8. It can examine manufacturing processes materials and substances

which are likely to cause environmental pollution.
9. It can carry out or sponsor investigation and research relating to

problems of environmental pollution.
10. It can inspect any premises, plant, equipment, machinery,

manufacturing or other process materials or substances. In necessary cases
it can give direction by order to such authority officer to take steps for the
prevention, control and reduce environmental pollution.
11. It can establish or recognize environmental laboratories.
12. It can collect and disseminate information in respect of matters

relating to environmental pollution.
13. It can prepare manuals, codes, guides, relating to the prevention,

control and abatement of pollution.
In order to achieve the objectives laid down in Sec. 3(2) of the Act in
M.C. Mehta Vs. Union of India (AIR 1992 SC 382). The S.C. passed an
order giving the following directions.
1. All cinema halls shall exhibit slides containing information message on

Environment at free of cost.
2. Spreading of information regarding environment through T.V. and
Radio.
3. Environment should be made a compulsory subject in school and
colleges.
(3) WHAT ARE THE VARIOUS MEASURES UNDER THE E.P. ACT FOR
PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENT
POLLUTION?
In order to control and prevent pollution the E.P. Act laid down the
following measures.
1. Power to Appoint Authority
U/Sec. 3(3) Central Government is given very wide power to constitute

authorities to exercise powers and perform function laid down in Section
3(2). However this authority must function under the control and supervision
of the Central Government.
CASE LAW – F.B. Taraporawala Vs. Bayer India Ltd. (AIR 1987 SCC
1009)
The Supreme Court directed the Central Govt. to constitute an

Authority under Sec. 3(3) to examine the relocation of industrial and
residential areas to minimize risk to the people residing in the neighborhood
of industries in the light of Bhopal experience. The Court emphasizes that
risk cannot be taken by permitting chemical industries in the Residential
Area.
CASE LAW – VELLOR CITIZENS WELFARE FORUM Vs. UNION OF

INDIA (1996) 5 SCC 547)
The court held that the main purpose of E.P. Act is to create an
Authority under Sec. 3(3) with adequate powers. Emphasizing the need of an
Authority the Court ordered the Central Government to constitute an
Authority under the Act.
2. Power to Issue Directions
The Central Government can confer power on the Authority to issue

directions to close or regulate any industry. And also to stop or regulate
supply of electricity or water or any service (Sec. 5). P.M. BAKSHI
interpreted that the expression 'Any Service' may include activities like
Telephone or Gas Connection. However, this power provides immediate
recourse even without going to the Court.
3. Power to Make Rules (Sec. 6)
Central Govt. can make rules on matters referred in Sec. 3(2).
4. Restrictions on Discharge of Pollutants
Industries should not discharge any pollutants in excess of prescribed

standards (Sec. 7).
5. Safe Guards in dealing with dangerous substances
Persons handling hazardous substances must follow procedural safe

guards (Sec. 8).
6. Information regarding accidental discharge of pollutants
If the discharge of the pollutants exceeds the standards due to any

accident the in-charge of the industry shall intimate to authority. Then such
authorities must take necessary measures to prevent the pollution. The
expenses incurred can be recovered from the in-charge with interest (S. 9).

7. Right to Entry (Sec. 10)
With the authority of the Central Government any person can enter
into any place for the purpose of examining searching and seizing any
equipment, industry record, register or other material object. N.S. Chandra
Sekhar explained that under this Act seizer can be used for prevention and
mitigation of pollution. But under water Act seizure can be only for procuring
evidence so the E.P. Act confers a wider power in this regard.
8. Right to Take Samples (Sec. 11)
The Central Government or any officer authorized by it has power to

take samples of air, water, soil or other substances from any factory or
premises for the purpose of analysis. The result of the analysis is considered
as evidence, when the following conditions are fulfilled.
 Notice must be given to the occupier or his agent regarding that But
Prof. Rosancraz pointed out that the notice gives the polluter an
opportunity to reduce or crease discharge of pollutants at the time of
taking samples.
 Sample must be collected in the presence of the occupier or his agent.
 Sample must be divided into two parts and placed in two containers
and sealed and also shall be signed by the occupier or his agent and by
the officer.
 The sample in one contained must be sent to a laboratory recognized
by the
 State Board or the Central Board. The second container shall be sent
on the request of the occupier to a laboratory established by the
Central Government or State Government as the case may be.
However even after serving the notice if they occupier or his agent
willfully absent himself from that place or refused to sign on the container
the attending officer by fulfilling the above formalities shall inform in writing
to the Government analyst about the willful absence of the occupier or his
refusal to sign. The cost of analysis of the samples shall be paid by the
occupier. After analysis the laboratory submits report to the State Board in
triplicate. One copy is for the occupier the second copy is for the Board and
the third copy is retained by the Board to produce in the Court as Evidence.
(Sec. 27 of Air Act).
CASE LAW – Delhi Bottling Co. Pvt. Ltd. Vs. Central Board For the
Prevention And Control of Pollution
In this case the bottling company is discharging effluents into the river
Yamuna the sample taken by the Board is not divided into two parts. The
sample was analyzed only by the Boards laboratory. But it was not carried
out by the Delhi administrations laboratory as requested by the occupier.
The Court held that the process of taking sample was irregular and not
according to the provision of the Act so analysis report has no legal validity.
9. Establishment of Laboratory (Sec. 12)
The Central Government may by notification in the Gazette establish of

recognize one or more laboratories. Sec. 13 empowers the Central
Government to appoint or recognize analyst. whom it thinks fit with
qualification. However, the Supreme Court laid down guidelines in various
cases in order to prevent pollution.
(4) GUIDELINES:
1. The tanneries cannot be continued without treatment plant.

2. Multi storied construction should not allow their effluents and create
nuisance.
3. Dead bodies or half cremated bodies should not be thrown into the
river.
4. Open land should not be used for discharging filth and provisions
should be made for Public Latrines.
(5) PUNISHMENTS (SEC. 15)
Whoever fails to comply with or contravenes any provisions of this Act

shall be punishable with imprisonment for a term which may be extended for
5 years or with fine which may be extended to 1 lakh rupees or with both. If
the offence is continued even after the conviction punishment would be fine
upto 5 thousands rupees per day. If the failure continues beyond one year
after the conviction the punishment is enhanced to 7 years imprisonment.
Sec. 24(2) provides that where the offence is punishable under this Act
and also under any other Act then the offender shall be punished under other
Act and not under this Act. Prof. P.S. Jawal pointed out that this section
reduces the deterrent effect of enhanced punishment under E.P. Act and the
offender is saved with lesser punishment under the other Act. Moreover this
Act prescribes only maximum penalty and minimum penalty is not
mentioned 798. So there is a chance of escaping with lesser penalties,
though there is heavy punishments of imprisonment in this Act no person is
imprisoned so for. So it is compared with a barking dog that never bites or
cobra without venom in its fangs.
The Act emphasis criminal liability rather than civil liability. However
Dr. N.K. Charabarthi suggested that the traditional method of imprisonment
is not sufficient for the violation of environmental laws, so innovative
approaches such as compulsory requirement of compensatory arrangements,
ecological restitution, compulsory equity participation in the share capital of
the company by potential victims etc. have to be evolved. In the
contemporary enterprising world these suggestion are appropriate to protect
environment as they serve the double purpose of 'penal-redress'.
(6) RIGHT TO FILE A SUIT (SEC. 19)
The Court can allow the suit under the Act if complaint is made by the
following persons.
1. The Central Government.

