NGT Journal Vol1 PDF

NATIONAL GREEN TRIBUNAL
INTERNATIONAL JOURNAL
ON ENVIRONMENT
Vol. 1 of 2014
Vol. 1 (2014) NGT International Journal on Environment
National Green Tribunal

International Journal
on Environment
VOL. 1 OF 2014
NATIONAL GREEN TRIBUNAL ©

2014
NGT International Journal on Environment Vol. 1 (2014)

International Journal
on Environment
VOL. 1 OF 2014
Editorial Board
Hon'ble Mr. Justice P. Jyothimani Hon'ble Dr. R.C. Trivedi
Judicial Member, NGT Expert Member, NGT
Ms. Sheetal Sharma

Dy. Registrar, NGT
EDITORIAL POLICY
The NGT international Journal on environment is published bi-annually by National Green
Tribunal. The National Green Tribunal while publishing the journal has adopted a broad view of
environmental concerns to include air, water, land and noise pollution, resource use and there
regulation.
Each issue of the Journal may contain upto five sections:
• Opinion on relevant issue
• Articles – on environment issues and concerns
• Lectures-from Hon'ble Chairperson and Members on Environment
• Events
• Report of NGT
• Book Note
The journal aims to stimulate thought provoking process in the interest of justice, which will
provide an opportunity for academics, practitioners and consultants from different backgrounds to
discuss the significant legal developments in the field of environmental laws and diverse aspects of
environment and ecology. We invite authors to submit original manuscripts for consideration
ranging from full articles to book reviews.
1. The views, facts and opinions expressed in the articles in the NGT Journal are those of the
author(s) and do not necessarily reflect the views or opinions of the NGT, editors, the editorial
board or the publisher.
2. Authors retain the following non-exclusive rights:
a. To reproduce the Contribution in whole or in part in any printed volume (book or thesis)
of which they are the author(s).
b. They and any academic institution where they work at the time may reproduce the
Contribution for the purpose of course teaching.
c. To reuse figures or tables created by them and contained in the Contribution in other
works created by them.
d. To post a copy of the Contribution as accepted for publication after peer review (in Word
or Text format) on the Author's own web site, or the Author's institutional repository, or
the Author's funding body's archive, six months after publication of the Journal.
e. NGT encourages the self-archiving of the accepted version of your manuscript in your
funding agency's or institution's repository, six months after publication.
NGT recognizes the efforts put by the authors to increase access to the information on environment,
and we strongly encourage authors to participate in such efforts.
Guide for Authors

Submission declaration
Submission of an article implies that the work described has not been published previously (except in
the form of an abstract or as part of a published lecture or academic thesis), that it is not under
consideration for publication elsewhere, that its publication is approved by all authors and tacitly or
explicitly by the responsible authorities, if accepted, it will not be published elsewhere in the same
form, in English or in any other language, without the written consent of the copyright-holder.
Language Services
Manuscripts should be written in English. Authors who are unsure of correct English usage should
have their manuscript checked by someone proficient in the language. Manuscripts in which the
English is difficult to understand can be rejected.
Submission
Submission to this journal proceeds either online or hard copy. Please submit your article via
greentribunal.gov.in
Software used
It is important that the file be saved in the native format of the word processor used. The text should
be in single-column format. Keep the layout of the text as simple as possible. When preparing tables,
if you are using a table grid, use only one grid for each individual table and not a grid for each row. If
no grid is used, use tabs, not spaces, to align columns. The electronic text should be prepared in a way
very similar to that of conventional manuscripts. Do not import the figures into the text file but,
instead, indicate their approximate locations directly in the electronic text and on the manuscript.
Subdivision - numbered sections
Divide your article into clearly defined and numbered sections. Sub sections should be numbered 1.1
(then 1.1.1, 1.1.2, ...), 1.2, etc. (the abstract is not included in section numbering).
Use this numbering also for internal cross-referencing. Any subsection may be given a brief heading.
Each heading should appear on its own separate line. Use line numbering throughout your paper.
Essential title page information
• Title. Concise and informative. Titles are often used in information-retrieval systems. Avoid
abbreviations and formulae where possible.
• Author names and affiliations. Where the family name may be ambiguous (e.g., a double
name), please indicate this clearly. Present the authors' affiliation addresses (where the actual
work was done) below the names. Indicate all affiliations with a lower-case superscript letter
immediately after the author's name and in front of the appropriate address. Provide the full
postal address of each affiliation, including the country name, and, if available, the e-mail
address of each author.
• Corresponding author. Clearly indicate who will handle correspondence at all stages of reference
and publication, also post-publication. Ensure that telephone and fax numbers (with
country and area code) are provided in addition to the e-mail address and the complete
postal address.
• Present/permanent address. If an author has moved since the work described in the article was
done, or was visiting at the time, a "Present address" (or "Permanent address") may be
indicated as a footnote to that author's name. The address at which the author actually did the
work must be retained as the main, affiliation address. Superscript Arabic numerals are used
for such footnotes.
Abstract
A concise and factual abstract is required. The abstract should state briefly the purpose of the article
important discussion and major messages. An abstract is often presented separately from the article,
so it must be able to stand alone. For this reason, References should be avoided, but if essential, they
must be cited in full, without reference to the reference list. Also, abbreviations should be avoided,
but if essential they must be defined at their first mention in the abstract itself.
Abbreviations
Define abbreviations that are not standard in this field in a footnote to be placed on the first page of
the article. Such abbreviations that are unavoidable in the abstract must be defined at their first
mention there, as well as in the footnote. Ensure consistency of abbreviations throughout the article.
Acknowledgements
Collate acknowledgements in a separate section at the end of the article before the references and do
not, therefore, include them on the title page, as a footnote to the title or otherwise. List here those
individuals who provided help during preparation of this article.
Nomenclature and units
Follow internationally accepted rules and conventions: use the international system of units (SI). If
other quantities are mentioned, give their equivalent in SI. Authors wishing to present a table of
nomenclature should do so on the second page of their manuscript.
Footnotes
Footnotes should be used for citing references. Number them consecutively throughout the article,
using superscript Arabic numbers. Many wordprocessors build footnotes into the text, and this
feature may be used. Should this not be the case, indicate the position of footnotes in the text and
present the footnotes themselves separately at the end of the article.
Figure captions
Ensure that each illustration has a caption. Supply captions separately, not attached to the figure. A
caption should comprise a brief title (not on the figure itself ) and a description of the illustration,
making it understandable independent of the text. Keep text in the illustrations themselves to a
minimum but explain all symbols and abbreviations used. Prevent use of symbols in figures and
captions.
Tables
Number tables consecutively in accordance with their appearance in the text. Place footnotes to
tables below the table body and indicate them with superscript lowercase letters. Avoid vertical rules.
Be sparing in the use of tables and ensure that the data presented in tables do not duplicate results
described elsewhere in the article. Minimise the use of symbols and abbreviations in the tables.
References
Citation in text
Please ensure that every reference cited in the text is also present in the reference list either at the end
or in the foot-note. Any references cited in the abstract must be given in full.
Web references
As a minimum, the full URL should be given. Web references can be listed separately (e.g., after the
reference list) under a different heading if desired, or can be included in the reference list.
Proofs
One set of page proofs (as PDF files) will be sent by e-mail to the corresponding author (if we do not
have an e-mail address then paper proofs will be sent by post) or, a link will be provided in the e-mail
so that authors can download the files themselves.
mi&jk"Vªifr] Hkkjr
VICE-PRESIDENT OF INDIA
MESSAGE
I am happy to know that the National Green Tribunal (NGT) is inaugurating its Eastern
Zonal Branch at Kolkata, which will bring environmental justice closer to the people in that part
of our country.
Since its inception, the NGT has emerged as a vital national institution for timely,
affordable and accessible justice in cases relating to environmental protection and conservation.
The Tribunal is playing a critical role in maintaining the necessary balance between the
imperatives of rapid growth and environmental sustainability in our national development
process.
On this happy occasion, I extend my greetings and good wishes to everyone associated
with the National Tribunal and wish them all success.
(M. Hamid Ansari)

New Delhi
April 28, 2014
11, Moti Lal Nehru Marg,

New Delhi-110011
R. M. LODHA Tel. : 23017474
Chief Justice
Supreme Court of India April 11, 2014
People around the world have now realized that the environment is important and that
effort should be made to protect it. The protection of environment is a big challenge for the
individual countries and so also internationally. The protection of marine environment,
deforestation, toxic waste are all global issues that require global response and multiple strategies
for their solutions.
India also suffers from range of environment problems: Air Pollution; Water pollution;
Noise pollution; the safe management of waste; radio activity; pesticides; conservation of wild
life etc. The laws have been enacted and in the matters of environmental justice delivery,
National Green Tribunal (NGT) has been put in place. It is a matter of great satisfaction that
accessibility of the NGT has made environmental justice delivery system affordable.
I am happy to learn that NGT proposes to release “International Environment Journal”

which shall contain articles on environment from various dignitaries and academicians, all over
the world. I congratulate NGT for its endeavor and wish its Chairperson, members and all
stakeholders all the best.
R.M. Lodha
Justice Swatanter Kumar Off. : Faridkot House,

Copernicus Marg, New Delhi-110 001
Former Judge, Supreme Court of India Ph.: 011-23077937
Chairperson, National Green Tribunal Resi.: 9, Thyagraj Marg, New Delhi-110011
New Delhi Ph. : 011-23010300, 23010039
email: ps.justsk@gmail.com
20th April, 2014
ABOUT THE JOURNAL AND THE NGT
NGT is proud to publish the International Journal on Environment with comprehensive
texts and assorted articles highlighting the judicial and administrative role towards environment
protection and its improvement. The purpose of the journal is to share information, data and
developments relevant to the protection of environment. The benefit of the journal should
accrue to the global family by exchange of thoughts and developments in all the fields of
environment.
Under the Indian constitution, right to clean and decent environment has been declared to
be a fundamental right within the ambit of Article 21 of the Constitution of India. This
demonstrates the legislative intent and concern in relation to matters of environment.
According to the environment assessment studies done by the World Bank from 1995 to
2010, India, as a country, has made fastest progress in addressing its environmental issues.
Australia and New Zealand, the developed nations, have established environmental Courts.
India is the only nation to have introduced a Judicial Tribunal, being National Green Tribunal,
with both original and appellate jurisdictions to address the environmental concerns as well to
provide redressal to the aggrieved persons in relation to matters relating to environment. Besides
settling questions and disputes, where a substantial question relating to an environment is
involved, the Tribunal has been vested with the power to grant reliefs, compensation and even
direct restitution of environment. National Green Tribunal in India consists of Judicial and
Expert Members who preside together, for adjudicating the cases listed before them.
NGT has developed faith of the society at large and achieved unmatched success in
delivering environment justice. It has ensured that all those affected by the rising environment
degradation be it air, water or forest can seek redressal in enforcing their rights. It has focused on
early and efficacious disposal of the cases. Since January 2013, there is steep increase in filing of
cases at the rate of 280% and disposal of cases by 200% in comparison to 2012.
At present Tribunal has four benches at Chennai, Bhopal, Pune and Kolkata in addition to
its Principal seat at New Delhi. Considering the need to take administration of justice to the
door steps of the affected people, NGT has regularly held circuit benches at Shimla, Shillong and
Jodhpur. I believe that the administrative strength along with the new infrastructure at Faridkot
House New Delhi, is crucial in fulfilling our vision of imparting effective environmental justice.
Access to justice before NGT is easy and inexpensive. Any person aggrieved or otherwise,
can invoke the jurisdiction of the Tribunal in terms of Sections 14 to 16 of the NGT Act. Besides
the legislative intent, NGT has made ‘expeditious disposal’ of cases its motto. Every effort is
being made to dispose of the cases within six to eight months of their institution. This serves the
twin purposes of litigant satisfaction and Sustainable Development with due protection of
environment.
The NGT has grown in various dimensions and has already contributed substantially to
the development of the environmental jurisprudence not just in the national sphere, but even
globally.
Given the present scenario, it is worth mentioning the environmental specific inputs and
scientific methods adopted by the NGT's expert members in resolution of issues involving
multifarious subjects to accomplish idea of environmental jurisprudence. National Green
Tribunal having completed arduous tasks ranging from judicial and administrative standpoints,
has evolved itself as a Tribunal of National and International importance.
I heartily congratulate all the members, registry, and all other staff members of NGT for
their contribution to this international journal.
(Justice Swatanter Kumar)

Fountain in the Courtyard of The Faridakot House
EDITORIAL BOARD
Hon'ble Mr. Justice P. Jyothimani Hon'ble Dr. R.C. Trivedi

Judicial Member, NGT Expert Member, NGT
Ms. Sheetal Sharma

Dy. Registrar, NGT
Justice Dr. P. Jyothimani NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH
Judicial Member Faridkot House, Copernicus Marg
New Delhi-110001
Tel.: 011-23043504
29th April, 2014
From the Editor's desk:
Dear readers,
It is my profound pleasure to share some of my thoughts on behalf of the Editorial Board

through this maiden issue. While extending our warm greetings to all our readers on our behalf
and on behalf of the Hon'ble chairperson of the National Green Tribunal, New Delhi, Justice
Swatanter Kumar, we introduce this Bi-Annual Journal, intended to focus on various
environmental issues faced in our Motherland and as to how they are being resolved by our
Judicial system including the National Green Tribunal, constituted as per the provisions of the
National Green Tribunal Act 2010, from its inception. The Act, was passed by the Parliament of
India with the noble aim of establishing a National Green Tribunal for effective and expeditious
disposal of cases relating to environmental protection and conservation of forests and other
natural resources and enforcement of legal rights relating to environment and granting relief of
compensation for damages caused.
It was by way of implementing the decisions taken at the United Nations Conference on
the Human Environment held at Stockholm in June 1972 and United Nations Conference on
Environment and Development held at Rio de Janeiro in June 1992 in which India participated,
the Act was enacted by the Parliament of India. The power of the Parliament to enact such law is
traceable to Article 253 of the Constitution of India. The said Constitutional provision enables
the parliament to legislate for giving effect to international agreements, conventions and
decisions taken in international conferences. The said Article 253 reads as follows:
“Legislation for giving effect to international agreements :-
Notwithstanding anything in the foregoing provisions of this

Chapter, Parliament has power to make any law for the whole
or any part of the territory of India for implementing any
treaty, agreement or convention with any other country or
countries or any decision made at any international
conference, association or other body.”
Therefore, the National Green Tribunal is conscious of its special status and consequential
onerous responsibilities imposed on it towards the people of India.
The National Green Tribunal, within the short period of its creation has not only made
effective inroad in upholding the environmental rights of the citizens of our country by its
various thought provoking Judicial decisions taken in combination of Judicial and Expert mind,
but striving to achieve the constitutional goal visualized by our law makers and the Hon'ble
Supreme Court of India.
On this occasion, while congratulating Hon'ble Justice R.M. Lodha, on His Lordship
assuming the highest office of the Judicial family as the 41st Chief Justice of India, the golden
words of His Lordship made at the time of inauguration of the National Green Tribunal in its
new place at Faridkot House, New Delhi on 18th October, 2013 in which the Hon'ble Chief
Justice of India, Justice P. Sadasivam and the Hon'ble Vice-President of India Shri M. Hamid
Ansari, have participated as our Chief Guests, are still lingering in my mind.
His Lordship, Justice R.M. Lodha, remarked that the National Green Tribunal should not
become one among all other judicial forums exercising adversarial system by prolonging the
decision making process on technicalities but should strive to resolve the disputes relating to
environment in an informal and most effective manner by actual public participation. The
National Green Tribunal has taken His Lordship's views as one of its important guiding
principles.
Through this BI-Annual journal, we assure to interact frequently with our readers through
the articles relating to environmental issues by eminent jurists, scientists of international repute,
social activists and others, however without affecting our decision making process in the
Tribunal in accordance with the spirit of the National Green Tribunal, Act 2010.
We would continue to exchange our views in due course of time.
With Regards :
Justice Dr. P. Jyothimani

Judicial Member
Dr. R.C. Trivedi NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH
Expert Member NEW DELHI
Dear Readers,
It is indeed a matter of great pleasure for me to inform that National Green Tribunal is
launching this important journal as a platform to share knowledge, views and comments on
environmental issues. The environmental concern in India is as old as Indian Civilization. The
earlier concern was focused on protection of wildlife and forests. During British period
expansion of agriculture and timber trade were main causes for environment degradation,
whereas after independence, it was urbanization and industrial expansion. In the wake of
economic development through fast industrialization, to be self-sufficient in food and other
basic needs of the growing population, environment continued to degrade due to deforestation,
loss of wild life increasing air, water, soil pollution and development of slums. In view of nation's
desire to fast economic growth, environment protection is a big challenge. Such challenge is
manifested in all the policy pronouncements and regulatory frameworks. Integrating
environment protection with economic development in regulatory framework is an important
step towards such a goal.
As we know India is unique in many respects. Geographically, it accounts for a meagre 2.4
per cent of the world's total surface area of 135.79 million sq. km and only 4% of water
resources, yet, it supports and sustains a whopping 16.7 per cent of the world population. Thus,
most of its natural resources are under high stress of exploitation. For example, water resource,
which is most important component of environment is gradually getting depleted and polluted,
resulting in very serious environmental consequences. India also accounts for 7-8 per cent of the
recorded species of the world, including 45,500 species of plants and 91,000 species of animals.
With such a rich biodiversity, India needs serious efforts to conserve and protect these rich and
precious natural resources. Due to the pressures of population and technology, the environment
is being degraded, sometimes permanently. This has been recognized, and government has
begun placing restraints on activities that cause such serious environmental consequences.
Several regulatory and institutional measures were taken in the country. An ecosystem approach
to resource management and environmental protection aims to consider the complex
interrelationships of an entire ecosystem in decision making rather than simply responding to

specific issues and challenges, is the approach adopted in policy pronouncement and legal
framework. Ideally, the decision-making processes under such an approach would be a
collaborative approach to planning and decision making that involves a broad range of
stakeholders across all relevant governmental departments, as well as representatives of industry,
environmental groups and community. This approach ideally supports a better exchange of
information, development of conflict-resolution strategies and improved regional conservation.
Environmental protection is influenced by three interwoven factors: environmental legislation,
ethics and education. Each of these factors play its part in influencing national-level
environmental decisions and personal-level environmental values and behaviors. For
environmental protection to become a reality, it is important for societies to develop each of
these areas that, together, will inform and drive environmental decisions. Publication of this
journal is a step towards such a goal.
It is hoped that this journal will give new insight or perspective on issues that matter to the
readers that helps them to have a new understanding of the environmental problems around
them, which in turn will help them to solve the problem for larger benefit of the society. Readers
can apply the insight in everyday life or as a way of building upon the knowledge that already
encompasses their mind and enrich their understanding on complicated environmental issues.
The journal is expected to bring some innovative ideas, discoveries and legal interpretation of
complex issues pertaining to environmental problems, which will help application of the new
information or amended in what already exists about a particular issue, topic or event. The “new”
interpretation on existing issues are important because sometimes facts “change.” The journal
will prove to be a valuable record of information relating to environmental jurisprudence. I am
sure the journal will awaken and stimulate the minds of readers, which will help to develop
problem solving skills in them.
With kind regards,
(R C Trivedi)
Expert Member, National Green Tribunal
Sheetal Sharma NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH
Deputy Registrar NEW DELHI
EDITORIAL NOTE
The National Green Tribunal (NGT) International Journal on Environment (Vol.1 of 2014)
is our first issue showcasing articles on environment jurisprudence and unveiling the co-relation with
human activities. I take this opportunity to extend my gratitude to The Hon'ble Chairperson for
introducing the international journal on environment. I am confident that under the guidance and
expert tutelage of the Hon'ble Chairperson, the journal's significance in contributing towards
development of Environmental jurisprudence will be greatly appreciated.
The enactment of National Green Tribunal Act, 2010 is a significant step in promoting and
sustaining the right to life under Article 21 of the constitution of India. The aim of the act is to
provide for the establishment of a National Green Tribunal for the effective and expeditious disposal
of cases relating to environmental protection and conservation of forests and other natural resources
including enforcement of any legal right relating to environment and giving relief and compensation
1
for damages to persons and property and for matters connected therewith or incidental thereto. The
Tribunal is a statutory body having original and appellate jurisdiction, headed by a fulltime
chairperson, and has judicial and expert members dealing with the not only the violations of
environmental laws, but also providing for compensation, relief and restoration of the ecology in
accordance with the 'Polluter Pays' principle, 'Precautionary Principle' and other Environmental
Doctrines.
1
Aim and purpose of National Green Tribunal Act, 2010.
This issue highlights and features a range of articles that address the co-relationship between
environment and human activities. The aim of this issue is to advance the awareness relating to the
environment. This issue also helps the readers to connect with new approaches in Environmental
issues which are emerging radically.
I sincerely appreciate the contributions by various authors to this issue & I am pleased to have
been assisted by Law clerks Ms. Sonali Singh, Mr. Aamir Khan and Ms. Ridhi and personal assistant
Ms. Prachi Nautiyal.
by Sheetal Sharma
Deputy Registrar, NGT(PB)
SPEECH OF HON'BLE VICE PRESIDENT

AT THE TIME OF INAUGURATION
OF NATIONAL GREEN TRIBUNAL IN 2010
“I am happy to have been invited for this inaugural function of the National Green Tribunal,
which as we all know, is dedicated to the effective and expeditious disposal of cases relating to
environmental protection and conservation.
It is a specialized fast track court equipped with requisite expertise to handle environmental
disputes involving multi-disciplinary issues, including those related to forest, environment,
biodiversity, air and water.
The National Green Tribunal is our premier environmental court with a comprehensive
jurisdiction to deal not only with cases related to violations of environmental laws, but also to
provide for compensation, relief and restoration of the ecology. I understand that India is only the
third country apart from Australia and New Zealand to have such an institution. This is a matter of
pride and satisfaction for all of us, especially as the Tribunal is tasked to deliver timely justice, while
aiming to maintain the essential balance between conservation and development
It is now universally recognized that economic growth and development have to be guided by
the compulsions of sustainability, as we do not have the luxury of ignoring the economic and
environmental threat that a fast depleting ecosystem poses not only to our country but to the entire
planet. None of us are immune from the challenges of climate change, ecological degradation, ozone
layer depletion and contamination of our freshwater.
At the same time, pursuit of rapid and inclusive economic growth and development is an
imperative, especially in developing countries such as ours, to lift the teeming millions out of poverty,
unemployment, illiteracy and disease. It is the obligation of every society and solemn duty of every
government to pursue inclusive socio-economic development for the upliftment and wellbeing of its
peoples.
Environment and socio-economic development are so intricately linked that development

cannot be sustainable without considering its environmental dimensions. Similarly, it is now

accepted that poverty eradication and a lasting prosperity cannot be achieved if the services of the
ecosystem and natural capital are degraded or lost.
There is a two way relationship between environment and economic growth, wherein natural
resources and raw materials, such as water, timber and minerals, are direct inputs for industrial
production and at the same time industrial growth can cause damage to environment. It is, therefore,
crucial that we find the fine balance between environmental conservation and economic growth for
the sustainability of our development agenda.
The importance of sustainable development was highlighted by the World leaders at the 2012
United Nations Conference on Sustainable Development (Rio+20) when they reaffirmed their
commitment to sustainable development which embraces economic progress, social development,
and environmental protection for the benefit of all. The leaders also called for developing a set of
universally applicable sustainable development goals that carefully balance the environmental, social
and economic dimensions of sustainable development. In any endeavour, which involves creation of
such a delicate balance, disputes are bound to arise based on claims and counter-claims of different
stakeholders, having varied interests, not necessarily in harmony with each other, all the time. It is in
this context, that the role of the National Green Tribunal, as an effective and efficient adjudicator, to
maintain this precarious balance between the environment and sustainable development and
providing speedy justice on matters related to environment and environmental laws is of vital
importance today. We have witnessed in our country lively, at times acrimonious, debates between
the votaries of development on one hand, who have been crying hoarse over the paralysis in
execution of the much needed developmental projects due to environmental concerns, which they
consider secondary in priority, given our developmental needs. On the other hand, we have equally
legitimate concerns raised by the environmentalists who have rightly brought to light the inexcusable
and irreparable damage being caused to our ecosystem due to human greed and wasteful
consumption. Both sides have legitimate arguments and are correct in their views and perceptions.
The challenge is to find a common ground and pave the right way forward which incorporates all
dimensions of sustainable development –environmental, economic and social - in a balanced way.
The National Green Tribunal will have to play the role of the independent referee and facilitator,
inspired by law and principles of natural justice, as the country marches ahead in its journey on the
right and balanced path to development. The Centre for Environment Law at Worldwide Fund for
Nature-India has described the commencement of the National Green Tribunal as a giant step
forward towards achieving environmental democracy. After observing the recent proceedings of the
Tribunal and reading its previous judgments, the Centre has also complimented the Judges and
Expert Members for having achieved their mission of maintaining the precarious balance between
environment and sustainable development in a majority of their cases. This is a commendable
beginning for the Tribunal in the early years since its creation and deserves to be applauded. I am
confident that in times to come, the National Green Tribunal will emerge as a potent instrument in
facilitating and promoting sustainable development in the country by providing speedy
environmental justice, not bound only by the civil procedure code but also guided by the principles
of natural justice. In the process, it will also help in reducing the burden of litigation in the higher
courts. I congratulate Justice Swatanter Kumar, other distinguished Members and all others
connected with Tribunal on this important occasion and wish them all the best for the future in these
new premises. I thank you for inviting me.”
SPEECH OF THE HON'BLE CHAIRPERSON

AT THE TIME OF THE INAUGURATION OF
Good Afternoon,
Distinguished dignitaries on and off the dais, Ladies and Gentlemen,
His Excellency Hon'ble Shri Hamid Ansari, Vice President of India, had been the Permanent
Representative of India to the United Nations, and had also held the august office of India's
Ambassador to various countries. His extraordinary skills in various capacities have well served our
country and its international relations unendingly. Being a Padma Shree awardee, he has the rare
distinction, and in fact, is only the second person after Dr. Radhakrishnan to get elected to the office
of Vice President of India for two consecutive terms, which itself speaks volumes of his abilities,
contributions and success in various capacities. He is the epitome of secularism. I welcome you, Sir.
Hon'ble Mr. Justice P. Sathasivam, Chief Justice of India is the son of the soil in the true sense
of the word, as even today he has serious interest in the agricultural activities at his native place. I had
the good fortune of sharing the Bench with his Lordship. His judgments are path-breaking,
particularly in the fields of constitutional and criminal jurisprudence. Having given rare exposition
and new dimensions to principles in the field of criminal law, he is the protector of the down-
trodden. I welcome you, Sir.
Hon'ble Mrs. Jayanthi Natarajan, Minister of State for Environment and Forests, being a
former practising Advocate, has galvanised the justice delivery system to efficaciously handle issues
relating to environment. She belongs to the judicial family and has a soft corner for NGT. Her
contributions, particularly in the field of regulatory regime of environmental laws, are praiseworthy.
Her Ministry has substantially helped the growth of NGT. I welcome you, Madam.
Hon'ble Mr. Justice R.M. Lodha, Judge, Supreme Court of India, has expressed his views in
relation to independence of judiciary and fairness in State-action without mincing words. For him,
all I would say is that he is as strong a judge as judiciary is a pillar to the Indian democracy. I welcome
Hon'ble Mr. Justice Lodha.
I welcome the other Hon'ble Judges of the Supreme Court of India, former Judges of the
Supreme Court, Hon'ble Judges of the High Courts and former Judges of the High Courts, Hon'ble
Chairpersons and Members of various Tribunals and Commissions, Members of the Judicial Service,
Chairmen and Member-Secretaries of various Pollution Control Boards, senior bureaucrats, senior
Police officers, Presidents and Members of the various Bar Associations, Members of the Bar
Council, Members of the Press and print media and other distinguished invitees Ladies and
Gentlemen.
Today, we have gathered here to celebrate the occasion of inauguration of Faridkot House as
well as the foundation day of the NGT. However, that is not all. We are also here to celebrate the
vision that has got us this far, and envisage the vision that will take us further ahead.
The NGT is a one-of-its-kind Tribunal and quite different from the only other environmental
courts established in New Zealand and Australia in terms of jurisdiction, powers and administration
of environmental justice.
Over the past couple of months, we have seen the paths changing and the ones who tread the
noble path of seeking justice relating to environment have been able to attain the same with relative
ease. Statistics cosign this fact. From January, 2013 to 30th September, 2013, there has been a 280%
increase in the filing of cases in the NGT in comparison to that during the last year while the disposal
rate has increased by 200% during the same period. It shows faith of the public at large in the delivery
of environmental justice by the Tribunal. The Tribunal has four Benches in addition to its Principal
seat at New Delhi. All Benches are functioning except the Kolkata Bench of the NGT, which is likely
to start functioning by November, 2013. In fact, the Ministry may have to think of opening other
Benches of the NGT for bringing environmental justice to the door-step of the people. Considering
this facet of administration of justice, NGT has held Circuit Benches in the High Court of Himachal
Pradesh at Shimla, and the Calcutta High Court at Kolkata, and will be soon holding Circuit
Benches at Rajasthan High Court at Jodhpur and at the High Court of Meghalaya at Shillong.
I am happy to inform the distinguished dignitaries on the dais and this august gathering that
the NGT is endeavouring to provide for itself a time frame for disposal of cases. So far the NGT, by
and large, has been able to successfully dispose of cases within six months from the date of their
institution. It is also noteworthy that today, except for two vacancies of Judicial Members that are in
the process of being filled up, NGT runs at its full strength and with the amelioration of
infrastructure, Faridkot House being a step in that direction, soon shall it be working at optimum
output. We request for support and co-operation of all stakeholders, more particularly of Bar
Associations and the Ministry of Environment and Forests, to ensure that our endeavour of not just
making environmental justice accessible but also expeditious, is achieved.
We are a developing nation. The principle of sustainable development is the ethos to our
environmental jurisprudence. The NGT is taking a very balanced approach to ensure that
development is not unduly hampered. However, development at the cost of irreparable and total
damage of environment would work totally contrary to the good of humanity.
I, on behalf of my colleagues and the Registry of NGT, assure all present that it will endeavour
its best to deliver environmental justice efficaciously and effectively. I do appreciate the
contributions made by the Ministry of Environment and Forests in this direction.
Thank you all.

CONTENTS
ARTICLES – ON ENVIRONMENT ISSUES AND CONCERNS
• Private Claims for a Global Climate : An Essay on U.S. and 1
Indian Litigation Approaches to Climate Change and
Environmental Harm
Tracy D. Hester
• Environment, Rule of Law and Emerging Principles 17
Justice Baidya Nath Upadhyay, Supreme Court, Nepal
• Cleaning Up Diesel Exhaust Improves Both Health & Climate 25
World Bank Group, Washington DC, U.S.A
• NGT of India- A historical perspective 31
Hon'ble Justice P.Jyothimani, Judicial member,
National Green Tribunal.
• Application of economics principles to natural resources 41
- A Commentary
Dr. D K Agrawal, expert member, National Green Tribunal
• Industrial Ecology – a nature driven tool for 57
Sustainable Development
R. Nagendran, National Green Tribunal, India
• Mercury pollution and its control 65
Dr. G. K Pandey, Expert Member, National Green Tribunal
• Fly ash : a waste or resource 79
Dr P C Mishra, Expert Member, National Green Tribunal
• Climate Change with special reference to Forestry Sector in India 93
Bikram S Sajwan, Expert Member,
National Green Tribunal, New Delhi
• Regulation of water pollution – limitation and remedies 109
Dr. R C Trivedi, Expert Member, National Green Tribunal
• Strategic Environmental Opportunities for Urban 127
Sustainability in India
Deep Narayan Pandey, PhD, Indian Forest Service,
Member Secretary, Rajasthan State Pollution Control Board,
Jaipur, Rajasthan, India
• Groundwater pollution in India & Regulatory Framework 135

Rajendra Mohan Bhardwaj , Senior Scientist
and Dr. A B Akoklkar, Member Secretary,
Central Pollution Control Board, Delhi
• Electronic Waste -In Indian Perspective 143
Sheetal Sharma, Dy Registrar, National Green Tribunal, (PB)
New Delhi, India
• Study of Imminent noise pollution during Deepawali Festival at 155
different location in India
P. Krishnamoorthy, Gurnam Singh and Dr. SK Tyagi Scientists,
Air laboratory, Central Pollution Control Board, Delhi
LECTURE BY HON'BLE CHAIRPERSON ON ENVIRONMENT 165

PROFILES
• Hon'ble Chaiperson, National Green Tribunal 177
• Judicial Members, National Green Tribunal 181
• Expert Members, National Green Tribunal 191
• Registrar General, National Green Tribunal 205
EVENTS 207
• Inauguration of Faridkot House
• Visit of Hon'ble Chief Justice, Argentine to National Green Tribunal
• 5th Full House Meeting at National Green Tribunal, Faridkot House
REPORT OF NGT 227

• Green Report
Sanjay Kumar, Registrar General, National Green Tribunal
ARTICLES
ON
ENVIRONMENT ISSUES
AND
CONCERNS
PRIVATE CLAIMS FOR A GLOBAL CLIMATE : AN ESSAY ON U.S. AND

INDIAN LITIGATION APPROACHES TO CLIMATE CHANGE AND
ENVIRONMENTAL HARM.
Tracy D. Hester*
Abstract
Generally climate change is conceived as global problem, but the responses has to be local.
The paper elaborates and compares the legal strategies adopted by United States and India being
strong democratic and federal system of governance and independent judiciaries relying on
British common law and statutory principles. While US courts mostly deal with the cases related
to active campaign to use public nuisance laws to mitigate or compensate, the Indian courts deal
with judicial actions and public interest litigation, however, such litigations did not led to
significant benefit to the society affected by climate change. Several important cases from US and
India are summarized in the paper. The Indian judiciary has created innovative new procedural
and substantive vehicles to protect the rights of large section of society who is affected by the
actions of both governments and private defendants, but same is not yet fostered to seek damages
or injunctive relief based on climate change damages. If U.S. climate change public nuisance
litigations ultimately yields significant benefits to the society in the future, the Indian judiciary
may soon allow such requests for relief that adapt India's rich tradition of environmental judicial
action to possible climate change damage claims.
Introduction
Climate change is global, but legal responses to it are often intensely local. Even nations in
similar circumstances may choose different legal strategies to deal with climate change because of
their varying national and local laws and traditions. India and the United States offer an
opportunity to compare two nations who both emit large amounts of greenhouse gases, rely on
strong democratic governments based on principles of federalism and separation of powers, and
have independent judiciaries that draw on long-standing British common law and statutory
* Visiting Assistant Professor and Director of the Environment, Energy & Natural Resources Center at the University of
Houston Law Center.
1
Connecticut v. American Electric Power Co., 564 U.S. --- (slip op., June 20, 2011) (No. 10-174) ( "Connecticut v. AEP" ).
1
principles. Despite these similarities, the Indian and U.S. courts have so far taken different roles
on applying their domestic laws to climate change claims. The United States has seen an active
campaign to use public nuisance actions under federal law to either compel mitigation by carbon
emitters or to recover compensation for damages allegedly caused by past emissions. India,
notably, has a strong tradition of judicial action and public interest litigation when faced with
injuries to the public at large that might fail to satisfy traditional notions of standing or
justiciability. That tradition, however, has not led to major legal actions to force climate change
mitigation by government agencies and private parties or to recover damages for personal injury
and property damage caused by climate change.
This essay will summarize the recent culmination of climate change public nuisance actions
under federal common law in the United States, which reached their climax in the U.S. Supreme
1
Court's recent decision in Connecticut v. American' Electric Power. It then offers some thoughts
on likely directions for future climate change nuisance litigation in the United States and how
those actions might affect future U.S. policy on climate change legislation and regulation. It then
briefly overviews how Indian public interest litigation offers some parallels to U.S. climate
change litigation. Last, the essay offers some suggestions on the future course of climate change
litigation in both countries.
U.S. courts have seen a boom in climate change litigation. At last count, the federal courts
now have received over 200 lawsuits seeking legal relief over climate change claims. The
complaints arise from a welter of different disputes, including efforts to compel the U.S.
government or states to regulate greenhouse gas emissions, an equally large number of petitions
and complaints seeking to halt government regulation of greenhouse gases, challenges to
administrative agency regulations that impose specific limits on particular industry sectors, and
contests over the inclusion of climate change effects in environmental impact assessments or
rulemaking records.2
One of the most important legal devices for climate change challenges has been public
nuisance tort actions. These claims allege that emissions by defendants cause a public nuisance
because their emissions contribute to climate change effects such as flooding, drought, shore
erosion and storm damages. While the exact scope of public nuisance doctrine remains ill-defined
and controversial, many U.S. courts have turned to the Restatement of Torts (Second) for one
broadly accepted formulation: a public nuisance is "an unreasonable interference with a right
3
general to the common public. Courts have clarified this definition to require an unreasonable
interference with a right common to the general public by a person or people who caused the
2
D. Markel and J.B. Ruhl, An Empirical Assessment of Climate Change in the Courts: A New Jurisprudence or Business as
Usual?, (February 16, 2011), FSU College of Law, Public Law Research Paper No. 483, at pp 5 n.8. Available at SSRN:
http://ssrn.com/abstract=1762886. Markel and Ruhl studied 201 cases filed on climate change claims, and their study excluded
another 100 cases that potentially could have also qualified as climate change litigation. Id. at pp. 58-59. The Columbia
University School of Law's Center for Climate Change Law maintains a tracking chart for significant U.S. climate change
litigation at www.climatecasechart.com.
3
RESTATEMENT (SECOND) TORTS § 821B (1979).
2
public nuisance. Some courts have emphasized that the defendant must retain control over the
instrumentality that created the public nuisance. For example, companies that manufactured lead
paint over 50 years ago may not bear responsibility for a public nuisance created by the paint
because they no longer have control over the instrumentality (i.e., the paint) that caused the
nuisance.4
Public nuisance actions historically played an important role in the development of U.S.
environmental law. Early public nuisance actions led the U.S. Supreme Court to resolve key
disputes between states and local governments over discharges of water pollution that crossed
5
state lines as well as air emissions that damaged resources in adjoining states. The prominence of
public nuisance litigation, however, began to wane when the U.S. Congress passed federal
legislation that instituted a statutory framework to regulate discharges into the environment. The
implementation of these statutes displaced the federal common law underlying earlier public
6
nuisance claims. As a result, common law public nuisance actions became a device to fill gaps
where federal law had not yet extended, and those gaps frequently arose when federal and statute
environmental laws lagged behind emerging environmental threats or scientific discoveries. Even
in this relatively limited role, public nuisance litigation remained an important tool for both
interstitial federal litigation and public nuisance lawsuits under state laws that federal statutes
7
could not displace.
In this respect, the coalescing concerns about climate change in the late 1990s offered
advocates an attractive opportunity to use common law public nuisance actions to answer a
perceived vacuum of federal legislative and regulatory action. In the face of a consensus between
the George W. Bush presidential administration and a Republican-controlled Congress that the
8
federal government should not directly regulate greenhouse gas emissions environmental
proponents and plaintiffs felt that public nuisance actions offered a possible K, compel the
federal government to take affirmative action and to force emitters of gases to reduce their
emissions so as to reduce potential tort liability risks.9 Given of federal action to directly regulate
4
See, e.g., State of Rhode Island v. Lead Indus. Ass'n, Inc., 951 A.2d 428, 446-47 (R.I. 2008) (dismissing public nuisance claim
against lead paint manufacturers because they no longer controlled the instrumentality that created the public nuisance).
5
See, e.g., Missouri v. Illinois, 200 U.S. 496 (1906) (interstate discharge of sewage); Georgia v. Tennessee Copper Co., 206 U.S.
230 (1907) (interstate air emissions).
6
See, e.g., City of Milwaukee v. Illinois, 451 U.S. 304 (1981) (passage of the Federal Water Pollution Control Act displaced
federal common law public nuisance actions for discharges into interstate waters).
7
While federal statutes cannot displace state statutory or common law claims, it can provide a basis to preempt inconsistent state
laws or state regulations in a field occupied by comprehensive federal legislation. See discussion infra at n.41.
8
The U.S. Congress refused to ratify the Kyoto Protocol or other international instruments to regulate greenhouse gas emissions
unless they included substantive limits on emissions from developing economies in China, Brazil and India. S. Fletcher, Global
Climate Change: the Kyoto Protocol, Congressional Research Service Report at 9-10 (updated June 10, 2004). The Bush
Administration also resisted efforts to compel the U.S. Environmental Protection Agency to regulate greenhouse gas emissions
under the existing federal Clean Air Act. See, e.g., memorandum from Robert Fabricant, U.S. EPA General Counsel, to
Marianne Horinko, Acting EPA Administrator (August 28, 2003) (reversing prior EPA legal opinion that EPA had authority
under Clean Air Act to regulate greenhouse gas emissions).
9
Even if the litigation failed, the public nuisance lawsuits would also draw valuable public attention to the federal government' s
policy decision not to regulate greenhouse gas emissions under existing environmental statutes.
3
greenhouse gas emissions, the risk of or preemption of these suits appeared low. The availability
of injunctive relief the prospect of direct action to limit emissions without the complexity or
delay of implementing a broad-ranging set of laws or regulations.
On the other hand, the broad-ranging nature of climate change public nuisance actions
posed significant risks. As a threshold matter, the federal courts would require plaintiffs from
climate change to demonstrate that they presented a "case or controversy” under Article III of the
U.S. Constitution10 Most often, this standard required 4l0w that they had standing to assert their
claims. While standing doctrines in the have defied concise formulation, the U.S. Supreme Court
has typically required to prove standing by showing they had suffered injury to a concrete and
legal interest caused by an action fairly traceable to actions of the defendant. In favorable decision
by the court must be able to redress the injury.11 These requirements meant that plaintiffs
bringing climate change public nuisance the daunting challenge of showing their injuries from
global climate change were" to emissions of a particular defendant. In addition, the plaintiffs had
to show that the court would redress their injury - even though that injury might result from
actions of global greenhouse gas emissions from sources far outside the courts' jurisdiction.
Second, the sweeping breadth of climate change concerns made it difficult for a federal or
state court to act without potentially setting a precedent that might affect emitters of greenhouse
gases in thousands of other industry sectors or impact the interests of potentially millions (if not
billions) of possible plaintiffs. As a result, federal courts understandably initially reached for
doctrines of justiciability - in particular, the political question doctrine – to the change public
nuisance actions under federal common law.
Under the political question doctrine, federal courts could decline to hear cases that
questions uniquely suited for the political branches rather than judicial branch. U.S. Supreme
Court explained that the federal courts should use six independent tests to identify the existence
of a political question:
[1] a textually demonstrable constitutional commitment of the issue to a coordinate
political department; or
[2] a lack of judicially discoverable and manageable standards for resolving it; or
[3] the impossibility of deciding without an initial policy determination of a kind clearly
for non-judicial discretion; or
[4] the impossibility of a court's undertaking independent resolution without expressing
lack of respect due to coordinate branches of government; or
[5] an unusual need for unquestioning adherence to a political decision already made; or
10
U_S CONST. Art. III, Section 2.
11
R. Craig, Standing and Environmental Law: An Overview, FSU COLLEGE OF LAW PUBLIC LAW RESEARCH PAPER
No. 425 at pp. 2-13 (Jan. 2009).
4
[6] the potentiality of embarrassment from multifarious pronouncements by various