2. by any officer or authority authorized by the Central Govt.
3. By any person who has given 60 days prior notice to the Central
Government or authority.

If during these 60 days the Government itself files a case or writes
back to the individual refusing to file complaint then the individual has no
right to file a suit. Even Boards cannot enforce the Act independently without
delegation of Power from Central Govt. This section discourages public
participation in the Enforcement of the E.P. Act. More over it gives an
opportunity to the polluting company to cover up their commissions or
omissions. So UPENDRA BAXI suggested that the requirement of 60 days
notice should be deleted altogether according to the provisions of the Act the
burden of proof is on the complainant individual. But in actual practice it is
not possible to an individual to prove cause of pollution and he has no
authority to collect samples. Shyam Diwan commented that it is an eye wash
provision.
(7) CONCLUSION
Though there are several stringent laws dealing with environment

there is no effective change in the environmental degradation. The main
reasons are ineffective enforcement of these laws, improper functioning of
authorities delay in judicial proceeding financials constraints cultural habits
and practices of people etc. There is a saying strict laws with ineffective
enforcement is worse than ineffective law with strict enforcement. So rather
than adopting volumes of laws it is better to strengthen the implementing
authorities by giving adequate power. Finally I suggest that the best
measure for protecting human Environment is the promotion of
environmental ethics in the people.
CASE LAW – BUFFALO TRADESR WELFARE ASSOCIATION Vs.

MENAKA GANDHI (1996 11 SCC 35)
Idgha slaughter house was located in the thickly populated place in

Delhi. More than three thousands buffaloes, cows, bulls were killed there per
day. The wastage material from the dead bodies was noxious and causing
pollution. The respondents submitted the writ petition praying the court to
shift the slaughter House from there. The Supreme Court ordered to shift the
Slaughter House. However, as there is no sufficient place for relocation the
slaughter was continued with the order of the Court until the alternative site
would be available. In the interest of public and to protect the environment
the Court allowed to continue the slaughter house at the same place on the
condition that the only Goats, Sheep’s and not large animals such as
buffaloes, cows, bulls not exceeding 2000 animals per day shall be permitted
to be slaughtered. And also directed the Municipal Corporation of Delhi to
arrange the necessary staff to clean the slaughter house every day and to
keep the environment clean.
CASE LAW–Dr.B.L.Wadehra Vs. Union of India (1996)(2) SCC 594
The Municipal Corporation of Delhi failed in disposing the garbage. The

city has become an open dustbin. The air is so much polluted and it has
become difficult to breath and people are suffering from respiratory diseases
and throat infections. The petitioners an advocate prayed the court to give
direction to the Municipal Corporation and Municipal Committee to perform
their statutory duties in the collection removal and disposal of garbage.

The Supreme Court directed the Municipal authorities to clean the city
every day and to the government to construct incinerators in all hospitals
with 50 beds under their control and also directed the Municipal authority to
issues notices to all private hospitals to make their own arrangements for
disposal of Hospital wastage. The Court ordered the Central pollution Control
Board and Delhi pollution committee for regular inspections and directed
Doordarshan to undertake programmes of educating the residents regarding
their civil duties.
CASE LAW – Indian Council Forenviro Legal Action Vs. Union of India
(1996) 3 SCC 212
Huge quantities of toxic sludge and pollution released from certain

chemical industries percolated into the earth and contaminated the
underground water flow. There by wells and streams in the nearby village
have turned dirty and rendering water unfit for human consumption. The soil
has become polluted rendering it unfit for cultivation. The villagers are
affected with diseases and deaths.
Under these circumstances the petitioners filed a writ petition under

Article 32 of the constitution to take remedial action. The court by declaring
the principle of 'polluter pays' made the industries liable. The court ordered
the Central Government to determine the amount required for carrying out
the remedial action like removing sludge laying in surrounding villages. The
court directed the Rajasthan pollution Control Board to seal al factories and
units. And also ordered for attachment of factories machineries and other
immovable property to realize the amount required for remedial measures.
The ministry of Environment and Forests, Government of India shall take all
necessary actions and remedial measures and to restore the soil, water
sources and environment of the affected area to its former state. The Central
Government and pollution Board shall file quarterly reports before Court
regarding implementation of the above said directions.

CHAP. (10) – THE WILDLIFE (PROTECTION) ACT, 1972
Q.1. Explain the provisions regarding sanctuaries, national parks

and closed are under Wildlife (Protection) Act, 1972?
SYNOPSIS
1. Introduction
2. Object of this Act
3. Provisions regarding sanctuaries (Sec. 18-34)
a. Declaration of Sanctuary (Sec. 18)
b. Role of Collector
c. Restriction on Entry in sanctuary (Sec. 27)
d. Obligation on persons residing in sanctuary
e. Grant of Permit (Sec. 28)
f. Destruction etc. in a sanctuary prohibited without permit
(Sec.29)
g. Other Prohibition
h. Control of Sanctuary (Sec. 33)
i. Registration of persons in possession of arms (Sec. 34)
4. Provisions regarding National Parks (Sec. 35)
5. Provisions regarding Game reserves
6. Provisions for closed area
7. Power of Central Government to declare the area as a sanctuary
or national park.
8. Penalties (Sec. 51)
9. Conclusion.
From ancient period the hunting of animals, birds etc. was carried out.
In ancient period hunting was done for only enjoyment purpose. But later
human being knows the economical value of the organs of wild animals and
he continuously killed the wild animals. The wild animals mostly tiger,
elephant, deer, rhinoceros, etc. are killed for their valuable skin, flesh,
teeth's, bones, horns etc. The market price of tigers body parts is more than
25 lacks. So the hunter mostly hunts the tiger and other wild animals for
their persons gain. Due to that the wild animals like these are vanishing very
fastly from forest. Thus the environmental cycle get disturbed and it affects
on forest, wildlife as well as on environment. To protect the wildlife and
environment the wildlife (Protection) Act, 1972 is enacted.
(2) Object of this Act : -
The Indian parliament passes a comprehensive national law in 1972

i.e. The Wildlife (Protection) Act, 1972. The main aim of this Act is to protect
wildlife, birds, and protect, preserve the ecological and environmental
security of the nation. Under the aim it is not only to prohibit the hunting but
also to create protected areas and control trade of wild life products. It also
protects habitats of wild animals and for protection national parks and
sanctuaries have been established.