departments on one question.12
A case becomes non-justiciable if it cannot meet any one of these tests. Within this rubric,
public nuisance climate change cases could face challenges based on (i) the difficulty of
formulating a standard to resolve climate change nuisance claims arising from broad swaths of
industrial activity around the globe that affected sweeping classes of clients, (ii) the deep policy
implications of any decision by the court, and (iii) the risk of conflicting decisions and directives
from multiple courts and government agencies.
These dynamics drove the three major climate change public nuisance cases that the federal
13
courts have addressed so far. Each of these cases posed differing circumstances which
highlighted different strengths and weaknesses of federal common law public nuisance actions for
climate change damages.
Connecticut v AEP. This case centered on claims against five electric power companies by
twelve states, a municipal government and three environmental advocacy groups, and the
complaint alleged that emissions from the defendants' coal-fired power plants had contributed to
climate change in a way that damaged each state. For example, the states alleged that climate
change would cause increased health costs from medical conditions worsened by heat waves, loss
of coastal property owned by the state due to rising ocean levels, and exacerbated damages from
weather worsened by climate change. The states did not seek monetary compensation for the
damages, and they instead asked the court to issue an injunction that would force the defendants
to begin reducing their greenhouse gas emissions annually over a ten-year period.
The district court, after extensive briefing and oral argument, ultimately dismissed the
complaint because it posed a political question14. The Second Circuit Court of Appeals, however,
reversed the district court and held that the states had standing to pursue their claims15. The
Second Circuit also ruled that the claims did not pose a political question, and that the difficulty
of establishing a causal connection between the defendants' emissions and global climate change
16
effects on the states could be resolved at trial .
The U.S. Supreme Court granted certiorari to review the Second Circuit decision, and it
17
issued a ruling on June 20, 2011 . That decision is discussed below.
12
Vieth v. Jubelirer, 541 U.S. 267, 277-78 (2004) (quoting Baker v. Carr, 369 U.S. 186, 217 (1962)).
13
This list excludes a fourth public nuisance climate change case that the parties resolved through settlement before the Ninth
Circuit completed its review of the claim. State of California v. General Motors Corp., No. C06-05755-MJJ (N.D. Calif. Sept.
17, 2007) (trial court dismissal of claim on political question grounds); appeal voluntarily dismissed (June 2009).
14
406F. Supp.2d 265 (S.D.N.Y. 2005).
15
582 F.2d 309 (2d Cir. 2009).
16
Id.
17
See discussion supra at n.1.
5
Corner v. Murphy Oil Co. Ned Comer and other individual residents of the coastal state of
Mississippi brought a class action lawsuit against numerous defendants in the oil and gas, coal,
refining and chemical industries. Comer alleged, among several other claims, that the defendants'
greenhouse gas emissions had contributed to climate change effects and thereby worsened the
18
damage wreaked by Hurricane Katrina . Rather than injunctive relief, the plaintiffs sought a
19
monetary award to compensate them for their damages .
Like the Connecticut v. AEP trial court, the Comer district court initially dismissed the
complaint because it posed a political question. The court ruled from the bench that the
plaintiffs' claims would require an initial determination on the appropriate levels of greenhouse
gas emissions which could constitute a policy determination uniquely suited for the political
20
branch . The court also pointed out that conflicting determinations by federal courts on
greenhouse gas emissions could undermine the executive branch's attempts to craft a coherent
position when negotiating with other states on potential climate change treaties or international
agreements21.
In a panel decision, the Fifth Circuit Court of Appeals initially reversed the trial court and
held that the plaintiffs could proceed with their claims22. Unlike the Second Circuit, however, the
full Fifth Circuit then decided to review the panel decision en banc. The decision to grant en
23
banc review automatically vacated the panel decision . When the Fifth Circuit subsequently lost
its quorum due to late recusals by several judges, it could not proceed with the en banc review -
but the court's vacated of the panel decision remained in effect24. As a result, the Fifth Circuit
essentially deprived itself of any ability to review the trial court's decision. The trial court's initial
dismissal of the complaint therefore remained in effect25.
The Comer story is still not yet finished. After the Fifth Circuit failed to review the trial
court's decision, the plaintiffs filed a renewed complaint in the district court to reassert their
claims26. The trial court has not yet taken action on the new complaint, and the recent U.S.
Supreme Court decision in Connecticut v. AEP will undoubtedly lead the trial court to
reexamine its original decision to dismiss the case.
Village of Kivalina v. Exxon Mobil. The Village of Kivalina sits on the western coast of
Alaska by the Arctic Ocean, and its residents (mostly Inupiat natives) rely on permafrost and
18
Original class action complaint, Corner v. Murphy Oil, U.S.A., Inc., No. 1:05-CV-00436-LTS-RHW
19
Id.
20
Order Granting Defendants' Motion to Dismiss, Corner v. Murphy Oil U.S.A., Inc., Civ. No. 1:05-CV- 436-LG-RHW (S.D.
Miss. Aug. 30, 2007).
21
Id.
22
Comer v. Murphy Oil USA, No. 06-60756, slip op. (5th Cir. Oct. 16, 2009), revised Oct. 22, 2009.
23
Comer v. Murphy Oil USA, No. 07-60756, 2010 WL 2136658 at *4 (5th Cir. May 28, 2010).
24
Id.
25
On Jan. 11., 2011, the U.S. Supreme Court declined to review the case and dismissed the plaintiffs' petition for mandamus to
force the Fifth Circuit to take action on the appeal. In re Corner et al., No. 10-294(2011).
26
Class action complaint, Corner v. Murphy Oil USA, Inc., No. 1-11-CV-220-HSO-JMR (S.D. Miss.) (filed May 27, 2011).
6
winter pack ice to protect their shoreline and to mitigate the effects of winter storms. Rising
temperatures allegedly due to climate change had exposed their village to increased erosion and
infrastructure damage. This erosion threatens to render the village uninhabitable in as little as ten
years, according to an estimate from the U.S. Army Corps of Engineers27.
The tribal government sued nine oil companies, 14 power companies and a coal company,
and its complaint alleged that their emissions had contributed to climate change which had
reduced the village's protective ice pack and permafrost. Rather than request an injunction to
reduce future emissions, the Village of Kivalina sought a monetary award for general damages
28
and to recover the costs they would incur in moving the village to a safer location . The cost of
29
relocating the village may reach $400 million .
As in Connecticut v. AEP and Comer, the trial court dismissed the complaint because it
30
raised a political question that fell outside the court's jurisdiction . The Ninth Circuit has the
case on appeal, but it postponed briefing and arguments pending the U.S. Supreme Court's
ruling in Connecticut v. AEP. The Ninth Circuit has now set a deadline in early July 2011 for the
parties to complete their initial briefing submissions, and the plaintiffs recently moved for
31
permission to file extended supplemental briefs .
The Supreme Court Speaks: Connecticut v. American Electric Power
In response to the growing split between the circuits and the high profile of these decisions,
the U.S. Supreme Court stepped in to review the Second Circuit's ruling in Connecticut v. AEP
The Court's unanimous ruling will substantially alter the framework for future climate change
litigation.
In effect, the Court issued two decisions. First, the Court split evenly in a 4-4 vote32 that
the states had standing to bring their claims and that the claims did not pose non-justiciable
political questions. Justice Ginsberg noted in a brief section of the opinion that the plurality
believed that the states had standing under the precedent set by the Court's prior opinion in
Massachusetts v. EPA, and the lack of a five-vote majority meant that the Court could not issue
an opinion to reverse the Second Circuit's panel ruling33. The Court did not explain why it felt
that the states' claims did not pose a political question.
The Court spoke with a resoundingly unanimous voice, however, to dismiss the states'
27
Alaska Native Villages: Most are Affected by Flooding and Erosion, but Few Qualify for Federal Assistance, U.S. General
Accounting Office, GAO-04-142 (Dec. 2003) at p. 1 ("GAO Report").
28
Complaint for Damages and Jury Trial, Village of Kivalina v. ExxonMobil Co., No. CV-08-1138 (N.D.Cal. Feb. 2008).
29
See GAO Report, supra n.27, at 29.
30
Native Village of Kivalina v. ExxonMobil Corp., 663 F.Supp.2d 863 (N.D. Cal. 2009).
31
Appellants' Motion to Lift Stay of Proceedings and Allow Supplemental Briefing, Native Village of Kivalina v. Exxon Mobil
Corp., No. 09-17490 (9th Cir. filed June 24, 2011).
32
Justice Sotomayor recused herself because she participated in the Second Circuit panel that heard the original Connecticut v.
AEP appeal prior to her elevation to the U.S. Supreme Court. Connecticut v. AEP, supra n.1 at 6, 16.
33
Id. at 6.
7
complaint because their common law public nuisance claims had been displaced by the federal
Clean Air Act34. According to Justice Ginsberg, the Court had previously ruled that the Clean Air
Act gave EPA the authority (and, in some respects, the obligation) to take regulatory actions on
35
greenhouse gas emissions . Because Congress had expressly granted EPA the authority to regulate
greenhouse gas regulations in the Clean Air Act, that legislative action displaced any prior federal
common law public nuisance claims that might have applied to interstate greenhouse gas
emissions36. Notably, Justice Ginsberg pointed out that the displacement occurred when
Congress passed the Clean Air Act, and EPA's subsequent decisions to regulate (or not)
37
greenhouse gas under the Act did not affect the original displacement .
Last, the Court expressly did not rule on whether Congress' passage of the Clean Air Act
38
also preempted public nuisance common law claims under state law . Justice Ginsberg simply
observed that the Court did not address the issue because the parties had neither briefed nor
argued the question before the Court.
The Connecticut v. AFT decision decisively forecloses the federal courts to public nuisance
climate change claims under federal common law that outcome, however, does not necessarily
foreclose all climate change public nuisance cases in the future. First the Court's rationale that
the Clean Air Act reflects a legislative determination to displace federal common law nuisance
means that Congress can also undo its decision. Bills introduced in the last two sessions of
Congress would strip EPA of its authority to regulate greenhouse gas emissions under the Clean
39
Air Act . If Congress narrows the scope of the Clean Air Act to exclude greenhouse gases, then
the Act arguably would no longer displace federal common law. This conclusion assumes, of
40
course, that Congress does not expressly bar climate change nuisance litigation in the same Act .
Second, the Court's express caveat for state law climate change nuisance actions may
foreshadow significant action in the state courts. If plaintiffs cannot base their claims on federal
common law, they may instead turn to state tort law for similar claims. These claims may even
proceed in federal courts if the plaintiffs base their claims on the federal court's diversity
jurisdiction. This path assumes, of course, that the plaintiffs can still meet federal standards for
34
Id. at 10.
35
42 U.S.C. § 7401 et seq. (2011).
36
Connecticut v. AEP, supra n.1 at 9-10 .
37
Id. at 12.
38
Id. at 15. Displacement removes subjects from the reach of federal common law after Congress has taken action, and the federal
courts readily find displacement because of concerns rooted in separation of powers. Erie R. Co. v. Tompkins, 304 U.S. 64, 78
(1938 ("[t]here is no federal general common law"). By contrast, a finding of preemption requires a negation of state law and
infringement on a state's sovereignty, so the federal courts must satisfy a more stringent standard.
39
See, e.g., H.R. 6561 (111th Cong. 2d Sess.) (introduced by Rep. Ted Poe) (barring EPA from using any funds to implement
greenhouse gas regulations under the federal Clean Air Act).
40
Several bills include precisely that language. A statutory attempt to foreclose climate change nuisance actions, however, may
raise federal constitutional concerns if it shuts down such suits already underway in the federal court system. See Complaint in
Comer v. Murphy Oil Co., supra at n.26 (new complaint by Comer plaintiffs to allege federal and state common law claims for
climate change damages).
8
standing and political question justiciability if they seek relief in the federal courts. Even if they
cannot meet federal thresholds, state courts are not bound by the U.S. Supreme Court's decisions
on standing or justiciability. As a result, state courts frequently use less stringent standing tests
and exercise jurisdiction over claims that might trigger political question objections in a federal
court41.
Even if federal law cannot displace state tort claims, it can still preempt conflicting state
laws. While the standard for demonstrating preemption is more demanding than showing
displacement, at least one federal court of appeals has concluded that the federal Clean Air Act's
comprehensive grant of authority to EPA to regulate air pollutants preempts any state tort actions
for interstate air pollution. In North Carolina v. Tennessee Valley Authority42, North Carolina
brought a diversity action in federal district court because emissions from eleven coal-fired power
plants operated by TVA in Tennessee had allegedly caused a public nuisance across state lines in
North Carolina43. When the federal district court ruled that the power plants created a public
nuisance under Tennessee law, it relied on North Carolina tort law to guide its interpretation of
Tennessee's tort law and to rule in favor of North Carolina. The Fourth Circuit reversed the
district court's verdict and declared in sweeping language that the Clean Air Act effectively
preempts any state law tort action which sought to impose interstate liability for emissions
authorized by a program under the federal Clean Air Act44.
North Carolina has petitioned the U.S. Supreme Court to review the Fourth Circuit's
decision, and the Court has extended the deadline for responses to North Carolina's petition
until July 201145. If the Supreme Court grants certiorari and subsequently adopts the Fourth
Circuit's interpretation of the Clean Air Act's preclusive effect, the future for any type of public
nuisance tort action under state or federal law will look bleak indeed.
U.S. Public Nuisance Climate Change Litigation and Public Interest Litigation in India
At first glance, U.S. climate change public nuisance litigation offers intriguing parallels to
environmental legal innovations in Indian environmental law. Upon closer examination,
however, the two legal devices diverge in important ways that highlight how attempts to litigate
climate change damages in the Indian courts might differ from U.S. public nuisance litigation.
Given the complexity and rich history of public interest litigation in India, this essay can only
briefly scratch the surface of some potential areas of potential difference and similarity for
comparison.
41
T. Hester, Local Laws, Global Challenge? Using State Law for Public Nuisance Climate Change Actions (in publication, 2011).
42
North Carolina ex rel. Cooper v. Tennessee Valley Authority, 615 F.3d 291 (4th Cir. 2010) ("North Carolina v. TVA").
43
North Carolina v. Tennessee Valley Authority, 593 F. Supp.2d 812 (W.D.N.C. 2009).
44
North Carolina v. TVA, supra n. 42, at 306-07 ("Mlle decision below does little more than mention the black letter nuisance
law of Alabama and Tennessee on its way to crafting a remedy derived entirely from the North Carolina Act").
45
Order Further Extending Time to File Response to and Including July 6, 2011 For All Respondents, North Carolina v.
Tennessee Valley Authority, No. 10-997 (U.S. June 1, 2011) available at: http://www.supremecourt.gov/Search.aspx?
FileName=ldocketfiles/10-997.htm.
9
The Indian judiciary has garnered international attention and praise for its expansion of
judicial remedies to aid the poor and disenfranchised46. The creation of public interest litigation
is one of its most visible achievements. This unique type of litigation allows private plaintiffs to
seek judicial redress for violations of fundamental constitutional rights, including violations of
the fundamental constitutional right to a healthy environment. Public interest litigation typically
targets government institutions who fail to protect such fundamental rights, but the litigation
clearly also directly involves and affects private defendants who engage in actions that the
government allegedly failed to control or promote. The key facets of public interest litigation
include:
· Relaxation of standing requirements so that plaintiffs need not satisfy typical burdens
of proving injury, causation or redressability;
· A willingness of the Indian courts to order the executive branch to undertake

discretionary functions that normally fall outside the scope of judicial review;
· An allowance of representation by proxy, where a person with "sufficient interest"

can seek judicial review on behalf of poor and vulnerable segments of the general
population.
Indian public interest litigation has served a particularly important role with environmental
47
challenges , including successful lawsuits to protect the Taj Mahal from emissions from coal and
48
coke plants, to control tannery discharges into the Ganges River , to impose tighter controls and
49
location standards on Delhi's hazardous industries , to restrict pollution from mass transit
50 51
vehicles , and to halt destruction diversions of rivers .
Despite this history, the Indian courts apparently have not yet received a significant tort
52
claim nor issued a judgment on a climate change damage claim . Given the aggressive litigation
efforts by environmental advocates in the United States and other nations to force governmental
46
The Indian courts have developed a rich body of environmental law, including confirmation of a right to a clean environment
within the fundamental constitutional right to life contained in Article 21, reducing ripeness barriers for environmental
challenges, and the expansion of mandamus powers to include discretionary acts and to institute "continuing mandamus" D.
Badrinarayana, The Emerging Constitutional Challenge of Climate Change: India in Perspective, Chapman University School
of Law Legal Studies Research Paper Series No. 09-26 at pp. 30-31, available at http://papers.ssrn.com/sol3/
papers.cfrn?abstract_id=1463556 (last checked June 26, 2011).
47
M.C. Mehta v. Union of India, 2 S.C.C. 353 (1997).
48
M. C. Mehta v. Union of India, 6 S.C.C. 63 (1998).
49
50
M. C. Mehta v. Union of India, 4 S.C.C. 359 (2002); M.C. Mehta v. Union of India, 6 S.C.C. 12 (1999).
51
52
Hon. Justice B. Preston, Chief Judge of Land and Environment Court, New South Wales, Climate Change Litigation,
PRESENTATIONS TO JUDICIAL CONFERENCE OF AUSTRALIA COLLOQUIUM at 19 (Oct. 2008) ("[w]hilst there
have been a number of actions [in India], based on constitutional rights to life, addressing the effects of air pollution, there has
not yet been litigation focused on [greenhouse gas] emissions or climate change, although there is the potential") (internal
citations omitted). See also M. Gerrard and J. Chen, Non-U.S. Climate Change Litigation Chart at 14
("Cases by Country"), available at http://www.law.columbia.edu/ centers/ climatechange (last checked June 26, 2011).
10
action or recover damages for climate change effects, the lack of activity in one of the world's
most noted and active courts for environmental jurisprudence is notable.
U.S. climate change public nuisance litigation adopts some procedural and jurisdictional
tactics that echo important facets of Indian public interest litigation. For example, the U.S.
Supreme Court has declared states may possess a special status that grants them standing to
pursue claims for climate change damages to their natural resources and citizens. In Connecticut
v. AEP, the plurality briefly noted that the Court's prior decision in Massachusetts v. EPA
53
supported the standing of states to bring climate change claims in federal courts . While
Massachusetts v. EPA focused on a challenge to EPA's failure to undertake regulation of
greenhouse gases under the Clean Air Act, the Connecticut v. AEP court's ready adoption of the
case for a public nuisance claim might reflect a broader willingness of the Court to examine the
standing of states with a more deferential eye.
While this flexibility appears to parallel the Indian courts' expansive view of standing in
public interest litigation, fundamental differences nonetheless divide their approaches. Indian
public interest litigation loosens standing requirements so that private claimants – namely, the
poor and vulnerable segments of Indian society - can more readily bring their claims against
54
government entities for violating their fundamental constitutional rights . By contrast, the
Connecticut v. AEP decision upholds a special standing rule that appears to apply primarily to
states rather than individuals injured by climate change. While the U.S. Supreme Court expressly
did not rule on whether private individuals can satisfy standing requirements to bring climate
change nuisance claims,55 the Connecticut v. AEP decision's emphasis on the governmental
nature of the plaintiffs likely signals the Court's unwillingness to venture past This narrow
exception in standing doctrine until the Court squarely faces the issue in a future case.
Second, Indian public interest litigation may provide a broader set of remedies than U.S.
public nuisance litigation, and those remedies would serve a different goal. While the state
plaintiffs in Connecticut v. AEP sought an injunction to limit future greenhouse gas emissions by
the defendants, U.S. common law public nuisance actions typically seek monetary awards from
private defendants who contribute to the nuisance. For example, the Comer lawsuit sought a
substantial monetary verdict from the power company defendants, and Kivalina included a
request for monetary payment to cover the costs of relocating the village away from the Alaskan
56
shoreline . Attempts by a U.S. federal court to issue a broad injunction to constrain greenhouse
53
Connecticut v. AEP, supra n.1, at 6 ("[f ]our members of the Court would hold that at least some plaintiffs have Article III
standing under Massachusetts, which permitted a State to challenge EPA's refusal to regulate greenhouse gas emissions. . . ")
(emphasis added).
54
M. Faire and A.V. Raja, Effectiveness of Environmental Public Interest Litigation in India: Determining the Key Variables, 21
FORDHAM ENVT'L L. REV. 239, 265 (2010) (expanded standing can include “representative standing" to represent the poor
and underprivileged, or "citizen standing" where the government fails to act or acts abusively).
55
Connecticut v. AEP, supra n.1, at 8 [w]e have not yet determined whether private citizens (here, the land trusts) or political
subdivisions (New York City) of a State may invoke the federal common law of nuisance to abate out-of-state pollution").
56
See discussion supra at nn.19, 28-29.
11
gas emissions by large numbers of parties or by significant industrial facilities on a long-running

basis would almost certainly spur legal challenges under the political question doctrine. By
contrast, Indian public interest litigation frequently centers on the issuance of broad writs of
mandamus or other equitable relief that require governmental agencies to take actions to halt or
alleviate violations of fundamental constitutional rights57.
Last, recent pronouncements by the Indian Supreme Court may reflect a growing concern
with the need to balance environmental rights with national priorities for economic
development. For example, the Court has shown less willingness to assume that any violation of
an environmental norm automatically results in environmental damage or requires a judicial
response.58 If the Indian judiciary displays a greater willingness to defer to State agency
evaluations of possible environmental damage, it might parallel the U.S. courts' increasing
deference to expert administrative agency judgments where Congress has delegated authority to
the agency to make that judgment either through an express delegation or by legislative
59
ambiguity and silence . Such deference would raise additional barriers to broad-ranging lawsuits
that challenge governmental climate change policies and actions.
Conclusion
The U.S. courts have become an active forum for climate change litigation. These lawsuits
rely on existing statutory rights and traditional common law actions that plaintiffs have adapted
to the new challenges of climate change. As a result, the federal courts have looked to long-
standing precedents on standing, justiciability and displacement or preemption doctrine to help
manage and guide the growing tide of litigation. The U.S. Supreme Court's recent decision in
Connecticut v. AEP emphasizes the federal courts' reluctance to stray outside traditional norms
when crafting responses to these claims except in narrow areas (such as standing and political
question standards for state plaintiffs). While claimants under state tort laws or in state court
systems may have greater flexibility and less daunting barriers, they nonetheless will have to do
the hard work of adapting existing common law and statutory causes of action to support novel
claims which raise broad-based damage claims and evoke difficult questions of effective judicial
57
Indian public interest litigation's focus on equitable relief should not obscure the courts' ability also to award damages to
plaintiffs injured by environmental damages caused by private defendants. The Indian courts have awarded substantial punitive
damages against private actors who infringe fundamental constitutional rights by causing environmental damage. M.C. Mehta
v. Kamal Nath, WP182/1996 (2002) ("Rifle powers of this Court under Article 32 are not restricted and it can award damages in
a PIL or a Writ Petition as has been held in series of decisions. In addition to damages aforesaid, 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").
58
Research Foundation for Science Technology and Natural Resource Policy v Union of India, 2007 (11) SCALE 75 (2007)
(favoring continuance of ship breaking industry subject to protections); Deepak Nitrite Ltd. v State of Gujarat, 6 S.C.C. 402,
407 (2004) (failure to comply with environmental requirements did not automatically e "demonstrate the environmental
damages would results); Essar Oil Ltd. v Halar Utkarsh Samiti, 2 S.C.L. 392, 408 (2004) (Court deferred to State's
determination of environmental damage caused by construction of pipeline);
59
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).
12
remedies.
By contrast, the Indian judiciary has already blazed that trail by creating innovative new
procedural and substantive vehicles to protect the rights of broad classes of individuals who suffer
broad and attenuated injuries to public rights caused by the actions of both governments and
private defendants. Those procedural tools, however, have not yet fostered new litigation in the
Indian court system to seek damages or injunctive relief based on climate change damages. If
U.S. climate change public nuisance litigation ultimately yields significant verdicts in the future,
the Indian judiciary may soon see requests for relief that adapt India's rich tradition of
environmental judicial action to possible climate change damage claims.
13
His Excellency the Vice President of India M. Hamid Ansari with Hon'ble Mr. Justice P. Sathasivam the then
Chief Justice of Supreme Court of India, with Hon'ble Mr. Justice R.M. Lodha, Chief Justice, Supreme Court of
India with Hon'ble Mr. Justice Swatanter Kumar, Chairperson, National Green Tribunal at Inauguration of
National Green Tribunal at Faridkot House on 18th October, 2013
ENVIRONMENT, RULE OF LAW AND EMERGING PRINCIPLES

Justice Baidya Nath Upadhyay
Supreme Court, Nepal
baidyanath1@gmail.com
Abstract
The paper explains delicate relation between man and environment and importance of all
living creatures and biodiversity. It briefly explains the consequences of over-exploitation of
environmental components such as loss of biodiversity and genetic diversity, depletion of ozone
layer resulting in global warming, pollution resulting in health problems, unmanageable spread
of toxic waste etc. A brief explanation on important services provided by environment and how
environment take revenge of dis-balancing it. A brief explanation on important principles, which
are relevant to environmental jurisprudence is provided. Several initiatives at national level in
Nepal and at international level in South-East Asia are presented. Some of the land-mark
judgments by the Supreme Court of India and Supreme Court of Nepal are briefed. Importance
of precautionary principle, polluter pays principle and sustainable development in environmental
jurisprudence is explained.
Environment is the source of pleasure and treasure and at the same time it is the source of
terror and agony. Earth is full of resources and that is not only for human beings, but also for use
to all animals and to plants as well. Normal and usual use of resources is no problem but, the
excessive use to which the nature could not sustain and ultimately unbalances the whole
ecosystem. Subsequently, excessive use of natural resources results in excessive waste or pollution,
so much that the nature could not absorb or make harmless or purify it. Thus, excessive use of
natural resources has multiple adverse impacts on the ecosystem. If nature could not get justice
then it decides itself which is very hazardous, painful, brutal, merciless etc. So, to give justice
towards nature is ultimately having justice to ourselves. Therefore, environmental rule of law has
to be implemented whenever the question of use of natural resources comes up.
Thus, the conservation of Environment is concern of everybody and the word “everybody”
included us, judges also. Therefore, it is our professional obligation to secure environmental
justice and is also a bounden duty towards the people, not only to the current generation but also
to the generation to come in future. We are also consumer and user of a healthy environment
and by protecting its sacredness we protect our own interest and the interest of our children and
17
grandchildren as well.
Environment provides us a large number of services, which are very important for our very
survival. Since, we are part of the environment, our natural habits and behavior in a way also
serves the environment. This symbiotic relation between animal and plant kingdom along with
abiotic matters, balances the ecosystem and provides healthy environmental conditions. The
excessive use of the environmental components without giving back any service to it will dis-
balance it, which may lead to a number of environmental challenges such as loss of biodiversity
and genetic diversity, depletion of ozone layer resulting in global warming, pollution resulting in
health problems, unmanageable spread of toxic waste etc. One can blame the environment for
such consequences, but in reality the environment could not sustain the unbearable exploitation
by human beings and resulted in that way. Hence, it is the man, who is the main cause for such
serious environmental consequences. There is clearly a human foot print in deteriorating our
environment, in the name of “development”. The human infrastructures are ruining the strength
and beauty of natural environmental components, and the services that they have been providing
us.
Alarming situation of environment pressurized to have the environmental discourse firstly
among scientists, then economists, and then lawyers and other social actors. The evolution of
environmental law and justice should therefore be taken as a common initiative of all responsible
actors from all sectors. It is now over 40 years since the first mile stone, Stockholm Conference,
that we have been constructively engaged in the development of environmental law at the
international, regional and national level. International legal instruments such as the Ramsar
Convention, Biodiversity Convention, Convention on Climate Change etc. are the signpost of
our journey. I believe that it is a common pursuit that we should pursue further, till the time we
successfully arrest environmental damage and secure a better environment for us and for our
children.
Coming to the rule of law, this one common junction where judges and other policy
makers meet. Even though the rule of law as a concept was developed in the national context,
owing to growing internationalism in the economic, legal and human rights sector, the notion of
rule of law has acquired a new orientation and dimension, in the form of the "rule of
international law". It is this rule of law and the principles underlining it we often refer at the
domestic level. A number of principles cohabiting the environmental legal discourses at the
domestic and international level are creation and common reference points of all judges, lawyers,
and other policy makers. Just to take an example, the principle of sustainable development was
first underlined in the Brundtland report2 in the 1980s, which has become very popular principle
among jurist. Similarly, Philippine Supreme Court that enunciated the principle of intra and
inter-generational justice in the case of Juan Antonio Oposa and others Vs. The Honourable
2
Bhattarai,A.M.,2010,Protection of Himalayan Biodiversity; SAGE,pp.331
18
Fulgencio S. Factoran and another (July 30, 1993)3, which later on popularized in the
international level. Likewise, the "principle of public trust" though very much germane in the
Roman law, coherently developed by Prof. Joseph Sax4. This doctrine became popular in this
region, when the Indian Supreme Court further expounded it as a judicial principle by a
landmark decision in the case of M. C. Mehta vs. Kamal Nath and Others (13 December 1996).
Likely, Nepalese court is seen very positive toward these principles, whether the approach of rule
of law is formal or substantive. The substantive approach like “locus standi” has been seen some
time diluted when the benefit for the large mass of people or environment comes up. There was
no right to clean environment, neither in the Constitution nor in the Act, but the Supreme
Court held in its decision that, “right to life includes right to clean environment.”5 Similarly, the
directive principle of the Constitution could not be enforced as per the Article 24(1) of the
constitution of kingdom of Nepal. But, the Supreme Court in its decision concerning enforce
ability of the policy mentioned on the directive principles of the state, held that, “policy
6
mentioned in that part cannot be ignored.”
There are other principles such as the precautionary principle, polluter pays principle,
frequently used by judges, lawyer and other at all levels. All of these principles are now
considered as settled laws in our respective jurisdictions. There are a few other emerging
principles, or principles that are yet to be used by domestic courts at least in South Asia.
As such the Courts in South Asia have maintained a kind of web-length in evolving activist
jurisprudence, and employment of international law, and principles in matters relating to
environmental justice. The decisions are generally informed by principles such as the principle of
sustainable development, the principle of intra-generational and intergenerational equity, the
principle of public trust, precautionary principle and the polluter pays principle. However, there
are a few other principles which are yet to come to the judicial radar. One of them is the
"principle of common but differentiated responsibility". Though inscribed in the context of
developed and developing countries in the CBD and the Rio Declaration7, it is a principle that
can and should be employed in the context of trans-boundary, and regional environmental
problems such as biodiversity loss, attack or spread of alien species, mitigating the impact of
climatic extremes or trans-boundary pollution. Very clearly, the principle could be extrapolated
to protect mountain communities, provinces, states and regions vis-à-vis low land and
urban/industrial communities, provinces and regions. At the community level it can be used to
3
Compendium of summearies of Judicial decisions in environment related cases(with special reference to countries in South
Asia.); Published by South Asia Co-operative Environment Programme(SACEP) and United Nations Environment
Programme(UNEP); Pp.117
4
Bhattarai,A.M.,2010,Protection of Himalayan Biodiversity; SAGE,pp.333
5
Surya Prasad Sharma Dhungel vs. Council of Ministers & others.NKP Silver Jubilee Special Issue, pp.169.
6
Prakashmani Sharma vs. Council of Ministers & others. NKP 2054 pp. 312.
7
Rio Declaration Principle 7; CBD Art 20.
19
impose more responsibilities on the social elites, business communities and industries for the
protection of minorities, peasants, women, pastoralists, animal breeders, hunters, gatherers etc.
Another principle that could be employed in the trans-border situation especially for the
conservation of regional issues such as the threat to biodiversity loss, or emission of ozone
depleting gases is the principle of regional cooperation. It emphasizes on national treatment,
reciprocity and trans-boundary cooperation. This principle is adopted by both Alps and
Carpathian Conventions. It is also engrained in Art 14 of the CBD. Adoption of this principle
can help embracing holistic notions such as unveiling of ecosystem approach, spatial and
adaptive planning and integrated management of biodiversity and environment. In more
concrete terms adoption of this principle could facilitate extensive agriculture, transhumance and
pastoral activities by removing cross-border hindrances.
Another important principle, yet to inhabit the judicial discourse is the emerging principle
of "accounting and payment of ecosystem services". It is now acknowledged that our natural
resources and other natural capitals provide ecosystem services such as modulation of air, rainfall
etc besides providing direct services in the form of food, forest, water and electricity. Besides the
natural capital, local people also provide ecosystem service. For instance, continuation with
certain life style creates benefits for others. The principle could be employed for creating
incentives to people to be engaged in activities such as terrace farming, forest regeneration, or
continuous farming of low yielding yet genetically diverse cropping or organic farming etc. The
Soil and Watershed Conservation Act of Nepal gives power to the authorities to ask peasants to
introduce or continue with certain types of agriculture or plant certain type of vegetation. But it
does not provide any incentive to them and instead it banks showing punishable legal
8
instrument . Adoption of the principle of accounting and payment of ecosystem service benefits
especially those eking out a living in the margin and mountains. Creation of local entitlement
and prevention of economic leakage through suitable legal and institutional mechanism are
attendant component of the principle and process under it. I think, we judges, lawyer and other
policy makers should think about internalizing these principles in the legal and judicial rules in
our respective jurisdictions.
Finally, I would like to emphasize that we may not have common problems and challenges,
but have a common future at stake. Therefore, we should forge closer collaboration to save our
mother earth and be saved from probable hazardous future.
8
The Soil and Watershed Conservation Act,1982, sec.6(2),21.
20
Court No. 1 National Green Tribunal,
Principal Bench, Faridkot House, New Delhi
CLEANING UP DIESEL EXHAUST IMPROVES

BOTH HEALTH & CLIMATE
World Bank Group,
Washington DC, U.S.A
sakbar@worldbank.org
Abstract
A brief over-view of health impacts of diesel related air pollution is explained in the paper.
The important benefits of reducing diesel emissions in terms of health and climate are
summarized. A new framework for assessment of cost and benefits is presented. The framework
broadens existing analytical approaches by estimating values for the social benefits of black
carbon mitigation for climate impacts as well as for health impacts. Under a World Bank study,
the framework was applied to four different project simulations: diesel engine retrofits in
Istanbul, Turkey; green freight in Sao Paulo, Brazil; fuel and vehicle standards in Jakarta,
Indonesia; and compressed natural gas buses in Cebu, Philippines. In all four cases, health
benefits dominated the cost-benefit calculus and, in two simulations, the benefits of the control
measures were enhanced by the climate benefits.
Introduction
Diesel engine exhaust has long been known to promote cardiovascular disease and lung
cancer. A new understanding of one of the components of diesel exhaust shows it is also a
powerful driver of climate change, with black carbon particles 3,200 times more damaging to the
climate than carbon dioxide in the near-term. By controlling the dangerous components in diesel
exhaust, as many OECD countries have done, we get co-benefits: reduced harm to both health
and climate.
“Addressing these emissions is a possible win-win. It's not only about health but potential
climate benefits as well,” said World Bank Senior Environment Specialist Sameer Akbar, who led
a new report examining the co-benefits of reducing diesel emissions for development and climate
action.
In the near term, reducing the amount of black carbon emitted into the environment can
slow the rate of global temperature increase.
A number of OECD countries have already cut these emissions dramatically. However, in
25
low- and middle-income countries, where the majority of all black carbon is emitted, emissions
are expected to grow as economies develop. Transportation accounts for nearly 20 percent of
global black carbon emissions and most of it is estimated to come from older diesel engines
without emission control equipment and using high sulfur diesel fuel in low- and middle-income
countries. These countries have the opportunity to learn from the experience of OECD countries
in reducing emissions, and achieve significant benefits for both climate and health.
To help decision makers estimate the benefits of diesel emission controls, the World Bank
has published a new study, Reducing Black Carbon Emissions from Diesel Vehicles: Impacts,
Control Strategies, and Cost-Benefit Analysis.
The study, conducted by the International Council for Clean Transportation, summarizes a
series of technical and policy options already demonstrated to cut the health and climate risks
from diesel emissions. It also introduces a new analytical framework to monetize the benefits of
black carbon emissions reduction.
Diesel Exhaust
In countries without adequate controls, diesel engines spew a toxic mix of small particles
known as particulate matter. These fine particles, which can be inhaled deeply into the lungs,
have long been known to harm health. The International Agency for Cancer Research, a UN
agency, has labeled them as carcinogenic. The American Heart Association has warned that these
particles can result in premature deaths and disability from cardiovascular events, including heart
attacks and stroke. The particles are also believed to trigger or exacerbate chronic bronchitis and
childhood asthma.
The health case against particulate matter is so solid that several industrialized countries
have taken steps to nearly eliminate it. Controlling dangerous diesel exhaust can be accomplished
in a number of ways including changing to cleaner fuels, requiring the use of specialized exhaust
filters, encouraging better engine design and even buying older vehicles, to send to scrap heaps,
or to replace them with cleaner vehicles.
Lately, climate researchers have focused on one of the components in fine particulate
matter, the particles of black carbon, a short-lived climate pollutant, or SLCP. A 2013 assessment
concluded that after CO2, black carbon is the second most important pollutant in the
atmosphere in terms of its global warming impacts in the near-term, and that diesel exhaust is
one of the predominant sources that are very rich in black carbon emissions.
A New Framework
All diesel emission controls produce benefits, but they also have costs. To aid countries in
choosing ways to control diesel emissions, the World Bank study introduces a new analytical
framework.
The framework broadens existing analytical approaches by estimating values for the social
benefits of black carbon mitigation for climate impacts as well as for health impacts.
26
Determining the social costs of black carbon is a piece of work in its early days, building on the
on-going work on the social cost of carbon, which is increasingly being used in OECD countries
to monetize the impacts of CO2 emissions.
In the World Bank's study, the framework was applied to four different project simulations:
diesel engine retrofits in Istanbul, Turkey; green freight in Sao Paulo, Brazil; fuel and vehicle
standards in Jakarta, Indonesia; and compressed natural gas buses in Cebu, Philippines. In all
four cases, health benefits dominated the cost-benefit calculus and, in two simulations, the
benefits of the control measures were enhanced by the climate benefits.
The framework is an early effort toward a more comprehensive assessment of the ways
sustainable development can contribute to multiple benefits, including toward climate
mitigation. For example, the framework could be broadened by adding other components, such
as loss of agriculture production and damage to ecosystems. It is a significant advance because it
allows for assessing the health and climate benefits of diesel black carbon emissions reduction
initiatives.
“We are now beginning to have the tools, the metrics, and the information to start
expanding the economic analysis to factor climate benefits of black carbon mitigation into the
cost-benefit equation,” Akbar said.
27
Central Courtyard, National Green Tribunal
NATIONAL GREEN TRIBUNAL OF INDIA

– A HISTORICAL PERSPECTIVE
Justice Dr. P. Jyothimani
Judicial Member, National Green Tribunal, New Delhi
p_jyothimani@yahoo.com
Abstract
The paper provided an evolutionary history of Environmental regulations in India. It
elaborated various provisions of Water Act, Air Act, Environment Protection Act and other such
regulations. The paper summarized in brief origin and establishment of National Green
Tribunal, its composition, powers, jurisdiction and functions. It highlighted the main principles
on which National Green Tribunal functions including the principle of sustainable development,
the precautionary principle and polluter pays principle. Finally it highlighted the observation of
Supreme Court of India on necessity and importance of an Appellate Tribunal like National
Green Tribunal with experts to decide complicated environmental disputes.
The 21st Century is globally visualized to be a period where mankind has to prepare to
meet adverse environmental consequences by the fury of nature and not by the fear of war. The
prolonged failure of mankind in not maintaining proper environmental and natural atmosphere
but on the other hand acting adversely against the interest of nature intentionally or otherwise is
the reason for such anticipation. Global warming with its enormous threatening to nature has
resulted in failure of monsoon, outbreak of unexpected and vigorous earthquakes, rising and
lowering of sea level, dismantling of glaciers situated in the highest altitudes in various places of
the world which are some of the serious warnings by the nature. The reasons are multifarious. To
mention a few, consistent deforestation and forest degradation, illegal destruction of natural
mountains for unlawful gain at the cost of nature, over exploitation of natural minerals by
indiscriminate mining activities, diversion of natural flows of river waters by various thermal and
other projects, over extraction of ground water resulting in drying of underground, preventing
natural recharging, pollution of fresh and marine water are few of the human negligence, apart
from climate change and loss of biological diversity. Therefore, this is the most appropriate
moment for the people of the world to develop proper awareness about nature and at least to
take certain measurers to mitigate the anticipated damages. The protection and improvement of
the human environment was considered to be a major issue which was an urgent desire of the
31
people of the world and duty of all Governments. It was globally felt that man's capability in
discovering, inventing, creating and advancing, if used wisely would enhance the quality of life
and if applied wrongly the same power of man can cause incalculable harm to human beings and
their environment. The man made wrongs were felt in many regions of the world resulting in
ecological imbalances and deficiencies, physical and mental harms to human health. The gap
between the developing countries and developed countries has widened. Therefore, it was felt
that a common effort must be taken for preservation and improvement of human environment.
With the above said view, the United Nations Conference on the Human Environment
th th
which met at Stockholm from 6 to 16 June, 1972 has made a significant declaration
illustrating various principles which include safeguarding natural resources of the earth, air,
water, land, flora and fauna to safeguard the present and future generation by undertaking
appropriate management, safeguard wildlife, control and regulation of the discharge of toxic
substances in the atmosphere, control pollution of seas, provide technological and financial
assistance to the under-developed for the damages caused by natural disasters, propagating
education in environmental matters, developing international law to provide compensations for
the victims of pollution and environmental degradation etc. India is a signatory to the
declaration.
Reaffirming the declaration of 1972 and in continuation of the same there was the United
Nations Conference on Environment and Development conducted at Rio de Janeiro from 3rd to
th
14 June, 1992 to which India is also a participant signatory. The principles enunciated and
accepted by the participating States in the International Conferences include the sustainable
development and higher quality of human life and directions to the States of the world to make
suitable environment legislation with effective access to the peoples to judicial and administrative
proceedings including redressal of remedies.
India, being not only signatory and effective participant in the above international
conferences, but as a faithful follower of the dicta laid down by the participating States of the
world has enacted many legislations.
Even though Water, the pollution of which causes enormous loss and damage to human
environment, in so far as it relates to India, it is basically the prerogative right of the State
Governments as it forms part of item no. 17 of List II (State List) of Schedule VII to the
Constitution of India, apart from maintenance of public health and sanitation which is again
incorporated as item no. 6 of the same list with the result, under Constitutional concept of
separation of powers, it is the eminent domain of the State Legislature. The only case of
exception in this regard is, “regulation and development of interstate rivers and river valleys to
the extent to which such regulation and development under the control of the Union is declared
by Parliament by law to be expedient in the public interest”, contained in item no. 56 of List I
(Union List) of Schedule VII of the Constitution of India. Article 252 of the Constitution of
India empowers Parliament to legislate, even in respect of State subject if two or more States
consent and pass resolutions in the State legislature that it is desirable to have a parliamentary law
32
applicable to States even though the Parliament would not have power to make such law
otherwise.
Accordingly, in respect of water pollution and constitution of Pollution Control Boards
both in the Centre and State, the State Legislature of Assam, Bihar, Gujarat, Haryana, Himachal
Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West
Bengal have passed resolutions. It was by giving effect to such State Legislations, the Parliament
passed a Central law namely, Water (Prevention and Control of Pollution) Act, 1974 to provide
for the prevention and control of water pollution and maintaining or restoring of wholesomeness
of water, to establish Boards for prevention and control of water pollution and for conferring on
such Boards various powers and functions. The said Act came into effect from 23.03.1974 to the
above said States and made applicable to other States which subsequently by resolutions adopted.
It is under the Act, the Central Pollution Control Board and State Pollution Control Boards with
provision for constitution, power and functions were created. These Boards are conferred with
the power to issue consent to establish and operate any industry which is likely to discharge
sewage or trade effluent into a stream, well, land etc. by imposing any conditions relating to the
process and treatment of such sewage before discharge, apart from many other functions which
include analysis of samples, revocation of consent, creation of comprehensive plan for
prevention, control or abatement of water pollution etc. Against the orders of the Board, the Act
provides for an appeal to the Appellate Authority to be constituted by the State or revision to
State Government.
Subsequently, by virtue of its powers, the Parliament has passed the Air (Prevention and
th
Control of Pollution) Act 1981 which came into effect from 29 March, 1981 for prevention,
control and abatement of air pollution and establishment of Board conferring various powers and
functions. The Central Pollution Control Board and State Pollution Control Boards constituted
under the Water (Prevention and Control of Pollution) Act 1974 are empowered to exercise
powers under the Air (Prevention and Control) Act 1981 which include the similar powers but
relating to prevention and control of air pollution, laying down the quality of air, declaring air
pollutant areas, restricting the activities of certain industrial plants, to assess air pollution, power
to take samples, analysis, issue consent, direction etc. Similar, to the Water (Prevention and
Control of Pollution) Act 1974, appeal is provided to the Appellate Authority constituted by the
State Government.
Before the creation of the National Green Tribunal, the orders of appellate authority under
the Water and Air Act have become final, with the result, a person aggrieved by such orders of
the appellate authority were entitled to invoke the extraordinary jurisdiction of the High Court
under Article 226 of the Constitution of India, by filing writ petition as there was no effective
alternate remedy available. Naturally the High Courts were imposed with additions burden of
docket explosion and by consequential delay, resulting in either detaining of projects or
prolongation of pollution of water or air, and the High Courts were over burdened with such
cases too.
33
It was in those circumstances and taking note of the fact, as it is seen in the Statement of
Objects and Reasons of the National Green Tribunal Act, the large number of environmental
cases pending in Higher Courts and the involvement of multi-disciplinary issues in such cases,
the Supreme Court of India requested the Law Commission of India to consider the need for
constitution of specialised environmental courts. The Law Commission of India, has accordingly
recommended setting up of environmental courts with both original and appellate jurisdiction to
deal with environmental matters. Pursuant to that, the National Green Tribunal Act, 2010 came
to be passed by the Parliament giving effect to the decisions taken in the above said United
Nations Conference declarations by virtue of the powers conferred on it, under Article 253,
which enables the Parliament to pass central law. Under the National Green Tribunal Act, 2010,
the Tribunal comprises of a full time Chairperson with qualification of either a sitting or retired
Judge of the Supreme Court of India or Chief Justice of a High Court. In addition, there can be
not less than but subject to maximum ten full time Judicial Members who may be either a sitting
or retired Judges of the High Court. The Tribunal also consists of not less than ten but subject
to maximum twenty, full time Expert Members whose qualifications are prescribed under
Section-5 (2) of the National Green Tribunal Act, 2010. The Judicial and Expert Members are
appointed on the recommendation of a Selection Committee.
The National Green Tribunal, thus constituted, exercises original powers under Section 14,
with jurisdiction to resolve all civil cases where a substantial question relating to environment is
involved and such questions must arise under any of the seven enactments enumerated under
Schedule I, namely The Water(Prevention and Control of Pollution)Act 1974, The
Air(Prevention and Control of Pollution)Act 1981, Water(Prevention and Control of Pollution)
Cess Act 1977, The Forest(Conservation) Act 1980, The Environment (Protection) Act 1986,
The Public Liability Insurance Act 1991 and The Biological Diversity Act 2002. The Tribunal is
also empowered to grant relief, compensation and restitution to the victims of pollution,
restitution of property damaged and restitution of environment as the Tribunal thinks fit. That
apart, the Tribunal is empowered to exercise appellate jurisdiction from the order of the appellate
authority under the Water and Air Act etc. as contemplated under Section 16. Consequently,
Section 33(A) and 31(B) of Water (Prevention and Control of Pollution)Act 1974, and
Air(Prevention and Control of Pollution)Act 1981, respectively were inserted by way of
amendment, empowering appeal to the National Green Tribunal from the orders of the
Appellate Authority.
The unique nature of the National Green Tribunal is not only that, it contains both
Judicial and Expert Members sitting together to decide the environmental issues, but they are
given equal participation so as to enable an appropriate legal decision blended with expert's
mind, so that the decision would be unique, real and actually giving solution to the
environmental issues with real requirements instead of deciding environmental issues only on
legal basis, and make it authentic and legally enforceable. The Act makes it very clear that the
decision of the National Green Tribunal is judicial in nature. This is made explicitly clear in
Section 19(5) which states as follows:
34
“(5) All proceedings before the Tribunal shall be deemed To be the

judicial proceedings within the meaning of Section 193, 219 and
228 for the purposes of Section 196 of the Indian Penal Code (45
of 1860) and the Tribunal shall be deemed to be a civil court for
the purpose of Section 195 and Chapter XXVI of the Code of
Criminal Procedure 1973 (2 of 1974)”.
The Tribunal is to apply the principles of sustainable development, the precautionary
principle and the polluter pays principle. Therefore, it enforces not only the decisions of the
International Conferences but also the above said celebrated principles propounded by the
Hon'ble Supreme Court of India. The Act is having an overriding effect with a non-obstante
clause under Section 33, apart from making a total bar on civil courts to exercise jurisdiction by
entertaining cases which are within the purview of the National Green Tribunal, as seen in
Section 29 of the Act.
The nature and function of the National Green Tribunal in India, especially when it
decides the validity or otherwise of the decision of the appellate authority under the Water and
Air Act are unique. While performing such judicial function, the Tribunal which consist of
experts as stated above along with the judicial members decides the validity of the order of
another expert appellate authority. In its turn, the appellate authority itself decides the
correctness of the decision of the statutory authorities functioning under the above said seven
Acts who are themselves experts in their own field. When the National Green Tribunal testifies
such appellate authority's decision, along with its own experts, certainly it is deemed to be the
third body in deciding environmental issues. In that way, the decisions of the National Green
Tribunal are bound to have more expertise value. It is in that way, as stated above, the National
Green Tribunal and its decisions are unique. It is also pertinent to note that as against the order
of the National Green Tribunal, an appeal lies only to The Supreme Court of India, on
substantial question of law, relating to environment which is similar to the powers granted under
Section 100 of the code of civil procedure.
While concluding, I intend to reproduce the opinion of the Hon'ble Supreme Court of
India regarding the necessity and importance of an appellate tribunal with Experts deciding
about the validity of the decision of another appellate forum of Experts. The said decision was
rendered in respect of the Central Electricity Regulatory Commission under the Electricity
Regulatory Commission Act, 1988 suggesting the same as found in the Telecom Regulatory
Authority of India, Act 1997. The Hon'ble Supreme Court of India in the words of Hon'ble
Justice Santosh Hegde observed as follows:
“Re: An effective appellate forum
We notice that the Commission constituted under Section 17 of the
1998 Act is an expert body and the determination of tariff which
has to be made by the Commission involves a very highly technical
35
procedure, requiring working knowledge of law, engineering,

finance, commerce, economics and management. A perusal of the
report of ASCI as well as that of the Commission abundantly proves
this fact. Therefore, we think it would be more appropriate and
effective if a statutory appeal is provided to a similar expert body, so
that the various question which are factual and technical that arise
in such an appeal, get appropriate consideration in the first appellate
stage also. From Section 4 of the 1998 Act, we notice that the
Central Electricity Regulatory Commission which has a judicial
member as also a number of other members having varied
qualifications, is better equipped to appreciate the technical and
factual question involved in the appeals arising from the orders of
the Commission. Without meaning any disrespect to the Judges of
the High Court, we think neither the High Court not the Supreme
Court would in reality be appropriate appellate forums in dealing
with this type of factual and technical matters. Therefore, we
recommend that the appellate power against an order of the State
Commission under the 1998 Act should be conferred either on the
Central Electricity Regulatory Commission or on a similar body. We
notice that under the Telecom Regulatory Authority of India Act,
1997 in Chapter IV, a similar provision is made for an appeal to a
Special Appellate-Tribunal and thereafter, a further appeal to the
Supreme Court on questions of law only. We think a similar
appellate provision may be considered to make the relief of appeal
more effective.”
((2002) 8 Supreme Court Cases 715

West Bengal Electricity Regulatory commission Vs. CESC Ltd.
SLP (C) No. CC 6293 of 2002 and SLP (C) No. CC 6307 of 2002.)
36
Central Lobby, National Green Tribunal
APPLICATION OF ECONOMIC PRINCIPLES TO

NATURAL RESOURCES– A COMMENTARY
By Dr. D.K. Agrawal
Expert Member, NGT
devendragrawal26@gmail.com
Abstract
The paper highlights the evolutionary history of economic thoughts on natural resources
management. The concept of sustainability and market based economy is elaborated in the paper. In
view of population explosion, changing value systems and indefinite accumulation of capital
through un-mindful expansion of economic activities resulted in severe ecological imbalance. Such
situation is becoming alarming and threatening the very existence of mankind and its sustainable
development. Thus there is a need for greater understanding on the inter-relationship between
structural and functional components of nature and its integration with economic principles.
Various indices on valuation of environmental damages and benefits due to reduction in pollution
have been explained. Some of the models used for economic evaluation of natural resources are
discussed. The most difficult task was to assign values to various components of nature in decision
making process. Various methods used to put monetary value for natural resources have been
highlighted in the paper. Finally, concept of sustainability, pollution index, social, social cost-benefit
analysis, biodiversity valuation has been briefly explained. Some case studies on the subject have been
presented.
Introduction:
The basic building blocks of economics show that it is a well-developed discipline, with
exhaustive theories on different natural system and social intricacies. Apart from major divisions of
economics of microeconomics and econometrics, the applied economics include labour, health,
monetary, experimental, developmental, environmental and ecological etc., economics in addition
to finance and law. This categorization is by no means universally accepted and even the economists
vary in their opinion in this regard. However, in the present endeavor, one is more concerned with
the branches of economics that address the concerns put forward by the other disciplines in terms of
effects and causes of various inter-linkages existing between economics and nature.
The developments in the economic thought process towards nature have been tremendous
41
in the last century. The concern has been genuinely brought out mainly by the coincidence of high
population density and high income. Had the population been limited, the nature would have been
able to absorb the effects; however the growing population has resulted in overloading the capacity. It
was in this context, that income became important because its distribution pattern directly affected
the utilization and consumption patterns. Problems relating to nature are in most cases highly
complex, multidimensional together with uncertainties and risks involved, therefore, adoption of
inter-disciplinary approaches is required. In economic terms, it meant involvement of even non-
monetary variables, where phenomena of irreversibility, commitment and other forms of inertia
were important feature. In addition to these variables, environmental concerns and interests related
to nature, which involves conflict of interests between different parties who often refer to different
perspectives, ideologies and values have further added to the non-monetary variables. The existence
of such competing and conflicting perspectives have resulted in diversification of further economic
thought processes relating to nature especially during latter half of twentieth century. This period
marked the emergence of applied branches of economics relevant to nature namely, natural resources
economics, environmental economics and ecological economics. These three disciplines, offering
different perspectives, are deeply concerned with integration and quantification of problems relating
to nature. The commonalities and distinct features among three disciplines are shown in Table 1.
Table 1: Relevant thrust areas of branches of economics dealing with nature
Resource Production and consumption of Resource/consumption Demand

Economics renewal and non-renewable pattern over a period of function are not
natural resource time important
Environmental Deals with the question of Deals with the resource Demand
Economics excessive pollution or/and allocation at a point of time function not
insufficient protection of only important
the nature based on societal
values derived from individual
value held by human
Ecological Deals with the biophysical value Deals with the problems Concerned more
Economics of the system spread over very long time with sustainability
horizons
The evolution and development of economics as a tool or subject took a path that was
followed by various production processes like the agricultural production--- market economy---
trade and commerce—development of science and technology--- industrialization--- service
sector. The historical development of various processes of progression is also evident from the
propagation of various economic theories named after those who propounded them, like the
Malthus, Recardo, Mill, Jevons, Pigou and Marx. These theories have addressed the major
concerns of their time and thus led to the development of various fields of economics. In this
whole process the major concern and focus of economists have largely revolved around the
42
technological, economic, social and political developments that took place in Europe.
On the contrary, the developing nations during that period of time largely remained
dependent on their ecosystems for their sustenance. The explosion of population over a period of
time and the symptoms of depletion of natural resources brought the issues and concerns of
sustainability into sharp focus. These developments led to the concepts like the sustainable
development, carrying capacity and ecological economics. In the Indian context, it is quite
apparent that most of the economists have worked either in the area of resource economics or
environmental economics. Several recent studies by Chopra et al.,(1989); Kumar et al.,(1998)
Sengupta (2001); Parikh (1991) Parikh et al., (1992) and Parikh and Ghosh (1991) reflect the
issues related to environmental or natural resource or ecological economics.
The meaning of sustainability was more felt than expressed by the traditional societies till
the development of urban society and market economy. The imposition of this notion on present
society was felt due to our departure from natural world of living in harmony with the various
system of our ecosystem to a world of mechanical and industrial nature, which is primarily based
on the philosophy of materialism. Over the last half century, the economic discussions have
focused on looming limits of earth on account of population and economic growth clubbed with
the environmental degradation (Ehrlich, 1988; Meadows et al., 1992). Amongst the various
notions of sustainability, traditional economists who have been viewing it as a concept in the
context of economic growth along with nature, however, find it extremely difficult to measure it
or quantify it. One of the widely followed procedures for quantifying sustainability is the model
of carrying capacity. However, carrying capacity concept has been interpreted differently based
on the objectives of management, which can again vary depending upon the requirement of the
exercise and background of the practitioner (Seidl and Tisdell, 1999).
During the last century, this planet has undergone unprecedented growth in human
population. With this population explosion, changing value systems and indefinite accumulation
of capital through un-mindful expansion of economic activities dislodged the existing
equilibrium, resulting in ecological Imbalance. The situation is becoming alarming and threatens
the very existence of mankind and its sustainable development. This changing environmental
condition therefore, calls for (i) Understanding the interrelationship between the structure and
function of nature and economy and (ii) Adapting a different economic analysis for appropriate
integration of the interface issues in various sciences in an interdisciplinary framework (Sengupta,
2001). The incorrect assumption of conventional economics about nature as an unlimited source
and sink imply neglect of the developmental constraint. The conventional economists should
make correct postulates of natural system and adopt a unified scientific approach for addressing
the present day developmental problems.
The ecology-economy inter-linkages have been realized by economists starting from
eighteenth century as reflected in theories and postulations of famous economists such as
Malthus (1798) and Ricardo (1817). However, conventional economics has assumed that nature
would pose no constraint to the process of indefinite expansion of production system driven by
43
the market and a profit motives (Sengupta, 2001). This assumption has been strengthened by
science and technological progress and intervention, particularly in developed countries.
However, this assumption of economics contradicts the basic principles of natural system, that
earth is a finite place with limited resources base. The finite resource base is not able to supply
the demand of the population, which the economists ignore, resulting in environmental crisis
often manifesting in the short run as resource crises. These resource and environmental crises
have threatened sustainable development indicating conflicting paradigm of ecological principles
and economic principles of development (Meadows et al., 1972; Sengupta, 2001).
However, the concern of most of the economists revolved around three sets of issue (i)
valuation of environmental damage and benefits due to generation and reduction of pollution,
(ii) determination of the optimum level of pollution and degradation of nature and (iii) choice of
instruments for environmental pollution control at the optimum level under alternative situation
of market imperfection property rights regimes and uncertainty (Sengupta, 2001). The
methodologies adopted by them for analysis of the optimum level of pollution/degradation have
a number of limitations. The methods of valuation, being subjective and variables of data used in
contrived manner reflected inadequately the impact of economic process on ecosystem.
Nature economy interactive relations necessitate the adoption of holistic perspective,
interdisciplinary resources and analysis for systematic understanding of the interactive
relationship between the economics and ecological factors. A system approach of analysis would
be useful for the analysis of totality of interplay of all the ecological and economic factors and of
other interactive factors from relevant disciplines (Sengupta, 2001). There is also a necessity to
modify some basic concepts of economics like capital, real income and development, integrating
the qualitative and quantitative environmental attributes of the development process.
It is clear that economic growth is not always accompanied by an increase in
environmental quality especially under conventional definitions of economic growth. The most
difficult challengers for continued economic growth are posed by essential resources, which are
crucial for economic production. Stock of renewable and non-renewable natural resources is
finite in supply; their supply is largely given by nature, rather than augmented by human beings.
As population grows and labour inputs as well as reproducible capital stocks expand, the stocks of
productive natural resource inputs become relatively scarce in comparison with other productive
units. If these natural resources are essential, their increasing relative growth scarcity will
constrain economic growth and constitute the most extreme kind of input scarcity (Ehrlich et al.,
1999). Thus, it seems important to consider the extent to which natural resources are indeed
essential. Some of the major essential natural resources are water, soil, energy and biodiversity.
These resources are being used unsustainably and are becoming scarce.
The sustainable management of complex ecological economic systems is tricky, especially
when incentives to maximize short-term economic growth or gain are strong. Even in simple
ecosystems the sustainability of resource stock is dependent on harvesting rule as this interacts
with the stock generation rate and extrinsic ecological fluctuations. In either simple or complex
44
ecosystem, the growth rate of natural capital interacts strongly with the harvest limits to affect
the sustainability of systems. It is agreed that sustainability is enhanced when human designed
rules are well tailored to the realities of exploited resources.
The role of economics, when applied in any sense, is primarily to provide an appraisal of
the benefits and the costs involved in the activity. In ecological economics too, though all intend
to achieve sustainable development based on the concepts of either carrying capacity or energy
flow (which themselves can be interpreted differently), however, ultimately the 'appraisal of the
benefits and the costs' becomes crucial to reach a policy decision. Such recognition highlights the
need for valuation of the sub components of natural systems.
Valuing the Nature
Intense thought processes are on amongst the economists, ecologists and policy planners
to assign values to various components of nature, develop methodologies of valuation and
incorporate the same in decision making. In this context, it is worthwhile to ponder over the
statement of Soderbaum (1985) “the existence of conflicting philosophical perspectives and
ideologies in the field of economics related to nature raises important question for many of the
economists who have become accustomed to regard themselves as experts in evaluation”. Such
conflicting and competing paradigms have helped in development of alternative methodologies
for valuing the nature and working out the economics. However, major decisions by
development agencies are taken primarily on the grounds of economics and more specifically
based on the returns expected from the investment (Young, 1998). There are, therefore, two
fundamental uses of economics, first one is to try to explain what we see in the economy around
us while the other one is trying to explain how we would wish the economy to allocate and
distribute goods and services (Kolstad, 2000).
The classical economic theories were mainly developed during the period when the
objective was only to quantify the economics of input- output in order to judge the net benefits
and thus conventional Cost Benefit Analysis (CBA) was adopted. Conventional economists tend
to limit the territory of economics to market characteristics with the motive that such aspects are
more accessible to economists and sometimes make distinctions between economic and non-
economic factors (Mishan, 1982; Soderbaum, 1985). However, the recognition that economics is
a science that has considerable interdisciplinary areas leads to introspection of the methodologies
adopted. In this context we would like to first discuss the conventional CBA, its strengths and
weakness and would then move towards the contemporary developments in the area of economic
analysis related to nature.
Recently, Laslett (1995) and Holland (1995) have provided excellent exposition on
various assumptions that are built in CBA. Despite various arguments, CBA still remains to be a
serious economic tool for analysing policies or projects, (Laslett, 1995) because:
• It evaluates pros and cons in a consistent framework.
• It recognizes its own limitations
45
• It recognizes the need for a consistent view of what the world would have looked like
without the project.
• It looks forward and explores gains and losses through time.
• It brings in as much information as possible on preferences and costs.
Hanely (1995) examined the role of environmental valuation in CBA by examining the
case of Contingent Valuation Methods, Lexicographic and Protest Bids, Information Effects,
Uncertainties alongwith understanding of ecosystem complexities and application of discount
rates. He concluded that probably CBA alone cannot be considered as an appropriate decision
tool for environmental management.
Economic Values of Natural Resources: Utopian or Realistic
The important characteristics of multidisciplinary interpretation about the management
of nature is that each discipline has a perception about the resource value, defined in terms of
that discipline and this value might be distinct from economic value. In an attempt of define the
relationship of ecological values to the economic values, Perrings (1995) has made an attempt to
value ecological resources. In his approach, he has focused on anthropocentric values i.e., the
values that are centered on the human management of the environmental resources because they
are relevant to the decision making process. He has also stressed that non-anthropocentric values,
i.e., the values placed on different resources by non-human species, should be taken parametric.
However, these values should be weighed in the decision making process according to human
preferences.
In an effort to measure the monetary values that people place on nature or other public
goods, Hanemann (1995) has made an attempt to focus on assessment of non-use values for
natural resource damages adopting Contingent Valuation Methods (CVM). The main feature of
CVM is that through survey of elicit respondents, monetary values are attached to a commodity
after making the respondents visualize the scenario as real. It must be understood that the
respondent is not actually making the payment but is expressing intention or predicting decision
regarding how much to pay. To illustrate the CVM, a case study conducted by Bishop et al.,
(1983) provides a scenario where a market was constructed for buying and selling of duck
hunting permits (the permits were normally distributed through a lottery system). Using the
CVM, they generated a demand curve for duck hunting permits. The inbuilt questions that can
be raised pertain to reliability, seriousness of the respondents regarding visualizing the intended
commodity etc.
Revealed Preference Techniques (RP) is based on model of actual market behaviour, the
typical examples of RP techniques are travelling cost models and Hedonic Price Models. Braden
and Kolstad (1991) provide excellent technical review of these methods. In general, based on
observation on actual choice, the factors affecting the choice (price, environmental quality
attributes, specific attributes etc.) models are developed for the demand of goods or services. In
the Hedonic Price Methods inferences of value are drawn based on value place to the
46
characteristics of goods, i.e., observed price of a bundle of goods. The concept looks simpler but
in reality the actual methodology is complicated because of the interaction between the supply of
characteristics and its demand. To illustrate, a case study of Harrison and Rubinfeld (1978) is a
classic example that demonstrates the application of Hedonic Price Methodology. To justify the
costs involved in a proposed Air regulation Act in Boston, USA, they tried to first quantify the
benefits from stringent control norms for NOX emissions from vehicles using household level
marginal willingness to pay. Then using the meteorological data and model, the likely changes in
the NOX concentration at different locations were worked out. Combining the two results, the
benefits of the regulation were thus worked out.
The Hedonic Price Method, oldest for determining the demand for non-market
commodities, offers advantage over CVM since value is determined from actual market
transactions. The main limitations of the methodology pertain to the facts that:
• It is necessary to find a market good where value is influenced by the commodity
• All the damages from the commodity should be reflected in the price of the market
good
• Many environmental problems do not influence the observed market goods.
The other technique adopted in RP is commonly known as 'Travel cost Method'. In this
case environmental commodities where effect on a person can be modified using market goods is
considered. For example, how much a person would be willing to pay to insulate the house from
traffic noise or how much the person would be willing to spend to visit a particular location (e.g.
a national park). This method offers scope for assessing value based on actual behaviour.
However, the approach has limitations detailed as under:
• Assumptions are made regarding individuals decision rather than actual occurrence
• Time is specifically valued whereas it is a typical choice behavior factor
The recent developments in the field of RP techniques, however, indicate adoption of random
utility models for analysis of choice (Adamowicz, 1995) because they offer a useful methodology
for analysing choices as a function of quality attributes as well as price.
Towards Sustainability?
The linkages between the nature and the economy through the flow of resource and
wastes affecting the society led to the present development in the field of economics. So far
conventional neo-classical analytical frameworks of economic analysis have been examined,
however ecological economists argue that, since most of the issues are focused around
sustainability concept, the need is to make correct scientifically validated assumption regarding
inter-linkages between the nature and economy and this can be done by valuing the nature either
as a source or sink. To understand this, it is a must to understand the basic principles/process of
entropy, flow of solar energy and bio-geochemical cycles of nutrients that explain the functioning
47
of nature.
In addition to this, population growth and human ecology has implications to these
natural processes in defining the carrying capacity of the nature. On the basis of these, attempts
can be made to develop ecological economic models, which would take into account all the
factors mentioned above. However, it must be understood that the analytical approaches of
various conventional branches of economics dealing with valuation shall apply in this cases also.
In recent times, several researchers have attempted to either develop specific techniques
for valuation of various components of ecosystem or have attempted to develop analytical
concepts that can help in valuation. Selected case studies on these aspects are provided herein so
as to expose the practitioners to various developments in the field.
Pollution index: Khanna (2000) has developed an index for pollution based on
epidemiological dose response function associated with various pollutants and the welfare losses
caused by exposure to such pollutions. To arrive at welfare losses, which provide the common
matrix, required for comparing environmental quality over space and time, the probability of
damage is used. To illustrate the concept, the proposed index has been applied to the data sets
available for selected countries and comparison is then made with the result obtained using the
pollutants standard index of USA. The study indicates that the proposed index provides detailed
ranking of region, however, the need is also highlighted for further research on the welfare
weights because, at present, equal weightages have been assigned along with the assumption that
these weightages are independent of probability of damage. Similarly, it is important to
understand that the index is meant to work out individual risk, not to population-weighted
index, which could be of importance for taking policy decisions.
Wetlands: Wetlands has been the subject of the study of Turner et al., (2000) wherein
after analysing the causes for loss of wetlands they have attempted to indicate the information
failure that is required for conservation. In order to propose an integrated framework for
sustainable wetland development, the complexities and invisibilities of spatial relationships
among ground water, surface water and vegetation have been analysed to the total economic
value of the ecosystem. The have also proposed methodologies that can be applied to work out
different use and non-use values. The suggested framework also includes systems modelling,
stakeholder analysis and multi criteria evaluation to provide insights for sustainable wetland
management and policy development.
Power sector development: Tolmasquim et al., (2001) had taken up the case study of
environment valuation in Brazilian power sector for long term strategic planning. The article
emphasizes the need for inclusion of environmental aspect as a decision variable when the
projects are at the planning stage. The methodology proposed suggests that external
environmental costs linked to hydro and thermo power generation should be included in the
planning, where damage caused to human health by atmospheric emissions, global warming
caused by emissions and loss of biodiversity as a result of emissions should be accounted. They
48
have also provided the exact methodologies for various use and non-use values involved under
these components.
Social Cost Benefit analysis: Economics can play a critical role in policy making by using
tools such as Social cost-benefit Analysis (SCBA), through capacity building, though SCBA has
limitations also, however it needs to adhere to the following analytical steps in this direction
(Hourcade et al., 1992):
• Firstly, reveal the preference of agents through their willingness to play for the limitation
of an environmental damage.
• Secondly, scientifically determine the share of responsibility of each specific economic
activity for the ecological damage under analysis.
• Thirdly, quantify the relationships between each economic activity and each ecological
impact.
• Finally, aim at internalizing the social costs through taxes, emission permit system,
norms, etc., under the control of legitimate authority.
Biodiversity Valuation: Valuing the biodiversity has been the topic of discussion of many
researchers in recent times. Perrings (1996 a) has made an attempt to value biodiversity by
suggesting that
TEV = f (DUV, IUV, OV, QOV, BV, EV)
Where, TEV is economic value and DUV, IUV, OV, QOV, BV and EV stand for the
Direct Use Value, Indirect Use Value, Option Value, Quasi-Option Value, Bequest Value
and Existence Value respectively. The DUV and IUV refer to values related to either
consumption or production. The OV relates to the value of the option to make the use
of the resource in the future (Weisbrod, 1964); the QOV is the value of the future
information protected by preserving the resource (Arrow and Fisher, 1974); BV is the
value of keeping the resource intact for one's heirs (Krutilla, 1967); and EV is the value
conferred by assuming the survival of resource independent of whether the resource is
used by people (Pearce and Moran, 1994).
Earlier researchers have also attempted to work on certain aspects of valuing the various
components of biodiversity by adopting different formulations of the components of biodiversity
values.
Pearce and Moran (1994) and UNEP (1995) also proposed that value of biodiversity
comprise these values and expressed their functions as
TEV=UV+NUV=(DUV+IUV+OV) +(EV+BV) Pearce and Moran (1994)
TEV= f(UV, NUV)= f{(DUV, IUV, OV, QOV), (BV, EV)} UNEP (1995)
Where, in addition to the nomenclature used above, UV stands for Use Value (the value
49
arising from an actual use made of a given resource and NUV stands for Non- Use Value ( Value
relating to safeguarding the existence of assets, even though not related to their actual use in a
foreseeable period). However, UNEP methodology further suggests that
TV= f (PV, TEV)
Where, TV is Total Environmental Value (A function of primary value and total
economic value) and PV stands for the Primary Value (The value of the system characteristics
upon which all ecosystem functions depend).
The methods for valuation of biodiversity and protected areas as proposed by recent
authors (Pearce and Moran, 1994; UNEP, 1995; Dixon and Sherman, 1990; Winpenny, 1991)
indicate that though the terminologies might vary, however the contents and coverage is similar
and the methodologies suggested are standard techniques of economics.
Case Study of Vietnam (W. Neil Adger, 1999)
This paper analyses the interactions between land use, institutions and culture in the
context of climatic extremes in Vietnam. Although there has been a long history of examining
the evolutionary nature of markets and institutions within an institutional economics framework,
developing the institutional economic approach to include society environment interactions have
allowed the examination of the processes that facilitate and constrain economic development. For
Case Study on Amazonian deforestation, 1978-1993. (Mariano Torras, 2000)
National income accounting has been criticized because of its failure to encompass the
notion of sustainability. Several studies address this problem through 'green' income accounting
–i.e. by adjusting conventionally measured GDP for reduction in a given country's 'stock' of
natural resources. These studies generally base value on the unit net price of the resource.
Case Study on Endangered Species (Matthew J. Kotchen Stephen D. Reiling, 2000)
This paper explores relationships among environmental attitudes, non-use values for
endangered species, and underlying motivations for Contingent Valuation (CV) responses. The
approach combines techniques from the attitudes-behaviour and economic valuation literature.
Attitudes are measured with the New Ecological Paradigm (NEP) scale, and economic values are
derived from a referendum. Respondents with stronger proenvironmental attitudes are found
more likely to provide legitimate yes/no responses, while those with weaker attitudes are more
likely to protest hypothetical CV scenarios. Analysis reveals environmental attitudes as a
significant explanatory variable of yes/no responses whereby stronger pro environmental attitudes
result in higher probabilities of responding 'yes/no', Pro-environmental are also shown to result
in higher estimates of mean willingness to pay(WTP).
Case Study on Economic and Ecological Carrying Capacity, Zimbabwe. (I. Scoones, 1993)
The paper highlights the confusion caused by the term carrying capacity, and has
attempted to unravel some of the contradictions in order to shed light on policy dilemmas. To
50
limit the number of livestock in drought years in a particular grazing land in Zimbabwe, based
on the concept of carrying capacity, the paper suggests that pastoral out migration from a
particular patch should be practiced in order to decrease the grazing pressure on the resource base
particularly in the dry seasons when the forage availability is limited. The judicious use of key
resources can help to sustain the limited number of livestock in the region particularly closing the
draught.
NOTE
Article is based on the inputs given by the author from a document “Ecological Economies:
Synchronizing Systems and Values” prepared in 2001 under World Bank aided “India:
Environment Management Capacity Building Technical Assistant Project at GBPIHED,
Almora.”
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synthesis In: Willis KG and Corkindale JT (eds.), Environmental Valuation. Cab International.
Barden JB and Kolstad CD (1991): Measuring the demand for environmental quality. North-
Holland. Amsterdam.
Bishop RC, Thomas AH and Mary JK (1983) Contingent Valuation of environmental assets:
comparisons with a simulated market. Natural Res. J. 23:619-633
Brown G. Jr. (1993): The viewing value of elephants. In: Barbier FB (ed.), Economics and
Ecology: new frontiers and sustainable development. Chapman and Hall, London pp 147155.
Chopra K, Kadelodi GK and Murthy MN (1989): Participatory development People and
common property resources. Sage Publications, New Delhi.
Conrad JM and Clark CW (1987): National resource economics. Cambridge University Press,
Cambridge.
Dixon J and Sherman PB (1990) Economic of protected areas: A new look at benefits and costs.
Earthscan Publ. London.
Enrlich PR (1988): the Loss of Diversity: causes and consequences. In: Wilson EO (ed.)
Biodiversity National Academy Press, Washington D. C. pp.21-27
Enrlich PR and Wolf GD, Gretchen C, Hughes JB, Daily S, Dalton M, Goulder L (1999):
Knowledge and the environment. Ecological Economics, 30:267-284.
Holland A (1995): the assumptions of cost-benefit analysis: A Philosopher's View In: Willis KG
and Corkindale JT (eds.), Environ- mental Valuation. Cab International.
Hourcade JC, Salle JM and Thery D (1992): Ecological economics and scientific controversies.
Ecological Economics 6:211-233
51
Khanna N (2000): Measuring environmental quality: an index of pollution: Ecological

Economics, 35:191-202
Kolstad CD (2000): Environmental economics. Oxford University Press, New York.
Kumar K, Kavi S and Parikh J (1998): Climate change impacts on Indian agriculture: the
Ricardian Approach. In: Dinar et al., (eds), Measuring the impacts of climate change on Indian
Agriculture. World Bank Technical Paper No. 402, Washington DC.
Laslett R (1995): The Assumption of Cost-Benefit Analysis. In: Willis KG and Corkindale JT
(eds). Environmental Valuation. Cab International.
Malthus J (1798): Essay on the Principal of Population. Republished in 1959, K. Boulding (ed.),
Ann. Arbor: Univ.Machigan.
Meadows DH and Meadows DL and Randers J,(1992): Beyond the Limits, Vermont: Chelsea
Green Publishing Company.
Mishan EJ (1982): The new controversy about the rationale of economic evaluation. J. Econ.
Issues, 16: 29-47.
Parikh KS (1991): An operational definition of sustainable development, DP-2 (Revised).
Discussion Paper Series, Indira Gandhi Institute of Development Research, Bombay.
Parikh KS and Ghosh U (1991): National resource accounting for soils; towards an empirical
estimates of costs of soil degradation for India, DP-48, Discussion Paper Series, Indira Gandhi
Institute of Development Research, Bombay.
Parikh KS, Parikh JK, Sharma VK and Painuly JP (1992): National resource accounting: A
framework for India, Indira Gandhi Institute of Development Research, Bombay.
Pearce D and Moran D (1994): The economic value of biodiversity. Earthscan Publ., London.
Pearce DW, Barbier E and Markandya A (1989): Sustainable development: economics and
environment in the third world. Edward Elgar, Aldershot, England.
Perring C (1996a): The value of biodiversity for sustainable economic development: conservation
and economic evaluation of biodiversity (Vol. 2) Oxford and IBH publishing Co. pp317-334
Perrings C (1995): Ecological and Economic Values in: Willis KG and Corkindale JT (eds),
Environmental valuation. Cab International
Ricardo D (1817): Principal of political economy and taxation. Pelican Books, London.
Scoones I. (1993): Economic and ecological carrying capacity: applications to pastoral systems in
Zimbabwe. In: Barbier EB (ed.), Economics and Ecology: new frontier and sustainable
development. Chapman and Hall, London.
Seidl I and Tisdell AC (1999): Carrying capacity reconsidered: from Malthus population theory
to cultural carrying capacity. Ecological Economics, 31:395-408.
52
Sengupta R (1997): Energy and development of some macroeconomic constraints for energy
planning in India. In: Bose A, Rakshit M and Sinha a (eds). Issue in Economic Theory and
Public Policy. Oxford University Press.
Sengupta R (2001): Ecology and Economics: an approach to sustainable development. Oxford
University Press, New Delhi, P.263.
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Margaris NS (eds). Economics of ecosystem management. Dr. W. Junk Publishers.
Tolmasquim MT, Motta RSD, Rovere ELL, Marata MDLB and Monteiro AG (2001):
Environmental valuation for long-term strategic planning- the cases of Brazilian power sector:
Ecological Economics, 37:39-51
Turner KR, Jeroen CJM van den Bergh, Soderqvist T, Barendregt A, Straaten JVD, Maltby E and
Ireland ECV (2000): Ecological-economic analysis of wetlands: scientific integration for
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UNEP (1995): Global Biodiversity Assessment. Cambridge Univ. Press, Cambridge
Young A (1998): Land resources: now and for the future. Cambridge University Press.
53
Library , National Green Tribunal
INDUSTRIAL ECOLOGY – A NATURE DRIVEN TOOL

FOR SUSTAINABLE DEVELOPMENT
R. Nagendran
National Green Tribunal, India
rnagendran@gmail.com
Abstract
In recent years, attempts are being made in a variety of industrial contexts to include the
principles of Industrial Ecology in the 'Sustainable Development' tool kit. Industrial ecology is the
means by which humanity can deliberately and rationally approach and maintain a desirable
carrying capacity, given continued economic, cultural and technological evolution. Viewing and
treating non-living “Industrial Units” as “Living Ecosystems” would help develop systems and
products in an 'ecological' and 'sustainable' manner. This article attempts to highlight the salient
attributes of industrial ecology and its approach and role in evolving strategies for promoting
'Sustainable Development' of industrial sector.
1 PREAMBLE
In recent years, the concept and components of 'Industrial Ecology' have been attracting the
attention of promoters and activists alike in such diverse domains as industry, academia, media,
public administration and the NGOs. Interestingly, almost always the 'buzzwords' and catchy
'jargon' emerging with the proliferation of this new field are providing increased focus on issues
related to environmental management. Attempts are being made in a variety of industrial contexts
to include and use the principles of Industrial Ecology in the ever - sought - after 'Sustainable
Development' tool kit. The recorded experience has been positive and encouraging. In view of this,
the present article attempts to give a glimpse of Industrial ecology and its role in 'Sustainable
Development'.
2 GENESIS OF INDUSTRIAL ECOLOGY
The ideal way to begin our understanding of Industrial Ecology is to recapitulate the essence of
Sustainable Development. Cutting across the context and functional levels, Sustainable
Development integrates the social, economic and environmental objectives of the society to
maximize its well being and ensure that of the coming generations. Instead of isolating the economic
growth to assess the 'richness' of a country, sustainable development measures it in terms of the
cumulative contribution of social, economic and environmental dimensions in corporate and
57
public decision-making, within the defined framework of local, regional and national governance
with an overall objective of ensuring accountability and participation of stakeholders of all hues and
types. The success of such a multi sectoral system primarily needs an approach that envisions a
holistic view of development, especially that of the industrial sector. In practice, the perfect analogy
would be that of looking at 'natural ecosystems' that have identifiable structural parts working in
unison as if the parts are inseparable (e.g., Oceans, Rivers, Lakes, Forests etc.) to be self sustaining. A
simple functional extension of this approach to industrial systems would make it possible to compare
the 'parts' of an industrial unit and their collective role in 'sustaining' the production. When
designed properly and structured scientifically, this approach would enable one to view and treat the
“Industrial Units” as “Living Ecosystems” with all functional attributes of self sustaining living
systems. It is rather obvious that the products from such systems would help develop 'ecologically'
and in a 'sustainable' manner. This, in a nutshell, is the subject matter of Industrial Ecology.
3 ATTRIBUTES OF INDUSTRIAL ECOLOGY
As in the case of Sustainable Development, a number of definitions have been advanced to capture
the major features of Industrial Ecology. One of most inclusive and often cited definition proposed
by Graedel and Allenby (1995) is given below:
“Industrial ecology is the means by which humanity can deliberately and rationally approach and
maintain a desirable carrying capacity, given continued economic, cultural and technological
evolution. The concept requires that an industrial system be viewed not in isolation from its
surrounding systems, but in concert with them. It is a systems view in which one seeks to optimize the
total materials cycle from virgin material, to finished material, to component, to product, to obsolete
product, and to ultimate disposal. Factors to be optimized include resources, energy, and capital.”
The attributes of Industrial ecology that emerge from the above definition include:
• Harmonious integration of industrial activity into ecological systems enhances self
sustaining capacity of the system
• Material flows and energy transformations are common drivers of both Industrial and
ecological systems
• Industrial and ecological systems interact following the tenets of 'System Analysis'
• The multidisciplinary approach in designing Eco- industrial systems aims to reduce the
environmental impacts on ecological systems, in the long run
• The paradigm shift from linear (open) to cyclical (closed) dynamics offers futuristic options
for effective Environmental Management (e.g., Utilizing waste from one industry as an
input for another)
• Concept of 'Dematerialization' ensures resource conservation
• Provision of fundamental design logic that guides awareness of environmental and social
considerations in both the creative phase and the evaluative phase of new product or process
development.
58
4 ELEMENTS OF INDUSTRIAL ECOLOGY

The efficacy with which an industrial ecological system functions is dependent upon a number of
elements and components. While some of the elements are common to both industrial and natural
systems, the components are process specific. A brief note on the major elements of industrial
ecology is presented here.
4.1 Mimicking the natural systems
A well designed eco-industrial system reveals a number of common features it shares with natural
systems. It is a well known fact that all natural systems began as linear or open systems and attained
their current cyclical or closed nature over millions of years of evolution. The cyclical dynamism in
these ensures a functional dynamic equilibrium between animals, plants, and the bio-physical and
bio-chemical processes in nature. When expressed in terms of energy, there is nothing – be it heat or
mass that leaves the system. This is made possible by the inter component integration and
interconnectedness of living beings in the system.
Achieving the kind of dynamic equilibrium cited above in the industrial context is an ecological
challenge faced by ecodesigners. Of course, no one would wait for long years for the industrial
systems to undergo evolution on their own; the simple reason is that they cannot evolve on their own!
Intervention of ecologists and their integration with industrialists has opened up newer possibilities.
Conversion or transformation (as against evolution) of industrial system from a linear system, where
resources are consumed and unwanted (!?!) wastes are let into the environment, to a more closed
system, like that of ecological systems where minimal amounts of 'wastes' are generated and are
reused has been realized in many sectors. An often quoted example of such a system is the famous
eco-industrial park in Kalundborg, Denmark. The companies in this ecological park are highly
integrated and utilize the waste products from one firm as an energy or raw material source for
another as illustrated in Figure 1.
Chemical
Sulfur Oil Refinery heat
Plant
water gas
steam District
heating
coal Coal Power Plant heat
Green
fly ash gypsum house
Cement Building
roads materials
Figure 1. Industrial Ecology success in Kalundborg, Denmark

(Source: http://www.inkavera.com accessed on May 08, 2014)
59
4.2 Materials and Energy flows and transformation

Unlike in the natural ecological systems, the material and energy flows and their transformation in
industrial systems always would end up into products, by products, and wastes. The aim of industrial
ecology, obviously, is to lessen the amount of waste material generation and waste energy dissipation
to cause least adverse impacts on ecological systems. Emergence of concepts such as 3R (reduce,
reuse, recycle) have lent value to efforts in this sphere. The automobile sector has been a great
beneficiary of such initiatives.
4.3 Life-cycle analysis
Life-cycle assessment also known as life-cycle analysis is a technique employed in industrial ecology
to assess environmental impacts associated with all the stages of a product's life from-cradle-to-cradle
i.e., from raw material extraction through materials processing, manufacture, distribution, use,
repair and maintenance, and disposal or recycling (USEPA, 2010). LCAs can help avoid a narrow
outlook on environmental concerns by:
• Compiling an inventory of relevant energy and material inputs and environmental releases
• Evaluating the potential impacts associated with identified inputs and releases
• Interpreting the results to help make a more informed decision
4.4 Interdisciplinary approaches
Traditional industrial systems employ 'end-of-pipe' based technologies to address the environmental
impacts of their activities. These are 'costly' options, both in ecological and economic terms. In
contrast, eco-industrial systems seek and often have built-in components that integrate production
and environmental management. This approach calls for the understanding that environmental
issues are NOT merely local and company-specific but are 'system generated' and are therefore to be
addressed on the basis of holistic systems view. This needs input and participation from many
different disciplines. The complex nature of environmental problems requires expertise drawn from
a variety of disciplines – ecology, engineering, material science, public health, economics, business -
to resolve concerned issues. Effecting changes in public policy and law will be necessary for
monitoring the pace of success and societal response. As held by Ehrenfeld (1995), the designing of
sustainable social institutions and framing conditions is just as important as designing new products
and processes.
5 INDUSTRIAL ECOLOGY STRATEGIES FOR SUSTAINABLE DEVELOPMENT
Being a product of amalgamation of the principles of ecology and traditional industry sector, the
field of industrial ecology has the potential to offer a plethora of strategies for promoting Sustainable
Development of industrial activities. It also provides ecosolutions to environmental problems caused
by the individual activities of the industrial system as a whole. Some of the strategies that have
received widespread acceptance and adoption by a number of corporate business houses are listed
below.
60
5.1 Pollution prevention

This is defined by the U.S. EPA as “the use of materials, processes, or practices that reduce or
eliminate the creation of pollutants at the source”. Corporate experience has demonstrated the
positive role of pollution prevention in reducing maintenance costs, increasing productivity and
minimizing waste generation. It is hailed by many large manufacturers as a 'win-win concept' both
for the business and for the environment.
5.2 Waste minimization
This is defined by the U.S. EPA as “the reduction, to the extent feasible, of hazardous waste that is
generated or subsequently treated, sorted and disposed of.” Minimization of waste reduces the
burden on the treatment systems, saves money and prevents unnecessary extraction of natural
resources.
5.3 Source reduction
Any practice that reduces the amount of any hazardous substance, pollutant or contaminant
entering any waste stream or otherwise released into the environmental prior to recycling, treatment
or disposal (Freeman et al, 1992)
5.4 Cleaner production:
United Nations Environment Programme (UNEP) defines Cleaner Production as the continuous
application of an integrated preventive environmental strategy applied to processes, products, and
services to increase overall efficiency and reduce risks to humans and the environment. Cleaner
Production plays a significant role in all the three facets of the industrial system – process, product
and service. Selective use of raw materials that have the potential to form toxic intermediates,
employing green chemical pathways and reduction of emissions at source are some of the process
related initiatives. Products with minimal impact on the environment as they move along the life
cycle face the rigor of market forces and survive longer as compared to those with bad environmental
track record. When designed well and implemented properly, this strategy certainly helps in
providing cost-effective environmental improvements at all stages of manufacturing.
ACKNOWLEDGEMENT
I thank Justice Mr. Swatanter Kumar, the Hon'ble Chairperson of the National Green Tribunal, New
Delhi for the opportunity given to contribute this article and for the constant encouragement.
REFERENCES
Defining Life Cycle Assessment. US Environmental Protection Agency. 17 October 2010. Web.
Ehrenfeld, J.R. 1995. Industrial ecology: A strategic framework for product policy and other
sustainable practices. In Green Goods, edited by E. Rydén and J Strahl. Kretsloppsdelegationens
rapport 1995:5. Stockholm
Graedel, T. and Allenby,B. 1995. Industrial Ecology, Prentice Hall, Englewood Cliffs, NJ, USA
Life Cycle Assessment. US Environmental Protection Agency. 6 August 2010. Web.
61
His Excellency the Vice President of India M. Hamid Ansari with Hon'ble Mr. Justice P. Sathasivam the then
Chief Justice of Supreme Court of India, with Hon'ble Mr. Justice Swatanter Kumar, Chairperson, National
Green Tribunal at the Ceremonious Ribbon Cutting Ceremony on Inauguration of National Green Tribunal at
Faridkot House on 18th October, 2013
MERCURY POLLUTION AND ITS CONTROL

Dr. G.K. Pandey
Expert Member, NGT
gkpandey47@gmail.com
Abstract
Mercury is a serious Environmental pollutant emitted from several sources. The paper
elaborates its environmental and health significance and its environmental fate. Mercury
emissions from different sources at global level have been summarized in the paper. According to
UNEP Report about 24% of Mercury is emitted from coal burning, which is much more
important in India. The estimation of such emission through coal burning in India has been
presented in the paper. The major challenges for control of Mercury emission from coal based
power plant and other industrial activity have been elaborated. Although several efforts have
been made to reduce use of mercury in various activities including chlor-alkali industry, its
emission still continues to be significant. The major source of mercury emission is flyash
generated from thermal power plants. Since, the thermal power plants are largest source of energy
in India, for development of the country, growth of thermal power plants is inevitable. Thus, the
thermal power plants are continuously growing to meet the energy demand of the country
leading to generation of huge amount of flyash. The paper highlights the need for proper disposal
of flyash in order to avoid pollution by trace elements like mercury. There are several global
initiatives to reduce mercury use and its subsequent disposal into the environment. It is finally
hoped that all the countries using mercury would make sincere efforts to take appropriate
measures to reduce mercury emissions into the Environment.
1. Introduction.
Mercury is released in the environment from natural as well as man-made activities. The
natural sources of mercury emissions include volcanic eruptions, ocean evaporation, mercury
mines etc. According to UNEP, the natural sources account for about 10% of the estimated
5500-8900 tonnes of mercury currently being emitted to the environment from all sources.
Anthropogenic sources of mercury emissions account for about 30% of the total amount of
mercury entering the atmosphere each year. Mercury is still used in batteries, paints, switches,
electrical and electronic devices, thermometer, BP instrument, pesticides, fungicides, tubelights
& CFLs, medicines and cosmetics including ayurvedic formulations. These products find their
way into the waste streams and are thrown along with the MSW/ garbage which is disposed of
either in the landfill sites or incinerated, which may enter the different components of
environment i.e. atmosphere, water bodies and soil.
65
Mercury is neurotoxic and as such may pose significant health risks to human beings. It
is also a global threat and may have adverse impacts on environment and aquatic life. Mercury
may be transported to far off places through air and water environment. In particular, fossil
fuels, coal and oil contains mercury which is emitted when the fuel is burnt. As such, coal based
power plants, smelters, cement kilns and individual boilers are potential sources of mercury
emissions. The other potentially important sectors are manufacturing of vinyl-chloride monomer
production, secondary metals production and ferrous-alloys, oil and gas extraction, industrial and
some hazardous waste units. Also artisanal and small-gold mining contributes to the global
emissions of mercury and this sector appears to be one of the major emitters of mercury in the
environment. Another source of emission of mercury is from the use of mercury in dental
amalgam, during its preparation and application as also mercury is found in cremation grounds
of human beings.
2. Health effects of Mercury.
Mercury can find its way into human body through inhalation, ingestion and skin
contact. Inhalation of mercury vapours is most common way to get exposure to elemental
mercury and is harmful to human being. If mercury is ingested, most of it is excreted out and
very little is absorbed. If mercury comes in contact with skin for a short period of time it may
get absorbed but may not be enough to pose health risk.
Besides above, mercury is also used in thermometer and BP instruments as also in tube
lights and CFL. Quite often thermometer and BP instruments are broken and the metal mercury
is spilled on the floor which becomes a source of mercury emissions. Mercury spilled can be
adsorbed into the carpet, furnish, floor, walls and other household items. The mercury so spilled
will get vaporised over time as mercury is heavier than air and tends to remain in the area where
the spillage has taken place. Mercury vapours can get accumulated in poorly ventilated or low
lying areas in the house. If the mercury vapours get into the ventilation system it can spread
throughout and as such may pose potential risk to the residents. If the mercury is spilled on to a
hot surface floor, say during summer months, it may get vaporised quickly and could be more
dangerous. Even a small spill such as from a broken thermometer can produce hazardous amount
of vapour if a room is small enough and will be harmful to people in the room. The health
effects that can be caused by inhalation of mercury can be categorised as short term and long
term exposures. The short term exposure to high levels of mercury vapour may include cough,
sore throat, shortness of breath, chest pain, nausea, vomiting, diarrhea, increase in blood pressure
or heart rate, metallic taste in the mouth, eye irritation, headache and vision problems and long-
term exposure to mercury vapours may cause anxiety, excessive shyness, anorexia, sleeping
problems, loss of appetite, irritability, fatigue, forgetfulness, tremors, etc.
Due to ignorance of public at large, the spilled mercury on floor may remain for a
number of days as it may not be lifted properly and due to improper collection and storage may
give rise to potential emissions of mercury even at room temperature. CFL and tube lights, when
they are disposed off after its usage, ultimately may land in MSW (Municipal Solid Waste) sites
and there it may pose environmental pollution problems in the form of mercury emissions in the
air as also some mercury may contaminate soil, surface and ground water.
66
3. Aquatic Pathways Transport and Fate of Mercury.