For better implementation of the object of this Act in 2002 the
amendment has been takes place in this Act and a new chapter has been
incorporated to deal with the forfeiture of property derived from illegal
hunting and trade.
(3) Provisions for Sanctuaries (Sec. 18 to 34)
a. Declaration of Sanctuary (Sec. 18) : -
The state government may by notification in official gazette declare

any area as a sanctuary if it considers that such area is of adequate
ecological, faunal, floral, geomorphological, natural or zoological significance
for the purpose of protecting, propagating or developing wildlife or its
environment.
b. Role of Collector : -
i. When notification has been issued the collector shall make inquiry
about any rights of the persons within the limits of sanctuary (Sec. 19).
ii. After notification no rights shall be acquired in, on or over land

mentioned in notification except succession testamentary or intestate (Sec.
20).
iii. After issuing notification collector shall publish proclamation in which

he describe the limits i.e. the boundaries of sanctuary and also give time to
people who have any right on such land by anyway to claim within two
months from the date of such proclamation (Sec. 21).
iv. If any claim arises, the collector should make inquiry about the any
rights claimed in the case and ascertain the same from records of state
government (Sec. 22).
v. For the purpose of inquiry the collector has a power to enter in or upon
any land to survey, demarked and makes a map of the same or to authorize
any other officer to do so. The collector have the powers as of civil courts for
the trials of suits (Sec. 23).
vi. If the collector admits the claim then he excluded such land from the
limits of sanctuaries but if rejects the claims whole of in part then he
proceeds to acquire such land under the section 25 of this Act (Sec. 24).
vii. The acquisition proceeding shall be the same as under the Land
Acquisition Act, 1894 (Sec. 25).
viii. The state Government may by general or special order delegate the
collectors power to such other officer as may be specified in order (Sec. 26).
ix. After notification and period for claiming has elapsed and all claims in
relation to sanctuary have been disposed of by state Government. The state
Government shall issue a notification specifying the limits of that area of
sanctuary and declare that the said are shall be a sanctuary on and from
such date as may be specified in the notification (Sec. 26-A).

c. Restriction on Entry in Sanctuary (Sec. 27) : -
Only public servants on duty, persons permitted to reside within the

limits of sanctuary, person having a right in immovable property within the
limits of sanctuary, a person passing through the sanctuary along a public
highway or the dependents of the person referred to above clause can enter
or reside in the sanctuary.
d. Obligation on persons residing in sanctuary : -
The person residing in sanctuary has the following obligation.

- Prevent the commission of an offence within sanctuary under this Act.
- Helps in discovering and arresting the offenders who commits the
crime.
- To report the death of any wild animals and to safeguard its remains
until the authorized officer takes charge of it.
- To prevent the fire by lawful means.
- To assist the forest officer for preventing the commission of any
offence against this Act.
e. Grant of Permit (Sec. 28) : -
The chief wild life warden may on application grant to any person a
permit to enter or reside in a sanctuary for investigation or study of wild life,
for photography, for scientific research, tourism, transaction of lawful
business with any person residing in sanctuary.
f. Destruction etc. in a sanctuary prohibited without permit (Sec. 29)
No person shall destroy exploit or remove any wildlife from a sanctuary

or destroy or damage the habitat of any wild animal or deprive any wild
animals of its habitat with in such sanctuary except permission granted by
the Chie wild life warden. And such permission is given only if there is
necessity for the improvement and better management of wild life.
g. Other Prohibition : -
U/Sec. 30 no person shall set fire to a sanctuary or leave any fire

burning in a sanctuary in such a manner as to endanger such sanctuary.
U/Sec. 31 no person shall enter a sanctuary with any weapon except

previous permission in writing.
U/Sec. 32 no person shall use chemicals, explosives or any other

substances which may cause injury or endanger any wild life in a sanctuary.
U/Sec. 33-A no person shall take or cause to be taken or grazed any

live stock in a sanctuary without getting it immunized.
h. Control of Sanctuary (Sec. 33) : -
The chief wild life warden shall be the authority who shall control,
manage and maintain all sanctuaries under which he may construct roads,
bridges buildings fences gates or he shall take such steps for ensuring

security and preservation of sanctuary and wild life therein or he take such
measures for improvement of habitat of wild life.
i. Registration of persons in possession of arms (Sec. 34) : -
When any area declared as a sanctuary then every person residing in

or within 10 km of such sanctuary and holding a license granted under the
Arms Act 1959 to possess arms shall apply within 3 months of declaration of
sanctuary for registration.
(4) Provisions Regarding National Parks : -
When it appears to the state Government that an area within a

sanctuary or not is consist of ecological, faunal, floral geomorphologies or
zoological association or importance needed to be constituted as a National
Park for better protection, propagation, or development of a wild life and its
environment then the concern state government may by notification in
official gazette declare such area as National Park.
While declaring any area as a National Park the procedure adopted is

same as like to declaration of sanctuaries.
a. Boundaries of National Parks : -
The state government declares the boundaries in notification and no

alternation of such boundaries of national park is allowed except on
resolution passed by the legislature of state.
b. Without any necessity for improvement and better management of wild

life and also without any prior permission of chief wildlife warden no
person shall destroy, exploit, or remove any wildlife from national park or
destroy or damage the habitat of any wild animal.
c. Grazing and entry of any live stock shall not be allowed in notional park
except such live stock is used as a vehicle by a person authorized to
enter.
d. No person shall set fire or use weapons explosives chemicals which may
endanger the life of wild animals.
(5) Provisions for Game Reserves (Sec. 36) : -
The state government may be notification in official gazette declares

any are to be game reserves and no hunting is allowed in such area without
license issued by the chief wild life warden or authorized officer.
But this Section 36 is now omitted by Act 44 of 1991.
(6) Provision for closed area (Sec. 37) : -
The stage government may notification in official gazette declare any

area closed to hunting for such period as may be specified in the notification
and no hunting of any wild animals shall be permitted in a closed area during
such period.