According to UNEP Global Mercury Assessment 2013, the anthropogenic impacts of
mercury in the ocean are quite significant and the top 100 meters of the water column may have
significant quantities of mercury. Further as per estimates of UNEP, during the last 100 years the
anthropogenic emissions of mercury have doubled the concentration of mercury in the surface
layer of the ocean and increased by 25% in intermediate waters and by 10% in deep waters. The
mercury reaches ocean mainly by atmospheric deposition even though river runoff, coastal
erosion and ocean currents account for about half of the mercury inputs. During the year 2008,
a total deposit of input of mercury in the ocean was estimated to be of the order of 3700 tonnes.
Rivers are estimated to carry more than 280 tonnes of mercury each year but only about 380
tonnes of this is transported offshore and the rest is trapped in the estuaries. Ground water and
re-mobilisation from sediments provide 100-800 tonnes of mercury on the oceans each year.
Models suggest that globally about 70% of the mercury deposited into the ocean is emitted into
the atmosphere. Natural bacterial process in sea water and in sediments in coastal environment
may covert inorganic mercury to organic mercury (methylmercury). It is understood that about
300 tonnes of methylmercury is produced in the upper layer of the ocean. The methylmercury
stays in the upper ocean for about 11 years. Demethylation by photochemical reaction or by
microbial activity is the major removal process for methylmercury in the ocean. It is estimated
that about 240 tonnes of methylmercury is removed by this process from the surface waters of
the ocean waters per year. Methylmercury is taken up by plankton much more efficiently than
inorganic mercury. Also Methylmercury is absorbed through the intestine of animal much more
easily than elemental mercury. Methylmercury bio-magnifies as it moves up to the food chain.
As such, the population which consumes fish, seals and whales have been found to contain
higher concentration of methylmercury which may pose health risks.
Methylmercury levels in fresh water fish vary with the level of deposition with the level of
air and through other factors and methylation occurs mainly in the lake sediments, wet lands and
flood plain soils where sulphur reducing bacteria are believed to be primarily responsible for the
same. Some 400 to 1400 tonnes of mercury are estimated globally to be trapped behind dams
and other man-made impoundments each year which has significantly increased total mercury
and methylmercury levels in water and methylmercury in fish and other aquatic species.
4. Global Mercury Emissions.
Mercury emissions from the different sectors have been given in the following Table as
per the estimates of UNEP:
67
Table-1: Global Mercury Emissions.

Sector Emission (range) %**
In
Tonnes*/Annum
By-product or unintentional emissions
Fossil fuel burning
Coal burning (all uses) 474(304-678) 24
Oil and natural gas burning 9.9 (4.5-16.3) 1
Mining, smelting & production of metals
Primary production of ferrous 45.5 (20.5-241) 2
metals
Primary production of non- 193 (82-660) 10
ferrous metals (Al, Cu, Pb, Zn)
Large-scale gold production 97.3 (0.7-247) 5
Mine production of mercury 11.7 (6.9-17.8) <1
Cement production 173 (65.5-646) 9
Oil refining 16 (7.3-26.4) 1
Contaminated sites 82.5 (70-95) 4
Intentional uses
Artisanal and small-scale gold 727 (410-1040) 37

mining
Chlor-alkali industry 28.4 (10.2-54.7) 1
Consumer product waste 95.6 (23.7-330) 5
Cremation (dental amalgam) 3.6 (0.9-11.9) <1
Grand Total 1960 (1010-4070) 100
*Values rounded to 3 significant figures.
** To nearest percent
Source: Global Mercury Assessment 2013

The above table indicates that about 37% (727 tonnes) on annual average basis are alone
emitted from artisanal and small scale gold mining followed by 27% (474 tonnes) per annum
next major emitter on annual average basis from coal burning. Primary production of ferrous
metals (Al, Cu, Pb, Zn) contributes to 193 tonnes of mercury emissions on annual average basis.
Another 9% mercury emission that is about 173 tonnes on annual average basis is contributed by
cement plants. The total emissions of mercury which include the intentional and un-intentional
release of mercury in the environment are ranging from 1010-4070 tonnes per year with an
average of 1960 tonnes. This average figure of 1960 tonnes per annum does not include mercury
emissions due to bio-fuel production and combustion and vinyl-chloride monomer production,
secondary metals production, oil and gas, extraction transport and industrial/some hazardous
waste incineration and disposal sites, sewage sludge incineration, preparation of dental amalgam
filling and disposal of removed fillings containing mercury.
68
5. Control of intentional & un-intentional release of Mercury.

In view of different sources both intentional and unintentional release of mercury as
stated above, there is need to address the various sources of mercury emissions and the likely
measures for control of mercury emissions. As such in the following paragraphs, an attempt has
been made to addressthe related issues pertaining to likely approach to contain mercury
emissions from the various sectors.
5.1 Intentional source of mercury emissions.
(i) Phasing out mercury in medical instruments and dental amalgam.
In this category mercury emissions may take place from medical instruments
such as due to breakage of blood pressure instruments, thermometer etc. Also significant
quantity of mercury (340 tonnes of per year) is used in dental amalgam which may get
spilled during its preparation as also at the time of application by the dentists. Out of
340 tonnes of mercury 70-100 tonnes are likely to enter the solid waste stream which is
around 20 to 30%. Use of non-mercury bearing thermometer and BP instrument is
required to be promoted. As such digital non-mercury based instruments are now
available and to start with at least, the major hospitals may switch over from mercury
based instruments to digital gadgets which do not use mercury as the main ingredient. It
is understood that some major Hospitals in Delhi such as Ganga Ram Hospital, Apollo
Hospital etc. have already started using non-mercury based medical instruments and
other hospitals like AIIMS, Safdarjung etc. are trying to reduce their inventory of such
mercury based instruments. It is enlightening to note that such efforts are being made
on voluntary basis by some of the hospitals.
As for non-mercury based dental amalgam is concerned, it is very limited in
India and mostly the dentists are using dental amalgam bearing mercury. As the non-
mercury amalgam is available, it would be better if option is given by the doctor to the
patient to choose between the two kinds of dental amalgams available then at least those
persons who are environmentally conscious may likely to opt for non-mercury based
dental amalgam. It is understood that dentists are having both the options and once the
user is insisting on non-mercury based dental amalgam, the same may be provided to
him.
(ii) Use of mercury in scientific laboratories & Research Institutes.
Significant quantities of mercury based pressure instruments and other equipments are
being used in the laboratory and quite often such instruments get broken and mercury
gets spilled on the floor. There is need to have proper procedure in place to collect and
store such spilled mercury. There is also need to educate the students to avoid coming in
contact with metallic mercury as it may get absorbed through skin apart through
inhalation and ingestion.
69
(iii) Use of mercury in FTLs and CLFs.

Significant quantities of mercury are being used in the manufacture of
Fluorescent Tube lights (FTL) and Compact Florescent Lamp (CFL). Around 30 mg of
mercury is used in each FTL and about 5 mg is used for manufacturing each CFL. As
such used FTLs and CFLs may become potential source of mercury contamination, if
FTLs and CFLs are not properly disposed off. It is often seen and is the usual practice
that the used FTLs and CFLs are ultimately finding its place in the garbage dump sites
where it may contaminate the soil, water as also may get emitted to the air. A significant
quantity of coal is burnt for generating electricity. It has been estimated by UNEP that
about 475 tonnes of mercury per year was emitted in the year 2010 by power generating
and industrial units. The use of coal for power generation and in the boilers of industrial
units is increasing in Asia including China & India.
While on one side for reducing the consumption of electricity, low energy
consuming light gadgets (CFLs & FTLs)are on the increase but on the other side their
unsafe disposal may pose significant environmental pollution problems. Besides FTLs
and CFLs, some other electrical switches electronic equipment also contain mercury and
their safe disposal is also necessary to avoid any mercury contamination. In view of the
usage of the CFLs increasing day by day, it would be advisable to put in place proper
collection and disposal system for used CFLs and FTLs. In fact, there is need to educate
the public about the environmental complications posed by mercury contamination and
a proper management and handling of mercury plan is required including the recycling
of mercury contained in the FTLs and CFLs. The manufacturers of FTLs and CFLs
may evolve some mechanism of collection of used FTLs and CFLs and may create
recycling and reusing facilities to avoid mercury contamination. This could be
considered by the regulatory authorities such as State Pollution Control Boards and while
granting consent to establish and consent to operate such units producing FTLs and
CFLs may be asked to provide an effective system for proper collection and
recycling/reusing of mercury from the used gadgets.
Light emitting diodes (LED) are now available for the purpose of lighting but
are costly in comparison to CFL. LEDs do not use mercury and as such are
environmentally friendly. It is hoped that the prices of LEDs will come down in the near
future due to increase in volume of production as also a lot of R&D taking place in this
area.
MoEF constituted a task force on “Environmentally Sound Management of
Mercury” in florescent lamps and the report of the task force was submitted in May,
2008. It appears that the implementation of the various recommendations of the task
force is slow, especially used lamp recycling mechanism have not been put in place to
avoid mercury contamination. Still used FTLs and CFLs find their way ultimately to
MSW waste sites which may result in mercury contamination of the environment.
70
(iv) Chlor-alkali Plant. Even though India has phased out totally mercury based cell
process to membrane cell technology in chlor-alkali sector but due to decommissioning
of such units, the contaminated plant and machinery and the release of mercury during
decommissioning process might have released some mercury to the environment for
which there is need to prepare proper inventory. In 2003, steps were taken to phase out
mercury cell process. So far by the end of 2010 about 95-96% of chlor-alkali plants
based on mercury cell technology, were converted to membrane cell technology. Out of
a total of 34 plants, 31 have already got converted and only 3 plants were in the process
of getting converted to membrane cell process. It has now become mercury free in chlor-
alkali sector in the year 2012 as against the European target of 2020-25. India has about
4% capacity of caustic soda production (3.5 million tonnes per annum) in comparison
to the World production capacity (80 million tonnes per annum). European production
capacity is about 45% of the World capacity. The marvellous work done by India is
praise worthy and has set an example in the world.
5.2. Non-intentional sources of release of mercury. This includes emissions of mercury from
coal based power plants, processing of crude oil in the refineries, production of cement,
primary production of ferrous and non-ferrous metals.
(i) Coal based power plants. Around 70% of energy produced in India is from
indigenous coal. However, some coal is also imported for power plants. The existing
capacity of coal based thermal power plants is over 1,00,000 M.W. In Singaurali Area
alone the maximum generation capacity is of the order of about 20,000 M.W. Korba in
Chhatisgarh and Talchar in Orissa are the other two places where conglomeration of
power plants exists and at each place around 5000 M.W. capacity plants are installed.
Besides, it is expected that 44000 M.W. are likely to be added by the end of the 12th
Five Year Plan (2012–2017). Even though mercury content is not very high in Indian
coal and varies with mine to mine but since consumption of coal for power generation is
quite significant and calorific value is low with ash content being high around (45%), it
is expected that significant quantities of mercury would be emitted by burning of coal in
the boilers and mayultimately contaminate environment. Central Institute of Mining &
Fuel Research Institute(CIMFR) estimated in their studies of 66 coal blocks that
mercury ranged from 0.003 to 0.34 g/t with average of 0.14 g/t. As such, from 0.14 g/t
of emission value, CIMFR estimated in 2012 that the annual mercury emissions from
coal fired power plants as existed in 2008, amounted to 38.5 t/y and it will reach to
106.14t/y by 2016 and 148.7 t/y by 2021. However, there is need to have more accurate
data on mercury contents in coals from various mines and actual usage in power plants
including imported coal from Australia, Indonesia and other places. Some studies have
been done inSingrauli Area, UP/MP where conglomeration of number of power plants
coupled with coal mining activities occurs and these studies have found that the emitted
mercury has ultimately effected the food chain i.e. low levels of mercury have been found
in the milk of animals. In fact, mercury gets bio- accumulated in the human system and
as such may cause various ailments in the long run, especially on kidneys, lungs and
71
nervous system. Pregnant women, infants and young children are more susceptible to
contract mercury induced diseases.
Use of washed coals (ash content to 34%) by power plants located beyond 1000
K.M. from pithead, FGD system provided in few power plants and proposed for new
power plant located in eco-sensitive area use of super critical technology, better work
practices etc. are likely to reduce mercury emissions.
(ii) Oil and natural gas production and usages.
About 16 tonnes (7.3-26.4) mercury is emitted by oil refining sector and another
9.9 (4.5-16.3 tonnes) mercury is emitted by burning of oil and natural gas. No reliable
mercury emission figures are available in India form this sector as the feed stocks (crude
oil) is mainly imported. As consumption of oil and gas is going up day by day due to
increase in vehicular population as also usage of oil and gas in the industries is going up,
there is likelihood of considerable increase emissions of mercury from these sources.
(iii) Primary production of ferrous metals and non-ferrous metals.
About 45.5 tonnes (20.5-241) of mercury is emitted annually from the primary
production of ferrous metals which is about 2% and 193 (82-660) mercury is emitted
annually from primary production of non-ferrous metals (Al, Cu, Pb, Zn) which is about
10% of the global mercury emissions. In India a number of ferrous and non-ferrous
metal producing plants are working which are expected to emit considerable quantities of
mercury in the environment, the precise estimates of which are not available.
(iv) Mining of mercury.
Mining of mercury is not done in India as there are no mercury mines.
(v) Cement production.
Cement sector is contributing to about 9% of the total global emissions and
according to the UNEP estimates about 173 tonnes (65.52646) mercury is emitted into
the atmosphere. India is major producer of cement where coal is used as primary energy
source in the rotary kiln. The production of cement is growing at the rate of 9.7% per
annum and it has been estimated that about 272 MT of cement is produced in India as
per year 2010 record. India is second most largest producer of cement after China whose
production is about 8 to 9 times of India i.e. around 1800 million tonnes per annum.
As the growth rate of cement is increasing at the rate of about 10 % every year this sector
is also likely to contribute significantly mercury emissions in the environment.
Estimates for mercury emissions have been carried out in India for different
sectors by Mr. Lesley Sloss and a report titled “Mercury Emissions from India and South
East Asia” was brought out by him October, 2012. According to this report the
estimates for India during 2005 and projection for 2020 have been made which are given
in the following table:
72
Table 2 Mercury emissions in India 2005 and 2020, kg/y (AMAP, 2008)
2005 2020 Projections
SQ Exec MTFR
Stationary 139,659.5 208,842.3 92,724.9 67,635.7
combustion
Non-ferrous 4,330.3 4,330.3 1,568.4 1,144.1
metal Production
Pig iron and 1,523.3 1,523.3 551.7 402.5
crude steel
Cement 11,416.0 17,124.0 5,024.4 3,664.9
production
Large-scale gold 124.8 124.8 124.8 124.8
production
Mercury 0 0 0 0
production
(primary)
Incineration 0 0 0 0
municipal waste
Caustic soda 4,002.5 0 0 0
production
Other 0 0 0 0
Total 161,056.5 231,944.8 99,994.3 72,971.9
N.B: 1) AMAP= Arctic Monitoring & Assessment Programme

2) SQ= Status Quo
3) Exec= Extended Emission Control
4) MTFR= Max. Feasible Technology Reduction
6. Legally binding instrument (LIB) for mercury.

In order to have legal back-up for control of mercury emissions, UNEP has constituted an
Inter-Governmental Negotiating Committee, in which India and other member countries are
participating. Final out-come/recommendations are awaited.
7. Conclusion.
Artisanal and small scale gold mining accounts for the maximum emission of mercury (727
tonnes) globally which is about 37% of the total global emissions but these sources are insignificant
for India as no such production takes place. This is followed by 24% of mercury emissions (474
73
tonnes) on annual average basis from coal burning. Ferrous and non-ferrous metals accounts for
around 12% of mercury emissions globally followed by 9% of mercury emissions from cement
production. India has already phased out mercury based chlor-alkali plants and as such mercury
emission has become zero from the year 2012 in this sector. Main challenges would come for control
of mercury emissions from coal based power plants & other industrial activities.
Even though UNEP has made global efforts to estimate global mercury emissions but still
there are various sectors and data gaps which are yet to be accounted for total mercury emissions. As
such, the final figure of global mercury emissions in the environment is likely to be more than the
present estimates available for the whole world. In view of the health impacts associated with the
mercury emissions and its presence in the different components of environment and the phenomena
of bio-magnification, there is need to control mercury emissions from unintentional and intentional
sources. Efforts are being made by UNEP through the inter-governmental negotiating committee
(INC) to evolve a suitable mechanism including legally binding instruments (LBI) to reduce
mercury hazards. It is hoped that since mercury is a global problem, all countries will make sincere
efforts to take appropriate measures to control mercury emissions in the near future. India has
already totally phased out mercury from chlor-alkali sector in the year 2012 and has set up an
example. It is understood that India is participating in the INC meetings and it is hoped that
suitable strategy would be evolved keeping in view the best interests of the country.
References
1. Mercury emissions from India and South East Asia by Lesley Sloss IEA Clean Coal Centre
(CCC208 ISBN 978-92-9029-528-0) October 2012
2. Global Mercury Assessment 2013, UNEP
3. Report of the Task Force on Environmentally Sound Management of Mercury In
Fluorescent Lamps, Ministry of Environment & Forests, Government of India, New Delhi,
May, 2008
74
Private Chamber of Hon'ble Chairperson,
FLY ASH: A WASTE OR RESOURCE ?

P.C. Mishra
National Green Tribunal, Faridkot House, 1 Copernicus Marg ,New Delhi-110001
profpcmishra@gmail.com
Abstract
Current annual generation of 220 Million tons fly ash from coal /lignite- based thermal
power plants in India is projected to grow to 1000 Million tons /year by 2031-32 with expanding
power sector. Management of large volume of fly ash produced in the country has been a great
challenge. It demands large stretches of land for storage in the form of lagoons and mounds. About,
1, 50, 000 acres of land is already occupied by ash ponds. Applications of fly ash are now being
accepted at large scale, resulting increase in fly ash utilization to the level of 55% out of 220 Million
tons generation. Present paper discusses the potential of fly ash use in Geotechnical structures and in
agriculture.
Introduction
Urbanisation and industrialisation are the two processes that are going on unabated all
over the world. Apart from the benefit realised due to these processes, one has to look into their
negative effect on the environment and Society. Most important negative impacts are (i)
generation of huge quantity of waste by-products and the problems related to their safe storage
and disposal and (ii)Scarcity of land and materials for constructional activities, which include
infrastructure development. Any well planned developmental activity undertaken by any public /
private sector must consider these two aspects seriously. Since, the economic development of any
country is directly related to their energy production and consumption, more thrust is being
applied off-late on the electrical power generation sector. Establishing large scale hydroelectric
power plants or nuclear power plants is drawing lesser priority due to their inherent limitations.
Therefore, installing the coal-based thermal power plants is being encouraged world-wide. Over
the last few decades electricity generation in the country has remained coal - dependant to the
extent of about 66% as compared to global average of about 50%. As Indian coal resources stand
at about 300 billion tons, and there is limited access of other forms of energy sources, the
dependence of power sector on coal is destined to continue for foreseeable future. The current
world-wide production of coal ashes, due to burning of coal in power sectors and other
industries, is more than 700 million tons of which about 70% is fly ash (Malhotra and Mehta,
79
2002 ). In India current annual generation of 220 Million tons fly ash from about 120 utility
and 60 captive coal /lignite- based thermal power plants of 1,60,000 MW (approx) capacity is
projected to grow to 1000 Million tons /year by 2031-32 with expanding power sector.
Management of large volume of fly ash produced in the country has been a great challenge. It
demands large stretches of land for storage in the form of lagoons and mounds, known as ash
ponds and ash mound. About, 1, 50, 000 acres of land is already occupied by ash ponds.
Applications of fly ash are now being accepted at large scale, resulting increase in fly ash
utilization to the level of 55% out of 220 Million tons generation. During 1994, it was only 3%
of 40 Million tons total generation. But huge quantum of coal ashes thus generated has made the
ash handling and disposal problems very acute. The situation in developing and even in some of
the developed countries has reached such a stage of considering coal ash storage and disposal
problem a national problem. Any poor planning, management and disposal of coal ashes will
lead to many social and health problems in the locality and pollution of the environment of the
region as well.
Physico-Chemical Properties of Fly ash
Coal ashes have been shown to have advantageous properties such as low specific gravity,
lower compressibility, higher rate of consolidation, high strength, high volume stability, water
insensitiveness to compaction and pozzolanic reactivity. The use of coal ashes having these
beneficial properties, which are being considered as industrial wastes, in the field of geotechnical
engineering serves dual purposes. Coal ashes accommodate themselves as better alternate
materials of construction. Their use in bulk in the field of geotechnical engineering is an eco-
friendly way of their safe disposal. However, by virtue of its physical characteristics following
problems are associated with fly ash (Pujari and Dash 2006).
(i) Due to heavy disposal, fly-ash particles both as dry ash and pond ash occupy many
hectares of land in the vicinity of power station.
(ii) Because of its fineness, it is very difficult to handle fly ash in dry state. Flying fine
particles of ash corrode structural surfaces and affect horticulture.
(iii) It disturbs the ecology through soil, air and water pollution.
(iv) Long inhalation of fly-ash causes various serious diseases like silicosis, fibrosis of lungs,
Bronchitis etc.
Fly ash consists of practically all the elements present in soil except organic carbon and
nitrogen. The factors influencing the physical properties are also responsible for wide variation of
chemical properties of fly ash. Theis and Wirth (1977) found that the major components as Al,
Fe and Si, with smaller concentrations of Ca,K, Na, Ti, and S. Fly ash contains a variety of trace
elements, some of which are required by plant and animals in varying amounts, whereas some
may have toxic effect. Fly ash contains essential macronutrients including P, K, Ca, Mg and S
and micronutrients like Fe, Mn, Zn, Cu, Co, B and Mo. Some are rich in heavy metals such as
Cd and Ni (Adriano et al., 1980). On an average 95-99% of fly-ash consists of oxides of Si, Al,
80
Fe and Ca and about 1-5% consists of Na, P, K and S and the remainder of the ash is composed
of trace elements. It is considerably rich in trace elements like lanthanum, terbium, mercury,
cobalt and chromium (Adriano et al., 1980). According to Page et al. (1979) many trace
elements including As, B, Ca, Mo, S, Se and Sr in fly ash are concentrated in the smaller readily
available plant macro and micronutrients. In conjunction with organic manure and microbial
inoculants, fly ash can enhance plant biomass production from degraded soils (Jala and Goyal,
2006). Moreover, the oxides of iron and aluminium present on the surface of the fly ash particles
attract toxic trace elements, such as Sb, As, Be, Cd, Pb, Hg, Se, and V, and they are found to be
concentrated largely on the surface of fly ash.
Environmental contamination by Fly ash
Fly ash generated from such coal-based thermal power plants pose a threat to physical
and human environment if not used sustainably. Fly ash causes the pollution of both surface
water and ground water. Surface Water pollution has a negative impact on the aquatic and plant
life of the region. Being very light, fly ash particles get easily airborne, thus polluting the
atmosphere. Fly ash particles in air can easily enter into the human respiratory system. This leads
to many health disorders such as silicosis, bronchitis, pneumonia etc. Due to the polluted
atmosphere, the visibility even in the day time gets affected. The deposition of air borne fly ash
particles affects the top soil characteristics drastically. The deposition of fly ash particles on the
plants interferes with the metabolic activities of the plants leading to the destruction of the
plant life in the region. Vast area of land used for storing the coal ashes either in the dry form or
in the wet form in ash ponds becomes wasteland in due course of time. This will incur huge
capital loss as well. Being alkaline in nature, fly ash corrodes the structural surfaces with which it
comes in contact.
Thus the coal- based thermal power plants, which aim at enhancing the economy of a
country pose a serious threat to the very civic life of the country itself. However, a proper
planning and management of such power projects will help not only in minimising the coal ash
storage / disposal problems, but also in achieving many 'positives'. The gravity of the situation
was realized by the Government of India and National Fly Ash Mission was commissioned
during 1994. The concerted effort since then have converted fly ash into a resource material for
application across the sectors viz: Building components (Bricks, blocks, tiles, aggregates
etc.),cement and concrete, mine filling, agriculture, forestry, waste land reclamation including
sodic, saline and degraded soil, hydraulic structures, composites and value added products etc.
Technologies for these applications of fly ash are now being accepted at large scale, leading to
increase in fly ash utilization level to 55% of 220 MT generations from only 3% of 40 MT
generations in 1994.
Soil and Fly ash
Chemical composition of coal ashes and soils are essentially similar (Table 1 and Table 2)
except for the fact that the type of the trace elements present in coal ashes and soils can be quite
81
different. Coal ashes differ from soils on certain counts which favour their use as alternate /
substitute materials to soil in the field of geotechnical engineering .Fly ash comprises a wide
range of inorganic matters. Physically, fly ash occurs as very fine particles, generally having sizes
in the range from a few micron to 150 microns, low to medium bulk density, high surface area
and sandy silt to silty loam texture. Chemically, fly ash is amorphous ferro-alumina silicate
mineral with major matrix elements like, Si, Al, Fe, together with significant amounts of major
/secondary nutrients (K, P, Ca, Mg, S) and micro nutrients (Cu, Zn, Mn, Fe, Mo, B). The
concentration of heavy metals and radio-nuclides in fly ash generated from Indian coals is very
low. Their leachability /availability and effect on soil or plant are negligible and below the levels
that can cause ill-effects. The impact of use of fly ash for various applications is beneficial from
health and environment point of view also. The texture, Physico-chemical and geo-technical
properties of fly ashes as well as trace/heavy metal content and radioactivity are similar to those of
common soils except some specific properties of fly ash that are advantageous for various
applications. Due to these properties of fly ash, it can be safely used in agriculture, mines, road/
embankment, as building material, etc. The pozzolanic property of fly ash/lime reactivity enables
it to be used in manufacture of cement and in concrete to replace a part of cement.
Table 1 Range of Physical Properties in Fly ash and soil
SN Parameters Fly Ash Natural Soil
1 Bulk Density (gm/cc) 0.9-1.3 1.3-1.8
2 Specific Gravity 1.6-2.6 2.55-2.75
3 Plasticity Non-plastic Could be much higher
4 Shrinkage Limit Higher Could be much lower
(Volume stability)
5 Grain size Major fine sand / fine sand / silt /clay particles
silt and small per depending upon type of soil
cent of clay size
particle
6 clay size particles Clay (per cent) Could be much higher
Negligible
7 Free Swell Index Very low Variable
8 Classification (Texture) Sandy silt to silty Sandy to clayey silty loam

loam
9 Water Holding 30-60 05-50
Capacity(WHC) (per cent)
10 Porosity (per cent) 30-65 25-60

11 Surface Area (m / kg) 500-5000 -
12 Lime reactivity (MPa) 1-8 -
13 pH 6-8 4.5-8
Source : Vimal Kumar et al 2013
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Table 2 Chemical properties of Fly ash and soil

Compounds Fly ash Pond Ash Soil Compounds Fly ash Pond Ash Soil
SiO 38-63 37.7-75.1 43-61 CaO 0.2-8 0.2-0.6 1-7
AlO 27-44 11.7-53.3 12-39 K2 O 0.04-0.9 0.1-0.7 0.4-2
TiO 0.4-1.8 0.2-1.4 0.2-2 Na O 0.07-0.43 0.05-0.31 0.2-3
FeO 3.3-6.4 3.5-34.6 1-14 pH
MnO BD-0.5 BD-0.6 0.02-0.1
MgO 0.01-0.5 0.1-0.8 0.2-3
Source: Sridharan 2013
Fly ash as material for geotechnical applications
Geotechnical and chemical properties of Indian ashes of various power plants have been
found to be favorable to construction of roads, embankments and other applications. The
significant properties of fly ash that must be considered when it is used for construction of road
embankments are gradation, compaction characteristics, shear strength, compressibility and
permeability properties. Fly ash, especially coarse fly ashes i.e. pond ash, mound ash and bottom
ash are excellent substitute of soil for construction of embankments, reclamation of low lying
areas as well as marshy lands and for treatment of swelling clayey soils, etc. Finer fly ashes from
ESP are also suitable for construction of embankments and reclamation of low lying areas with
slightly increased water requirement and additional rolling to achieve the required compaction.
No binders / additives are required for construction of embankments. Fly ash exhibits strength
characteristics similar to those of cohesion less soil. The compressibility of fly ash is about 50
per cent less than that of clay loam but with a higher consolidation rate. Further, all weather
rural roads can be constructed by stabilizing fly ash with about 5 per cent lime and without any
requirement of flexible/rigid pavement. Use of fly ash in concrete for rigid pavements and
bridges, improves the quality of concrete, its life and economizes the cost. Fly ash can be used as
very good fill material for construction of reinforced embankments. Such embankments,
popularly known, as 'RE Walls' are widely used in urban areas for approaches to flyovers and
bridges. RE walls have several advantages like faster rate of construction, economy, aesthetic look
and saving the land requirement for construction of an embankment. Fly ash is an ideal backfill
material for RE wall construction because of its higher angle of internal friction and better
drainage property. Geosynthetic materials like geogrids or geotextiles can be used as
reinforcement for construction of reinforced fly ash embankments.
Fly ash brick is a building material, specifically masonry units, containing class C fly
ash and water. Compressed at 28 MPa (272 atm) and cured for 24 hours in a 66 °C steam bath,
then toughened with an air entrainment agent, the bricks last for more than 100 freeze-thaw
cycles. Owing to the high concentration of calcium oxide in class C fly ash, the brick is
described as "self-cementing". The manufacturing method saves energy, reduces mercury
pollution, and costs 20% less than traditional clay brick manufacturing. Fly ash bricks are lighter
83
than clay bricks.

The fly ash brick has the following advantages
1. Due to high strength, practically no breakage during transport and use.
2. Due to uniform size of bricks mortar required for joints and plaster reduces almost
by 50%.
3. Due to lower water penetration seepage of water through bricks is considerably
reduced.
4. Gypsum plaster (plaster of Paris) can be directly applied on these bricks without a
backing coat of lime plaster.
5. These bricks do not require soaking in water for 24 hours. Sprinkling of water
before use is enough.
Fly ash and its products have now been included as a regular constructions item in the
Specifications and Schedule of Rates of CPWD and various state PWDs. About 10 new
standards for fly ash have been formulated / thoroughly revised and about 60 standards have
been amended for fly ash use. The Gazette Notification issued by Ministry of Environment &
Forests in September 1999 (amended in August 2003) for conservation of soil especially
highlights use of fly ash in almost all types of construction. It makes it mandatory to produce and
use fly ash / its products (bricks, blocks, tiles etc.) within 100 kms. radius of a thermal power
station. It further prohibits excavation of soil for construction of any road / embankment within
that area. The Ministry of Road, Transport & Highways has also issued similar circular making it
mandatory to use fly ash for road / embankment construction within 100 km. of a thermal
power station. The required Guidelines for use of fly ash for road embankment as well as rural
roads have been prepared & issued. To further facilitate the availability of fly ash of required
quality, the directions have been issued to the thermal power stations to install dry fly ash
collection and delivery system.
Fly ash use in Agriculture
Soil Quality
Khan & Khan (1996) reported an increase in pH, conductivity, carbonate, P,K, Ca, Mg,
Mn, Cu, Zn and B with a increase in fly ash proportion in a loam soil. They also reported
significant reduction in N content, being minimal at 90 and 100%, Sarangi et al. (1999) also
reported increase in conductivity, available phosphorous and Nitrogen with a gradual decline in
organic carbon content with increase in fly ash proportions. Soil enzyme activities like invertase,
amylase, dehydrogenase and protease activity increased with increasing application of fly ash up
to 15 t/ha , but decreased with higher levels of fly ash application (Mishra et al 2003). A gradual
increase in CO2 evolution in soil was recorded with increased concentration of fly ash up to 17.5
t/ha with a 142% increase over control (Sarangi et al 2001). Sarangi et al. (1999) have reported
84
increased protease, amylase, invertase , and dehydrogenase activity up to 20 t/ha fly ash

application under wheat CO2 evolution, as reported by them, was 43% more than the control at
16 t/ha application. Increase in enzyme activity and CO2 evolution in soil indicate increased soil
microbial activity (Mishra et al. 1979). Wong and Wong (1986) reported that 3 % level of fly ash
application to sandy loam soil led to enhanced microbial activity which may be due to
supplementation of macro and micronutrients from fly ash. Lal et al (1996) observed a higher
microbial activity up to 8% level of fly ash application with acid alfisol. Fly ash contains many
nutrient elements essential for plant growth, which can be used to increase crop productivity
(Page et al. 1979, Hodgson et al. 1982,Srivastava et al 1995).Research undertaken on fly ash
amendment in soil indicated agronomic potential as liming agents (Doyle 1976, Chang et al.
1977). It also increases crop yield (Wong & Wong 1989, Warambhe et al.1992, Singh et al.
1994, Khan & Khan 1996) as well as improve the physical and chemical characterization of soil.
Plant Growth
Fly ash has the potentiality for use in agriculture as soil nutrient supplement. Having
both the soil amending and nutrient-enriching properties, it is helpful in improving crop growth
and yield in low fertility acid lateritic soils (Basu et al., 2007). Many researchers have
demonstrated that fly ash increased the crop yield of wheat (Triticum aestivum), alfalfa (Medicago
sativa), barley (Hordeum vulgare), bermuda grass (Cynodon dactylon), Sabai grass (Eulaiopsis
binata),mung (Vigna unguiculata) and white clover (Trifolium repens) and improved the physical
and chemical characteristics of the soil (Jena 20130. Application of weathered coal fly-ash at 5%
resulted in higher seed germination rate and root length of lettuce (Lactuca sativa). The crop
response to fly-ash application may vary widely from beneficial to toxic depending on the
concentration of various elements present in it (Kalra et al., 2000). Application of fly ash extract
in the lower concentration had no significant effect on germination and seedling growth of corn
and soybean, whereas higher concentration of fly ash extract had deleterious effect on
germination, viability, number of roots, shoot and root length, fresh weight and dry matter of
seedling of both the crops (Shukla and Mishra, 1986). Application of fly ash at 10 and 20 t/ha
increased rice yield from 1.02 to 3.83 t/ha in 1979 and 4.65 t/ha in 1980. Similarly, wheat yield
was -increased from 0.57 t ha (control) to 2.53 t ha in 1979 and 2.85 t/ha during 1980s (Tiwari
et al., 1982). Amendment of fly ash up to 40 % improved the growth and yield of rice crop,
whereas the gradual decline in plant growth and yield parameters was found from 60% to 100%
fly ash-amended soil. This adverse effect was attributed to salinity caused by higher levels of
sulfate, chloride, carbonate and bicarbonate in fly ash-amended soil (Singh and Siddique, 2003).
Rice plants responded positively to fly ash amendments with no visual symptoms
attributed to either toxicity of fly ash or deficiency of any nutrients (Mishra 2013). Above ground
plant biomass increased by 3- 25%, where as underground biomass increased by 30% in weight
at 10 t/ha & by only 8% at 17.5 t/ha fly ash application .However, decrease in root biomass in
fly ash amended soil over control were not significant. It was also observed that the roots of the
plants grown in fly ash amended soil grow more horizontally which may be due to compactness
85
of soils due to fly ash application than the control soil (Sarangi et al 1999). More plant nutrients
in fly ash amended soil contributes to more above ground biomass. The total plant biomass
increased by 2-18% in fly ash amended soil compared to the control. The increase in above
ground biomass and total biomass were 25% & 17% respectively at 20 t/ha fly ash rate over the
control. It is reported that decrease in total root length and cotyledon length of seedlings of
desert annuals with increased ash amendment up to 50% (Sarangi and Mishra 1998). Wong and
Wong (1989) reported an increase in seed germination, shoot length and cotyledon length of
B.parachinesis and B chinesis using a 6% amendment to sandy loam soil. Singh et al. (1994)
observed that 2% fly ash amendment enhanced B.vulgaris growth in terms of biomass
accumulation. Sikka and Kansal (1995) reported that 2-4% fly ash application had beneficial
effect on dry matter yield of O.sativa & Lal et al. (1996) observed a higher dry matter yield of G.
max at 16% fly ash amendment, Sarangi et al. (1999) recorded 13-14% increase in total biomass
and 17% increase in below ground biomass in fly ash amended soil over control. Sarangi &
Mishra (1998) while evaluating the yield of groundnut, ladies finger and raddish in fly ash
amended soil observed an increase in root length, above ground biomass and total leaf area in
experimental plots over the control. Sarangi et al (1998) recorded significant increase in growth
of Ground nut, Ladies finger and Radish in fly ash amended soil.
Grain & Straw Yield
A gradual increase in grain and straw yield was observed with increase in ash application
up to 17.5 t/ha with a maximum increase of 21% (grain) and 18% (straw) at 17.5 t/ha over the
control (Sarangi et al 1997). Matte and Kenne (1995) recorded a maximum increase in yield of
Arachis hypogaea, Triticum aestivum, Vigina radiata, G. max., Brassica Juncea and Gossipium
hirsutum at 10t. ha fly ash and a 33% -1 increase was observed in rice grown yield at 15t/ha fly
ash application enhanced Plant growth, yield and pigment content was recorded in Lycopersicol
esculentum at 40-80% fly ash amended soil (Khan & Khan 1996). In pot culture experiment,
Sarangi et al. (1997) recorded a 27% increased in rice grain yield/plant at 15% fly ash
amendment over control. Kuchanwar and Matte (1997) observed a -1 significant increase in pod
and straw yield of A. hypogaea at 5 and 10 t/ha fly ash over control. Sarangi et al. (1999)
recorded a 84% increase in total no. of grains/particle of wheat at 25 t/ha fly ash application
with a 75% increase in total grain /ha .
Although fly ash has the potentiality for use in agriculture as soil nutrient supplement,
accumulation of toxic metals in plants and soil due to fly ash application cannot be ruled out
(Mishra 2011). Furr et al (1978) demonstrated that alfalfa, sorghum (Sorghum bicolor), field corn
(Zea mays), millet (Echinochloa crusgalli), carrots (Daucas carota), onion (Allium cepa), beans
(Phaseolus vulgaris), cabbage (Brassica oleracea), potatoes (Solanum tuberosum) and tomatoes
(Lycopersicon esculentum) grew on a slightly acidic soil (pH 6.0) treated with 125 t/ha of
unweathered fly-ash and that these crops showed higher contents of As, B, Mg and Se. Mishra
and Dash (1996) in their study on possible use of fly ash in agriculture recorded accumulation
of Aluminium, copper, chromium, lead in soil, root, shoot and grains of rice plants with
86
maximum accumulation in soil and minimum in grains. Maximum accumulation was also
observed in soil applied with higher proportion of fly ash. Therefore, it is necessary to evaluate
the appropriate proportion of fly ash for amendment in order to enhance the crop yield and
simultaneously minimize the metal accumulation in plants to the permissible limit.
Conclusion
Waste is a pressing environmental, social and economic issue. Increasing consumption
and a developing economy continue to generate large amounts of waste - with more effort
required to reduce and prevent it. While waste was viewed as disposable in the past, today it is
increasingly recognised as a resource. This is reflected in the waste management shift away from
disposal towards recycling and recovery. So Fly ash is not to be considered as wastes but a
misplaced resource.
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and yield of three cultivars of rice. Bioresour. Technol. 86: 7378.
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(1992).Nutrient Availability and Growth Performance of Cotton Receiving Fly ash Application.
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89
Conference Hall, National Green Tribunal
CLIMATE CHANGE WITH SPECIAL REFERENCE