(7) Power of Central Government to declare Sanctuaries or national
parks (Sec. 38) : -
The Central Government has power to declare a area which is in its

possession as a sanctuary or national park if it satisfied that all conditions
are fulfilled.
When Central Government declares any area as a sanctuary or national

park then all powers and duties of the chief wild life warden shall be
exercised by the Director or other officer as may be authorized by Director
and all the references under this Act to the State Government shall be
supposed as to the central Government.
(8) Penalties (Sec. 51) : -
Any person who contravene any provisions of this Act or any rule of
order made there under or who commits a breach of any of the conditions of
any license or permit granted under this Act shall be guilty of an offence
against this Act and be punished with imprisonment for a term which may
extend to 3 years and fine which may extend to 25,000/- or with both.
CASE LAW – Pradeep Krishana Vs. Union of India (AIR 1996 SC 599)
In this case SC declared that the state and the citizens U/Art. 48-A
and 51-A(g) respectively are obliged to protect and improve the natural
environment and to safeguard the forest and wildlife of country. Therefore
for acquiring national park and sanctuary the state government has to follow
the procedure as provided in Wildlife Protection Act, 1972. The state has to
make notification of final acquisition of land before prohibition of entry of
villagers in national park and also to institute an inquiry for those who claim
a right in or over any land proposed to be included in national park and
sanctuary till such procedure is completed the state government cannot bar
the entry of villagers or tribal's into the proposed area.
(9) Conclusion : -
The Wild Life Protection Act, 1972 is such step which can save our
planet from pollution also. Under this Act we can also save the origins of wild
animals, plants, birds etc. due to interference and illegal hunting some
animals are on the way of vanish/darkness. So due to formation of protected
areas national parks sanctuaries we can save the wild life and their habitat
along with environment.

CHAP. (11) – PROVISIONS REGARDING TRADE OR COMMERCE
IN WILD ANIMALS, ANIMALS ARTCILES & TROPHIES
Q.1. Discuss the provisions regarding Trade or Commerce in wild

animals, animal's articles and trophies?
SYNOPSIS
(1) Introduction
(2) Object of this Act
(3) Meaning of some terms
a. Animals
b. Wild Animals
c. Animal Articles
d. Meat
e. Trophy
(4) Wild animals etc. be Government Property (Sec. 39)
(5) Declaration for possession of Government property (Sec.40)
(6) Certificate of ownership (Sec. 42)
(7) Regulation of Transfer of Animals etc. (Sec. 43)
(8) Dealing in Trophy and Animal Articles without license
prohibited (Sec. 44)
(9) Maintenance of Record (Sec. 47)
(10) Purchase of Animal etc. by license (Sec. 48)
(11) Restriction on Transportation (Sec.48-A)
(12) Purchase of captive Animals etc. by a person other than license
(Sec. 49)
(13) Conclusion
From ancient period the hunting of animals, a bird etc. was carried out.
In ancient period hunting was done for only enjoyment purpose. But later
human being knows the economical value of the organs of wild animals and
he continuously killed the wild animals. The wild animals mostly tiger,
elephant, deer, rhinoceros, etc. are killed for their valuable skin, flesh,
teeth's, bones, horns etc. The market price of tigers body parts is more than
25 lacks. So the hunter mostly hunts the tiger and other wild animals for
their persons gain. Due to that the wild animals like these are vanishing very
fastly from forest. Thus the environmental cycle get disturbed and it affects
on forest, wildlife as well as on environment. To protect the wildlife and
environment the wildlife (Protection) Act, 1972 is enacted.
(2) Object of this Act : -
The Indian parliament passes a comprehensive national law in 1972

wildlife, birds, and protect, preserve the ecological and environmental
security of the nation. Under the aim it is not only to prohibit the hunting but
also to create protected areas and control trade of wild life products. It also
protects habitats of wild animals and for protection national parks and
sanctuaries have been established.

hunting and trade.
(3) Meaning of Some Terms : -
a. Animals : -
Animals include amphibians, birds, mammals and reptiles and their

young and also include in the case of birds and reptiles their eggs.
b. Wild Animals : -
Wild animal's means any animal found wild in nature and includes any
animals specified in Sch. I to V.
c. Animal Articles : -
Means an article made from any captive animal or wild animal other
than vermin and includes an article or object in which the whole or any part
of such animal has been used.
d. Meat : -
It includes blood, bones, sinew, eggs, fat, and flesh whether raw or
cooked or any other wild animal other than vermin.
e. Trophy : -
Trophy means the whole or any part of any captive animal or a wild
animal other than vermin which has been kept of preserved by artificial or
natural means and includes rugs, skins and specimens of such animals
mounted in whole or in part through process of taxidermy and antler, horn,
hairs, feather, nail, tooth, musk, eggs and flesh.
(4) Wild animals etc. be Government Property (Sec. 39):-
Every wild animal other than vermin hunted in sanctuaries or national

park and every animal, animal articles, trophy or uncured trophy or meat
derived from such animals or vehicles, weapons, trap, vessel or tool that has
been used for committing an offence and has been seized under the
provision of this Act shall be the property of state Government.
If such hunting is done in sanctuary or national park declared by

central government then it shall be property of central government.
No person shall keep in possession such government property without

license. If anyone obtains such government property shall within 48 hours
from obtaining of such property makes a report to nearest police station and
hand over it to them.

(5) Declaration for possession of Government Property (Sec. 40) : -
If any person has such government property at the commencement of

this Act then he shall within 30 days from commencement of this Act declare
to the chief wild life warden the number and description of animals or
articles.
U/Sec. 41 on receipt of such declaration the chief wild life warden

makes inquiry by entering in that premised and prepares inventories or list
of animal articles, trophies, skin etc. and affix a indemnification mark on
such listed articles.
(6) Certificate of Ownership (Sec. 42) : -
When the chief wild life warden satisfied and fulfills all conditions then he
issued a ownership certificate to the person who has a lawful possession of
any wild animal or animal article, trophy etc.
(7) Regulation of Transfer of Animals etc. (Sec. 43) : -
a. The person having no certificate of ownership shall not sale or offer

to sale or transfer by way of gift or make animal articles or trophy and sale
to any other person.
b. The person having certificate of ownership can make transfer or

transport of such animal, article, trophy uncured trophy to other person
having certificate or out of state. But he shall within 30 days of such transfer
or transport report such transfer or transport to chief wild life warden within
whose jurisdiction the transfer or transport is affected. And after inquiring a
chief wild life warden shall issue a fresh a ownership certificate in the name
of person to whom the transfer has been effected.
(8) Dealing in Trophy and Animal Articles without license prohibited

(Sec. 44) : -
No person shall without license commerce or carry on business as a

manufacturer or dealer of any animal article or as a taxidermist of dealer in
trophy or uncured trophy or dealer in captive animal or dealer in meat or
cook or serve meat in any eating house or drive, collect or prepare or deal in
snake venom.
But if any person was carrying a business or occupation before the

commencement of this Act shall have to apply for taking license within 30
days from commencement of this Act. It means from commencement of this
Act within 30 days he have to apply for license and he may carry his
business until the grant or rejection of license is informed in writing to him
by chief wild life warden.
(9) Maintenance of Record (Sec. 47) : -
A license must keep records and submits such details of his dealings to
the director or any other officer authorized by him or to the chief wild life
warden. He shall make such records available on demand for inspection by
such officer.