TO FORESTRY SECTOR IN INDIA
Bikram S Sajwan
Expert Member
National Green Tribunal, New Delhi
Abstract
The climate change has been an important subject of recent past. Energy use and
development are strongly correlated. Energy generation process through thermal power plants
results in emission of Carbon Dioxide (CO2), which is considered as major cause of global warming
leading to climate change. The paper highlights India's position among developed countries with
respect to emission of carbon dioxide. The major climate changes that are observed in India are
highlighted in the paper in terms of increased temperature and irregular monsoon pattern. The
possible impacts of climate change are summarised in the paper in terms of reduced food production,
melting of glaciers and water scarcity.The paper elaborates various management strategies for carbon
reduction. A detailed discussion on the role of forest in carbon reduction is presented. Some of the
important approaches suggested for mitigation measures. Finally,some of the international
initiatives are explained in brief.
The phenomenon of climate change has come to be recognised as a reality today and is
largely attributable to large scale anthropogenic emission of greenhouse gases (GHG) in to the
atmosphere especially since the onset of industrial revolution which began in the 18th century. It is no
longer a mere environmental concern but is the biggest developmental challenge for the planet. Its
economic impact, particularly on the poor, poses major governance challenges.The former Prime
Minister late Mrs Indira Gandhi had stated that poverty is the worst polluter. Therefore,
development and poverty eradication will be the best form of adaptation to climate change.
2. It is now well understood that there is a positive correlation between energy use and
development. Increased use of energy, however, is directly proportional to the CO2 emissions. Per
capita CO2 emissions of some regions in the world are as follows;
93
COUNTRY METRIC TONNES

USA 20.01
EU 9.40
Japan 9.87
China 3.60
Russia 11.71
India 1.02
World Average 4.25
3. Though Low carbon consumption is an indicator of the level of development, however,
improved technological interventions can also bring down energy intensity of economy.
Observed Changes in Climate Change in India:
4. The National Communication (NATCOM) to United Nations FrameworkConvention on
Climate change (UNFCCC) has compiled the changes in various parameters as below:
· An increase of about 0.4 in surface air temperature over the past century.
· Though observed monsoon rainfall does not show any significant change, regional
variations are recorded, increasing seasonal rainfall along the West coast and NW
India and a decreasing seasonal rainfall in NE India and some part of MP, Gujarat
and Kerala
· Extreme weather events, increase in frequency of droughts and a rising trend in

frequency of heavy rain events
· The sea level rise has been between 1.06-1.75 mm per year. These rates are
consistent with 1-2 mm per year global sea level rise estimates of Inter-
Governmental Panel on Climate Change (IPCC)
· The available data points towards recession of some glaciers but the data is not
consistent
Projections for the 21st century:
5. Annual mean surface temperature is projected to rise by the end of century, ranging from 3o
0 o 0
to 5 Cand 2.5 to4 C under two different scenarios of IPCC, with warming more
pronounced in the northern parts of India.
Possible impacts of projected climate change:
6. Changes in key climate variables, namely, temperature, precipitation, and humidity, may
have significant long-term implications for the river systems of the Brahmaputra, the
94
Ganges, and the Indus, which benefit from melting snow in the lean season and are likely to
be particularly affected by the decrease in snow cover. A decline in total run-off for all river
basins is projected except Narmada and Tapti river basins. A decline in run-off by more than
two-thirds is also anticipated for the Sabarmati and Luni basins. Due to sea level rise, the
fresh water sources near the coastal regions will suffer salt intrusion.
The Indian Himalayan Region (IHR) has fresh water reserves in its lakes and glaciers,
recharged by monsoon rains and winter precipitation. About 17 % of the total area of the
2
IHR is under permanent cover of ice and snow (approx. 32000 KM ). Over 9,000
3
Himalayan glaciers form a unique reservoir storing about 12000 KM of fresh water.
Himalayan glaciers are important in maintaining ecosystem stability and as buffers
regulating runoff water supply. However, since continuous glacier recession is becoming a
distinct possibility in the context of global warming, spatio-temporal monitoring of its mass
and dynamics has become important. Likewise, the likely effect on the IHR dwellers and
their resource use is now a real possibility. In a wider context the possible impact on the
operational efficiency of downstream hydropower and irrigation projects would also be
impacted and requires study.
3
Table 1: Rate of recession of various glaciers in the IHR
Name of glacier River originating Period of Measurement Average rate
(m/yr)
Milam glacier Goriganga 1849-1957 = 108 years 12.50
Pindari glacier Goriganga/Alknanda 1845 – 1966 = 121 years 23.40
Gangotri glacier Bhagirathi 1962-1991 = 29 years 20.00
Dokriani glacier Bhagirathi 1962-1991 = 29 years 16.5
Bara shigri Chenab 1956-1963 = 07 years 31.28
Chhotashigri Chenab 1987 – 1989 = 3 years 18.50
Chorabari Mandakni 1962-2005 = 41 years 5.8
Shankulpa Balam gad / Goriganga 1981 – 1957 = 76 years 6.8
7. Because of reasons not well understood, but essentially because of an absence of primacy
given to the conservation of the water resources of the IHR, many areas of the IHR are facing
water and moisture scarcity. Rainfed re-charge in the springs is decreasing as evident by their
drying up or decreased discharge observed in the springs of Uttarakhand, (Decrease was 25
% to 75 % during the preceding 5 to 50 years in different springs).
8. Food production in India is sensitive to climate changes, such as, variability in monsoon
rainfall and temperature changes within a season. Studies by Indian Agricultural Research
0
Institute (IARI) and others indicate that 1 C rise in temperature is expected to reduce wheat
95
production by 4-5 Million Tonnes. Small changes in temperature and rainfall have
significant effects on the quality of fruits, vegetables, tea, coffee, aromatic and medicinal
plants, and basmati rice. Pathogens and insect populations are strongly dependent upon
temperature and humidity, and changes in climate parameters may change their population
dynamics. Other impacts on agricultural and related sectors include lower yields from dairy
cattle and decline in fish breeding, migration, and harvests. Global reports indicate a loss of
10-40 % in crop production by 2100.
9. Changes in climate may alter the distribution of important vector species (for example,
malaria mosquitoes) and may increase the spread of such diseases to new areas. If there is an
increase of 3.8 0 C in temperature and a 7 % increase in relative humidity, the transmission
windows i.e, months during which mosquitoes are active, will be open for all 12 months in 9
states in India. The transmission windows in Jammu and Kashmir and in Rajasthan may
increase by 3-5 months. However, in Orissa and some southern states, a further increase in
temperature is likely to shorten the transmission window by 2-3 months. (NAPCC: 2008)
Approaches to Carbon Management
10. In the context of climate change, there are primarily two approaches, namely, Adaptation
and Mitigation to deal with the green house gas emissions (GHG). Adaptation comprises
the measures taken to minimise the adverse impact of climate change, eg. relocating the
communities living close to the seashore, for instance, to cope with the rising sea level or
switching to crops that can withstand higher temperature. Mitigation on the other hands
comprises measures to reduce the GHG that cause climate change in the first place that is by
switching to renewable sources of energy such as solar energy or wind energy or nuclear
energy instead of burring of fossil fuel in thermal power stations.
11. Current thinking about climate change mitigation options look at three broad categories:
· Avoiding production or release of CO2 in the first place. These options to manage
carbon include improving energy production and conversion efficiency and end use
so that fewer units of primary fossil energy are required to provide the same energy
service.
· A second approach is to substitute lower-carbon or carbon-free energy sources for

our current sources. This will mean substituting lower-carbon fossil fuels such as
natural gas for coal or oil; using renewable energy supplies such as solar, wind, or
biomass; or increasing the use of nuclear power.
· Carbon sequestration could represent a third approach in addition to efficiency

improvement and evolution toward low-carbon fuels.
Carbon Sequestration:
12. Carbon sequestration can be defined as the capture and secure storage of carbon that would
96
otherwise be emitted to or remain in the atmosphere. The idea is (a) to keep carbon
emissions produced by human activities from reaching the atmosphere by capturing and
diverting them to secure storage or (b) remove carbon from the atmosphere by various
means and store it.
(i) Sequestration in the Oceans: The oceans represent a large potential sink for
sequestration of anthropogenic CO2. There are primarily two methods for the
sequestration of carbon in the ocean (a) a relatively pure CO2 stream generated by a
power plant, decarbonised fuel production system, or industrial facility could be
injected directly into the ocean. The injected CO2 may become trapped in ocean
sediments or ice-like solids, called hydrates, (b) the net oceanic uptake from the
atmosphere could be enhanced through a method such as iron fertilization. These
approaches will require better understanding of marine ecosystems to enhance the
effectiveness of applications and avoid undesirable consequences.
(ii) Sequestration in Terrestrial Ecosystem: Terrestrial ecosystem which are made up of
vegetation and soils containing microbial and invertebrate communities, sequester
CO2directly from the atmosphere. The terrestrial ecosystem is essential a huge
natural biological scrubber for CO2 form all fossil fuel emissions sources, such as
automobiles, power plants, and industrial facilities. Computer models estimate
that terrestrial ecosystem-forests, vegetation, soils, farm crops, pastures, tundras,
and wetlands-have a net carbon accumulation of about one-fourth (1.5 to 2 GtC) of
the 7.4 GtC emitted annually into the atmosphere by fossil fuel combustion and
land use changes. If there were an increased focus on practice to enhance the natural
carbon cycle, the potential for terrestrial ecosystem to remove and sequester more
carbon from the atmosphere could be increased, for example, by improving
agriculture cultivation practices to reduce oxidization of soil carbon and enhancing
soil texture to trap more carbon, and protecting wetlands.
Table 2: Global carbon stocks in vegetation and top 1 m of solid (IPCC, 2000).
Area Vegetation Carbon Stocks ( Total
Biome ( 106 KM2) GtC) Solids
Tropical forests 17.6 212 216 428
Temperate forest 10.4 59 100 159
Boreal forests 13.7 88 471 559
Tropical savannas 22.5 66 264 330
Temperate grasslands 12.5 9 295 304
Deserts and semi-deserts 45.5 8 191 199
Tundra 9.5 6 121 127
Wetlands 3.5 15 225 240
Croplands 16.0 3 128 131
Total 151.2 466 2011 2477
97
(iii) Sequestration in Geologic Formations: The geologic formations have the potential for
sequestering large amounts of CO2. About 70 oil field worldwide use injected CO2 for
enhanced oil recovery. CO2 sequestration is already being practiced in a sub-seabed
reservoir in the North Sea of Norway. The primary uncertainty is the effectiveness of storing
CO2 in geological formations how easily CO2 can be injected and how long it will remain.
Only through experience will enough knowledge be gained to assess the ultimate
sequestration potential of geologic formation.
Forestry based mitigation options
13. Forests act as reservoirs by storing carbon in biomass and soils and as carbon sinks when their
area or productivity is increased, which results in greater uptake of atmospheric carbon
dioxide (CO2), the most important greenhouse gas,. Conversely, forests are also a source of
greenhouse gases when biomass burns or decays. Some practices involved in plantation
development, forest management and agro-forestry, such as tilling and use of natural
fertilizers, can release greenhouse gases.
14. Climate is one of the most important determinants of vegetation patterns globally and has
significant influence on the distribution, structure and ecology of forests. Based on a range of
vegetation modelling studies, the IPCC suggests potential forest dieback towards the end of
this century and beyond,especially in the tropics, boreal and mountain areas. A report from
the International Union of Forest Research Organization paints a rather gloomy picture
about the future of the world forests in a changed climate, as it suggests that in a warmer
world the current carbon regulating services of forests (as carbon sinks) may be entirely lost
as land ecosystems could turn into a net source of carbon dioxide later in the century.
Global forestry Scenario
15. Forests cover around 4 billion hectares which accounts for about 31 % of the land on earth
rd
and contain more than 2/3 of terrestrial species. Amazon basin alone accounts for about 25
% of the all land based species. More than 1.6 billion people depend on forests which are
home to about 300 million people living around the forests.
The loss of forest and forest degradation is a serious challenge to the climate change as an
approximately 1/5th of the carbon dioxide emission from the atmosphere are sequestered by
the standing forest. The rate of deforestation which is of the order of 13 m ha every year is
also the cause for increasing emissions. It is estimated that emission resulting from
deforestation and forest degradation contribute to about 15 % of the annual global GHGs.
Indian Forestry Context
16. Forests accounts for about 21 % of the geographic area of the country (SFR; 2011). India
th
ranks 10 in the list of most forested nations in the world with 76.78 million hectare of forest
and tree cover. Over the past decades, national policies of conservation and sustainable
management have transformed the country's forests into a net sink of CO2. From 1995 to
98
2005, carbon stocks stored in forests are estimated to have increased from 6,245 million
tonnes to 6,622 million tonnes, thereby registering an annual increment of 37.68 million
tonnes of carbon or 138.15 million tonnes of CO2 equivalent. Recently, FSI (SFR, 2011) has
also estimated the carbon stock in forest land, remaining forest land including land
converted to forest land in 2004 at 6,663 million tonnes corresponding to annual
incremental carbon accumulation by country's forests to 59.2 million tonnes i.e. annual
removal of 217.07 million tons of CO2 equivalent. Putting a conservative value of US $ 5
per tonne (1 US$= Rs. 55.00), the economic value of this function is estimated at Rs.
5,969.42 crore (US$ 1,085.35) million annually. (Bahuguna et al: 2013 )
Impact of climate change on forest assessment
17. The Indian Institute of Science has carried out a study which revealed that the national level,
about 45% of the forested grids are likely to undergo change in forest vegetation. However,
vulnerability of forests is higher in the upper Himalayan stretches, parts of Central India,
Northern Western Ghats and the Eastern Ghats. In contrast, the North Eastern forests,
Southern Western Ghats and the forested regions of Eastern India are estimated to be least
vulnerable. Currently, within the forested area of 69 mha (million hectare) only 8.35 mha is
categorized as very dense forest. More than 20 mha of forest is monoculture and more than
28.8 mha is fragmented (open forest) and has low tree density. Low tree density, low
biodiversity status and higher levels of fragmentation contribute to the vulnerability of these
forests. (RabindranathN.H.: 2011)
18. Impact of climate change on forest also have severe implication for people who depend on
forest resources for their livelihood with merely 1 lakh 17 million villages classified as forest
villages, there is large depended of communists of forest resources in India.
19. Habitat loss and fragmentation, resource exploitation and climate change have the potential
to accelerate the loss of biodiversity, its distribution and abundance in the tropics. Loss of
biodiversity also diminishes forest ecosystems resilience - that is, their ability to adapt and to
recover from natural and human induced disturbance. Higher is the biodiversity index of an
ecosystem, greater is the resilience of an ecosystem. There is also growing concern that
changes in climate could occur so rapidly that many forest species will not be able to adapt or
migrate - which in itself depend upon the characteristics of species and the landscape.
Habitat fragmentation also prevents connectivity of habitat to allow for natural migration of
species and thereby affecting the adaptive capacity of species and viability of ecosystems.
Suggested Approaches:
20. Some of the key actions that can be taken nationally to deal with climate change within the
forestry sector are:
i. Initiate a long term monitoring of vegetation response to climate change in the
short, medium and long term.
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ii. Since nearly half the forested grids are projected to experience changes in vegetation
type, there is a need for incorporation of climate change in all forest conservation
and development programmes, such as 'Greening India Mission'.
iii. Modifying the existing forest management practices to incorporate the projected
climate change and the likely impacts.
iv. Move away from mono-culture plantation to multiple species afforestation and
thereby enhance biodiversity. Higher the biodiversity, greater is the ecosystem
resilience to the negative effect of climate change.
v. Provide for restoration/reforestation of degraded and vacant patches of land mass
between different forest types. This will provide corridors for migration of plant
species – an inevitable consequence of climate change.
vi. Large extent of forest is subjected to fire damage, particularly those in the
Himalayan region. The vulnerability on this account needs to be addressed by
effective fire monitoring and control strategies.
vii. More than 1/4th of India's forests are located in the northeast regions, where forests
are either community controlled or owned. Joint Forest Management Programme
and meaningful participation of communities needs to be internalised in
management of such forest with benefit sharing mechanism put in place.
viii. The problem of invasive alien species like Lantana camara is urgent and economic
and environmental impact is severe. Presence of such species increases vulnerability
of forest to threats from fires, insect and pest damage besides weakening the
ecosystem processes within the forest. Special program need to be initiated to deal
with this major challenge in forest management.
International Cooperation: the Multilateral Regime on Climate Change
21. A scientific and political milestone in climate change policy development occurred in 1988
with the establishment of Inter GovernmentalPanel on Climate Change (IPCC). The
IPCC was charged with providing “internationally coordinated assessment of the
magnitude, timing and potential of environmental and socio economic impact of climate
change”.
22. As a party to the UN Framework Convention on Climate Change (UNFCC) and its Kyoto
Protocol, India plays an active role in multilateral cooperation to address climate change.
These agreements are based on the principle of “common but differentiated responsibilities and
respective capabilities”of Parties. Thus, they incorporate certain common commitments for
all Parties, including an obligation to “formulate and implement programmes containing
measures to mitigate climate change”. Additionally, the Convention requires the developed
countries, called the Annex I countries to stabilize and reduce their greenhouse gas emissions
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and the Kyoto Protocol establishes quantifies, time-bound targets in this regard. They are
also required to transfer financial resources and technology to developing countries for
purposes of mitigation and adaptation.
23. The Convention specifically notes that “per capita emissions in developing countries are still
relatively low and… the share of global emissions originating in developing countries will rise to
meet their social and development needs.”The Convention also recognizes that “economic and
social development and poverty eradication are the first and overriding priorities of the developing
country parties.”Thus, developing countries are not required to divert resources from
development priorities by implementing projects involving incremental costs – unless these
incremental costs are borne by developed countries and the needed technologies are
transferred.
The Kyoto Protocol and Clean Development Mechanism (CDM)
24. The Kyoto Protocol adopted by UNFCC in 1997 required the industrialised countries to
reduce their combined GHG by at least 5.2 % compared to 1990 levels by the period 2008 –
2012. Projects under the Clean Development Mechanism (CDM) must cause reductions
in the baseline GHGs and the baseline scenario is the scenario that represents
anthropogenic emissions that would occur in the absence of the proposed project activity
and is called the 'Business as usual' scenario. The issue of certified emission reduction (CER)
units to the investing CDM partner in the developed countries would depend upon
emission reductions in before and after scenario.
25. Kyoto Protocol, however, ran into difficulties as the US – the largest of the industrialised
countries declined to ratify it. Subsequent negotiations at Bali. Copenhagen, Cancun and
Durban have made it possible to keep the Kyoto Protocol alive till a new international
regime of legally binding targets for Carbon emission reduction is negotiated by 2015 for
period beyond 2020.
Kyoto Protocol and India
26. Despite difficulties faced by the Kyoto Protocol (KP) at the international level, and an
uncertain Carbon market, Indian government and particularly the Indian industry have
proactively engaged in CDM regime for emission mitigation. Till 2012 there were more
than 2300 approved CDM projects from India. Forestry projects account for less than 1% of
the projects. In fact, India and China account for more than 70% of the registered CDM
projects. Due to lack of commitment from developed countries, particularly the US, there
has been very little forward movement on transfer of technology. Lack of international
consensus on targets for emission reductions by 2020 and 2050, an uncertain Carbon
market and non-legally binding nature of the emission reduction targets on the part of the
Annex I countries (developed economies) makes the future of climate change negotiations
all the more challenging.
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27. International commitment have also been translated in to concrete policy actions and
programmes to deal with climate change through a National Action Plan on Climate
Change (NAPCC), monitored by Prime Minister's Council on Climate Change.
28. The National Action Plan on Climate Change identifies measures that promote our
developmental objectives while also yielding the co-benefits of addressing climate change
effectively. The NAPCC has the following eight Missions:
i. National Solar Mission
ii. National Mission for Enhanced Energy Efficiency
iii. National Mission on Sustainable Habitats
iv. National Water Mission
v. National Mission for Sustaining Himalayan Ecosystem
vi. National Mission for A Green India
vii. National Mission for Sustainable Agriculture
viii. National Mission on Strategic Knowledge for Climate Change
REDD and REDD+:
27. It is estimated that Global forest sinks can contribute to one-third of thetotal abatement by
2050, with major contribution fromavoided deforestation in tropical forest-rich countries.
Since CDM mechanism had operational problems, the UNFCC evolved a new institutional
mechanism to provide for financial support to tropical forest rich countries. This new
mechanism was called Reducing Emissions from Deforestation and Forest Degradation in
developing countries and thereby to enhance foreign carbon stocks through activities such as
forest conservation and sustainable forest management. Paying developing countries to
conserve forest highlights the economic importance of ecosystem and biodiversity.
(RavindranathNH: 2012)
28. REDD Action Plan was finalized at theCOP13 in Bali 2007 as well as additional activities.
The REDD which was enlarged to 'REDD-Plus or REDD+' at the initiative of the Indian
Government seeks to promote sustainable forest management and conservation of existing
forests besides preventing degradation / deforestation through reforestation.
REDD+ in the Indian context
29. The Forest Survey of India (FSI) which has been periodicallymonitoring area under forests
since 1987, defines forests as 'all the lands, more than one hectare in area,with a tree canopy
density of more than 10%'. In India, the forest policies, programmes and legislations like the
Forest (Conservation) Act 1980 backed up by a pro-active judiciary, particularly the
Supreme Court of India, have significantly contributed to reducedrates of deforestation,
increased afforestation andoverall stabilization of area under forests, and even increasein
gross area under forests. India is thus one of thefew tropical countries where forest cover has
stabilized orincreased.
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Components of REDD+ in the Indian context

Deforestation in India
30. The Food and Agriculture Organization (FAO) defines deforestation as 'the conversion of
forest to another land use or the long-term reduction of the tree canopy cover below the
minimum 10% threshold. For a given period, this can be estimated from: (a) Area of forest
remaining forest; (b) Afforested area (planted forest area reaching the canopy cover
threshold of 10%; and (c) Area of forest converted to non-forest purposes.
Forest degradation
31. Emissions from direct-human induced degradation of forests and de-vegetation of other
forest types defines degradation as direct human-induced long-term loss. Forest tree canopy
density can be used as anindicator of forest status, particularly from the perspectiveof forest
biomass stocks and degradation. Anypatch of forest moving from higher crown class to
lowercrown class, between two periods could potentially be considered to be subjectto
forest degradation.
Forest Conservation
32. Forest areacovered under Protected Area (PA) system of about15.87 mha covering 660 PAs,
could be considered asareas subjected to forest conservation. Since all extraction is regulated
orbanned, the forest vegetation, biodiversity and in turnforest carbon stocks are potentially
conserved.
Carbon stock enhancement
33. This could involverestoring carbon stocks in degraded forests or creatingforests where none
currently exists. Approaches mayinclude afforestation, reforestation, restoration
(throughnatural regeneration, assisted natural regeneration orplanting), rehabilitation, or
forest landscape restoration.
Sustainable management of forests
34. This was introduced in the UNFCC negotiations, and incorporated in the Bali Action Plan.
As a first order approximation, all forests being managed under an approved working plan
could be considered to be subject to SMF
Conclusion
35. Tropical deforestation accountsfor about a fifth of the global CO 2 emissions.
Reducingdeforestation and forest degradation as well as activitiesleading to carbon stock
enhancement in developing countriespresent a unique opportunity for cost-effectiveglobal
climate change mitigation while delivering multiplebenefits such as biodiversity
conservation, livelihoodgeneration and maintenance of ecosystem services.
36. Achieving the potential co-benefits of REDD+ at local level will depend on many elements:
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REDD+ design and financing arrangements; good governance structures and regulatory
systems; an adaptive approach to the design and implementation of national and sub-
national policies and strategies; agreement on and implementation of safeguards; clear
guidance principles; effective capacity building; and adequate technology transfer.
37. Although India has traditionally been characterised as a low forest low deforestation country,
it is still felt that there is significant deforestation and forest degradation occurring in India.
Consequently, there is large potential for REDD+ activity in the country. India has the right
policies, programmes and institutional mechanisms for REDD + programmes. What is,
however, required is to strengthen benefit sharing mechanisms, particularly, in respect of
forest areas under community ownership or control so as to make REDD+ successful.
References
1. NAPCC (2008). National Action Plan on Climate Change, Government of India, PM's
Council on Climate Change.
2. CBD (2010). Forest Biodiversity - Earth's living treasure, secretary of the convention on
Biological diversity.
3. Planning Commission (2010). Report of the Task Force – to cook into problems of hill
states and hill areas and to suggest ways to ensure that these states and areas do not suffer in
any way because of their peculiarities.
4. R a n j i t h G o p a l a K r i s h a n a n , M a t h a n g i Ja y a r a m a n , G ov o m d a s a m y B a l a a n d
N.HRavindranath. Climate change and Indian forests in current science, vol 101, no. 3
august 2011 pp 348-55.
5. Ravindranath N.H., Srivastava N., Murthy Indu K., Malaviya S., Munsi M. and Sharma N.
(2012). Deforestation and forest degradation in India – Implications for REDD+ in current
science Vol 102, No. 8, April 2012, PP 1-9.
6. IPCC (2000). Land use and Land use change and forestry, A special Report of the IPCC by
Watson RT et al, Cambridge University Press, UK.
7. SFR (2011). State of Forest Report, 2011, by Forest Survey of India Dehradun Ministry of
Environment and Forest, Government of India
8. Bahuguna V.K and Bist N.S.(2013). Valuation of ecosystem goods and services from forests
in India, Indian forester, 139(1): 1-13,2013
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Fountain in the Central Courtyard,
REGULATION OF WATER POLLUTION

– LIMITATIONS AND REMEDIES
By R C Trivedi
Expert Member
rctrivedi1@gmail.com
Abstract
The Water Act, 1974 was passed for the maintenance and restoration of the
wholesomeness in the national aquatic resources. Under the provision of the Act pollution
control boards at central and state levels were formed to implement various provisions of the Act.
There are number of supportive and allied regulations available for the protection and
conservation of the water quality in the country, which are mentioned in the paper briefly. Apart
from the above extensive regulatory machinery, the government has also taken several other
measures to protect the water resources from degradation. The most important one are National
River Action Plan, incentives for control of pollution to industries, establishment of common
effluent treatment plants for small scale industries. In spite of all these efforts, the water quality
continues to degrade. The main causes for such degradation are summarized. There is large
number of legal, administrative and technical lacunae in the provisions of Water Act. Some
remedial measures are suggested to overcome such limitations.
1. Introduction
Water pollution in India is regulated under the provision of Water (Prevention and
Control of Pollution) Act, 1974. The Act provide for a permit system or "Consent" procedure to
prevent and control water pollution. The Act generally prohibits disposal of polluting matter in
streams, wells and sewers or on land in excess of the standards established by the state boards.
A person must obtain consent from the concerned state pollution control board (SPCB)
in case of states or pollution control committee (PCC) in case of union territory, created under
the provision of the Act, before establishing any industry operation or process, any treatment and
disposal system or any extension or addition to such a system which might result in the discharge
of sewage or trade effluent into a stream well or sewer or onto land. The state board may
condition its consent by orders that specify the location, construction and use of the outlet as
well as the nature and composition of new discharges.
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The Act empowers a state board, upon thirty day notice to a polluter, to execute any
work required under consent order which has not been executed. The board may recover the
expenses for such work from the polluter. The Act gives the state boards the power of entry and
inspection to carry out their functions. Moreover, a SPCB/PCC may take certain emergency
measures if it determines that an accident or other unforeseen event has polluted a stream or well.
These measures include removing the pollutants, mitigating the damage and assuming orders to
the polluter prohibiting effluent discharges.
Under the provisions of the Water Act, there is no difference between industrial and
domestic pollution. However, because the responsibility of sewage treatment lies with concerned
urban local bodies (ULBs), which are providing highly subsidized services to the society and most
of the time they do not have adequate resources to carry out this responsibility of sewage
collection and treatment. Thus, the sewerage services are lagging behind all over the country.
This is the biggest cause of pollution in India. Though, the Water Act does not discriminate
between pollution from industrial and domestic sources, domestic pollution is not regulated in
the same manner because the responsible agency is a public body providing a highly subsidized
service to society. In order to help the ULBs the Government of India launched the Ganga
Action Plan and subsequently National River Action Plan and established several sewage
treatment plants (STPs). However, today their operation and maintenance is in a dismal
condition.
2. Other legislation
There are several other pieces of legislation that impact on the control of water pollution.
A more complete list may be found in Table 2.1.
Table 1.1 List of Relevant Laws
Name of Law Main Objectives

Constitutional Provisions on Statutory powers conferred on states to make law on water
Water Pollution
National Water Policy 1987 To develop a data bank, estimation the available water, prioritizing
and 2002 its use, developing groundwater rules, encouraging the participation
of stakeholders in water management, monitoring water quality,
conservation
State Water Policies (Some of To develop information system, water a llocation for different uses,
the states adopted) groundwater development, regulation and conservation.
The water (Prevention & Legislative framework for prevention and control of water pollution
Control of Pollution) Act, 1974
The water (Prevention & To charge cess on water consumption for polluting activities to
Control of Pollution) Cess Act, strengthen the pollution control boards by providing financial
1977, as Amended in 1993 and support for equipment and technical personnel and to promote
2003 water conservation by recycling
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The Environment (Protection) Legislation framework for empowering Central Government with
Act, 1986 regulation for safeguard and protection of environment which
include water, air and land and interrelationship which exist among
water, air, lan d, human beings, other creatures, plants, micro
organisms and property.
The Environment (Protection) Setting up Emission Standards, Prohibition of Industrial Location,
Amendment Rules, 1987 Submission of Environmental Statement, Conducting
Environmental Impact Assessment, Notification on Coastal Zone
Regulation
Central Ground Water To regulate and control abstraction, development and management
Authority of groundwater resources
Water Quality Assessment To implement uniform protocol for water quality monitoring, to
Authority take measures for pollution control, to promote reuse of wastewater
and rainwater harvesting, impose restriction on water abstraction and
effluent discharges
The Public Liability Insurance To provide for public liability - insurance for the purpose of
Act, 1991 providing immediate relief to the persons affected by accident
occurring while handling any hazardous substance
Hazardous waste (Management Legislative framework for laws enactment related to storage transport,
and Handling) Rules, 1989 handling and disposal of hazardous wastes
Manufacture, Storage and Rules for manufacture, storage and import of hazardous chemical
import of Hazardous Chemical
Rules, 1989
Municipal Solid waste Rules for Municipal Solid waste Management at urban cities
(Management and Handling)
Rules, 1999
The National Environment To provide for strict liability for damages arising out of any accident
Tribunal Act, 1995 occurring while handling any hazardous substance and for the
establishment of a National Environment Tribunal for effective and
expeditious disposal of related cases.
73rd and 74th Constitutional Obliging state governments to constitute Urban
Amendments - Role of Local
Local Bodies (ULBs) and transfer responsibility for water supply and
Self Government
sanitation services to them
Inter State Water Disputes Act To resolve disputes among riparian states on water sharing
1956.
River Boards Act 1956 To develop, and regulate interstate rivers
Irrigation Acts of UP, Haryana, Mandatory to seek the approval of a specified authority for obtaining
HP, MP, Rajasthan, a right to draw water
Water Supply and Drainage Creation of specific authority to plan, undertake and approve
Board Acts of projects for the supply of water to
specific notified areas
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The Indian Easement Act Landowners have the right to ground water underlying their land as
(1882) an easement inseparably connected to land
Model Ground Water Bills of Creation of a ground water authority for giving clearances for the
1970 and 1992, and State installation of water extraction structures
Ground Water (Regu lation
and Control Of Development
and Management) Acts
Municipalities Act, District Complete authority and jurisdiction over all urban
Municipalities Act or the Nagar
amenities, including water supply and sanitation with municipality
Palika Act
Delhi Water And Wastewater A Bill to provide for constitution of a Regulatory Commission for
Reforms Bill, 2003 the water and wastewater sector to reorganize and rationalize water
and wastewater management.
The Delhi Jal Board Act, 1998 To constitute board for management of water supply and sewage
disposal in Delhi
Town Planning Act /Urban To establish development and planning authorities, having powers
Development authorities Act over any development activity in the area under their jurisdiction
In a nutshell, all the current laws deal with diverse water services and have created
multiple bodies and jurisdictions. State government have jurisdiction over various aspects of
Water development such as ownership; planning and implementation of irrigation projects, water
works schemes, supply of water, contracting, levy and recovery of taxes, fees and levies etc.
However, existing laws in most States do not specify what this responsibility entails for water
resources systems, not do they envisage any clear role for water management and governance in a
holistic way. Regulation refers to “controlling human or societal behavior by rules or regulations
or alternatively a rule or order issued by an executive authority or regulatory agency of a
government and having the force of law”. Regulation covers all activities of private or public
behavior that may be detrimental to societal or governmental interest but its scope varies across
countries. The overall analysis of increasing demand and supply gap indicate that following
major key issues needs to be addressed: 1) Conflict resolution among riparian states, 2)
centralization tendency in water law and policy by the state government, 3) absence of legal
integration of states, 4) lack of user participation policy, and 5) water entitlement and abstraction
rules.
3. WATER POLLUTION CONTROL
Under the provision of Water Act, every polluting industry or municipality has to obtain
consent from the concerned SPCB/PCC. Establishment of treatment plant for the effluents
generated from the industrial activities is one of the several conditions prescribed in the consent
order. The concerned SPCBs/PCCs regularly monitor the industrial effluent treatment plants,
depending on the availability of resources. The frequency of visit depends on size of the industry,
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magnitude of pollution, resources available, social and political importance of the problem. Apart
from regular scheduled monitoring CPCB also carry out vigilance monitoring for which it has
constituted surveillance squads. A 15-point programme, for priority action, was formulated by
the Ministry of Environment and Forests (MoEF). Seventeen categories of industries were
identified by CPCB as highly polluting and covered under Central Action Plan. The programme
is rigorously followed up by the Central Pollution Control Board. The status of these industries is
continuously obtained from the SPCBs, collected, compiled and reported regularly to Ministry
of Environment & Forests. Similarly industries discharging directly into rivers and lakes were
identified and are rigorously monitored for compliance. CPCB regularly issues directions to the
concerned SPCBs/PCCs under Section 18 of Water Act in case of defaulting industries found in
their respective states. CPCB also issues directions to take immediate measures or close down the
defaulting industries based on the grave situation arise in any part of the country followed by
vigilance monitoring carried out by it. EIA is most powerful tool to regulate industrial pollution.
Any industry before establishment has to obtain environment clearance, which has very
elaborative assessment and requirement for environment protection including water conservation
and pollution control. To strengthen the pollution control boards by providing money for
equipment and technical personnel and to promote water conservation by recycling, Parliament
adopted the Water Cess (prevention and control of Pollution) Act, 1977. The Act empowers the
Central Government to impose a cess on water consumed by industries listed in schedule I of the
Act. Specified industries and local authorities are subject to the cess if they use water for purposes
listed in schedule II of the Act. The rates are revised several times. The latest revision was passed
by the Parliament in 2003.
Apart from command and control approach, CPCB also adopted several other
approaches including Corporate Responsibility on Environment Protection (CREP), wherein a
time targeted action plan was formulated for each of the 17 categories of industries in
collaboration and mutually agreement with respective industrial association and being
implemented. The industries have to give bank guarantee to ensure their compliance with time
target. In case they are not able to comply, the bank guarantee would be forfeited. Similarly, there
are many economic incentives and voluntary commitments from the industries to comply.
Environmental Audit is another effective tool to prevent pollution and conserve resources.
4. POLLUTION CONTROL IN SMALL-SCALE INDUSTRIES
Though small-scale industry as a unit might not be a significant polluter, a cluster of
these industries may severely pollute the environment. There are certain industrial estates which
are critically polluting the environment. Since many small-scale industries do not have sufficient
resources, space or skilled manpower to treat their wastewater, the Government of India initiated
a scheme of common effluent treatment plants (CETPs). These CETPs are partially funded by
the Government of India and State Governments and partially by the industries themselves. The
effective functioning of these CETPs is always serious problem (CPCB 2005). Also there are a
large number of small scale industries located in residential areas, for which similar efforts is not
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feasible, and thus they continue to discharge their untreated wastewater into the sewage
transport system of the city.
5. ADEQUACY IN ENFORCEMENT
Although, the above enforcement framework for industrial pollution control could
brought a large change in the behavior of the industries and was successful in reducing industrial
pollution in the country in almost all the large and medium industries. However, in case of small
scale industries the enforcement is still weak due to various reasons. The most important one is
related to their locations, insufficient resources, skilled manpower and space. Moreover, nearly
80% of the water pollution is caused by discharge of untreated domestic wastewater, which is very
often from the Government supported PHEDs and ULBs due to lack of technical, managerial and
financial capacities leading to such unhealthy practices. Thus even if the all industrial effluents are
fully treated to the stipulated levels, the water quality objectives cannot be achieved without similar
efforts for domestic sewage.
6. POLLUTION OF GROUNDWATER
As per the Water Act, 1974, Section 24, discharge of polluted water is prohibited in
streams and wells, which means surface water and groundwater. However, due to lack of lined
transport system for majority of waste water, their accumulation in low-lying areas, their
discharge into the rivers, natural drainage system, often unlined, it is not possible to prohibit the
wastewater getting into groundwater.
7. ECOLOGY AND ENVIRONMENTAL FLOWS
The basic objective of Water Act, is to maintain and restore 'wholesomeness' of water
bodies by way of restoring their ecosystems to natural structures and functions. Initially it was
thought that the pollution of rivers was the main cause for disturbing the ecosystem and that
major pollution is coming from the urban centers located along the rivers. However, at a later
stage of implementation River Action Plans it was realized that sewage treatment alone might not
be sufficient to restore the river's ecological integrity because it was seriously affected by low-flow
or no-flow conditions prevailing over a considerable parts of the rivers in the country.
Many living creatures need perennial flow in the river because they complete their
lifecycle in more than a year. They also need a natural flow regime, which means floods and lean
flow conditions for different stages of their life cycle. Until this complexity is understood
properly, any change in flow regime will cause many vital living creatures to vanish and cause
serious ecological damage in the river, thus violating the principal objective of Water Act, 1974.
The flow is also needed to continuously transport the wastes and to maintain a
reasonable capacity in the rivers to assimilate the residual pollution that needs to be discharged
even after proper treatment. As no technology, which is presently economically viable in the
Indian context, can remove all pollution from wastewater, some residual pollution will be found
in the treated effluent, which needs to be assimilated by the river ecosystem. Due to heavy
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abstraction of surface and groundwater in the catchment area of the rivers, the rivers and their
many tributaries remain dry for a considerable period in a year. In order to maintain the
environmental flows in the rivers, it is important that water resources are first optimally utilized
with water conservation as the goal and then augmented in the entire basin in a very large way
duly ensuring that the water table never falls below the river bed in any reach of the rivers and
their tributaries. This needs a massive effort in groundwater recharge, revival of the village ponds,
watershed development, micro-catchment treatment, optimizing cropping patterns and irrigation
demands, water conservation integrated in urban planning, recycling of wastewater and overall
economy in water use. This would further need significant institutional strengthening to manage
and operate all water related activities with full cost recovery.
8. MAJOR CONSTRAINTS TO POLLUTION CONTROL
8.1 LEGAL AND ADMINISTRATIVE CONSTRAINTS
8.1.1 Water in the Constitution of India
The Constitution of India recognizes the essential tenet of equal access to water. Article
15(2) of the Constitution explicitly states that no citizen shall 'on grounds only of religion, race,
caste, sex, place of birth or any of them' be subject to any disability, liability, restriction or
condition with regard to 'the use of wells, tanks, bathing-ghats. Article 21 which speaks of the
right to life has been liberally interpreted by the Indian Supreme Court to include all facets of
life. The directive principles of state policy (DPSP) which the Constitution in Article 37 declares
to be non-justiciable, recognize the principle of equal access to the material resources of the
community. Article 39 (b) mandates that “the State shall, in particular, direct its policy towards
securing that the ownership and control of the material resources of the community are so distributed as
best to subserve the common good”. Article 51-A(g) casts a fundamental duty on every citizen of
India “to protect and improve the natural environment including forests, lakes, rivers, wild life and to
have compassion for living creatures”.
Legislative powers are distributed between the Parliament of India and the Legislative
Assemblies of the different States. Under Article 245 of the Constitution, Parliament makes laws
for the whole or any part of the country and a legislature of the State for the whole or any part of
the territory of the State. The topics of legislation on which the Parliament has exclusive powers
to make laws are set out in List I (Union List) of the Seventh Schedule and the topics over which
the State legislatures have exclusive powers are set out in List II (State List) of the Seventh
Schedule. List III is the 'concurrent List' enumerating the topics over which both the Parliament
and State legislatures can make laws. Entry 56 in the Union List pertains to “regulation and
development of inter-State rivers and river valleys to the extent to which such regulation and
development under the control of the Union is declared by Parliament by law to be expedient in the
public interest''. In the exercise of this power, the Parliament enacted the River Boards Act, 1956,
although this law has remained largely in operative. The aspect of resolving disputes between
States in relation to sharing of river waters finds a place in Article 262 of the Constitution which
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envisages the creation of an exclusive tribunal for the purpose. Accordingly, the Parliament has
enacted the Inter-State Water Disputes Act, 1956. The Parliament can, under Article 252, make
laws even on topics in respect of which it has no powers, provided the legislatures of two or more
States resolve that Parliament should make such laws. Thus, we have the Water (Prevention and
Control of Pollution) Act, 1974, which was a law on a topic relatable to Entries 6 and 17 of the
State List13. The justification for a central law to tackle the growing problem of pollution of
rivers and streams was traced to the inadequate and unsatisfactory nature of local laws. In the
context of water pollution, another significant central legislation is the Environment (Protection)
Act, 1986, under which several notifications issued by the Ministry of Environment and Forests
on various aspects of the subject.
8.1.2 Environment Impact Assessment (EIA)
Although EIA processes consider water as component of environment, the impact of a
proposed activity is evaluated only on quality. Whereas many developmental activities cause
serious impacts on quantity and ultimately on the quality of water, such as agriculture . This is
not evaluated in integrated and holistic manner, which results in a large number of
developmental activities e.g. agriculture, industries, housing complexes, etc., consuming large
quantities of ground and surface water causing their depletion in the area. There is a need for
evaluation of impact on quantity and quality in cumulative way of all the activities in an area and
its impact zone should be demarcated so that any new proposed developmental activity takes care
of already existing impacts.
8.1.3 Incomplete inventory of polluting activities
Preparing a comprehensive inventory of polluting activities is one of the most important
activities of pollution control boards for rational planning of pollution control strategy. It helps
in prioritization of pollution control efforts and evaluating outcome of the various measures
taken. In none of the SPCBs, is a complete inventory of all the polluting sources available.
Inventories are generally incomplete and not updated regularly.
8.1.4 Regulation of Sewage Pollution
The discharge of untreated sewage contribute highest amount (nearly 80%) of the
pollution of aquatic resources in the rivers, and sewage and trade effluent need to be regulated
equally under the provisions of Water Act, 1974. The SPCBs focus their attention and resources
towards industrial pollution control leading to non-achievement of the objectives of restoring
water quality in the water bodies.
8.1.5 Standards and Compliance
Complying with the Minimum National Standards (MINAS) fixed by the CPCB
requires that near-the-maximum effluent reduction technically achievable must be done. It has
been found that a significant proportion of small scale industries discharging trade effluents to
water stream do not have treatment plants especially those located in residential areas. It has also
116
been observed that a significant proportion of polluting units, which have some treatment
mechanism, do not comply with standards. The punitive action by SPCBs is more or less tied up
with litigation and considerable proportion of cases are pending for several years. The SPCBs are,
sometimes, not able to exercise the powers to force compliance by stopping electricity supply or
water because of interference by powerful pressure groups. Credible action requires formation of
sufficiently empowered legal bodies to decide these cases expeditiously.
8.1.6 Monitoring Water Pollution
Although water quality monitoring is essential for the SPCBs to judge their performance
and plan their activities in a rational manner, this activity gets least priority due to more emphasis
on industrial effluent monitoring. This affects the quality and quantity of monitoring work being
done by the SPCBs. Moreover, it is not possible to judge their performance as their focus is
industrial pollution control and industrial pollution is much smaller in quantity as compared
with domestic sewage, which is not being regulated.
8.1.7 Multiplicity of Organizations
There are a large number of organizations working on different aspects of water
resources. They have their own agendas and their own targets to be achieved. Little cooperation
exists between these agencies responsible for the use and management of water resources in
different sectors such as environment, public health and agriculture. The result is a planning
process which does not take into account the needs of these different interest groups and lacks
accountability on the part of any given agency. The major bottleneck in an effective policy
formulation and implementation is the current institutional set-up involving various government
agencies. Further, there is a separation of responsibilities on the basis of water quality and quantity. As
many as eighteen agencies are involved in water use and its management. Such a fragmentary
approach, both at the central and state levels, results in duplication and ambiguity of functions
and discourages unitary analysis of this scarce resource.
8.1.8 Organization of Water Utilities in India
The organizations of water utilities are facing serious problem of staff and fund scarcity.
This leads to poor operation and maintenance of the water supply and sewage management
systems. This leads water supply and sanitation sector in India to be heavily subsidized and
unstainable.
8.1.9 Organizational Structure of PCBs/PCC:
Many times the pollution control boards are headed by politicians or administrators.
This may cause problem in proper understanding the complicated issues related to pollution and
its impact on environment by the heads of the pollution control boards. Monitoring is an
expensive pursuit and must be staffed rationally to be economical and efficient. However, in all
the PCBs/PCC there is a severe shortage of staff, lack of technical persons and professionals.
There is a need for management of manpower and other resources.
117
8.1.10 Rapid Urbanization

India is urbanizing very fast resulting in steep increase in waste generation. Due to
inadequate resources, the waste collection and disposal facilities are grossly inadequate. The
limited efforts on establishment of sewage treatment plants could not cope with the fast growth
of sewage in the country. Discharge of untreated domestic wastewater is predominant source of
pollution of the rivers. Sewage is basically an urban problem and especially large urban centers
contribute much larger share. CPCB, carry out regular inventory of water supply, wastewater
generation, collection and disposal in Class-I cities and Class-II towns of the country. As per the
latest report (CPCB, 2009), the total sewage generation is 45,000 MLD against which the
sewage treatment capacity exists is only for 11700 MLD. The facilities created to treat wastewater
also do not function properly in most of the cases. Any effort on augmenting sewage treatment is
nullified by fast urban growth.
8.1.11 Lack of Public Participation
Inadequate policy and regulation, combined with a non-transparent and non-
participatory process, is at the root of many of the water management problems plaguing the
country. Until now, wastewater management projects have been the almost exclusive domain of
government agencies. Government led and funded wastewater management projects have seldom
involved the private and volunteer sectors to ensure that the needs of the public are met.
Furthermore, full funding of the projects has resulted in low cost recovery and an unrealistic
valuation of users' willingness to pay.
8.2 TECHNICAL CONSTRAINTS
8.2.1 Inadequate Volumes in Receiving Waters
Although the Minimal National Standards (MINAS) is mainly technology based some
consideration is given to the receiving water body based on the assumption that in the receiving
water body at least 10 times dilution is available to achieve the ambient water quality objective in
the immediate vicinity of the downstream. In the recent past due to over use of surface and
ground waters to fulfil the ever increasing demand of agriculture, industrial and domestic uses,
the water level in our aquatic resources is gradually decreasing. As a result, the assumption of 10
times dilution is no more valid in many parts of our country. This poses great difficulties to
achieve the ambient water quality objective (wholesomeness) even after implementing MINAS.
This is a challenge before the Pollution Control Boards and the polluters. Thus, it has become
necessary to achieve progressive reduction or elimination of effluent discharges. It implies
adoption of no waste or low waste technologies through new treatment methods which can fulfil
the above objective.
9. SOME REMEDIAL SUGGESTIONS
In order to restore the water quality and ecological integrity of the rivers in the country it
is important to address following issues in the policy:
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9.1 POLICY TO ADDRESS POLLUTION ABATEMENT

9.1.1 Sewage Collection and Treatment in all the Significantly Polluting Urban Centers
As per the latest estimate of CPCB about 38254 MLD of domestic sewage generated in
the country out of which only about 11787 MLD is getting some kind of treatment. The sewage
is bound to increase in view of fast urban growth. For creating sewage treatment capacity for the
entire sewage of the country a massive investment and a continuing commitment in future such
investments are needed. Providing such funding from exchequer's money is detrimental to the
national economy. Thus, it is important that the funding is raised from the beneficiaries
following the 'Polluters pay principle'.
9.1.2 Regulatory Measures for Sewage Pollution
• Sewage should be regulated in the same way that industrial effluents are regulated; i.e.,
through consent and compliance monitoring as per the Water Act, 1974.
• Respective ULBs should be made responsible for compliance, keeping in view the
attainment of wholesome ness in the river water
• The “Polluter Pays” principle needs to be imposed for recovering the full cost of
pollution control from the beneficiaries.
• ULBs should have effective management and monitoring system to ensure proper
functioning of STPs and for monitoring discharges into water bodies.
9.1.3 Techno-economic aspects
• Effective technologies need to be selected
• Since 1991, large-scale changes have been initiated in India's economy with the
liberalization and privatisation in almost every aspect of the economy which has also
been subject to pressures of globalisation. It is suggested to pilot a few privatised waste
management services with appropriate tools of process monitoring to further refine and
develop an effective PPP model.
• Effective management system needs to be established to monitor and manage the
treatment plants. Presently the ULBs have implicit roles of a provider, manager and
regulator. This should be changed and the regulation function should be given to
independent bodies similar to those in the power and telecom sectors.
9.1.4 INDUSTRIAL POLLUTION CONTROL
The framework for regulating industrial pollution is sound and only small adjustments
need be made to address shortcomings. The capacity for monitoring by CPCB and
SPCBs is severely constrained by resources – most particularly with regard to manpower.
119
9.1.5 Additional Regulatory Measures

• Strengthening the monitoring of compliance by SPCBs and vigilance monitoring by
CPCB/MoEF, by increasing the numbers of qualified and trained personnel to the level
necessary to deal with the task at hand. This makes it necessary to empower these
agencies acquire the financial resources to ensure long term sustainability.
• Regulation of transport and storage of effluents within or outside premises under the
Water Act by imposing a consent condition and effective monitoring, including on-line
monitoring at strategic locations.
• Strict regulation of groundwater pollution under the Water Act. This needs to be
adequately regulated. This will also require repealing of the Indian Easement Act.
• Corporate Responsibility for Environmental Protection (CREP) programme needs to be
further strengthened.
• All the Small Scale Industries in residential areas need to be shifted to identified
industrial areas and mandated to ensure effluent treatment by either individual or
common effluent treatment plants – for which these industries must pay. This plant
should be regulated under Water Act.
• Incentives should be given to new residential developments having their own recycling
and reuse systems and their own fully functional sewage treatment systems.
9.1.6 WASTEWATER AS A RESOURCE
If there is no dilution available in a receiving water body, it is important that no
wastewater is discharged into it even after treatment. The effort should be to use all the
wastewater after proper treatment. There are many cases where the sewage or industrial
wastewater is treated and used for various inferior uses. Many companies are coming in this
business. Focus should be to promote such business. This will benefit the water quality in many
ways:
• reduce pollution
• save water
• save nutrients
• reduce over-exploitation of water resources
9.2 SUGGESTED POLICY MEASURES
9.2.1 Addressing the problem of Water Scarcity
If water is available in abundance and at an absurdly low cost, there is usually a tendency
to use it carelessly. Along with the measures towards pollution abatement it is imperative to
further intensify our efforts for conservation of water to prevent ground water depletion. The
consumer has little incentive to conserve water, as water tariffs are very low. In addition to
appropriate pricing of water to reduce water demand in the household sector, there is also a need
120
to develop and implement such cost-effective water appliances as low-flow cisterns and faucets
and formulate citizen forum groups to encourage and raise awareness of water conservation.
There is a need to develop new surface irrigation sources and take measures for rainwater
harvesting and preventing water run-off. This requires change in regulations, public campaigns,
revival of traditional practices of rainwater harvesting and water conservation in every use. The
primary treatment of the sullage from kitchens and bathing activities at RWA level and
recirculating it for flushing the toilets and gardening should be encouraged. Incentives should be
given to development of cost effective technologies foras much of recycling and reuse at local
level as possible.
9.2.2 Regulation of groundwater abstraction
A proper legal framework for regulating withdrawals of groundwater is not in place.
Though efforts have been made to check the overexploitation of groundwater through licensing,
credit or electricity restrictions, these restrictions are directed only at the creation of wells. The
licenses do not even monitor or regulate the quantum of water extracted. Comprehensive new
legislation to govern the groundwater abstraction is an imperative. Some of the measures are
discussed in the next section.
9.2.3 Water Conservation at User Level
Water conservation has to be actively promoted through new policies and regulations.
Some of the practices that could be encouraged are:
1) Conservation in Domestic Use:
• Regulation by metering and pricing for cost recovery
• Technical improvements such as reduction in distribution losses, promotion of
reuse, recycling of wastewater (grey water) for flushing, car washing, plant
watering etc.
2) Conservation in Industrial Use
• Regulation by metering and pricing,
• Technical improvements such as promotion of reuse, recycling of wastewater
after treatment in processes, gardening, cooling, and for flushing toilets etc
3) Conservation in Irrigation
• Regulation by volumetric (based on per unit area irrigated) pricing.
• Reduction of crop water demands by promoting IWMI's method for irrigating
rice and drip irrigation for water intensive crops like sugarcane.\
• Technical improvements such as improved irrigation practices (sprinklers etc),
reduction in distribution losses etc
• Regulatory measures like imposition of heavy excise duty and taxes for use of
pumps beyond one Horse Power for irrigation and domestic purpose. This will
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also help to replenish the ground water table.

4) Water Resources Management at Panchayat Raj Institutions Level (Hiware Bazar Model)
• Effective structures for rainwater harvesting
• Proper accounting of water on annual basis (water budget of a village)
• Annual Water allocation for different uses and users
• Effective Monitoring of Compliance
• Awareness on water conservation
9.3 SUGGESTED REFORMS FOR DRINKING WATER SUPPLY SECTOR
• Transformation of the water sector into a commercially viable operation
• Independent regulator to free the sector from political intervention
• Increasing tariffs to recover full operation and maintenance cost
• Full cost recovery for financial sustainability
• Elimination of subsidies
• Cutting supplies on non-payment (or progressive penalties for non-payment or
delayed payment)
• Retrenchment of inappropriate staff and reduction of unnecessary expenses.
• Privatization and Public-Private Partnerships (PPPs) where appropriate
• Allocation of water to highest value use through market mechanism while
ensuring the minimum needs of the poor through cross-subsidization.
9.4 SUGGESTED POLICY FOR INDUSTRIAL WATER USE
• All water abstractions (surface and groundwater) need to be properly metered
and appropriately priced to recover full O&M and capital costs.
• Provision for incentive for water conservation (cess rebate, award schemes),
especially reducing water consumption per unit production, by reducing
wastage, reuse of wastewater, recycling of water.
• Compulsory rainwater harvesting in all industrial units and commercial
complexes.
• Every industry should harvest rainwater and store it for its uses or recharge
ground water to the extent groundwater is abstracted by it. This should be made
mandatory by law.
• Awareness campaigns among the workers for water conservation in industry and
at household level.
9.5 SUGGESTED POLICY FOR ENVIRONMENTAL FLOWS IN RIVERS
A minimum quality, quantity and distribution of water are required to maintain the
components, functions and processes of aquatic ecosystems thriving in the river. Due to heavy
abstraction of surface and groundwater in the catchment area of the rivers, the rivers and their
many tributaries remain dry for considerable period in a year. This has resulted in heavy losses of
biological resources. In order to maintain the environmental flows in the river, it is important
122
that water resources are optimally managed and augmented to the extent necessary in the entire
river basins, including groundwater recharging, village ponds, water conservation, recycling of
wastewater and economy in water use.
References
1. Planning Commission, Govt of India (2000) Evaluation Study on the Functioning of
St a t e Po l l u t i o n C o n t r o l B o a rd s , 2 0 0 0 , P E O St u d y No. 1 8 0
http://planningcommission.nic.in/reports/peoreport/cmpdmpeo/volume1/180.pdf
2. Policy Statement for Abatement of Pollution, 1992; Ministry of Environment and
Forests, Government of India.
3. The Environment Protection Rules, 1986; Notification No. S. O. 844 (E) 19th
November, 1986. Gazette (Extraordinary) of India, Part II Sec. 3(i).
4. Hazardous Waste (Management and Handling) Rules, 1989; Notification No.S.O. 594
(E), July 28,1989; Gazette (Extraordinary) of India, Part II, Sec. 3(ii).
5. Manufacture, Storage and Import of Hazardous Chemical Rules,1989.
6. Rules for the Manufacture, Use, Import, Export and Storage of Hazardous
Microorganisms/ Genetically Engineered organisms or cells. Notification No. GSR
1037(E) December 5,1989; Gazette of India, Extraordinary Part II Sec. 3(ii).
7. The Water (Prevention and Control of Pollution) Act, 1974; No. 6 of 1974 Gazette
(Extraordinary) of India.
8. The Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003 No. 19
of 2003, [17/3/2003] - Gazette (Extraordinary) of India, Part II, Sec. 3(ii).
9. The Water (Prevention and Control of Pollution) Act, 1974, amended 1988 No.6 of
1974, [23/3/1974] – Gazette (Extraordinary) of India, Part II, Sec. 3(ii).
10. The Environment (Protection) Act, 1986; Gazette (Extraordinary) of India, Part II Sec.1
29th May, 1986.
11. The Public Liability Insurance Act, 1991; No. 6 of 1991. Gazette (Extraordinary) of
India, Part II Sec. 1 ;23rd January, 1991.
12. The Hazardous Wastes (Management and Handling and Transboundary Movement)
Rules, 2009, Notification, S.O.1799(E), [21/07/2009]
13. The Municipal Solid Wastes (Management and Handling) Rules, 2000, S.O.908(E),
[25/9/2000]
14. Central Pollution Control Board, Govt of India (2006), Status of Sewage Treatment in
India Cotrol of Urban Pollution Series, CUPS/48/2005-06
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Judges Entry, National Green Tribunal
STRATEGIC ENVIRONMENTAL OPPORTUNITIES FOR

URBAN SUSTAINABILITY IN INDIA
Deep Narayan Pandey, PhD
Indian Forest Service
Member Secretary
Rajasthan State Pollution Control Board
Jaipur, Rajasthan, India
Abstract
Urbanization is a big challenge in India leading to large number of environmental problems. A
brief statistics on growth of number of cities and urban population has been presented with
future scenarios of urbanization. This results in drastic change in land-use pattern. The paper
highlights important environmental opportunities that urban system brings in including urban
green infrastructure, improved water sector, energy from municipal solid waste, improved and
green urban transportation, eco-friendly housing sector, environmental justice and recovery of
cost in all urban services e.g. water supply, wastewater collection, treatment and disposal, solid
waste collection treatment and disposal. The paper provides insight into the important
environmental challenges in Urban areas.
The context
The world's population on the eve of the emergence of agriculture is estimated to have
been around 6 million individuals as against almost 7 billion today, multiplying by 1200 in just
11,000 years [1]. It took all of history until 1960 for the world urban population to reach one
billion, but only 26 additional years to reach two billion [2]. By 2030, according to the
projections of the United Nations (UN) Population Division, each of the major regions of the
developing world will hold more urban than rural dwellers; by 2050 fully two-thirds of their
inhabitants are likely to live in urban areas [3]. In the year 2050, India will be the most populous
country, with a projected population of 1.69 billion, compared with China's 1.30 billion [4, 5].
Urbanization is both a challenge and opportunity today. Although cities are estimated to
occupy less than 0.5% of the Earth's total land area [6], satellite-based efforts at mapping global
urban area fail to agree on the size and pattern of urban land use, with estimates ranging from
0.24% to 2.74% (i.e., 0.3 to 3.5 million km2) of terrestrial land surface circa 2000 [6-8].
Interestingly, in the year 1800, there was only one city, Beijing, in the entire world that had more
127
than a million people; 326 such cities existed 200 years later. Today, there are 400 cities with
populations of over one million. Indeed, such rapid has been the pace of growth that in the year
1900 just 10% of the global population lived in urban areas, but now it exceeds 50% and is
expected to further rise to 67% in the next 50 years [9].
For centuries, cities were compact with high population densities, and the physical extent
of cities grew slowly [10]. This trend has been reversed over the last 3 decades. Urban areas
around the world are now expanding on average twice as fast than their populations [11, 12].
The model results for India show on average a 4.84% urban land expansion growth rate with
30% from population growth and about 23% from growth in GDP per capita for the period
1970 to 2000 [12]. If current trends continue globally, more than 5.87 million km2 of land have
a positive probability (>0%) of being converted to urban areas by 2030, and 20% of this (1.2
million km2) have high probabilities (>75%) of urban expansion [13]. Nearly half of the increase
in high-probability urban expansion globally is forecasted to occur in Asia, with China and India
absorbing 55% of the regional total [13].
The unprecedented urbanization has implication for ecological, economic and social
sustainability [14]. Addressing multiple risks due to climate change-temperature and
precipitation variability, drought, extreme rainfall, cyclone and storm surge, and associated
environmental health risk-is a serious challenge [15]. Without careful production of knowledge,
and large investments to link that knowledge to action, cities and industrial areas will be
overwhelmed with environmental challenges. Foremost among these challenges is maintaining
human well-being by provisioning for clean air, water and healthy living in industrial areas,
workplace and cities.
Drawing on my experiential knowledge as well as recent literature on urban systems [16-
21], here I argue that urbanization also provides opportunities for moving towards sustainable,
prosperous and resilient cities in India. I have been fortunate to visit some of the most notable
cities across five continents. Having lived the life of a practitioner, scientist, policy-maker and
regulator, within the Government and international institution over the last 30 years, I believe
that environmental opportunities must be availed to build a sustainable urban future for India.
Environmental opportunities in urban systems
First opportunity relates to urban green infrastructure. As we develop our cities in future,
the crucial green infrastructure such as lakes, ponds, and urban forests need to be developed and
maintained. These systems are necessary to provide ecosystem services such as purification of air
and water, pollution control, mitigation of floods and droughts, groundwater recharge,
moderation of temperature extremes, carbon sequestration, and resilience to climate change. For
example, there are multiple stressors degrading our urban lakes. These include disposal of raw
sewage and municipal wastewater, discharge of detergents, discharge of residual pesticides and
chemical fertilizers, sedimentation due to soil erosion in the catchment, and encroachment. We
urgently need a holistic restoration strategy for polluted water-bodies. Missing this opportunity
would mean urban decay, water-borne diseases, air pollution related diseases and ecological
collapse.
128
Second opportunity is presented in the water sector. Adequate quantities of water are
required for healthy living: for drinking, cooking and washing. Water is also a critical resource for
industries. Dams after dams have been built to supply water to cities. Yet, cities remain thirsty. In
addition, lack of proper sanitation and sewage treatment remains the biggest contributor of water
pollution. Local water-bodies and rivers are often used as a dumping ground for untreated water
from many urban areas. The time has come now that cities start producing their own water by
wastewater treatment, recycling and appropriate use. For example, treated wastewater from town
and cities can be reused to support industrial growth in water scarce region. We have a great
opportunity to starts recycling every drop of wastewater in our town and cities. Further, dredging
and sediment removal from traditional urban tanks and ponds can potentially be used for
greening in peri-urban areas. It will also create enhanced decentralized water storage capacity in
our traditional water harvesting ponds and lakesMissing this opportunity would mean severe
pollution-induced health challenges, urban abandonment, and climate change induced water-
conflicts, and economic collapse climate change.
Third opportunity is in conversion of municipal solid waste into useful products and
energy. In many cities the solid waste disposal is inefficient or non-existing. Thus, waste ends up
to the illegal dumps on streets, open spaces, ponds, lakes, drains and rivers. Managing municipal
solid waste and bio-medical waste is one of the biggest challenges in our cities. Uncontrolled
dumping of waste has created serious environmental and public health hazards. We need to
capture the opportunity to both minimize waste as well as conversion of waste to energy for
urban systems. Missing this opportunity would mean we are not only squandering the usable
resource, it would also result in serious health hazard and environmental collapse in urban
systems.
Fourth opportunity is to solve the challenge of urban mobility by introducing sustainable
and green transportation for goods and people. Explosive growth in the number of vehicles is a
big problem. Our cities are unable to cope with the chaotic contemporary traffic. Increasing air
pollution due to emission of pollutants is causing respiratory and other illnesses. Good quality
and affordable mass transportation system, road infrastructure, better fuel quality and traffic
planning would need to be strengthened by making large investments. Missing this opportunity
is likely to cripple the urban economy and our cities may lose the economic advantage of
productivity and efficiency.
Fifth opportunity is in the affordable housing sector. With increasing concentration and
growth of commercial activities and influx of population from rural areas, demand for affordable
housing delivery in cities is intense, resulting in the proliferation of slums. A related issue is of
energy efficiency in buildings which are highly energy intensive. They consume about 40% of the
world's primary energy supply globally. Thus, construction and management of buildings would
require to be made energy-efficient. Missing this opportunity would mean wasted hours due to
long-distance travel, stress-induced health problems, and economic loss.
Sixth opportunity is in ensuring speedy environmental justice. Access to environmental
justice is vital for a just and equitable urban and industrial society. In this context, the potential
129
of National Green Tribunal (NGT) combining environmental science and environmental law
must be fully utilized. India's food, water and energy security, industrial growth, and poverty-
alleviation plans may run into jeopardy if environmental regulators fail to ensure that
environmental regulations are not misused []. Rapid urbanization is also bringing numerous
environmental conflicts in India. The core opportunity before the NGT shall be in delivering
justice with a balance between environment and development [].
Finally, and most critical, is the recovery of full costs of, and reinvestment in, urban
services. In order to ensure the continuous functioning and sustainability of urban systems, we
need to recover the costs of services from residents, and the money so recovered be used for the
proper functioning and maintenance of these systems. The days of free living in urban systems
are over. We must pay for what we consume, be it water, space or civic amenities.Seizing these
seven strategic environmental opportunities in urban India is essential for our progress towards
long-term ecological, economic and social sustainability.
References
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Neolithic demographic transition. Science. 2011;333:560-1.
[2] Seto K, Parnell S, Elmqvist T. A global outlook on urbanization. In: Elmqvist T, Fragkias
M, Goodness J, Güneralp B, Marcotullio PJ, McDonald RI, et al., editors. Urbanization,
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satellite data. Environmental Research Letters. 2009;4:044003.
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[11] Angel S, Parent J, Civco DL, Blei A, Potere D. The dimensions of global urban
expansion: Estimates and projections for all countries, 2000-2050. Progress in Planning.
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Expansion. PLoS ONE. 2011;6:e23777.
[13] Seto KC, Güneralp B, Hutyra LR. Global forecasts of urban expansion to 2030 and
direct impacts on biodiversity and carbon pools. Proceedings of the National Academy of
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[14] Nandi S, Gamkhar S. Urban challenges in India: A review of recent policy measures.
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[15] Revi A. Climate change risk: An adaptation and mitigation agenda for Indian cities.
Environment and Urbanization. 2008;20:207-29.
[16] Singhal V, Pandey D, Pandey PD. Workplace Green Space for Health and Happiness:
Case of RSPCB, Jaipur, Rajasthan, India: Rajasthan State Pollution Control Board,
Jaipur; 2013.
[17] Pandey DN, Gopal B, Sharma KC. Evidence-Based Holistic Restoration of Lake
Anasagar, Ajmer, Rajasthan, India. A report prepared for the submission to the Hon'ble
High Court, Rajasthan in the matters of D.B. Civil Writ Petition No. 11153/2012,
RSPCB, Jaipur2013.
[18] Singh VS, Pandey DN. Sustainable Housing: Balancing Environment with Urban
Growth in India. RSPCB Occasional Paper No 6/2012. Jaipur, Rajasthan, India:
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[19] Singh VS, Pandey DN, Chaudhry P. Urban Forests and Open Green Spaces: Lessons for
Jaipur, Rajasthan, India. RSPCB Occasional Paper No 1/2010. Jaipur, Rajasthan, India:
Rajasthan State Pollution Control Board; 2010. p. pp. 23.
[20] Pandey DN. A bountiful harvest of rainwater. Science. 2001;293:1763.
[21] Pandey DN, Chaubey AC, Gupta AK, Vardhan H. Mine spoil restoration: a strategy
combining rainwater harvesting and adaptation to random recurrence of droughts in
Rajasthan. International Forestry Review. 2005;7:241-9.
[22] Pandit C. Environmental over enthusiasm. International Journal of Water Resources
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Central Courtyard, National Green Tribunal
GROUND WATER POLLUTION IN

INDIA AND REGULATORY FRAMEWORK
By Dr. A.B.Akolkar* R.M.Bhardwaj**
rmbhardwaj@gmail.com
Abstract
Groundwater is a major source of drinking and other beneficial uses all over the country.
In the recent past the ground water quality is gradually degraded due to geo-genic and manmade
sources of pollution. The most important one are related to over-abstraction of groundwater and
discharge of untreated or partially treated municipal waste water. The paper summarized the
statistics on waste water generation and its treatment in the country. It also briefly provided the
magnitude of industrial pollution, agricultural pollution and such other sources of pollution.
Legal and institutional provisions for control of pollution are briefly summarized in the paper
including Water Act, Environment Protection Act, Environmental Impact Assessment, special
drives for 17 categories of industries and pollution control in small scales industries.
1.0 Preamble
The quality of water and its distribution over different regions of the India is uneven and causes
problems of scarcity and suitability. It is therefore imperative that this scarce commodity be used
as rationally and efficiently as possible. With the rapid increase in population and the increasing
demands of irrigation, human and industrial consumption, the available water resources in many
parts of India are being depleted and water quality has deteriorated. There are variable numbers
of rainy days in India in various geographical regions of the country and are mainly restricted to
three months of monsoon. Remaining part of the year represent low water table due to over
abstraction in large number of aquifers in large urban agglomerations and industrial pockets.
2.0 Deterioration of Ground Water Quality
2.1 Geogenic Pollution
The geogenic sources of Arsenic and Fluoride concentration in excess of standard norms has been
observed in various regions of the country. The situation is of grave concern because the
inhabitants of the affected areas do not have access to any alternate source of drinking water.
135
2.2 Man-made Pollution

Ground water quality deterioration in urban areas in India is predominantly due to discharge of
untreated or partially treated domestic sewage, industrial effluents and haphazardly disposed
municipal and industrial solid waste.
2.2.1 Municipal Sources
Fast urbanization and increasing standards of living resulted in steep increase in generation of
sewage in India. Due to paucity of resources, the sewage is not properly collected, treated and
disposed in most of the urban centers of India. This is resulting in accumulation of wastes in the
urban areas, percolating into the ground and polluting the groundwater by Nitrates and
Pathogens. It is estimated that about 45,000 million litres of municipal wastewater is generated
every day based on the population figures of urban India which is about 360 million. The
treatment capacity exists only for about 11,553 million litres per day. The urban population may
exceed over 1 billion by the year 2050 and the resultant municipal wastewater generation will be
of the magnitude of over 100,000 million litres per day.
2.2.2 INDUSTRIAL WASTES
The industrial activities are growing rapidly. In India, over 5 million small-scale industries and
about 2000 industrial estates exist. Though small-scale industry as a unit may not be severely
polluting, but a cluster of these industries may severely pollute the environment. There are
certain industrial estates which are critically polluting the environment. A large number of
industries especially small-scale do not have proper collection, treatment and disposal
arrangement for the waste they generate. This is resulting in accumulation of solid and liquid
wastes in the industrial areas. During rainy season, disposed solid wastes leach out into ground
and pollute the groundwater. Agro based industries like Distilleries, Sugar mills and Paper mills
are major contributors of organic pollution, whereas the industries generating chemical pollution
such as high TDS bearing wastes (by pharmaceuticals, rayon plants, chemicals, caustic soda, soap
and detergents, smelters etc) and toxic wastes (by pesticides, smelter, inorganic chemicals, organic
chemicals, steel plants, pharmaceuticals and tanneries etc.). There are large numbers of small-
scale industries although boosting employment and economy, lack knowledge, resources, and
many times, will, do not have proper treatment for their effluents. Many of such industries are
even located in residential areas. Their solid wastes and sludge get scattered-around or dumped
in unlined pits and effluents flow to streams through storm-drains or stagnate in depressions to
percolate, leach or get washed-off during rainy season. Common effluent treatment plants are
established for many clusters of small scale industries. Some of the large and medium industries
also do not have proper disposal arrangements for their wastes and thus find its way into
watercourses.
2.3 Agricultural Pollution
To feed the growing population, efforts are being made to increase the agriculture production. In
order to achieve that, apart from other efforts, use of chemical fertilizers and pesticides has
136
increased steeply in the recent past. Residues of these chemicals percolate into the ground and
pollute it. Such residues are detected in groundwater samples in various regions of the country.
3.0 Legal and Institutional Provision
The government enacted the Water (Prevention and Control of Pollution) Act, 1974 with the
primary objective of prevention and control of water pollution and restoration of water quality.
The Central & State Pollution Control Boards are established for its implementation. The Water
Act empowers the pollution control boards to lay down and maintain water standards. The actual
provisions for enforcement such as penalties, imprisonment etc. are largely confined to source-
specific standards for individual polluters. The Environment Protection Act, 1986 is an umbrella
act providing for the protection and improvement of environment and for matters connected
therewith. It authorizes the central government to intervene. The nature of penalties allowed
under this act are similar to those authorized under the Water Act.
The Environment Protection Act, 1986 cover hazardous wastes and chemicals, hazardous micro-
organisms and transportation of toxic chemicals. Supported by recent legislative, administrative
and judicial initiatives, environmental regulations in India are becoming more comprehensive.
The licensing regime is supplemented by "citizen suits" provision and besides, a statutory "right
to information" now enables an aggrieved citizen to directly prosecute a polluter after examining
the government records and data. Rules have been notified for environmental auditing of all the
industries which may cause water pollution or generate solid or hazardous wastes. The Ministry
of Environment and Forests has adopted a "Pollution Abatement Policy" which includes
adoption of clean technology, conservation of resources, change of concentration-based standards
to mass-based standards, incentives for pollution control, public participation, environmental
auditing and Eco-mark on environment friendly products.
The simplest administrative approach to regulate industrial pollution is to promulgate
permissible limits for various pollution parameters on a general basis, make them binding on all
discharges and prosecute and punish any offenders. Control of pollution at sources is the
immediate short-term objective adopted by all the state pollution control boards. To control
pollution at source the industries must know the extent up to which their effluent or emission
must be treated/controlled so that they can discharge the treated effluent to receiving
environment without significant effect. The Central Pollution Control Board has evolved
industry specific Minimum National Standards (MINAS)
3.1 Environment Impact Assessment
The Government's policy to promote the environment while undertaking any developmental
activity has made it necessary to introduce the environmental aspects into planning and
development. Any new development project requires Ministry of Environment and Forest's
appraisal & clearance before it is approved by the Govt of India. Similarly, in case of any major
industrial project requiring licence from the Ministry of Industry, the Licensing Committee will
grant licence only after the Ministry of Environment and Forests has reviewed the project to
137
ensure that suitable provisions for protecting environment have been made. The basic objective
of Environmental Impact Assessment (EIA) is to identify, predict and evaluate the likely
economic, environmental and social impact of any developmental activities and to prepare an
action plan for remedy as a part of the overall Environmental Management Plan (EMP). The
Govt. of India has made environmental clearance mandatory for certain categories of industries
& projects under Environment (Protection) Act, 1986 through notification.
3.2 Special Drive for 17 categories of polluting industries
The Central Pollution Control Board selected 17 categories of major polluting industries for
priority action by State Boards to ensure compliance of standards in these industries.
Accordingly, most of the State Boards amended the consent order of all the industries in these
categories so that no defaulting unit shall have consent of the Board.
3.3 Pollution Control in Small-Scale Industries
Since small-scale industries are not having adequate resources, space or skilled manpower to treat
their wastewater, Govt of India initiated a scheme of common effluent treatment plants (CETPs).
These CETPs are partially funded by Govt. of India and State Govt. and partially by the
industries themselves.
3.4 Other Instruments for control of pollution are promoted
Charters on Corporate Responsibility on Environment Protection, Incentives for Control of
Pollution, Polluter pay principle, Augmenting Sewage Treatment Capacity under river
conservation plan, Use of alternative simpler technology, Reuse/recycling of treated domestic
sewage, Reuse/recycling of treated industrial waste and resource recovery, waste minimization and
clean technologies are other instruments as promotional schemes.
4.0 Conclusion
The over-exploitation of groundwater is widespread across the country and is growing. The
inappropriate land use practices, fast and deforestation prevalent in the country, limit the
groundwater recharge potential. With given situation, future water demands can be met in
absolute quantity & quality terms only through pragmatic planning that includes highest priority
to water conservation, recycling-reuse of municipal and industrial wastewater and increase
efficiently in various uses.
There is need for coordination and integration of the existing organizations involved in
groundwater protection by integration of monitoring programmes, dissemination of
information, sharing of data, use of remote sensing/geographic information system (GIS) for
planning and controlling potentially polluting industries, reformation of use of fertilizers and
pesticides to safeguard and protect zones for drinking water resources of villages, towns and
cities.
138
Judges Lounge, National Green Tribunal
ELECTRONIC WASTE - IN INDIAN PERSPECTIVE

Sheetal Sharma
Dy Registrar, National Green Tribunal, (PB)
New Delhi, India
sheetaldayal@gmail.com
Abstract
Steep increase in use of electronic goods undoubtedly brought lots of positive changes in
the society, but also brought severe environmental consequences. India is estimated to generate
about 4 lakh tonnes of e-waste annually and Maharashtra top the list. India is also one of the
largest importer of different kinds of wastes. The e-waste is being recycled in crude manner at
several places in four cities of the country i.e. Delhi, Mumbai, Bangalore and Hyderabad. The e-
waste contains large number of toxic and hazardous chemicals. In the existing recycling units,
due to lack of adequate protection and precautions, the poor laborers are exposed to such
harmful chemicals and may be affected. Thus, there is a need for stringent regulation of such
activities in the country.
Introduction
We live in an electronic age which is dynamic and has extraordinary impact on humans.
The unprecedented use of electronics undoubtedly expand our reach and connectivity but
bring with itself many challenges both having direct and indirect effect on environment and
living beings such as ever increasing problem of e-waste, radiation both thermal and non-
thermal, more demand for power, use of more plastic etc.
In the current scenario, it is evident that human health and environment would be
drastically endangered if comprehensive legislations and actions are not taken for efficient
management and disposal of e-waste. This article attempts to provide a brief insight into this
relatively new concept of e-waste, its generation in India and the environmental and health
concerns attached to it.
2. What is e-waste?
According to the Basel Convention, wastes are substances or objects, which are disposed
off or are intended to be disposed of, or are required to be disposed of by the provisions of
national laws(Text of the Basel Convention on the Control of Transboundary Movements of
143
Hazardous Wastes and Their Disposal, UNEP, Geneva, Switzerland, p.6).

E-Waste comprises range of electrical and electronic items such as refrigerators, washing
machines, computers and printers, televisions, mobile phones, i-pods, etc., many of which
contain toxic materials. E-waste or electronic waste, therefore, broadly describes loosely
discarded, surplus, obsolete, broken, electrical or electronic devices.The composition of e-waste is
diverse and falls under hazardous and non-hazardous categories . Broadly it consists of ferrous
and nonferrous metals, plastics, glass, printed circuit boards, concrete, ceramics, rubber and other
items.
3. E-waste generation in India
Globally the quantity of electrical and electronic waste generated each year, especially
computers and televisions is estimated at about 20-50 MT (million tonnes), which accounts for
1 2
5% of all municipal solid waste. ,
As far as India is concerned, according to the Comptroller and Auditor- General's (CAG)
report, over 7.2 MT of industrial hazardous waste, 4 lakh tonnes of electronic waste, 1.5 MT of
plastic waste, 1.7 MT of medical waste, 48 MT of municipal waste are generated in the country
annually.
Among the 10 largest e-waste generating States in India, Maharashtra ranks first followed
by Tamil Nadu, Andhra Pradesh, Uttar Pradesh, West Bengal, Delhi, Karnataka, Gujarat,
Madhya Pradesh and Punjab. Among the top ten cities generating e-waste, Mumbai ranks first
followed by Delhi, Bengaluru, Chennai, Kolkata, Ahmedabad, Hyderabad, Pune, Surat and
3
Nagpur.
The maximum e-waste in India is generated by governmTent and private industrial
sectors, that account for almost 70 percent of the total waste generation.The e-waste generated
by individual household is onlyabout 15 percent and the rest is generated by manufacturers.
An Indian market Research Bureau (IMRB) survey of 'E-waste generation at Source' in
2009 found that out of the total e-waste volume in India, televisions and desktops including
servers comprised 68 per cent and 27 per cent respectively and Imports and mobile phones
comprised of 2 per cent and 1 per cent respectively.
The Attero Recycling Plant in Roorkee wasstartedin January 2010 as a large-scale
organised e-waste recycling facility.Despite 23 units currently registered with the Government of
India, Ministry of Environment and Forests/ Central Pollution Control Board, as e-waste
recyclers/reprocessors, having environmentally sound management facilities, the entire recycling
process however still exists in the unorganised sectorThe improper and unscientific disposal of
1
UNEP Press Release, 'Basel Conference addresses Electronic Wastes Challenge',
2
November 2006 http://www.unep.org/
3
Sanjay Jog, 'Ten states contribute 70% of e-waste generated in India', The Financial Express, 13 March 2008.
144
hazardous material was evident in tragedy at Mayapuri in Delhiin which one person lost his life
and six persons were hospitalized. The Ministry of Environment and Forests (MoEF) has notified
the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 for
effective management of hazardous wastes, including e-waste in the country. But these rules do
not apply to the radioactive wastes such as Cobalt – 60 which are covered under the Atomic
Energy Act, 1962.4
3.1 E-waste generation in India through Import of hazardous e-waste in India
India is one of the largest waste importing countries in the world. Total amount of
imported waste exceeds 50 lakh tonnes annually, this included even the prohibited waste such as
clinical waste, incineration ash, municipal waste and e-waste which forms cheap raw material for
further production in our country
New draft rules on the import and the management of e-waste are currently being
considered. Till the rules are notified, the Hazardous Wastes (Management, Handling and Trans-
boundary Movement Rules, 2008 regulate the exportimport trade or trans-boundary movements
of hazardous wastes including e-waste. According to these Rules, import of hazardous wastes for
disposal is not permitted. However, import of waste is permitted only for reuse, recycling or
reprocessing. Monitoring of units recycling hazardous wastes is the responsibility of the State
Pollution Control Board or the Pollution Control Committee in a Union Territory. The Rules
also require all import consignments to be accompanied by a movement document and a test
report from an accredited laboratory or a pre-shipment inspection certificate from a recognized
agency.5,
The proposed e-waste rules, 2011 do not address the issue of import/export of e-waste.
The trans-boundary movement of hazardous waste including e-waste is regulated by the
Hazardous Waste Rules, 2008. Import of e-waste can be considered for actual users only with the
permission of Ministry of Environment and Forests and license from Directorate General of
Foreign Trade.6
3.2 Procedure of importing e-waste
The procedure followed for importing a consignment to India involves an importer, an
exporter, an agency registered and notified by the Directorate-General of Foreign Trade, a bank
and the customs department at the port.At First The importer requires a pre-inspection
4
Comments and Suggestions made by the Ministry of Environment and Forests, Government of India on the draft
backgrounder titled 'E-waste in India' prepared by the Research Unit of Rajya Sabha Secretariat. O.M. No. 23-4/2011-HSMD,
dated 19 April, 2011.
5
'Trade of Hazardous waste', Rajya Sabha Starred Question No. 119, dated 08.08.2010.
6
dated 19 April 2011.
145
certificate of the import material by a registered agency, which could be an Indian or a foreign
company. After the the certificate, a bill detailing the number of containers, excise duty
classification and product details is prepared and thereafter, the consignment is ready for being
shipped. When it reaches India, the customs officials at the port check the certificate, levy a
custom duty on the product as specified in the Central Excise Tariff Act and release the
consignment to the importer.
The e-waste trade is a thriving business in India with strategic port cities like Singapore
and Dubai serving as transit centres in the e-waste trade route. E-waste from Australia, North
America, South Korea and Japan is received in Singapore and dispatched again to the importing
Asian countries including India.7 Dubai also serves as a centre where scrap and wastes of all kinds
from U.S.A., Europe and the West Asian countries are collected and re-exported. India is a major
buyer from Dubai. The Dubai based exporters are well aware of the Indian domestic scrap
market. Thus in order to get business, the prices of any scrap are kept at par with the Indian
market price.
The transboundary movements of hazardous wastes, including e-waste are regulated
under the Hazardous Wastes Rules, 2008. Under these Rules, import of e-waste is permitted to
actual users in the country with permission of MoEF and licence issued by Directorate General
of Foreign Trade (DGFT) for recycling or reprocessing only. Import of e-waste by traders is not
permitted.8
4. Recycling of E-waste in India
The e-waste is largely re-cycled in Delhi,Mumbai,Hyderabad andBangaluru. These cities
are also amongst the top ten cities in India which generate e-waste. Their status as primary
centres of the e-waste recycling process - whether it concerns storage, dismantling, recycling,
refurbishing, and distribution-is a predictable fall-out of the electronic industrial growth and
mass development in these cities.
A report by the Toxics Link in 2004 found that 70 per cent of electronic waste collected
at recycling units in New Delhi was actually exported or dumped by the developed countries.
According to the last survey conducted in 2007 in Delhi, it was estimated that about 5,000
metric tonnes (MT) of hazardous waste and 12000 of e-waste was produced annually. Delhi is
the leading processing centrefor e-waste in the country. According to the study conducted by the
GTZ in 2007, there were about 25,000 workers refurbishing 10,000-20,000 tonnes of e-waste
annually. The work is carried out in small illegal units where neither regulations nor environment
or health safeguards are in place. Due to lack of any facility for proper storage and disposal of
7
'The great e-waste recycling circus', <http://www.grid.unep.ch/waste/download/ waste 3637.pdf>79.
8
dated 19 April, 2011.
146
such waste, the health and environmental consequences are inevitable. Delhi has the tag of a
wholesale scrap market where not only all kinds of waste are brought in but also stored and pre-
processed before being sent out to other parts of the country. The Government is in the process
of acquiring land in Kanjhawla for the purpose of treating and disposing waste but till such time,
waste would continue to be piled up at various places, posing a huge risk to environment and
those who come in contact with it.9
Once e-waste is imported, e-waste dealers in Delhi make bids on the sea-going containers
at the inland depot situated at Okhla. The material is taken out, sorted and distributed between
various recyclers according to the areas of specialization. Electronic waste in Delhi is mostly
processed in Shastri Nagar,Turkman Gate, Seelampur, Mauzpur and Mustafabad. Eastern parts of
Delhi like Mandwali are the epicentres of e-waste recycling. Mandawali is known for all its metal
work recovery while areas like Bawana and Narela are largecentres for all kinds of recycling and
preprocessing work. It is said that only dismantling is done in Delhi. But, as per the reports of
the Toxics Link, all the waste created from the pre-processing work gets dumped into the river or
dhalaos or drains, posing risks to health and environment. The Government's sealing drive and
crackdown by the Environment Department over the past few years resulted in major part of the
recycling work shifting out to the satellite towns like Muzzafarnagar, Saharanpur, Meerut, etc.
There are many factors that contribute to the thriving e-waste recycling business in Delhi
- its status as the capital and hence its connectivity to all parts of the country; the many satellite
towns around it where several hundreds of small units treat waste; and availability of cheap
migrant labour.10 The e-waste hub on the north-eastern fringe of Delhi, the Seelampur market is
also called the largest electronics dismantling market in the country, where over 50 per cent of
used computers end up for sale and recycling. Seelampur gets e-waste from across northern India
and even as far as Bengaluru. The job of the dismantlers involves getting computers, breaking
them into its basic parts and selling motherboards to traders in Moradabad.
Apart from e-waste imports and supply from the neighbouring regions, another source of
domestic supply of e-waste is the kabadiwalas(waste pickers) who buy scrapped electronics from
households. Auction News, a biweekly journal in Delhi also publishes advertisements on scrap
that offices or the Government departments want to auction. When recyclers gather in the offices
concerned, auctions are held. In some cases, scrap is sold by inviting tenders.Since waste
processing is illegal in Delhi, the Government does not have an exact estimate of how much
waste is processed in the city or how much is brought in for recycling.
9
NehaLalchandani, 'No facility in city to store, dump hazardous waste', The Times of India, 10 April, 2010.
10
NehaLalchandani, “A disaster waiting to happen in waste capital”, The Times of India, 22 April, 2010.
147
5. Effect of Hazardous E-waste on Health and Environmental