(10) Purchase of Animal etc. by license (Sec. 48) : -
a. No licensee shall keep in his control, custody or possession any

animal, animal article, trophy or uncured trophy, meat which has not been
lawfully acquired without any certificate.
b. No licensee shall capture any wild animal or acquire, receive, keep

in his custody or possession or sell or offer for sale or transport any captive
animal or any animal article, trophy, uncured trophy or meat there from or
serve such meat or put under a process or taxidermy without any certificate
or such rules made under this Act.
(11) Restriction on Transportation (Sec. 48-A) : -
Without permission of chief wild life warden or any other officer

authorized by state government no person shall accept any wild animals
other than vermin or any animal article or any specified plant or part or
derivative thereof for transportation.
(12) Purchase of Captive Animals etc. by a person other than license

(Sec. 49) : -
No person shall purchase, receive or acquire any captive animal, wild

animal other than vermin or any animal article, trophy, uncured trophy or
meat derived there from otherwise than from a dealer or from a person
authorized to sell or transfer the same under this Act.
(13) Conclusion : -

CHAP. (12) – PREVENTION & DETENTION OF OFFENCES
UNDER THE WILD LIFE PROTECTION ACT, 1972
Q.1. Provision for prevention and detention of offences under The

Wildlife Protection Act, 1972?
SYNOPSIS
(1) Introduction
(2) Object of Act
(3) Power of entry, search, arrest and detention (Sec. 50)
(4) Penalties (Sec. 51)
(5) Attempts and Abetment (Sec. 52)
(6) Punishment for wrongful seizure (Sec. 53)
(7) Powers to compound the offences (Sec. 54)
(8) Cognizance of offences (Sec. 55)
(9) Operation of other laws not barred (Sec. 56)
(10) Presumption to be made in certain cases (Sec. 57)
(11) Offences by companies (Sec. 58)
(12) Forfeiture of property derived from illegal hunting and trade
(Sec. 58-A)
(13) Conclusion
(1) Introduction
The protection of wild life is included in the Directive Principle of State

Policy under 42nd Constitutional Amendment Act, 1976. It is also a
Fundamental duty of every citizen to protect the natural environment
including river, lakes and wild life. Wild life forms part of our cultural
heritage due to that we have an obligation to preserve it. In the Wild Life
Protection Act, 1972 under Chapter VI the legislative body try to protect the
wild life by including the provision of prevention and detention of offences
which occurred against wild life.
(2) Object of Act
The Indian Parliament passes a comprehensive national law in 1972

wildlife, birds, plants and the matters connected thereto. With view to ensure
and protect, preserve the ecological and environmental security of the
nation. Under the aim it is not only to prohibit the hunting but also to create
protected areas and control trade of wild life products. It also protects
habitats of wild animals and for protection national parks and sanctuaries
have been established.

hunting and trade.

(3) Power of entry, search, arrest and detention (S.50)
a. The director or any other officer authorized by him or the chief wild life
warden or the officer authorized by him or a person not below the rank
of PSI has power to enter, search and arrest the person who is guilty
under this Act.
b. These officers shall stop vehicle or vessel in order to conduct search or

inquiry.
c. They also seize any captive animal, wild animals, articles, trophy, meat
or any trap, tool, vehicle, weapons used for committing crimes.
d. The officers may stop and detain those persons to whom he sees doing
any act for which license or permit is necessary. If such license is not
available with him then officer can arrest that person without warrant.
e. If any person detained or thing seized and he is fails to produce a

license then he is guilty of offence under this Act.
f. Any officer not below the rank of an Assistant Director of wild life
preservation or wild life warden shall have the powers under this Act to
issue a search warrant.
- to enforce attendance of witness.
- to compel the discovery and production of documents and material

objects.
- to receive and record evidence.
g. Such received and recorded evidence should be admissible in any

subsequent trial before Magistrate.
(4) Penalties (Sec. 51)
a. Any person who contravenes the provisions of this Act or any rule or
order made there under or who commit a breach of any of the
conditions of any license or permit granted under this Act shall be the
guilty of an offence and on conviction punished with imprisonment for
a term extends to 3 years or fine extends to 25,000/- or with both.
For subsequent offence the imprisonment extends to 6 years and shall

not less than 2 years and the amount of fine shall not be less than
10,000/-.
b. When any person is convicted of an offence against this Act, while

trying the offence court ordered than any captive animal, wild animal,
articles, trophy in respect of which the offence has been committed or
vehicles, traps, tools, weapons used in commission of offence be
forfeited to the state government any license of permit if granted to
such person be cancelled and such cancellation of license or permit or
such forfeiture shall be in addition to any other punishment that may
be awarded.

c. If any person having a license granted under Arms Act, 1959 with
which offence against Act has been committed and he is convicted then
the license shall be cancelled for five years from the date of conviction.
(5) Attempts and Abetment (Sec. 52)
Whoever attempts to contravene or abets the contravention of any of

the provision or rule or order made there under of this Act shall be deemed
to have contravened that provision or rule or order as case may be.
(6) Punishment for wrongful seizure (Sec. 53)
If any authorized person exercising powers under this Act has

vexatiously and unnecessarily seized the property of any other person by
pretending that he seizes the property U/Sec. 50 of this Act then on
conviction he may be punished with imprisonment extends to six months and
fine extends to 500/- or with both.
(7) Powers to compound the offences (Sec. 54)
a. The central government may by notification empower the Director or

wild life preservation or any other office and state government or any
office of rant not inferior to that of Deputy conservator of forest to
accept the payment of a sum of money by way of composition of the
offence from the person against whom a reasonable suspicion exist.
b. On payment of such money or such value or both to such officer the

suspected person shall be discharged if he is in custody and the
property other than government property if any seized shall be
released and there is no further proceeding in respect of offence shall
be taken.
c. When punishment for offences for which punishment is of minimum 3

years imprisonment then such offence shall not be compoundable.
(8) Cognizance of Offences (Sec. 55)
The court shall take cognizance of any offence against this Act only at
that time when the complaint is made by Director of wild life preservation or
any other office authorized by central government or the chief wild life
warden or any other authorized officer by state government or any person
who has given notice of the alleged offence not less than 60 days with his
intention to make a complaint to central government or state government or
officer authorized thereof.
(9) Operation of other laws not barred (sec. 56)
If the offence committed by any other person against this Act and that
offence is also punishable in other laws then the offender shall convicted and
prosecuted under other law which imposed the higher punishment or penalty
than that provided by this Act.

(10) Presumption to be made in certain cases (S. 57)
When any captive animals, articles, trophy, meat specified plant etc.
found in the custody and possession of any person then he shall presumed
as an accused and possessed that animals, trophy they unlawfully unless a
contrary is proved. The burden of proof is lies on the accused.
(11) Offences by companies (Sec. 58)
Where an offence against this Act has been committed by a company,

every person who at the time of offence was committed was in charge of an
was responsible for the conduct of business of company shall be guilty of the
offence and shall be liable to be proceeded against and punished accordingly.
(12) Forfeiture of property derived from illegal hunting and trade

(Sec. 58-A)
The Wild Life (Protection) Amendment Act, 2002 had been

incorporated a new chapter in Act which gives wide powers to forfeit the
property derived from illegal hunting and trade.
According to this new chapter if any person, associate of persons or

trust acquires property from illegal hunting or trade of wild life then it shall
be forfeited to state government by competent authority. This property
forfeited only after taking all necessary steps like inquiry, investigation or
survey in respect of any person, place, property, document etc. and after
tracing and identifying any such property.
(13) Conclusion

CHAP. (13) – WATER (PREVENTION AND CONTROL OF POLLUTION)
ACT, 1974
Q.1. Explain the penalties and procedure laid down in Water

(Prevention and Control of Pollution) Act, 1974.
SYNOPSIS
(1) Introduction
(2) Object of Act
(3) Provisions of penalties and procedure
a. Penalty for not complying direction (Sec. 20 to 41)
b. Penalty for certain acts (Sec. 42)
c. Penalty for contravention of provision (Sec. 24 to 43)
d. Penalty for contravention (Sec. 25, 26 to 44)
e. Enhanced penalty after previous conviction (Sec. 45)
f. Penalty for contravention of certain provisions of Act
(Sec.45-A)
g. Publication of name of offender (Sec. 46)
h. Offences by companies (Sec. 47)
i. Offences by Govt. Departments (Sec. 48)
j. Cognizance of Offences (Sec. 49)
(4) Conclusion
(1) Introduction
Water is having very much importance in human life as well as in

environment. But as industrialization and urbanization takes place peoples
starts to get pollute water and its resources to protect and preserve water
sources the legislature enacted this Act and provides punishments for the
persons who contravenes the provisions of this Act and try to avoid the
pollution.
(2) Object of Act
Along with prevention and control of water pollution this Act also
provides the penalties to the person who contravenes provisions under this
Act. And by penalizing try to reduce, control the water pollution.
(3) Provisions of Penalties and Procedure
a. Penalty for not complying directions U/Sec. 20 to Sec. 41
As per Sec. 41 if any person fails to comply with directions U/Sec.

20(2) i.e. furnishing information about abstracting water from stream in
large quantity and the direction U/Sec. 20(3) i.e. information of
establishment then he may liable to punishment of imprisonment which may
extends to 3 months and fine extends to 10,000/- or with both and in
subsequent offence fine may extends to 5,000/- Rs. per day.
If any order may passé by the court or board U/Sec. 32 and 33-A for
prevention and control of water pollution like.

- Order of prohibition from discharging poisonous or noxious pollutants
in stream or other water resources U/Sec. 32-1-C.
- Order of court for prohibition from discharging poisonous or noxious

pollutants in steams etc. 32(2) and
- Direction of closure of processes or stopping supply of services U/Sec.

33(A).
And any person against whom above orders are passed fails to comply
with any of these order shall be liable for imprisonment for one year and six
months which extends to 6 years and with fine and in continuous failure
additional fine of Rs.5000/- per day and if such failure continuous even after
first conviction then imprisonment is of 2 years which may extends to 7
years.
b. Penalty for certain acts (Sec. 42)
If any person is found to be guilty of following acts like –
- Destroy, pull down, removes, injures, or defaces any pillar, post or

stake fixed in the ground or any notice placed by or under the authority of
the Board.
- Obstructs any person from doing or performing orders or directions of

the Board.
- Damage any work or property of the Board.
- Fails to furnish information required by any officer of Board.
- Fails to intimate the accident to the authority.
Shall be punishable with imprisonment which extends to 3 months or

with fine which extends to 10,000/- or with both.
c. Penalty for contravention of provision of Sec. 24 to Sec. 43
Whoever contravenes, the provisions of Sec. 24 i.e. causing or

permitting poisonous, noxious and polluting matters etc. directly or indirectly
entering into stream or other water resources shall be punishable with
imprisonment for a term not less than 1 year and six months which extends
to 6 years and with fine.
d. Penalty for contravention of Sec. 25 or 26 to Sec. 44
Sec. 25 restrict a new outlet and new discharge without previous

consent of State Board and
Sec. 26 states about, the permission is necessary for existing outlets

immediate after the commencement of this Act for discharging sewage or
trade effluent.

If any person contravenes these provisions of Sec. 25 and 26 shall be
punishable with imprisonment not less than 1 year and six months and
extends to 6 years and with fine.
e. Enhanced penalty after previous conviction (Sec. 45)
If any person has been convicted of any offence U/Sec. 24, 25, 26 and
is again found guilty of an offence shall be on second and on every
subsequent conviction punishable with imprisonment for a term which not
less than 1 year and six months and extends to 6 years with fine.
f. Penalty for contravention of certain provisions of Act (Sec. 45(A)
If there is no any penalty has been provided to any of the provisions of

this Act and any person contravenes any of this provision shall be liable for
punishment with imprisonment which extends to 3 months and with fine and
on subsequent offences additional fine of Rs. 5000/- for every day should be
imposed.
g. Publication of name of offender (Sec. 46)
If any person commits a same crime even after conviction and on

second and subsequent conviction court when deems fit is may publish the
name, residence, the offence, and penalty imposed on accused in any news
paper and the publication charges should be recovered from accused in the
same manner as a fine.
h. Offences by companies (Sec. 47)
When an offence under this Act has been committed by a company

every person who at the time of offence was committed was incharge of and
was responsible to the company for conduct of business of company as well
as the company shall be deemed to be guilty of an offence and shall be liable
to proceeded and punished accordingly.
If the person in charge of company is liable to any punishment. If he

proves that the offences was committed without his knowledge or he
exercised all due diligence to prevent the commission of such offence then
only he is not liable for any punishment.
i. Offences by Govt. Departments (Sec. 48)
When an offence under this Act has been committed any Department
of Government, the Head of Department shall be deemed to be guilty of
offence and shall be liable to be proceeded against and punished accordingly.
The Head of Department of Government cannot be held guilty of the

offence which was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
j. Cognizance of Offences (Sec. 49)
No court shall take cognizance of any offence under this Act except a
complaint made by a Board or any officer authorized or any person who has

given notice of not less than 60 days in manner prescribed of the alleged
offences and of the his intention to make a complaint to the Board or
authorized officer.
The court inferior to that of Metropolitan Magistrate or J.M.F.C. shall