The waste from electronic products include toxic substances such as cadmium and lead
in the circuit boards; lead oxide and cadmium in monitor cathode ray tubes (CRTs); mercury in
switches and flat screen monitors; cadmium in computer batteries; polychlorinated biphenyls in
older capacitors and transformers; and brominated flame retardants on printed circuit boards,
plastic casings, cables and PVC cable insulation that emits /releases highly toxic dioxins and
furans when burned to copper from the wires. Many of these substances are toxic and
carcinogenic. The materials are complex and have been found to be difficult to recycle in an
environmentally sustainable manner even in developed countries.Listed in the table below are the
harmful elements in the compositions of electrical and electronic appliances that can be
hazardous to health and environment:11
Metal Danger
Lead A neurotoxin that affects the kidneys and the
reproductive system. High quantities can be fatal. It
affects mental development in children. Mechanical
breaking of CRTs (cathode ray tubes) and removing
solder from microchips release lead as powder and
fumes.
Plastics Found in circuit boards, cabinets and cables, they
contain carcinogens. BFRs or brominated flame
retardants give out carcinogenic brominated dioxins
and furans. Dioxins can harm reproductive and
immune systems. Burning PVC, a component of
plastics, also produces dioxins. BFR can leach into
landfills. Even the dust on computer cabinets
contains BFR.
Chromium Used to protect metal housings and plates in a
computer from corrosion. Inhaling hexavalent
chromium or chromium 6 can damage liver and
kidneys and cause bronchial maladies including
asthmatic bronchitis and lung cancer.
Mercury Affects the central nervous system, kidneys and
immune system. It impairs foetus growth and harms
infants through mother's milk. It is released while
breaking and burning of circuit boards and switches.
Mercury in water bodies can form methylated
11
'IT's underbelly', Down to Earth, vol.19, no.1, May 16-31,2010.
148
mercury through microbial activity. Methylated

mercury is toxic and can enter the human food
chain through aquatic.
Beryllium Found in switch boards and printed circuit boards.
It is carcinogenic and causes lung diseases.
Cadmium A carcinogen. Long-term exposure causes Itai-itai
disease, which causes severe pain in the joints and
spine. It affects the kidneys and softens bones.
Cadmium is released into the environment as
powder while crushing and milling of plastics, CRTs
and circuit boards. Cadmium may be released with
dust, entering surface water and groundwater.
Acid Sulphuric and hydrochloric acids are used to
separate metals from circuit boards. Fumes contain
chlorine and sulphur dioxide, which cause
respiratory problems. They are corrosive to the
eye and skin.
The electronic goods also contain the characteristics of toxic and chemical substances.
/quantities of toxic metals and chemicals like mercury, which is currently being phased out in the
developed countries. Mercury is also present in the mobile sets which arepoisonous in many
forms - inorganic, organic or elemental. Its organic compound methyl mercury has been
scientifically proved to be a neuro-toxicant that damages the brain. It is geno-toxic too as it passes
through the placental and the blood- brain barrier, putting the foetus at risk. Mercury is known
to cause severe and permanent damage to the central nervous system, lungs and kidneys. It can
trigger depression and suicidal tendencies and cause paralysis, Alzheimer's disease, speech and
vision impairment, allergies, hypospermia and impotence. Mercury bio-accumulates (builds up
in organisms) and biomagnifies (moves up the food chain). According to the United Nations
Environment Programme's (UNEP) Global Mercury Assessment Report, even minuscule
12
increases in methyl mercury exposures can affect the cardiovascular system.
E-waste typically contains complex combinations of materials and components down to
microscopic levels. The wastes are broken down in not just for recycling but for the recoverable
materials such as plastic, iron, aluminium, copper and gold. However, since e-waste also contains
significant concentration of substances that are hazardous to human health and the
environment,, Even a small amount of e-waste entering the residual waste will introduce
relatively high amount of heavy metals and halogenated substances. Such harmful substances
12
Asha Krishna kumar, 'Importingdanger', Frontline, Vol.20, Issue 25, 06–19 December, 2003.
149
leach into the surrounding soil, water and air during waste treatment or when they are dumped
in landfills or left to lie around near it. Sooner or later they would adversely affect human
health and ecology.
Unless suitable safety measures are taken, these toxic substances can critically affect the
health of employees and others who are in the vicinity – who manually sort and treat the waste –
by entering their body through respiratory tracts, through the skin, or through the mucous
membrane of the mouth and the digestive tract.
Therefore, the health impact of e-waste is evident. There is no doubt that it has been
linked to the growing incidence of several lethal or severely debilitating health conditions,
including cancer, neurological and respiratory disorders, and birth defects. This impact of e waste
is alarmingly high in developing countries like India where people engaged in recycling e-waste
are mostly in the unorganized sector,and are living in close proximity to dumps or landfills of
untreated e-waste and working without any protection or safeguards. Many workers engaged in
these recycling operations are the urban poor and unaware of the hazardous consequences
associated with them. For instance, such recycling activities lead to the deterioration of local
drinking water or ground water which can result in serious illnesses. It was found that a river
water sample from the Lianjiang river near a Chinese “recycling village” had lead
levels that were 2400 times higher than the World Health Organization Drinking Water
Guidelines thereby involving a serious health hazard.
Conclusions
The main cause of the fast increasing E-Waste is the sub-standard design and quality of
the electronic equipment.The electronic equipment are made-up of poor quality material, which
cannot be recycled. The design of the equipment further make the dismantling of such gadgets
very difficult. Thus as long as the electronic items contain toxic chemicals and are not designed
to be easily recycled, they would continue to pose threat to the environment and public health at
large.
India as a nation must also start enforcing legislation for transboundary movement of the
e-waste so that the e-waste import is strictly regulated.However considering the future scenario
where developing nations shall be producing more e-waste than the developed nations, it is
imperative that e-waste is managed with sustainable recycling technologies and with the help of
effective legislations.
The radiation leak incident in Mayapuri highlights the need to have a clear cut disaster
protocol and to implement effective regulation and monitoring mechanism to ensure that the
rules are adhered to.13 It also calls for the regulatory infrastructure to allow for the protection of
workers and community rights. There has to be sufficient rights for citizens to take legal recourse
for damages caused to their health, environment and property.
13
'New radioactive waste disposal rules issued', The Hindu, 04 May, 2010.
150
OnFebruary 2, 2000, the European Commission adopted the communication on the use
of the Precautionary Principle as a central tenet of its policy. This Principle would form part of a
structured approach to the analysis of risk as well as risk management. It is primarily aimed at
building a common understanding of how to assess, appraise, manage and communicate risks
which science is not yet able to evaluate fully and, at the same time, avoid unwarranted recourse
to the precautionary principle, as a disguised form of protectionism.14 Application of this
Principle would help prevent the use of some high risk products in electrical and electronic
equipment to some extent
14
Europa Press Release, 'Commission adopts Communication on Precautionary Principle', Brussels, 02 February, 2000.
<http://eropa.eu/rapid/press Releases>
151
Beautiful Ornation, National Green Tribunal
STUDY OF AMBIENT NOISE POLLUTION DURING DEEPAWALI

FESTIVAL AT DIFFERENT LOCATIONS IN INDIA
1 2 3
By P.Krishnamurthy , Gurnam Singh , S.K.Tyagi
scskt@cpcb.delhi.nic.in
Abstract
The present paper deals with monitoring of Noise Pollutions during Deepawali festival at
different locations in India viz. Delhi, Bangalore, Bhopal, Lucknow, Agra, Vadodara, Kolkata and
Shillong. During the study the noise levels were measured in public places from various sources,
inter-alia, construction activity, vehicles, facilities of transportation, trumpeting, fire crackers,
sound producing instruments, loud speakers/music systems, and other mechanical devices have
adverse effects on human health and the psychological well being of the people. But bursting of
crackers spoil our environment by causing noise, air pollution and also affect our health.
Crackers are a source of highly toxic chemical air pollutants. Additionally, air pollution and smog
is extremely common at night and on the morning after Deepavali, and may be harmful to
inhale. The objective of this paper is to emphasize the public health significance of the issue of
noise pollution. It was observed that the level of noise was found to be above the prescribed noise
standard level of Central Pollution Control Board (CPCB) Notification, 2000 at all the selected
locations.
1. Introduction:
Noise can be defined as the level of sound which exceeds the acceptable level and creates
annoyance. Frequent exposure to high level of noise causes severe stress on the auditory and
nervous system. Extended exposure to excessive sound has been proved physical and
psychological damage. The increasing number of vehicles, musical instruments, trumpeting, fire
crackers, loud speakers, and urbanization activities are the main source of noise pollution.
(Gangwar et, al.2006). Noise effects may include annoyance, deterioration of sleep quality and
stress-related ischemic heart disease (Morell et al, 1997). Generally high exposure to noise level
may cause feeling of annoyance and irritation, damage to auditory mechanisms, number of
health related effects like physiological disorders, psychological disorders, disturbance of daily
activities and performances, hypertensions and schematic heart diseases (Canter, 1996). The
most serious health hazards associated with high level of noise exposure is deafness which initially
causes temporary hearing problem or deafness while prolonged exposure to high noise level
155
causes permanent deafness hearing damage (Mahesh et al. 2001, Wazir Alam et al 2011). It
causes significant health effects, such as cardiovascular problems, increased levels of diabetes,
change in social behaviour and quality of life (WHO.1980, 2001). Nowadays, noise pollution is
considered as one of the main problems of urban communities which has many hazardous effects
on urban environment and may result in a great deal of costs on the society (Martin et al, 2006;
Chien and Shih, 2007) and traffic can be considered as the main source of noise pollution in
large cities. (Jamarah et al, 2006, Report and Opinion 2010, 2(7)). The problem caused by noise
pollution is more aggravated during celebration, festival or religious functions. Noise from fire
crackers is one of the most important environmental problems mainly during Deepawali festival.
The present study was performed to find out the impact of Deepawali noise level on attitudes of
exposed pollution.
Crackers hold a fascination for both young and old alike. Crackers of varied colors and sounds
fill the skies heralding India's favourite festival. But these crackers spoil our environment by
causing noise and air pollution and also affect our health. The smoke of fireworks consists
mainly of fine toxic dusts and chemicals that easily enter the lungs and represents a real danger
for those already sick as well as for the healthy.
Twenty four monitoring locations were selected to measure the noise levels at eight cities in India
during Deepawali 2013. The minimum noise level recorded at Vikash Khand, Gomti Nagar,
Lucknow and South Kolkata (P.G.Hospital), Kolkata were 66 dB and 67 dB while the maximum
level recorded at Nehru Nagar, Bhopal was 103 dB.
2. Study Area:
Ambient Noise Level at different locations like residential and commercial in India during
Normal and Deepawali Day in the year 2013.
3. Monitoring Design and Setup
The level of Noise Pollution is monitored at different locations viz. Delhi, Bangalore, Bhopal,
Lucknow, Agra, Vadodara, Kolkata and Shillong on the night of Deepawali during 18.00 hrs to
24.00 hrs. The noise levels were monitored with the help of sound meter. The standards of noise
level were compared with that of the standards prescribed in Environmental Protection Rules,
1986 and standards of CPCB.
3.1 Noise level measurements
Noise measurement was carried out by using a Type 1 integrating sound level meter with free-
field microphone which meets the Accuracy of noise measurement as per IEC 804 (BS 6698)
Grade I or ANSI Type I or equivalent IEC 61672-1(2002-05) Class-I to see the overall impact
of bursting of crackers on Environment.
Observations are as follows:
 The noise level is high during Deepawali day as compared to the normal day mainly due
156
to the bursting of crackers

 The ambient noise level at all the locations on Deepawali day, 2013 (November 3, 2013)
have increased as compared to normal day (October 29, 2013).
 The maximum Noise Level was found at Nehru Nagar, Bhopal [103 dB (A)] followed by
Upper Mawprem, Shillong [86 dB (A)] and Rajaji Nagar, Bangalore [85.2 dB (A)].
Table 1: Monitoring locations in Delhi
Average Noise Level in dB (A) Leq.

Name of Location/area
Normal Day (29.10.2013) Deepawali Day (03.11.2013)
Lajpat Nagar (R) 56 79

East Arjun Nagar (R) 59 72
MayurVihar Phase – II (R) 60 83
PitamPura (R) 61 73
Kamla Nagar (R) 63 81
Dilshad Garden (R) 59 80
Ansari Nagar) (R) 56 81
Connaught Place (C) 69 74
I.T.O (C) 67 69
Table 2: Monitoring locations in Bangalore

Average Noise level in dB (A) Leq.
Normal Day Deepawali Day
Rajaji Nagar (R) 67.9 85.2
Rajarajeshwari Nagar (R) 61.9 78.7
Nagarbhavi (R) 64.1 80.4
Table 3: Monitoring locations in Bhopal

Nehru Nagar Bhopal (R) 61 103
TT Nagar (R) 67 75
157
Table 4: Monitoring locations in Lucknow

Indira Nagar, Lucknow (R) 66 85
Vikas Khand, Gomti Nagar,
52 66
Lucknown (R)
Table 5: Monitoring location in Agra

Kamla Nagar, Agra (R) 63 80
Table 6: Monitoring locations in Vadodara

Fatehgunj (R) 73 76
M S University (R) 64 72
Harinagar (R) 67 78
Table 7: Monitoring locations in Kolkata

North Kolkata (Salt Lake) (R) 62 74
South Kolkata (P.G.Hospital) (R) 61 67
Table 8: Monitoring locations in Shillong

Fire Brigade (R) 50 72
Upper Mawprem (R) 53 86
Monitoring time: 1800 hours to 2400 hours
– Commercial
R – Residential, C
4. Ambient Air Quality Standards in respect of Noise

Most of the countries, keeping in view the alarming increase in environmental noise pollution, have
given the permissible noise standards. These are depending on the location and period of day.
158
Industrial areas obviously have somewhat higher acceptable sound levels than those prescribed for
residential areas. The night time standards are stringent than the day time standards.
4.1 Standards by Law in India
Noise has been recognized as ambient air pollutant. Standards in this regard are laid down under
Environment (Protection) Rules, 1986. The Central Pollution Control Board constituted a
Committee on Noise Pollution Control. The Committee recommended noise standards for ambient
air and for automobiles, domestic appliances and construction equipment, which were later notified
in Environment (Protection) Rules, 1986 as given below in Table 9.
Table 9: Noise Standards for Different Category of Area
Limits in dB(A) Leq *
Area Code Category of Area/Zone
Day Time Night Time
(A) Industrial area 75 70
(B) Commercial area 65 55
(C) Residential area 55 45
(D) Silence Zone 50 40
It was observed that at residential areas, the level of Noise Pollution during Deepawali is much higher
when compared with the standard limits due to bursting of crackers. The sound levels were recorded
at different locations in 08 cities which are shown in the table 1 to 8. Maximum sound level of 103
decibel was observed at Nehru Nagar, Bhopal while it was recorded as 83 and 81 at Mayur Vihar
Phase-II and Ansari Nagar in Delhi respectively. In general at all the locations the sound level is
observed to be much greater than the permissible limit throughout the night.
1. Conclusion
From the observations taken at the selected monitoring stations, it was found that the sound exceeds
permissible limit of 55 dB(A) for residential and 65 dB for commercial area. On the selected locations
for study, the maximum noise levels were ranging between 56 dB(A) to 103 dB(A) which was almost
1.5 to 2 times the permissible limits for residential area. This variation of sound from 56 dB(A) to
103 dB(A) may have moderate to very severe effects on human health such as, poor concentrations,
stress, cardiovascular illness and many more. It is very essential to control noise at source, along the
transmission path and at receivers end by using the remedial measures. The people staying in noisy
area especially above 70 dB should take precautionary measures in order to avoid noise induced
hearing loss.
2. Recommendations
 The manufacture, sale or use of fire-crackers generating noise level exceeding 125 dB(AI) or
145 dB(C)pk at 4 meters distance from the point of bursting should be prohibited.
 All concerned agencies like Electronic, print media, Central & State Governments, Central
& State Pollution Control Boards or Pollution Control Committees, Educational
institutions & NGOs should create awareness among students & public at large to avoid
bursting of fire-crackers to reduce air pollution & noise during festival of Deepawali.
159
 Designed places for burning of fire-crackers/fireworks may be identified by the local

authority, so that fire-crackers could be played at community level and not at individual
houses.
 Recognition of fire-crackers noise under criteria of cruelty to animals should be incorporated
under relevant acts and rules.
References:
1. K.K. Gangwar, B.D. Joshi and A. Swami: Noise pollution status at four selected intersections
in commercial areas of Bareilly Metropolitan city, U.P. Him. J. Env. & Zool., 2006, 20(1):
75- 77.
2. WHO, Environmental health criteria of noise. 12 World Health Organizations (1980).
3. Davinder Singh and Amandeep Kaur: Study of Traffic Noise Pollution at different location in
Jalandhar City, Punjab, India, International Journal of Environmental Sciences and Research
Vol. 2, No. 2, 2013, pp. 135-139.
4. T.Subramani, M.Kavitha and K.P.Sivaraj: Modeling Of Traffic Noise Pollution, (IJERA),
Vol. 2, Issue 3, May-Jun 2012, pp.3175-3182.
5. PH. Bhagwat and Pramod M. Meshram Study of Noise Pollution During Ganesh Utsav in
Yavatmal City, International Journal of Pharmaceutical and Chemical Sciences ISSN: 2277-
5005.
6. Anurag V. Tiwari, Prashant A. Kadu and Ashish R.Mishra: Study of Noise Pollution Due To
Railway and Vehicular Traffic at Level Crossing and Its Remedial Measures, (AJER) e-ISSN:
2320-0847 p-ISSN : 2320-0936 Volume-2, Issue-4, pp-16-19.
7. MARK A. BEE & ELI M. SWANSON: Auditory masking of anuran advertisement calls by
road traffic noise, Science direct, ANIMAL BEHAVIOUR, 2007, 74, 1765e1776.
8. Wazir Alam: GIS based Assessment of Noise Pollution in Guwahati City of Assam, India,
INTERNATIONAL JOURNAL OF ENVIRONMENTAL SCIENCES Volume 2, No 2,
2011.
9. cpcb.nic.in: THE NOISE POLLUTION (REGULATION AND CONTROL) RULES,
2000.
10. Dev Pramendra: Environmental Noise Pollution Monitoring and Impacts on Human Health
in Dehradun City, Uttarakhand, India, Civil and Environmental Research ISSN 2224-5790
(Print) ISSN 2225-0514 (Online), Vol 1, No.1, 2011.
160
LECTURE
BY
HON'BLE CHAIRPERSON
Guest Lecture by Hon’ble Mr. Justice Svvatanter Kumar
on
“Access to Environmental Justice in India

and Indian Constitution”
organized by
Centre for Environment and Climate Change,
Jindal Global Law School
at
Sonipat, Haryana
5th September, 2013
Hon’ble Mr. Michael D. Wilson, Judge, Oahu First Circuit Court of Hawaii, USA
Professor C. Raj Kumar, Vice Chancellor, OP Jindal Global Law University and Dean,
Jindal Global Law
Professor YSR Murthy, Registrar, Jindal Global Law
165
Dignitaries present on and off the dais, faculty members, students, ladies and gentlemen.
The welcome address has just been delivered. And I must accept the Welcome with all my
humility. I, however, would like to extend the same, and Would, especially, again like to welcome all
the professors present in the gathering on this teachers’ day. The value of education is much spoken
about. The value of legal education is much valued, but value of good teachers often goes unnoticed.
I would like to take this opportunity to thank you all, for not just imparting pearls of wisdom about
the profession and its ethics, but also for moulding the very clay of the future generation, one, as it
often has in the history of our country, that will sculpt the very structure of our nation. There is a
famous
Sanskrit sholka:
xq#czZãk xq#foZ".kqxqZ#nsZoks egsÜoj%A
xq#jso ija czã rLeS Jhxqjos ue%AA1AA
This translates into “The Guru is Brahma, the Guru is Vishnu, the Guru
Deva is Mahesvvara (Shiva), The Guru is Verily the Para-
Brahman (Supreme Brahman); Salutations to that Guru.”
It means that teacher is all encompassing, omnipotent and the guiding light. On that
note let us all pay our respects to our teachers. I thank you all for the work that you do and
deeply appreciate your efforts.
My dear students, to begin, I would like to inform you of something. Since the day you
all have entered the Law School, all of you have aspired of the day you will pass out, will shed the
burden of being a student and eventually become advocates and lawyers. Some would choose the
Corporate law field, some would choose litigation while others would prepare for judiciary. But,
let me assure you, eventually, after you all have achieved what you set out to achieve, you will
realise that to be a good lawyer, you have to be a good student of law, even once you have passed
out of college. So, no matter how hard you try, shedding the badge of a law student, will never be
possible. I, myself still am a student of law, after four decades of passing out of college. And it has
held me in good stead. Law is a dynamic field, progressing, transforming, and evolving with
time. And the best lawyers are ones who learn as dynamically. So I urge you all, never to shed the
student badge, in fact, hold that badge in great regard because one day, it will help you achieve
the pinnacle.
The Essence:
Now, before we go on to discuss our topic for today, ‘Access to Environmental Justice in
India and Indian Constitution’, let us ponder over the essence of this discussion:
“For men may come and men may go, but I go on forever”
said Alfred Lord Tennyson, the famous poet, who, in his poem: ‘The Brook’, very
eruditely conveyed how the river runs endlessly, irrespective of the mortality of beings around it.
166
In this poem, lay a hidden message, that nature is invincible, impenetrable, indestructible.
Two hundred years hence, we are gathered here, to have a discussion on the topic ‘Access
to Environmental Justice’. Nature, which was considered to be immortal two centuries ago, is
today on the verge of extinction. What transpired in between? There is no one answer to this
question and all gathered here would have a number of theories addressing this question. But one
thing remains, something happened that drives us to endeavour to protect the environment
today, and inclusively, enable the citizenry of our nation to be able to claim their fundamental
right to a healthy, clean and safe environment. And this, is the essence of this discussion.
In an ideal world, in a world that is healthy, whose inhabitants are in the pink of health,
in a world where flowers blossom and rivers run their course to meet the oceans, we would not
need environment justice or, consequently, access thereto. But our race, while treating life as a
trade-off between environment and development, somewhere along the line let go off the
environment. We cut trees, built dams, polluted the rivers that we drink from, the air that we
breathe. Somewhere along the line, we forgot what was so aptly described by the great American
revolutionist, Martin Luther King, that “For in the true nature of things, if we rightly consider, every
green tree is far more glorious than U' it were made of gold and silver.” Consequently, today we are
at the brink of ominous harm to our race. It is regretful that Environmental Justice and its access
thereto, has become the need of the hour. In India, the Constitution, under various articles
stresses upon the need for environment. The Supreme Court, besides exercising jurisdiction
under Article 32 in specific cases also entertains Public Interest Litigations where the issue relates
to larger Public Interest. More particularly in cases of environmental degradation, it further
expands the scope of its extra-ordinary jurisdiction. Similarly there are various legislations which
are dedicated to the various facets of Environmental Law.
The Constitutional Framework
The Constitutional provisions provide the bed-rock for the framing of environmental
legislations in the country. The Forty-Second Amendment to the Indian Constitution in 1976
introduced principles of environmental protection in an explicit manner into the Constitution
through Articles 48A and 5lA(g). One particularly relevant Fundamental Right provision is
Article 21. It provides that “no person shall be deprived of his life or personal liberty except
according to the procedure established by law.” “Life” in this article has been interpreted by the
courts to mean more than mere physical existence. It “includes right to live with human dignity
and all that goes along with it.” As the horizon of Article 21 ever widens, the Court has read into
it, inter alia, other otherwise unlegislated rights.
In today's emerging jurisprudence, environmental rights which encompass a group of
collective rights are described as third generation rights. It is significant to note that judicial
decisions have not only played the vanguard role in protecting the citizens’ right to a Wholesome
environment, but have also crystallized legal principles through activist interpretation, which
gradually took the form of a body of environmental law. Following a long course of active
167
interpretation of constitutional and legislative clauses by the judiciary and vigorous efforts of
some green citizens, the Indian environmental scenario has undergone a positive change. The
Indian environmental jurisprudence was in a deep slumber. But today, the environmental
consciousness imported by the courts, mingled with subsequent legislative efforts in the later
years, introduced the right to environment as a fundamental right.
Adjudication of Environmental Cases
The interpretation of the right to life (Article 2 l) took a major turn when in 1985 the
Supreme Court was faced with adjudging a conflict which set environmental protection issues
against industrialization in the Doon Valley easel In that case, which involved a large number of
lessees of limestone quarries, the Court ordered the closure of all but eight of the quarries2.
Taking a serious view of this environmental disturbance, the Court recognized that the right to
life includes the right to a wholesome environment. Thereafter, in 1987, the Supreme Court laid
down not only principles of strict liability in the matter of an injury caused by the use of
hazardous substances in M.C. Mehta v. Union of India (01eum Gas Leak case), but also for the
3
first time, mentioned setting up specialized environment courts . A Constitution Bench of the
Apex Court unanimously articulated a new standard for the hazardous substances industry’s,
absolute and non-delegable duty to the community- to ensure that no harm results to anyone on
account of hazardous or inherently dangerous nature of activity.
In 1998, the Ganga Pollution case addressed the issue of river pollution caused by
4
tanneries . The Court declared that the right to life referred to in Article 21 of the Constitution
included the right to free Water and unpolluted air. These stone crushers were operating without
requisite licenses and emitting hazardous dust around the clock. Passing strict restrictions, the
Court ruled that, the quality of environment cannot be permitted to be damaged by polluting
air, water and land to such an extent that it becomes a health hazard for the residents.
Again, in 1995, in one of its landmarks rulings, Indian Council for Enviro-Legal Action
v. Union of India, the Apex Court reiterated the idea of having independent specialized
environment courts5. The case involved serious damage to the environment by certain industries
producing toxic chemicals. The Court found that the water in Wells and streams had turned dark
and dirty, rendering it unfit for human consumption, or even for cattle and irrigation.
The foundation for applying the precautionary principle, the polluter pays principle and
1
Rural Litig. & Entitlement Kendra v. State of Uttar Pradesh, A.|.R. 1985 S.C. 652 (The Supreme Court has issued, among
others, several opinions and orders: A.I.R. 1985 S.C. 1259; 1985(2) S.C.A.L.E. 906; A.I.R. 1987 S.C. 359; A.|.R. 1987 SC
2426; A.|.R. 1988 S.C. 2187; J.T. 1988 (4) S.C. 710; J.T. 1990 (2) S.C. 391)
2
19s5(1) s.c.A.L.E. 408
3
M.C. Mehta v. Union of india, A.|.R. 1987 S.C. 965; A.|.R. 1987 S.C. 982; A.|.R. 1987 S.C. 1086 (three main orders in this
case)
4
M.C. Mehta v. Union of India, A.|.R. 1988 S.C. 1037 (Tanneries); A.|.R. 1987 S.C. 1115 (Municipalities)
5
Indian Council for Enviro-Legal Action v. Union of India, (1996) 3 S.C.C. 212; see also, Indian Council for Enviro-Legal
Action v. Union of India, A.|.R. 1996 S.C. 1446
168
the new burden of proof (Which shifted the burden to the person or body interfering with
ecology to prove no adverse impact) was laid down by the Supreme Court in 1996 in Vellore
Citizens’ Welfare Forum v. Union of India6.
The demand for specialized environmental courts from the judiciary reached a crescendo
with the 1998 decision of the Supreme Court in A.P. Pollution Control Board v. Prof. M.V.
Nayadu, Wherein the Supreme Court acknowledged that both it, as Well as the High Courts,
were experiencing considerable difficulty in adjudicating upon the correctness of technological
7
and scientific opinions . The Court, reiterating its suggestion in earlier cases, opined that ,of
paramount importance was the need to establish environmental courts, authorities and tribunals
for providing adequate judicial and scientific inputs rather than leaving such complicated
disputes to be decided by officers drawn from the executive.
The National Green Tribunal
**(Law Clerks and Researchers)
All the above developments and judicial activism finally culminated into a definite set of
laws and the judgments of the Apex Court enunciating the need for dedicated environment
courts transformed into a definite jurisprudential system called the National Green Tribunal
today. Now the National Green Tribunal, is a one of a kind adjudicatory- and justice delivery
system, judgments of which would soon start to be included in the course structures of the
students present here. Fortunately or unfortunately. And the professors present here, would have
to delve into a new set of judicial pronouncements to master the current sculpture of
environmental laws. Again, fortunately or unfortunately. But on a serious note, in the recent
past, the Tribunal has been faced with many a big issue in regard to environment.
You all have heard of global Warming, have heard of the recent sand mining debacle, the
potential disasters that can be caused by heavy industries, of the unfortunate natural calamity
that ensued in Uttarakhand recently, but my dear friends, this is just the tip of the ice berg. Every
day We are faced with disputes relating to rampant disregard to environment, issues that have
plagued our society for so long that they have become a part of it. Something as simple as
installing borevvells, has reduced the underground Water to such levels that Would, per se, put
the concept of sustainable development to shame. It might be pertinent to mention a couple of
pronouncements that might intrigue the audience present here. In a recent judgment of the
tribunal, in the Sterlite Industries matter, which some of you present here might have followed
in the dailies, We were called upon to adjudicate upon a question which in its essence presented
itself to be one of choosing one of the two: environment v. development. But the Tribunal, while
dealing with the three sides of the environmental laws triangle, the precautionary principle, the
polluter pays principle and sustainable development tried to strike a balance between
6
Vellore Citizens' Welfare Forum v. Union of India, A.|.R. 1996 S.C. 2715
7
Andhra Pradesh Pollution Control Bd. v. M.V. Nayudu (1999) 2 S.C.C. 718
169
development and environment. As to how it is never a trade-off between the two. Both are
equally important. In another judgment of DRG Grate Udhyog’s the Tribunal held a school to
be included in the concept of residential area so as to save the students studying there from the
harmful effects of Stone Crushers working in the vicinity. In this judgment the Tribunal extended
the concept of residential area to encompass not just places of permanent habitation but also
places which are visited regularly and pollution of which could cause harmful effects on the
health of the population there. The realm of ‘residential area’ was held to be judged on the
touchstone of ‘human activity’ and not perpetual habitation simplicitor. It is interesting to
mention, that similar to the provision in relation to the Supreme Court in the Constitution
(“substantial question relating to law”), the NGT has been vested with holistic jurisdiction in
relation to “substantial question relating to environment” and the analogy thus drawn widens the
scope of the NGT over all cases relating to any environmental harm or likely harm, subject to
just exceptions. The concept of ‘onus of proof ’ relatable to environmental damage is also an
intriguing concept as, depending on the applicability of the ‘precautionary principle’ the primary
onus of an applicant is discharged as soon as the matter is brought before the court. Unlike any
other law, Where, generally, the onus of proving a certain act is on the person who brings the case
before the court, in environmental laws, the onus usually shifts to the alleged contemnor to prove
that he has not done or proposes to do any act that will harm or is likely to harm the
environment.
**Access to environmental justice contemplated to address “any person aggrieved”:
• Personal Cause
• General Cause
• Public grievance - injury to environment
Another peculiar facet of the NGT Act and the environmental laws in general is the
concept of cause of action. When, in any other law, a liability is to be set upon someone, the
starting point of that procedure is supposed to be cause of action, or in other words, the bundle
of facts that are required to be proved in order to bring home one’s case. However, in the realm of
the NGT Act, this concept takes a more spherical meaning in as much as under the
environmental laws, precautionary principle is also to be considered while adjudicating upon a
case. So, in the real sense of the term, the Tribunal could also take cognizance of a matter
Wherein there is “anticipated cause of action”.
These are concepts that require further study, further deliberation and further interest. I
iirmly believe that an answer is only as good as the question. And the questions in relation to
environment today are aplenty. We just need to understand them on the touch stone of
environment, which is a culmination of humanity and life.
***Thank You***
170
Hon'ble Chairperson Hon'ble Judicial and
Sitting Left to Right
Hon'ble Dr. Ramesh Chandra Trivedi, Hon'ble Prof. A.R. Yousuf, Hon'ble Prof. (Dr.) P.C. Mishra,
Hon'ble Mr. Justice Swatanter Kumar, Hon'ble Mr. Justice U.D. Salvi,
Hon'ble Mr. B.S. Sajwan, Hon'ble Shri Ranjan Chatterjee
Expert Member, National Green Tribunal
Hon'ble Mr. Justice M.S. Nambiar, Hon'ble Mr. Justice Dr. P. Jyothimani,
Hon'ble Dr. Devendra Kumar Agrawal, Hon'ble Dr. Gopal Krishna Pandey,
PROFILE
OF
HON'BLE CHAIRPERSON
HON'BLE MR. JUSTICE SWANTANTER KUMAR

Chairperson
· Justice Swatanter Kumar, B.A., LL.B. - Born on 31.12.1947.
· Enrolled as an Advocate with the Delhi Bar Council on 12.7.1971. Practiced in various High
Courts and the Supreme Court. Served as an Additional District & Sessions Judge in the
Himachal Pradesh High Court from February, 1983 till his resignation in October, 1983,
and thereafter resumed practice at New Delhi.
· Was Legal Advisor/Standing Counsel for the Central Pollution Control Board for a number
of years. Practised in various High Courts, particularly in Delhi High Court on the Original
Side, Appellate Side, Extraordinary Ordinary Jurisdiction (Writ) and other different fields
including environment.
· Appointed as an Additional Judge of the Delhi High Court on 10.11.1994. Transferred to

Punjab and Haryana High Court on 30.11.1994.
· Appointed permanent Judge on 30.11.1995. Transferred to Delhi on 4.10.2004.
· Appointed as Chief Justice of Bombay High Court on 31.3.2007.
· Appointed as Judge, Supreme Court of India on 18.12.2009.
· Dealt with and disposed of large number of cases in various High Courts and the Supreme
Court. Various judgments delivered include cases relating to land acquisition, Public Interest
Litigation, Environment, both under Criminal and Civil jurisdiction.
· Upon being appointed as Chairperson, NGT, resigned as Judge of the Supreme Court of
India on 20.12.2012.
177
PROFILE
OF
JUDICIAL MEMBERS
HON'BLE MR. JUSTICE M. CHOKALINGAM

Judicial Member
· Born on 17.2.1949.
· Enrolled as an Advocate on 23.1.74.
· Practiced in Civil and Criminal Sides at Devakottai.
· Served as Additional Public Prosecutor and then appointed as District and Sessions Judge, on
16.11.1987.
· Worked as District Judge at Trichy, Salem, Chennai and Coimbatore and also served as
Administrator General and Official Trustee of Tamil Nadu, Chennai and as Chairman, State
Transport Appellate Tribunal.
· Appointed as Additional Judge, Madras High Court on 27.9.2000 and as Permanent Judge
on 20.09.2002.
· Joined Principal Bench of National Green Tribunal as Judicial Member on May 4, 2012.
181
HON'BLE MR. JUSTICE V.R. KINGAONKAR

Judicial Member
· Born in Mumbai on 31st January 1949
· Completed graduation in Science (B.Sc.) and graduation in Arts Faculty (B.A.) in 1969.
· Has done LL.B. and LL.M. in 1970 and 1997 respectively.
· Was Joint Director of Judicial Officers Training Institute (J.O.T.I.), Nagpur.
· Was Principal District Judge.
· Was Registrar and Registrar General, High Court of Bombay.
· Was Judge, High Court of Bombay.
· Was Member (Judicial), National Consumer Disputes Redressal Commission (NCDRC),

New Delhi.
· Joined National Green Tribunal as Judicial Member on August 1, 2012.
182
HON'BLE MR. JUSTICE P. JYOTHIMANI

Judicial Member
· Date of Birth: 26.10.1950
· B.Sc., M.L. (Contracts including Mercantile Law) Enrolled as Advocate at Mardas on

Practicsed as an Advocate on original and Appellate side in the High Court and Civil Courts.
· Worked in Shri R. Sundantharaj Advocate in the first two years.
· Worked in Shri K. Parasarans Office For 2 years.
· Legal Advisor of University of Madras from 1992-1998 handled all educational cases.
· Panel of lawyers for Food Corporation of India (FCI) from 1996. Conducted many second
appeals CRPs, CMAs, First Appeals in the High Court independently and writ petitions and
writ appeals particularly relating to education matters in important cases involving important
legal issues.
· Counsel for Administrator General and Official Trustee High Court and Pachaiyappas Trust
Board and Association of University Teachers (Regd). Tamil Nadu (AUT). Counsel for the
Bar Council of Tamil Nadu.
· Elevated as a Judge of the Madras High Court on 10.12.2005.
· Joined as Judicial Member, National Green Tribunal on December 24, 2012.
183
HON'BLE MR. JUSTICE UMESH DATTATRAYA SALVI

Judicial Member
· Born on 26th February, 1951 at Bombay.
· Completed formal studies with acquisition of M.Sc. (Bio-Chemistry), LL.B. from the
University of Bombay.
· Enrolled as an Advocate in March 1977. Worked as Additional Government Pleader and

Public Prosecutor, District Thane and as Member Secretary, District Legal Aid and Advice
Committee, Thane.
· Appointed as City Civil and Additional Sessions Judge, Mumbai in August 1993.
· Elevated as a Judge of the Bombay High Court on 10th February, 2009.
· Joined National Green Tribunal as Judicial Member on February 14, 2013.
184
HON'BLE MR. JUSTICE DALIP SINGH

Judicial Member
· Date of Birth : 18th November, 1950
· Academic Qualifications : B.A.Hons (History) in the year 1970, LLB in the year 1973
· Date of Enrolment : 16th February, 1974 with Bar Council of Rajasthan, Jodhpur as
Advocate
· Professional Experience : Practised as an Advocate in the Rajasthan High Court at Jodhpur

and later at the Jaipur Bench on the Civil, Criminal and Constitutional Side.
Appointed as Additional Advocate General for the State of Rajasthan in 1989-90.
Appeared for the Government of Rajasthan, Income Tax Department, Government of India,
Central Excise and Customs Department, Government of India.
Appeared for the Election Commission of India
Counsel for University of Rajasthan, Jaipur; Kota Open University, Kota; Rajasthan Co-
operative Dairy Federation Tri Fed; New India Insurance Company; Oriental Insurance
Company and United India Assurance Company in the High Court.
· President of the Rajasthan High Court Bar Association, Jaipur in the 1996-97.
· Elevated as a Judge of the Rajasthan High Court on 2nd September, 2004.
· Appointed as Chairman of Rajasthan High Court Legal Services Committee in 2010.
· Appointed as Executive Chairman, Rajasthan State Legal Services Authority in 2011.
· Appointed as Administrative Judge of the Rajasthan High Court in 2012.
· Retired as Judge of the High Court on 17th November, 2012.
· Appointed as Judicial Member of National Green Tribunal on July 24, 2013.
185
HON'BLE MR. JUSTICE M.S. NAMBIAR

Judicial Member
· Born on 03-01-1951 at Kasaragod.
· Educated at Govt. High School, Chemnad, Govt. College, Kasaragod, Guruvayoorappan

College, Kozhikode, Law College, Kozhikode.
· Enrolled on 09.11.1975.
· Practised in courts at Kasaragod.
· Joined in the Kerala State Judicial Service as Munsiff on 26-04-1982.
· Worked as Munsiff at Kuthuparamba. Promoted as Sub Judge on 18-12-1985.
· Worked as Sub Judge, Ernakulam and Kottayam.
· Promoted as District and Sessions Judge on 31-10-1990.
· Worked as MACT Manjeri, Addl. District Judge Trivandrum, Enquiry Commissioner
· Special Judge, Trivandrum, MACT, Thalassery
· Addl. District Judge, Kottayam till 25.06.1999.
· From 25.06.1999 to 11.05.2001 functioned as Addl. Sessions Judge (Sooryanelli case)

Kottayam and from 19.05.2001 to 10.04.2002 as District Judge, Trivandrum.
· Served as Registrar, High Court of Kerala from 12-04-2002.
· Appointed as Additional Judge, High Court of Kerala on 28-10-2004.
· Sworn in as Permanent Judge of the High Court of Kerala with effect from 24-06-2005.
· Joined National Green Tribunal as Judicial Member on October 9, 2013.
186
PROFILE
OF
EXPERT MEMBERS
HON'BLE PROF. (DR.) R. NAGENDRAN

Expert Member
· Born on 05th November, 1951 at Bangalore.

· Obtained M.Sc. degree in Zoology (Fishery Biology) in 1977, and Ph.D in Ecology and
Ethology in 1981.
· 1980-81 to 1987-88 Lecturer in Zoology/Environmental Science, St. Josephs College,
Bangalore 560001, India
· 1988-89 to 1992-93 Assistant Professor in Environmental Science, Goa College of
Engineering (Government of Goa), Farmagudi, Goa.
· August 1993 to July 2001 Assistant Professor in Environmental Science, Centre for
Environmental Studies, Anna University, Chennai 600025, India.
· August 2001 Professor of Environmental Science/Engineering, Centre for Environmental
Studies, Anna University, Chennai 600025, India.
· Joined Principal Bench of National Green Tribunal as Expert Member on May 5, 2011.
· Environmental Professional/Scientist with over 30 years of Comprehensive Experience
· Environmental Project Management
· Membership in Government/Judicial committees
· Ecological Studies/Environmental Engineering/Technology, Research & Development
· Industry level Interaction/Consultancy Projects on Environmental Protection and Pollution
Control
· International and National Level Participation & Presentations in Conferences/Seminars
· Advisory Role for Government Bodies and NGOs on Environmental Protection
· Special Environmental Impact Studies funded by International Organisations
· Transfer of Academic Knowledge/Research for Societal Awareness
· Education and Training.
· Joined National Green Tribunal as expert member on May 6, 2011.
191
HON'BLE DR. DEVENDRA KUMAR AGRAWAL

Expert Member
· Born: 26th June 1964.
· Obtained M. Tech (1986) and Ph.D. (1993) from IIT, Kharagpur after completing B. Tech.
(Ag. Engg.) from JNKVV, Jabalpur in 1985.
· Started professional career as Asstt. Prof./ Jr. Scientist at IGKVV, Raipur
· Joined National Institute of Hydrology, Roorkee at Jammu Centre.
· Teaching, research interest included Hydrology, Irrigation Planning; Water Harvesting,

Watershed Management and Command Area Development.
· At G B Pant Institute of Himalayan Environment & Development, Almora research and

development activities revolved around Environmental and Social Impact Assessment and
Management especially in the Himalayan Region with focus on Sustainable Infrastructure
development - roads, hydropower, urban planning, tourism, mining, alternate land use, etc.
through integration of latest tools & techniques with due consideration to unique
biodiversity and environmental economics.
· Worked in privately held consultancy group offering design to commissioning services to

thermal and hydro power projects where emphasis was on providing sustainable development
options.
192
HON'BLE DR. GOPAL KRISHNA PANDEY

Expert Member
· Dr. G.K. Pandey has joined National Green Tribunal as an Expert Member on 5th May
2011. Prior to joining NGT, he worked in the Ministry of Environment and Forests, Govt.
of India, New Delhi in different senior positions. He is having more than 35 years of
National and International experience in different aspects of environment, occupational
safety and health, which include the following :
· Environmental Impact Assessment (EIA) of developmental projects.
· Industrial Pollution Monitoring and Control.
· Hazardous Waste Management.
· Municipal Solid Waste Management.
· Vehicular Pollution, Monitoring and Control.
· Noise Pollution Monitoring and Abatement.
· Management of Chemicals (Chemical Safety, Disaster Management etc.)
· Multi-lateral environmental agreements such as Rotterdam Convention, Stockholm
Convention & SIACM (Strategic Approach to International Chemical Management).
· Marine & Coastal Pollution Management.
· Water Quality Management.
· Clean Environmental Technologies.
· Environmental and Occupational Health.
· Experience of handling projects funded by the World Bank, World Health Organization,
UNDP, Bilateral Projects, USEPA, etc.
· Formulation and Review of Environmental Standards.
· Environmental Governance and Compliance.
· Represented India in a number of International Meetings convened by WHO and UNEP on
environmental issues including Multi-lateral Environmental Agreements (MEAs).
· Played an important role in the UNEP meeting in 2009 to evolve Legally Binding
Instrument (LBI) for control of mercury emissions.
193
HON'BLE PROF (DR.) P. C. MISHRA

Expert Member
· Born on 23rd January 1953.