not try any offence punishable under this Act.
CASE LAW – M.C. Mehta Vs. Union of India (AIR 1988 SC 1037), (AIR
1988 SC 1115), (AIR 1988-1 SCC 471) (GANGA POLLUTION CASE)
Ganga pollution cases are the most important water pollution case in
India. The environmentalist, activist advocate in 1985 by way of PIL filed a
writ petition U/A 32 of Constitution for issuing or direction Kanpur
Municipality to restrain itself from discharging waste water in to the river
Ganga and also to tanneries to stop polluting river.
Brief Facts of the Case
The water of Ganga was highly toxic near Kanpur city because of
tanneries at Jajmau near Kasnpur. Some of tanneries discharge the effluent
firstly in municipal sewar and not directly in rivers. The other tanneries were
also discharging sewage effluent and sludge by nine nallahas into the river.
As the Ganga is a holy river many dead bodies were thrown or half burn
bodies released into river Ganga and the contents of iron, manganese were
increased very high form the ISI limits of river water. The B.O.D. (Bio-
Oxygen Demand) and C.O.D. (Chemical Oxygen Demand) were found very
high than that of prescribed limits. The tanneries effluents are ten times
more noxious than domestic sewage. The research centre also reported that
pollution of the water in river Ganga was the highest degree at Kanpur.
About 274.50 million liters of sewage were being discharged into the rive a
day from city of Kanpur which is the highest in state of U.P. after city of
Calcutta. Calcutta city discharges 580.17 million liters of sewage per day in
rive Ganga. Due to that the health f peoples from Kanpur city were comes in
danger. The drinking water is also not available from river, the protable
ground water also get polluted and aquatic life is also comes in danger due
to such pollution.
(4) Conclusion

CHAP. (14) – SUSTAINABLE DEVELOPMENT
SYNOPSIS
(1) Introduction
(2) Definition and Meaning of Sustainable Development
(3) Object of Sustainable Development
(4) Sailent Features/Principles of Sustainable Development
a. Inter Generation Equity
b. Use and Conservation of natural resources
c. Environmental Protection
d. The Precautionary Principle
e. Polluter pays principle
f. Obligation to assist and co-operate
g. Eradication of Poverty
h. Financial Assistance to developing countries
(5) Dimensions of Sustainable Developments
(6) Sustainable Development and Judiciary
(7) Conclusion
Generally development means a new stage in a changing situation or

positive change in a particular factor. Today the whole world goes behind the
development. Today India is a developing country or America is a developed
country. But here a question arises whether this development is a
development or not. In which dimension this development is formed.
Because developed countries are only for their economic ratio which includes
the businesses, industries or researches but which not includes the effects of
these points on environment. This development is occurred by giving
sacrifice of environment only.
So we can say that it is a development on one hand with causing

damages to environment and society on other hand. Thus to develop country
as well as environment the concept of sustainable development arises.
(2) Definition and Meaning of Sustainable Development:-
The world commission on Environment and development established

by UN General Assembly in December 1983 defined sustainable
development.
"Sustainable development means to development which meets the

needs and aspiration of the present generation without compromising the
ability of the future generation to meet their needs and aspiration."
Sustainable development means such type of development of a

particular factor which fulfills the needs of present generation and also
capable of fulfilling the needs of future generation.
In point of view of environment we can make development by

increasing industries, making researches but without damaging the

environment and its resources. Thus while making development we have to
protect and preserve the environment also.
(3) Object of Sustainable Development : -
Following are the objects of sustainable development.
a. To follow such path of development which does not impair or damage

the protective ecological cover provides by nature to mankind.
b. To use the renewable natural resources in such way that their rate of
regeneration is always more to their rate of use.
c. To use the non renewable resources in responsible manner and try to
find substitute to them.
(4) Salient Feature/Principle of Sustainable Development : -
Following are principles are seen in the concept of sustainable

development.
a. Inter Generation Equity : -
The definition of sustainable development itself says that it is the

development which kept in view the needs and aspiration of both i.e. present
as well as future generation. It means whatever the present generation gets
the benefit by using the natural resources of environment. It is the liability of
present generation to keep such natural resources in good condition for the
future generation. Thus the both generation i.e. present generation and
future generation have equal status and equal rights to enjoy a development
with protected and preserved environment. Hence principles of inter
generational equity is embodies in the concept of sustainable development.
b. Use and Conservation of natural resources : -
By following the concept of sustainable development one can use the

natural resources carefully and conserves it carefully and enhances its
quality and life to meet the needs of growing population and next
generation.
c. Environmental Protection : -
The another principles states that without adequate environmental

protection development is undeterminable and without development
environmental resources shall not be adequate.
d. The Precautionary Principle : -
At first time the S.C. used the principle i.e. precautionary principle in
case of Indian Council for Legal action Vs. Union of India. Basically
precautionary principle is a rule of evidence and particularly it deals with the
burden of proof in environment cases. This principle shifts the burden of
proof on polluter i.e. industrialist individual etc. to prove that his activity,
industry, process, operation is not a health hazard, damaging the
environment. Thus the main purpose of this principle is to prevent any
activity which poses threat or adversely affects the environment.

e. Polluter Pays Principle : -
According to these principles the responsibility to repair the

environmental damages is lies on polluter. In Indian Council for Enviro
Legal Action Vs. Union of India, the Polluter Pays Principle was explained
as under.
"Once the activity carried on is hazardous or inherently dangerous the

person carrying on such activity is liable to make the loss caused to any
other person by his activity irrespective of fact whether he took reasonable
care while carrying on his activity.
- The polluting industry is absolutely liable to compensate for harm

caused to the environment.
- He is also liable to pay the cost of restoring the environmental

degradation i.e. reversing the damaged ecology.
Thus this principle becomes 'absolute liability' for harm to the

environment and becomes a part of sustainable development.
f. Obligation to assist and co-operate : -
Environment pollution is not a problem of single class, community,

state or country it is a global problem. No any single country can prevent the
environmental pollution. Thus to prevent environment pollution there is
necessity of assistant and co-operation between all states and countries.
g. Eradication of Poverty : -
Poverty is one of the most important causes of environmental

pollution. It reduces the capacity of people to use the natural resources in
suitable manner. In environmental pollution poverty plays a important role.
The person below poverty line does not think about environment and try to
degrade the environment and from that the development is also not done
and the environmental degradation is also rapidly done. Thus sustainable
development includes the programs like eradication of poverty.
h. Financial Assistance to developing countries : -
It is observed that the developing countries exploit natural resources in

huge level to meet their basic needs. The developing countries also not in
position that to use modern technologies as to achieve sustainable
development only due to poor financial condition. So it is very essential to
assist the developing countries by making finance and providing modern
technologies from developed countries.
(5) Dimensions of sustainable developments : -
In various fields there is necessity or urgency of sustainable

development. The various fields includes geography of earth, biological
equilibrium, ecological balance, in demographic filed. Thus when in all these
areas sustainable development is done then and then only environment
should be protected from pollution and degradation.

(6) Sustainable development and judiciary : -
The judiciary on many events helps environment from pollution but

also does not restrict the development and opens the doors of sustainable
development an gives its opinion about development, employment and
environment. The most effective case or opinion of judiciary is of Vellore
Citizen Case in this case at first time court uses the principle of polluter pays
principle and precautionary principle. By using this principle court says that
the development is done by protecting the environment and its resources.
In second, Ganga Pollution case the court is somewhat nearly stated

about the pollution and states that, "closure of tanneries may bring
unemployment, loss of revenue but lie, health and ecology have greater
importance to the people."
Thus on many occasions the judiciary tries to say that the follow the
path of sustainable development by which we can achieve development as
well as can protect the environment.
CASE LAW – Vellore Citizen Case
(7) Conclusion

CHAP. (15) – AIR (PREVENTION AND CONTROL OF
POLLUTION) ACT, 1984
Q.1. What are the penalties imposed upon the offenders under the
Air (Prevention and Control of Pollution) Act, 1984?
SYNOPSIS
(1) Introduction
(2) Object of Act
(3) Penalties and Procedure for control of Air Pollution
(4) Conclusion
Air is having very much importance in human life as well as in

environment. But as industrialization and urbanization takes place peoples
starts to get pollute air and its resources to protect and preserve air sources
the legislature enacted this Act and provides punishments for the persons
who contravenes the provisions of this Act and try to avoid the pollution.
(2) Object of Act : -
Along with prevention and control of air pollution this Act also provides
the penalties to the person who contravenes provisions under this Act. And
by penalizing try to reduce, control the air pollution.
(3) Penalties and Procedure for control of Air Pollution
a. Sec. 37 – Failure to comply with the provision of Sec. 21 or Sec. 22

or with the direction issued under Sec. 31-A : -
Whoever fails to comply with the provisions of Sec. 21 i.e. Restriction

on use of certain industrial plants and of Sec. 22 i.e. emission of air pollutant
in excess laid down by State Board or of Sec. 31-A i.e. Power to give
directions shall in respect of each such failure be punishable with
imprisonment for a term which shall not be less than 1 year and 6 months
but extends to 6 years and with fine and on continuous failure fine extends
to 5000/- Rs per day.
b. Sec. 38 – Penalties for certain acts : -
Whoever destroys, pulls down removes, injures or defaces any pillar

post or stake fixed in the ground or any notice or other matter put up or
placed by or wider the authority of the Board, or
- Obstructs any person from exercising and performing his functions

authorized by the Board, or
- Damages any work or property of the Board, or
- Fails to furnish any information required by the Board, or

- Fails to intimate the accident or occurrence of the emission of air
pollution to the Board.
Shall be punished with imprisonment extends to 3 months or fine

extends to 10,000/- or with both.
c. Sec. 39 – Penalty for contravention of certain provisions of his Act
Whoever contravenes any of the provision of this Act or any order or

direction issued there under for which no penalty has been provided in this
Act shall be punished with imprisonment which extends to 3 months or fine
extends to 10,000/- or with both and in continuous contravention additional
fine of Rs.5000/- per day should be imposed.
d. Sec. 40 – Offences by companies : -
Where an offence under this Act has been committed by a company,

every person who at the time of commission of offence was directly in charge
of and was responsible for the conduct of business of company shall be
deemed to be guilty of offence and shall be liable to be proceeded against
and punished accordingly.
e. Sec. 41 – Offences by Govt. Departments : -
Where an offence under this Act has been committed by any

Department of Govt. then the Head of Department shall be deemed to be
guilty of an offence and shall be liable to be proceeded against and punished
accordingly.
f. Sec. 42 – Protection of action taken in good faith : -
No suit, prosecution or other legal proceeding shall lies against the

Govt. or any officer of the Govt. or employees, officer, member of the Board
in respect of anything which is done or intended to be done in good faith in
relation of this Act.
(4) Conclusion

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CHAP.

(1) – ENVIRONMENT POLLUTION

Q.1. Explain various causes and factors of Environment Pollution.

Q.2. Define the 'Environment Pollution'. Explain the causative

Q.4. Explain the various causes for environmental pollution and

Q.5. Explain 'Envrinment'. What are the kinds of environment

Q.6. Define 'Environment Pollution'. Explain in which of the human

The global problem of the present day is the environment pollution. It

(2) Definition of Environment

It is very difficult to define the term environment. Many attempts were

The word 'environment' is derived from the French term 'environer'

Balaji Jadhav, Dayanand Law College, Latur. Page 1

Section 2(g) of the Environment (Protection) Act, 1986 defines the

(3) Definition of Environmental Pollution

Section 2(c) of the Environment (Protection) Act, 1986 defines the

Section 2(c) – Definition, "Environment Pollution means the presence in

Environment pollutant means any solid, liquid or gaseous substance

Environment pollution may be defined as contamination of the

(4) Sources/Causes/Factors Environment Pollution

There are various sources or factors causing environment pollution.

Pollution caused by the natural hazardous such as earthquakes, floods,

b) Artificial or Man Made Sources

Pollution caused by interference of human agency is called artificial

Growth of human population at alarming rate is the most significant

It is also one of the cause to damage environment. Due to poverty the

Industrial development has created many environmental problems.

a) the reduction of forest,

b) lowering of ground, water level due to excessive withdrawal of ground

4. Collapsing of ground surface due to withdraw of mineral oil

There are numerous undesired outputs from the factories such as

The expansion of law urban centres because of industrial expansion

Forest are invaluable property of nation because they provide raw

Balaji Jadhav, Dayanand Law College, Latur. Page 3

The expansion of agricultural land increasing agricultural productivity.

8. Modern Productive Technology

The development of modern technologies has created most of the

The excessive exploitation of natural resources and their misuse by

(5) Types of Pollution

(A) Air Pollution

"Air Pollution means any solid, liquid or gaseous substance including

According to Section 2(b) air pollution means the presence in the

a) Sources of Air Pollution

The main sources causing air pollution are as follows : -

Balaji Jadhav, Dayanand Law College, Latur. Page 4

b) Effect of Air Pollution

Air Pollution adversely affects human beings and their environment.

c) Measure to Control Air Pollution

Complete eradication of air pollution is very difficult & technically

(B) Water Pollution

Water Pollution means such contamination of water or such alteration

a) Sources of Water Pollution

The most important sources of water pollution are industrial wastes,

b) Effect of Water Pollution

Killing fish and other animals, encourages growth of bacteria that

Water pollution today has been considered as one of the major

Balaji Jadhav, Dayanand Law College, Latur. Page 5

(C) Land or Soil Pollution

Land is used for industrial, agricultural activities, mining operation,

a) Sources of Land Pollution

1) The major source of land pollution is the massive amount of solid

3) Agricultural operations, mining operations, felling of trees, construction

Where pollution is caused by chemicals the use of chemicals have to be