· Educated gradute studies from Nayagarh College ,Nayagarh in 1972.
· post graduation in Biological Sciences from Sambalpur University in 1975.
· He joined as a CSIR research scholar to pursue Doctorate degree and obtained his Ph.D
degree in 1981.
· Research Assistant in School of Life Science of Sambalpur university.
· Lecturer in Life Sciences in 1984.
· Reader and Head of the Department of newly established Department of Environmental
Sciences of Sambalpur University in 1992.
· Awarded the Degree of Doctor of Science (D. Sc.) by Ranchi University on his work on Low
Cost Treatment of Waste Water.
· Professor in Environmental Science in 2000.
· Senior professor in Environmental Sciences.
· Expert member of National Green Tribunal , Govt.of India since 16th November 2012 on a
five years full-time assignment and posted at Delhi.
· Prof.Mishra's expertise is in the area of Environmental Pollution ,Control and Management.
· Significant contributions to the status of pollution in rivers Mahanadi, Brahmani, Ib and
Hirakud Dam Reservoir in response to industrialization and deforestation.
· engaged in developing low-cost methods for treatment of waste water and for disposal and
management of solid wastes. He has published 110 research papers in Journal of national and
international repute and authored/edited 10 books.
· Joined Principal Bench of National Green Tribunal as Expert Member on November 16,
2012.
194
HON'BLE MR. P. S. RAO, IFS (RETD.)

Expert Member
· Shri P.S.Rao retired from Indian Forest Service from Andhra Pradesh cadre. He served the
Forest Department in different capacities including as Divisional Forest Officer in three
districts and Conservator of Forests in one Territorial Circle. He worked in the Research
wing and having about ten years experience in Applied Forestry Research. He also worked as
Professor in Technical Forestry, Indian Institute of Forest Management, Ministry of
Environment and Forests, Govt. of India, Bhopal.
· He underwent training on Research Methods in Forestry at Oxford and Reading Universities

in UK and attended Mid Career Training at Syracuse University, USA. Shri P.S.Rao is the
recipient of National award for Excellence in Forestry Research for the year 2000-2001 from
Indian Council of Forestry Research and Education, Ministry of Environment and Forests,
Govt. of India, Dehra Dun.
· Joined National Green Tribunal as expert member on November 16, 2012.
195
HON'BLE PROF. A. R. YOUSUF

Expert Member
· Born on 28th August, 1951 at Srinagar (Jammu & Kashmir).
· Served in the University of Kashmir as post-graduate teacher and researcher for more than
three decades and held important positions in the University such as Director of Center of
Research for Development, Head of Department of Environmental Science, Dean of Faculty
of Biological Sciences, Dean of Academic Affairs.
· He has to his credit more than 125 research articles in the field of Limnology & Fisheries
published in different National and International Journals
· He has guided 40 M. Phil and 20 Ph. D Students.
· He has conducted 20 research and consultancy projects sponsored by different funding

agencies of the country.
· Prof. Yousuf served as a member on several important Scientific/Technical Committees at the

State and the national level including Expert Appraisal Committee (MoEF) for Hydropower
projects, Central Wetland Regulatory Authority of India, etc.
· Joined the National Green Tribunal as Expert Member November 23, 2012.
196
HON'BLE MR. BIKRAM SINGH SAJWAN, IFS (RETD.)

Expert Member
· Date of birth 10-12-1952,

· MSc (Physics) from BITS Pilani, MSc (Natural Resource Management) from the University of
Edinburg (UK) and received Best Overseas Student Award and MA (Rural Social Development)
scoring First Position with Distinction from the Reading University (UK).
· Joined the Indian Forest Service in March 1976
· Worked as Deputy Adviser/Adviser (Forestry), Ministry of Rural Development, GOI from 1986-1991
· Worked as Conservator of Forests and Nodal Officer, FC Act and thereafter as the Chief Executive &
Managing Director, A&N Islands Forest and Plantation Development Corpn Ltd (Central PSU) from
1995 to 2002.
· As Conservator of Forests-cum-Director (Environment) &Special Secretary to the Administration of
Dadra Nagar Haveli & Daman Diu from 2002-2003 handled CRZ and FC Act matters as the State
Nodal Officer-cum-Member secretary, CZMA.
· Appointed as the Deputy Director General (Extension) Indian Council of Forestry Research and
Education(ICFRE), in 2005 and, thereafter, as the Chief Executive Officer(CEO), National
Medicinal Plants Board(NMPB), Department of AYUSH, Ministry of Health and Family Welfare,
GOI from 2005 to 2010.
· As CEO, NMPB initiated several strategic initiatives for conservation, sustainable development and
export of medicinal plants and herbal products.
· Appointed as the Principal CCF (Head of Forest Force)-cum-Principal Secretary (Env. & Forests),
Arunachal Pradesh from 2010 to 2012. In that capacity initiated several policy measures, for
biodiversity conservation, streamlining of CAMPA and for review, monitoring and implementation of
EIA and EMP of all major infrastructure and hydro power projects
· Advised the Govt. of Sri Lanka in setting up Village Herbal Garden Scheme in the Country.
· Steered and organized setting up India Herbal Garden at WHO Headquarter in Geneva (Switzerland)
· Have been on the Expert / Technical Committees of Ministries / Departments of Agriculture,
Biotechnology, AYUSH, Environment & Forests, Health Research (ICMR) and on the Research
Advisory Committees of National Botanical Research Institute (CSIR), Central Institute of Medicinal
& Aromatic Plants (CSIR) and Directorate of Medicinal and Aromatic Plants Research (DMAPR �
ICAR) and the Tropical Rain Forest Research Institute (ICFRE).
· Joined National Green Tribunal as expert member on January 7, 2013 .
197
HON'BLE DR. RAMESH CHANDRA TRIVEDI

Expert Member
· Born: 10th June 1952.
· Dr. Ramesh Chandra Trivedi has served Central Pollution Control Board, Govt of India for
31 years.
· He was involved in various aspects of monitoring and regulation of pollution in the country
including national water and air quality monitoring, inventory of polluting sources including
wastewater generation, collection and treatment in class-I cities and class-II towns of India,
industrial pollution load generation, development of laboratories, procedures, manuals,
guidelines, standards, criteria and policies on pollution regulation.
· He was member of several national committees related to research and development,

pollution regulation and policy formulation. He has worked in an Indo-Dutch collaborative
programme to develop yardstick for water quality monitoring and management.
· He has also worked on EU sponsored project on ecological assessment of rivers in

Hindukush Region of Himalayas.
· He has authored and co-authored 6 chapters/books, about 70 research papers and over 100
reports in Central Pollution Control Board. He was member of monitoring committee
constituted by Hon'ble Supreme Court on various issues related to protection of Tajmahal in
Agra from air pollution and contributed 65 reports, many of which formed basis for taking
important decisions of national interest.
· He has also served as visiting faculty in many academic institutes like School of Planning and
Architecture for over 18 years, Jamia Millia Islamia University for 16 years, Jiwaji University
Gwalior for 2 years and Indian Institute of Technology, Roorkee for 1 year. He has guided 6
Ph.D students, awarded the degree, 3 are continuing, and several Master level theses in last
15 years.
· Joined Principal Bench of National Green Tribunal as Expert Member on February 6, 2013.
198
HON'BLE MR. RANJAN CHATTERJEE, IAS (RETD.)

Expert Member
· Date of Birth: 9th October, 1952

· Masters in Political Science from Hindu college, University of Delhi in 1974.
· Second Masters Programme from the London School of Economics in 1992 in Social Policy
and Planning in Developing Countries.
· Lecturer in the University of Delhi Sri Venkateswara College (1964-76)
· Entered the Indian Administrative Service in 1976
· Graduated in Law from Delhi University in 2007
· Professional Assignments.
· Served as Joint Secretary, Civil Aviation, Govt. of India and as Chairman & Managing
Director of Pawan Hans Helicopters Ltd (Sept, 1995 to Dec, 1996) and played a significant
role in restructuring and brand positioning of the organization.
· Chairman, Airports Authority of India (Oct 1996 to July 1998)
· Attended the prestigious National Defence College, New Delhi on National Security
concerns in 1999.
· Principal Secretary, Education Forest Deptts. , Govt. of Meghalaya from 2001 to 2004.
· Joint Secretary, Ministry of Defence, Government of India, New Delhi since Aug 2004 and
moved to Dept. of Defence Production as Joint Secretary (HAL) in 2005 till March 2007.
· Chief Secretary, Govt. of Meghalaya from 1.4.2007 to 31.10.2009.
· Consultant, Planning Commission , Govt. of India since November, 2009, looking after the
Environment & Forests sector. Retired from Central Govt. in the rant of Secretary to Govt.
of India in Oct., 2012.
· Senior Consultant, Planning Commission for Nov. & Dec., 2012 looking after Environment
& Forests & Climate Change issues.
· Joined as Member (Expert) in the National Green Tribunal on January 2, 2013.
199
HON'BLE DR. AJAY ACHYUTRAO DESHPANDE

Expert Member
· Date of Birth: September 30, 1967

· Expertise in Environmental governance, environmental Safeguards, Industrial and Urban
Environmental Management, Urban Environmental pollution, Environmental law and
policy > B Engg (Civil Engineering), M Engg (Environmental Engineering)
· Doctor of Engineering (Environmental Engineering), IIT Delhi
· Environmental Advisor ( May 2012 onwards) with Maharashtra State Road Development
Corporation, Mumbai, A Government of Maharashtra company, Environmentally Sound
Infrastructure Development, Environmental Safeguards in Development of Infrastructure
projects, Air quality management, Resource Conservation
· Adjunct Professor, Centre for Environmental Science and Engineering (since July 2012) at
Indian Institute of Technology, Bombay, India, Teaching, Research and Consulting, air
quality management, noise pollution control, environmental law and policy
· Regional Officer and I/C Jt Director, Maharashtra Pollution Control Board, A Statutory
Environmental Regulator in the State, (1997-2012), Enforcement and compliance strategies,
environmental Governance, Clean Technology and GHG mitigation advocacy and action
plans, Air Quality action plans and Management, Environmental research and monitoring,
Public consultation and disclosures,
· Senior Environmental Engineer, Water And Power Consultancy Services (I) ltd, a Govt of
India company, (1991-1997) EIA studies for Water resources and Power sector,
Environmental Monitoring, Design of Pollution control systems, Risk Assessment and
Environmental Due Diligence studies for Industries,
· Assistant professor, Walchand Institute of Technology, Solapur, (1991-1992), Teaching UG
students, research and consultancy, setting up and operating the Environmental laboratory
· First Government of Maharashtra award for Distinguished Environmental engineer (2010)
· Joined Principal Bench of National Green Tribunal as Expert Member on March 18, 2013.
200
PROFILE
OF
REGISTRAR GENERAL
MR. SANJAY KUMAR

Registrar General, National Green Tribunal
th
· Joined Delhi Judicial Services on 20 October,1992.
th
· Promoted to Delhi Higher Judicial Services on 6 August, 2003.
· Posted as Presiding Officer, Labour Court in the year 2003, Additional District Judge, Land
Acquisition Court in the year 2007, Posted as Additional Sessions Judge, 2008, Appointed as
Chief Legal Adviser to Delhi Development Authority (DDA) in the year 2011.
· Appointed as Registrar General, National Green Tribunal (Principal Bench) New Delhi w.e.f.
th
25 October, 2013.
· Working as Mediator, District Courts Delhi since 2008 and National Trainer since 2009.
· Conducting several Mediation Training Courses and Awareness Programmes for Judicial
Officers and Advocates and others, throughout India for the last five years.
205
EVENTS
Hon'ble Mr. Justice Swatanter Kumar, Chairperson NGT
Greeting
th
Hon'ble Mr. Justice Recardo Lorenzethi, Chief Justice, Argentina on 14 March, 2014
Standing Left to Right
Hon'ble B.S. Sajwan, Hon'ble Prof. A.R. Yousuf, Hon'ble Dr. Ramesh Chandra Trivedi,
Hon'ble Dr. Devendra Kumar Agrawal, Hon'ble Mr. Justice M.S. Nambiar, Hon'ble Mr. Justice Swatanter Kumar
Hon'ble Mr. Justice Recardo Lorenzethi, Hon'ble Mr. Justice Dr. P. Jyothimani, Hon'ble Shri Ranjan Chatterjee
Hon'ble Mr. Justice U.D. Salvi, Hon'ble Dr. Gopal Krishna Pandey, Hon'ble Mr. R.C. Trivedi
Hon'ble Mr. Justice Swatanter Kumar, Chairperson, National Green Tribunal
with
Hon'ble Member, National Green Tribunal
Hon'ble Mr. Justice Swatanter Kumar, Chairperson, National Green Tribunal
with
Registrars, National Green Tribunal
Hon'ble Dignitaries on inauguration of Faridkot House
Hon'ble Chairperson alongwith Members on 8th March, 2014
The 5th Full House Meeting
REPORT
OF
GREEN REPORT
Sanjay Kumar*
Registrar General, National Green Tribunal, Faridkot House
“Man's paradise on Earth;This living world is the beloved place of

all;It has the blessings of Nature's bounties;Live in a lovely
spirit.”The Atharva Veda (5.30.6)
The importance of the environment has been understood in ancient texts and scriptures
so also the Constitution of India. Article 21guarantees basic fundamental rights to life and liberty
including, the right to a wholesome environment. Article 48 Arelates to protection of
environment as one of the Directive Principle with a fundamental duty under Article 51 A
(g).The right to a clean and healthy environment is an essential human right which can be
protected with the mutual cooperation of all the countries. International conventions such as
Stockholm Declaration, 1972, Earth Summit 1992, Earth Summit 2002, Copenhagen Summit,
2009 and Earth Summit, 2012 recognized duties of States to protect the environment. The
environmental jurisprudence developed under Article 21 of the Constitution by the Apex Court
and High Courts and enactment of legislation and increased concern for the environment
highlighted the need for effective adjudication of environmental issues, which culminated in the
enactment of The National Green Tribunal Act, 2010. The purpose of this report is to flag the
development in formation and functioning of the National Green Tribunal and also to inform
about the activities undertaken by it since its establishment.
FORMATION OF NATIONAL GREEN TRIBUNAL

The human development and modernization resulted in direct conflict with
environment. In early 1970's mankind at global level felt the concern towards the environment.
India participated in United Nations Conference on Human Environment held on June, 1972 at
Stockholm. A decision was taken calling upon the States to take appropriate steps for protection
and improvement of human environment.
The Government of India enacted “The Environment (Protection), Act 1986” to
implement the decision taken at the United Nations Conference. The Environment (Protection),
* Sanjay Kumar, Registrar General, National Green Tribunal, Principal Bench, New Delhi
227
Act did not set up a special adjudicatory mechanism to decide cases involving environmental
pollution. The Supreme Court of India in M.C. Mehta v. Union of India took2 the initiative and
emphasized the need for establishment and creation of environmental courts to adjudicate issues
concerning environmental pollution.
The United Nations Conference on Environment and Development was held at
Rio D Janerio in June, 1992, in which India also participated, also called upon the States to
provide effective access to judicial and administrative proceedings, including redressal and
remedy and to develop national laws regarding liability and compensation for the victim of
pollution and other environmental damages. The National Environment Act, 1995 was enacted to
provide strict liability for damages arising out of any accident occurring while handling any
hazardous substance and for establishment of National Environment Tribunal for effective and
expeditious disposal of cases. However the National Environment Tribunal was not established.
The environmental awareness led to explosion of Public Interest Litigation (PIL)
petitions pertains to environment before the Supreme Court of India and the High Courts. The
Supreme Court after anticipating this problem in its judgment M.C. Mehta (supra) suggested the
creation and establishment of an exclusive Alternative Forum for the environment cases, thus
easing at least the initial burden of High Courts and Supreme Court.
The development of India put increased emphasis on planning and implementation of
large projects impacting on the environment in general. The issue concerning grant of
environmental clearance for such projects assumed significance. The decision to grant
environmental clearance by State and Central Government has become inevitable. The National
Environment Appellate Authority Act, 1997 (NEAA Act) was enacted to establish the Appellate
Authority to hear appeals with respect to restriction of areas in which any industries, operation or
process or class of industries, operations or process shall not be carried out or shall be carried out
subject to certain safeguards under The Environment (Protection) Act, 1986. NEAA Act has
limited work load because of the narrow scope of its jurisdiction. In Vimal Bhai & Ors. v. Union
of India3 the Division Bench of High Court of Delhi observed that how the NEAA Act has been
rendered ineffective and the Government has denied the citizens the right of access to effective
and efficacious justice in the matters concerning the environment. The Court passed directions
to ensure the NEAA functions as an effective Appellate Authority and satisfied the legislative
mandate of the NEAA Act.
The Union of India preferred SLP (C) No. 12065/2009 challenging the above order of
the High Court of Delhi. On 31.07.2009, the Government introduce the National Green
4
Tribunal Bill, 2009. The National Green Tribunal Act, 2010 came into effect from 18.10.2010 .
The Actaims to provide for establishment of a National Green Tribunal for the effective and
2
1986 (2) SCC 176
3
158(2009) DLT 47
4
Notification, Ministry of Environment and Forest Notification No. 17/2/2010-PL(S.O.2569 E) dated 8.10.2010.
228
expeditious disposal of cases relating to environmental protection and conservation of forests and
other natural resources. It also provides for including enforcement of any legal right relating to
environment and giving relief and compensation for damages to persons and property and for
matters connected therewith or incidental thereto.
th
On 26 November 2010 the Central Government notified the National Green Tribunal
(Manner of Appointment of Judicial & Expert Member, salaries, allowances and other terms and
5
conditions of service of Chairperson and other Members and procedure for inquiry) Rules 2010 .
th
On 4 April, 2011, Ministry of Environment and Forest notified the National Green Tribunal
6 th 7
(Financial and Administrative Powers) Rules 2011 . On 4 April, 2011 , Ministry of
Environment and Forest notified The National Green Tribunal (Practise and Procedures) Rules
2011. On 5th May, 20118, Central Government vide Notification dated 5th May, 2011 specified
Delhi as the ordinary place of sitting of National Green Tribunal which shall exercise jurisdiction
in the whole of India. On 17th June, 2011, Ministry of Environment and Forest notified The
National Green Tribunal (Recruitment, Salaries and Other Terms & Conditions of Service of
9
officer and other employees) Rules 2011 . The Ministry further sanctioned strength of 95 staff at
th
the inception of National Green Tribunal. On 18 January,2013, 21 posts of drivers were
sanctioned. The recruitment rules for drivers notified vide Notification, Ministry of
th
Environment and Forest Notification No. G.S.R. 260(E) dated 17 April, 2013.
On 17th August, 2011, the Central Government notified the ordinary place of sitting of
10
the National Green Tribunal exercising jurisdiction in the area indicated against each:
S No. Zone Place of Sitting Territorial Jurisdiction
1. Northern Delhi Uttar Pradesh, Uttarakhand, Punjab, Haryana,

(Principal Himachal Pradesh, Jammu and Kashmir,
Bench) National Capital Territory of Delhi and Union
Territory of Chandigarh
2. Western Pune Maharashtra, Gujarat, Goa with Union
Territories of Daman and Diu and Dadra and
Nagar Haveli
3. Central Bhopal Madhya Pradesh, Rajasthan and Chhattisgarh
5
Notification, Ministry of Environment and Forest Notification No. 17/1/2010-PL(G.S.R.927(E) dated 26.11.2010.
6
Notification, Ministry of Environment and Forest Notification No. 17/19/2010-PL(G.S.R.295 (E) dated 04.04.2011.
7
Notification, Ministry of Environment and Forest Notification No. 17/01/2010-PL(G.S.R.296 (E) dated 04.04.2011.
8
Ministry of Environment and Forest Notification No. 17/01/2010-PL(G.S.R.1003 (E)
9
Notification, Ministry of Environment and Forest Notification No. 17/23/2010-PL/NGT(S.O. No.458 (E) dated
17.06.2011.
10
Notification, Ministry of Environment and Forest, Notification No. 17/04/2010-PL(SO 1908E) dated 17.08.2011
229
4. Southern Chennai Kerala, Tamil Nadu, Andhra Pradesh,

Karnataka, Union Territories of Pondicherry
and Lakshadweep
5. Eastern Kolkata West Bengal, Orissa, Bihar, Jharkhand, seven
sister State of North- Eastern Region, Sikkim,
Andaman and Nicobar Islands
Provided that till the Benches of the National Green Tribunal become functional at Bhopal, Pune,
Kolkata and Chennai, the aggrieved persons may file petitions before the National Green Tribunal
at Delhi and till such time the notification No. S.O. 1003(E), dated the 5th May, 2011 in the
Ministry of Environment and Forests, shall continue to be operative.
COMPOSITION OF TRIBUNAL
Section-4 of The National Green Tribunal Act, 2010, provides for the composition of the
Tribunal which shall consist of a full time Chairperson, Judicial Members not less than ten but
subject to maximum twenty full time and Expert Members not less than ten but subject to maximum
twenty. The Chairperson, is vested with the power to invite one or more persons having specialized
knowledge and experience in a particular case to assist the Tribunal. Section5provides for the
qualifications for the Chairperson and above mentioned Members.
Section6 provides that the Central Government shall appoint Chairperson,
Judicial Member and Expert Member. The Chairperson shall be appointed in consultation with the
Chief Justice of India. The Judicial Members and Expert Members shall be appointed on the
recommendations of the Selection Committee.
The National Green Tribunal (Manner of appointment of Judicial and Expert Member,
Salaries, Allowances and other terms and conditions of service of Chairman and other Members and
procedure for Inquiry) Rules, 2010, provides for the composition and appointment of the Selection
Committee, method of recruitment, salaries, allowances and conditions of service of Chairperson,
Judicial Members and Expert Members.
Chairpersons
Hon'ble Mr. Justice (Retd.) L.S. Panta was appointed as first Chairperson of National Green
Tribunal on 18th October, 2010 who held office till 31st December, 2011.
Hon'ble Mr. Justice A. Satyanarayan Naidu was appointed as the Acting Chairperson w.e.f.
01.01.2012 to 19.12.2012.
Hon'ble Mr. Justice Swatanter Kumar, a Sitting Judge of Supreme Court of India assumed
th
office as Chairperson w.e.f 20 December, 2012.
230
Judicial Member
The following Judicial Members were appointed from time to time with the approval of
Central Government :
S.N NAME DATE OF JOINING / TENURE
1. Hon’ble Justice M. N. Krishnan (did not join)
2. Hon’ble Justice A. Satyanarayan Naidu (Acting
Chairperson w.e.f. 1.1.2012 to 19.12.2012) (02.06.2011 - 31.01.2013 AN)
3. Hon’ble Justice C.V. Ramulu (16.05.2011 - 20.09.2012 AN)

4. Hon’ble Mr. Justice M. Chokalingam 04.05.2012
5. Shri Justice Amit Talukdar (18.04.2012 - 01.07.2012)
6. Hon’ble Mr. Justice V.R. Kingaonkar 01.08.2012
7. Hon’ble Mr. Justice P. Jyothimani 24.12.2012
8. Hon’ble Mr. Justice UmeshDattatrayaSalvi 14.02.2012
9. Hon’ble Mr. Justice S.N. Hussain 22.07.2013
10. Hon’ble Mr. Justice Dalip Singh 24.07.2013
Hon’ble Justice B.S. Reddy (12.09.2013 - 24.10.2013 AN)

11. Hon’ble Mr. Justice M. S. Nambiar 09.10.2013
Expert Member
The following expert Members were appointed from time to time with the approval of
Central Government :
1. Hon’bleProf.(Dr.) R. Nagendran 06.05.2011
2. Hon’bleDr. D.K. Agrawal 06.05.2011
3. Hon’ble Mr. Vijai Sharma 06.05.2011 - 01.03.2012
4. Hon’bleDr. G.K. Pandey 06.05.2011
5. Hon’bleProf.(Dr.) P.C. Mishra 16.11.2012
6. Hon’ble Mr. P.S. Rao 16.11.2012
231
7. Hon’bleProf. A.R. Yousuf 23.11.2012
8. Hon’ble Mr. Bikram Singh Sajwan 07.01.2013
9. Hon’ble Mr. Ramesh Chandra Trivedi 06.02.2013
10. Hon’ble Mr. Ranjan Chatterjee 02.01.2013
11. Hon’bleDr. Ajay Achyutrao Deshpande 18.03.2013
FUNCTIONING OF BENCHES
The Principal Bench initially started functioning from the make shift buildings i.e Van
Vigyan Bhawan(part of Forest Guest House) and Trikoot House, Bikaji Kama Place, (part of Wild
Life Building).
Pursuant to the direction of the Supreme Court dated 3rd May, 2012 in Union of India v.
Vimal Bhai (Supra)to the effect that Faridkot House on its vacation by the National Human Rights
Commission shall be allotted and possession thereof be handed over to the National Green Tribunal,
th
Directorate of Estates allotted Faridkot House to the National Green Tribunal vide letter dated 28
th
February, 2012. It's possession was handed over to the National Green Tribunal on 18 September,
2013 by the National Human Rights Commission. The National Green Tribunal was inaugurated
th
and became functional at Faridkot House on 18 October, 2013.
As per MoEF Notification dated 5th May, 2011, the Central Government specified Delhi as
the ordinary place of sitting of the National Green Tribunal to exercise jurisdiction in the whole of
th
India. Later on, vide the Notification dated 17 February, 2011 the Central Government specified
bifurcation of the jurisdiction of the National Green Tribunal into five Zonal Benches.At present,
three Zonal Benches have become functional at Chennai, Bhopal and Pune. As per MoEF
Notification dated 17th August, 2011, the Principal Bench at New Delhi presently is also exercising
jurisdiction of Northern Zone Bench besides the Eastern Zone Bench till it becomes functional at
Kolkata.
At the time of scheduled inauguration of Eastern Zone Bench at Kolkata on 24.05.2014,
first issue of the NGT International Journal on Environment will also be released.
The jurisdiction of the Principal Bench (Northern Zone Bench) and the Eastern Z o n e
Bench is as under:-
NORTHERN ZONE BENCH Uttar Pradesh, Uttrakhand, Punjab, Haryana, Himachal
Pradesh, Jammu and Kashmir, National Capital Territory of Delhi and Union Territory of
Chandigarh.
232
EASTERN ZONE BENCH West Bengal, Orissa, Bihar, Jharkhand, seven sister State of
North-Eastern Region, Sikkim, Andaman and Nicobar Islands.
There are presently two Benches functioning at the Principal Bench. Their composition is as
under:
COURT NO. 1
Hon'ble Mr. Justice Swatanter Kumar Chairperson

Hon'ble Mr. Justice U. D. Salvi Judicial Member
Hon'ble Dr. D. K. Agrawal Expert Member
Hon'ble Mr. B. S. Sajwan Expert Member
Hon'ble Dr. R. C. Trivedi Expert Member
COURT NO. 2
Hon'ble Mr. Justice Dr. P. Jyothimani Judicial Member
Hon'ble Mr. Justice M. S. Nambiar Judicial Member
Hon'ble Dr. G. K. Pandey Expert Member
Hon'ble Prof. (Dr.) P. C. Mishra Expert Member
Hon'ble Prof. A. R. Yousuf Expert Member
Hon'ble Mr. Ranjan Chatterjee Expert Member
SOUTHERN ZONE BENCH AT CHENNAI

th
As per the MoEF notification dated 17 August, 2011, Southern Zone Bench at Chennai
th
has become functional w.e.f. 30 October, 2012, presently there is only one Bench functioning at
Chennai.Its jurisdiction is Kerala, Tamil Nadu, Andhra Pradesh, Karnataka, Union Territories of
Pondicherry and Lakshadweep.
The composition of the Southern Zone Bench at Chennai is as under:-
 Hon'ble Mr. Justice M. Chokalingam, Judicial Member
 Hon'ble Dr. R. Nagendern, Expert Member
CENTRAL ZONE BENCH AT BHOPAL
th
As per the MoEF Notification dated 17 August, 2011, Central Zone Bench at Bhopal has
become functional w.e.f. 07.04.2013, presently there is only one Bench functioning at Bhopal.Its
jurisdiction is Madhya Pradesh, Rajasthan and Chattisgarh.
The composition of the Central Zone Bench at Bhopal is as under:-
 Hon'ble Mr. Justice Dalip Singh, Judicial Member
 Hon'ble Shri. P.S. Rao, Expert Member
233
WESTERN ZONE BENCH AT PUNE

th
As per the MoEF Notification dated 17 August, 2011, Western Zone Bench at Pune has
become functional w.e.f. 25th August, 2013, presently there is only one Bench functioning at Pune.Its
jurisdiction is Maharashtra, Gujarat, Goa with Union Territories of Daman and Diu and Dadar and
Nagar Haveli.
The composition of the Western Zone Bench at Pune is as under:-
 Hon'ble Mr. Justice V.R. Kingaonkar, Judicial Member
 Hon'ble Dr Ajay A. Deshpande, Expert Member
CIRCUIT BENCHES
The National Green Tribunal also held circuit bench sittings at the following places:-
1. SHIMLA
Five sittings on
- 29th& 30th July, 2013
th th
- 16 & 17 September, 2013
st nd
- 21 & 22 November, 2013
- 2nd& 3rd January, 2013 and
- 27th& 28th March, 2014.
2. JODHPUR
Three sittings on
th th
- 18 & 19 December, 2013 and
th th th
- 5 , 6 & 7 March, 2014.
- 1st& 2nd May, 2014
3. SHILONG
Two sitting on
- 24th January, 2014 and
th
- 4 April, 2014.
234
COMPOSITION AND FUNCTIONS OF REGISTRY

th
The Central Government vide Notification dated 12 May, 2011sanctioned 95 posts for the
National Green Tribunal and notified Recruitment Rules for these posts vide Notification dated 17th
th
June, 2011. On 18 January, 2013, 21 posts of Driver were sanctioned and Recruitment Rules were
th
notified on 17 April, 2013. Four additional post of Registrar were sanctioned vide the letter dated
18th September, 2013.
th
In Vimal Bhai (supra), the Supreme Court vide order dated 12 May, 2011 directed the
HighCourt of Delhi to depute two officers in the rank of Additional District Judge to act as
Registrars (Appropriate designation of the officer was to be determined by the Chairperson of the
National Green Tribunal). Accordingly, the Hon'ble Chairperson, National Green Tribunal
designated the Registrar posted at the Principal Bench as Registrar General.
The present composition of the Registry is as under:

I. REGISTRAR GENERAL
Mr. Sanjay Kumar, DHJS 25.10.2013
II. REGISTRARS
Dr. Archana Sinha, DHJS (18.07.2012 - 10.12.2013)
1. Shri. M.P. Tiwari, Registrar, CZB at Bhopal 16.03.2013
Shri. K.D. Vadane, Registrar, WZB at Pune (27.05.2013 - 18.12.2013)
2. Shri. K.L. Vyas, Registrar, WZB a t Pune 18.12.2013(AN)
3. Shri A.K. Senapati, Registrar, EZB at Kolkata 04.02.2014
4. Dr. A.D. Maria Clete, Registrar, SZB at Chennai 03.03.2014
III. DEPUTY REGISTRARS
1. Ms. Sheetal Sharma 02.09.2013
2. Mr. S.Kumar, Deputy Registrar, SZB, Chennai 07.09.2012
3. Ms. Sindhu Krishnakumar 25.04.2014
IV. PRINCIPAL PRIVATE SECRETARY TO CHAIRPERSON
Ms. Sindhu Krishnakumar (19.01.2013 - 24.04.2014)
V. UNDER SECRETARIES
(MoEF officers posted in the NGT in diverted capacity)
Mr. Chattarmani
235
Mr.D.C Sharma
Mr.P. Ramamurthy (03.01.2014 - 17.01.2014)
1. Mr. C.S Thakur 24.01.2014
VI. ASSISTANT REGISTRAR
1. Mr. A. V. Pradeep Kumar, SZB at Chennai 09.05.2014
2. Mr. Surjya Shankar Mishra,NGT Prin. Bench 09.05.2014
3. Mr. Ram Swarup as Dy. Controller of Accounts, 07.05.2014
NGT Principal Bench
VII. ACCOUNTS OFFICER
1. Mr. Chetan Chawla 28.09.2012
VIII. SECTION OFFICER
1. Ms. Ruchi Sonkar, CZB at Bhopal 25.03.2013
2. Mr. V. Shankaran, SZB at Chennai 11.07.2013
3. Ms. Sonia Suhag, Principal Bench 17.01.2014
4. Mr. Abhijit Sarkar, EZB at Kolkata 24.04.2014
IX. PRIVATE SECRETARY
1. Mr. Immanuel Alexander, Principal Bench 09.05.2014
2. Mr. Sanjib Kumar Ghosh, EZB at Kolkata 06.05.2014
X. ASSISTANT
1. Ms. Komal Jain Yadav (PB) 14.02.2013
Mrs. Anamika Singh (10.04.2013 - 01.10.2013)
2. Ms. Sayani Ghosh 14.02.2013 (PB)
18.11.13 (WZB)
3. Mr. Achal Sakhuja (PB) 10.04.2013
4. Mr. Shailesh Kumar Sharma 20.02.2013 (PB)
26.03.13 (CZB)
5. Ms. Kavita Deepak Kadam 13.02.2013 (PB)
26.08.13 (WZB)
6. Ms.Zeba Parveen 13.02.2013 (PB)
29.05.13 (EZB)
7. Mr. Manoj Kumar (PB) 29.05.2013
8. Mr. Vijay Kumar Singh (PB) 12.07.2013
9. Mr. Vivek Kumar Patel 29.05.13 (PB)
12.07.13(EZB)
10. Ms. Prerna Goyal (PB) 30.05.2013
11. Mr. Naveen Kumar Singh (PB) 07.10.2013
236
I. STENOGRAPHER GRADE ‘C’

1. Ms. Anju 22.04.2012
2. Mr. Avinash Thakur 31.10.2013
3. Mr. Nitin Tanganiya 30.10.2013
4. Mr. Ankita Minocha 04.10.2013
5. Mr. Dalip Kumar 31.10.2013 (PB)
20.02.14 (CZB)
6. Ms. Rajni Pruthi 04.10.2013
7. Mr. Mohit Nagpal 07.10.2013
8. Ms. Anita Kumar 04.10.2013
9. Mr. S. C. Nitharwal 16.10.2013
10. Ms. Prachi Nautiyal 16.10.2013
11. Ms. Preeti Aneja 04.10.2013
On Deputation
12. Mr. H. K. Khan 02.07.13 (WZB)
13. Mr. R. Radha Krishnan 30.09.13 (SZB)
II. STENOGRAPHER GRADE ‘D’
1. Ms. Jyoti Gautam 01.12.2012
2. Mr. Himanshu 19.01.2013
3. Mr. Dharamvir 01.12.2012
Ms. Usha (01.12.2012 - 09.09.2013)
4. Mr. Paras Bhatia 16.07.2013
5. Ms. Shilpa Nagpal 16.07.2013
6. Mr. Avinash Gautam 16.07.2013
7. Ms. Kritika Rawat 16.07.2013
8. Mr. Mahendra Srivastava 04.10.2013
III. ACCOUNTAN
1. Mr. Shivom Vashisht 18.01.2013
2. Ms. Vandana 09.01.2013
3. Mr. Prasanta Kr. Saha 07.03.2013 (PB)
26.08.13 (WZB)
4. Mr. Santosh Kumar 20.10.2013 (PB)
02.05.13 (SZB)
5. Mr. Mohd. Arif 30.01.2013 (PB)
01.04.13 (CZB)
237
Composition of Tribunal
Section-4
ACTIVITIES
DISPOSAL OF CASES
2011 (Principal Bench, New Delhi)
Institution Disposal Pending
Transferred Cases from NEAA/ Appeal/ Application/ 168 163 5
Misc. Application including Review Applications
Total 168 163 5
2012
Principal Bench, New Delhi 503 438 65
Southern Zone Bench, Chennai (1st November, 45 Nil 45
2012)
Total 548 438 110
2013
Southern Zone Bench, Chennai 936 382 599
Central Zone Bench, Bhopal (7th April, 2013) 331 247 84
Western Zone Bench, Pune (25 th August, 2013) 146 16 130
Total 3116 1585 1646
2014 (Till 31.03.2014)

Southern Zone Bench, Chennai 251 87 763
Central Zone Bench, Bhopal 287 166 205
Western Zone Bench, Pune 120 31 219
Total 909 492 2063
Grand Total 4741 2678 2063
238
Data - National Green Tribunal
239
IMPORTANT DECISIONS
STERLITE INDUSTRY V. TAMILNADU POLLUTION CONTROL BOARD11
FACTS :
Appellant Company a unit manufacturing copper cathodes and rods by process of “smelting
copper concentrate” - Report of NEERI in 2005 showing emissions within limits, while
some emissions not confirming to prescribed standard - Solid waste released by slag in plant,
found by CPCB as norm hazardous but NEERI found 30 deficiency - As per directions of
the Supreme Court rectification done but one direction not carried out - An incident dated
23.03.2013 alleging leakage or excessive emission of SO2 and reports of Eye irritation and
th
throat suffocation received - Notice dated 24 March, 2013 issued to Appellant Company
under Section 21 of Air Act - Reply filed in three days as required by the State Pollution
Board - Inspection conducted by officers of State Pollution Board and Various officers of
Government visited on 24.03.2013 premises - State PCB found all parameters in normal
condition - No in-patient or out-patient found at hospitals with complaint of eye irritation
or throat suffocation - Closer order dated 29.03.2013 under Section 30, 33 of Air
(Prevention and Control of Pollution) Act, 1981 was passed by Tamilnadu Pollution
Control Board.
Supreme Court already allowed unit to run - certain contentions relating to compensation
etc. - State PCB to issue directions including closer of unit as per law. Appeal filed before
Chennai Bench of Tribunal - an Expert Committee appointed during appeal - Report
showing emission within limit including ambient SO2 concentration, monitored at 16
stations - Interim orders passed on 31.05.2013 to operate unit under strict control and
supervision of Special Expert Committee - Report filed on 10.07.2013 - emission found to
be in permissible limit and absence of any pollution or health hazardous from activity of
unit.
ISSUES & DECISIONS :

1. Trustworthiness and reliability of incident of 23.03.2013 alleging leakage or excessive
emission of So2.
Held that alleged incident is founded on mere suspicion and apprehension, unsupported by
cogent evidence. There is no study based on any scientific methodology for check period to
substantiate the plea of excessive emission, resulting in health hazard.
2. Effect of judgment of Supreme Court dated 02.04.2013, which clearly stated that it
11
2013 ALL (1) NGT Reporter Delhi 368
240
would not come in the way of SPCB issuing any direction including closure of unit for
protection of environment. Incident of 23.03.2013 though mentioned, court did not pass
any orders.
Held that various facets agitated before the court were decided and have attained finality.
Company was permitted to run subject to conditions. Those issues cannot be re-agitated
and due weightage has to be given to said judgment, which is binding on Tribunal.
3. Whether direct appeal to NGT under Act of 2010 against order dated 29.03.2013
directing closer of unit / plant is not maintainable?
Held that since there was no properly constituted appellate authority and the constituted
appellate authority and the Tribunal being the appellate authority against the orders of
appellate authority under the Air Act, the appellant has to avail its right of appeal, which it
did. It could not have filed appeal before the said appellate authority as it was not properly
constituted (three members not appointed) as per notification and company could not have
waited for long, till it is properly constituted.
4. What is the effect of term of reference vide order dated 12.04.2013 and report submitted
dated 28.04.2013 when Chennai Bench of Tribunal appointed Expert Committee during
the pendency of the appeal and expert report submitted?
Held that term of reference did not make a specific reference to the incident dated
23.03.2013, therefore report dated 28.04.2013 cannot be considered. It is an afterthought
and cannot be a ground for non-consideration of expert committee before by the Tribunal.
5. Whether Chairman of State PCB is vested with power to direct closure of an industry? If
the exercise of power was proper in the facts and circumstances of the matter.
Held that Chairman can exercise such powers as are delegated to him by Board in terms of
Section 33A of the Air Act and Section 31A of the Water Act. Such powers can hardly be
questioned. However, in this case the complaints of leakage of gas is based on surmises. No
scientific data was collected. Incident was of 23.03.2013. Orders were passed on
29.03.2013. Thus, there was hardly any urgency. Further, record shows that matter was not
placed before the Board either prior to or after the orders of 29.03.2013. This shows
callousness. Order suffers from vice of arbitrariness.
6. Whether emission of high level of SO2 recorded by PCB at three continuous monitoring
3 3
station shown maximum value in four hourly test between 17.5 ug/m to 39.3 ug/m and
3 3
during whole month, on various dates, from 22.1 ug/m to 52.5 ug/m causes damage to
vegetation, soil and water?
Held there is no evidence that the emissions recorded by PCB causes damages to vegetation,
soil and water and values were within permissible parameter. It is doubtful that said high
level of emission (as recorded) put cause symptom of eye irritation or throat suffocation, etc.
241
as reported in the complaint.

7. Applicability of doctrine precautionary principle vis-à-vis punitive measures in reference
to facts of this present case.
Held that the closure of unit was more of a punitive measure than preventive. Hence,
suitable directions were issued by the Tribunal as follows.
DIRECTIONS GIVEN BY TRIBUNAL :

(i) The recommendations and suggestions made in the report of Special Expert
Committee shall be binding upon the Appellant Company and compliance shall be
made in a time bound programme expeditiously and in no case later than 8 weeks
from the date of judgment. The Appellant Company shall be abide by the
undertaking before the Tribunal.
(ii) The Respondent Board is directed to commission “Source Appointment Study” in
an around SIPCOT Industrial Area within a period of one year and take appropriate
measures based on the findings of the said study under intimation to Tribunal.
(iii) The report of Special Expert Committee shall be deemed to be an integral part of
this order and all its conditions, directions, suggestions and recommendations
would mutatis mutandi apply to the appellant company.
(iv) The Appellant Company shall place its data of stack and ambient air quality in
'public domain', i.e. online dissemination of data.
(v) The Respondent Board shall consider and pass appropriate orders on the pending
application for renewal of or obtaining consent of the appellant company. Board
shall also take due notice of the report of Special Expert Committee dated 10th July,
2013 while dealing with the consent application of the appellant company.
(vii) A Special Committee of the Secretary (Health), Government of Tamil Nadu,
Member Secretary-Pollution Control Board, Tamil Nadu, Director General of
Health Services of Tamil Nadu, Respondent No. 5 – Vaiko and two independent
experts, one from the field of environment and the other from public health, to be
nominated by the MoEF. This Committee shall conduct a study and place on record
the causes for the health hazards that are resulting in and around the industries and
the industrial clusters, like SIPCOT. It will give the reasons why the young ladies in
those villages in the State of Tamil Nadu are suffering from termination of
pregnancies and why the people are suffering from various ailments like throat and
eye irritation and suffocation in breathing. This Committee shall further place on
record the recommendations for remedying such environmental injury and health
hazards. These recommendations shall be placed before the Tribunal within a period
242
of six months.
(vii) The report of Special Committee shall be placed before appropriate Bench of the
Tribunal for such further directions as may be deemed necessary by the Tribunal. All
authorities concerned shall ensure compliance of the directions without demur and
default. Liberty granted to either of the parties to approach in the event of violation
of directions issued by this Tribunal, by any of the party to the lis or any authority or
person for that matter.
RAYONS ENLIGHTNENING HUMANITY AND ORS. VS. MOEF AND OTHERS.

INVERTIS UNIVERSITY, BAREILLY VS UOI & OTHERS
12
JYOTI MISHRA & OTHERS VS MOEF & OTHERS .
FACTS :
State Level Environmental Impact Assessment Authority, (SEIAA) recommended two State
Environmental Appraisal Committee (SEAC)- declared that Nagar Nigam Bareilly not
required to take environmental clearance for Municipal Solid Waste Management Project
(MSWM) at Village Razou - Paraspur, Bareilly under EIA Notification of 2006. Vide letter
dated 19th December, 2012, three Applicants namely Rayon-Enlighting Humanity, Lati
Beg, Invertis University and a Group of Residents of Village Razou
Paraspur, Bareilly filed separate Applications to challenge legality, correctness and validity of
impugned letter issued by Nagar Nigam, Bareilly.

1. Whether the site where the MSWM Project has now been constructed is a permissible site
in accordance with law?
The site in question was never earmarked in the Master Plan / Zonal Plan as MSWM Site
and it was not expected of the authorities to establish such a plan in violation of the law. It is a
settled rule that exercise of power ought not to be destructive of the law enforced at no point
of time, any attempt was made by the appropriate or the competent authority to prescribe
changed use of land of the site in question. The site in question primarily for the reason that
the Master Plan specifically declares the site in question to be earmarked for social, cultural
and institutional area. No permission was ever taken nor even applied to use of agricultural
land as per the stand of the Respondent. The site of the MSWM Project at the site is not
permissible and site is not in accordance with law.
12
2013 ALL (1) NGT Reporter (New Delhi) 324
243
2. Whether Municipal Corporation Bareilly (Respondent No. 4) was required to take

environmental clearance in terms of EIA Notification of 2006 and what is the fact of the
circular dated 15th January, 2008?
The Municipal Corporation Bareilly did not comply it terms and conditions of Municipal
Solid Waste (Management & Handling) Rules, 2000 till expiry of the NOC period of 5
years in 2010 as the project was not listed in EIA Notification of 1994 and is listed under
EIA Notification of 2006.
The Municipal Corporation Bareilly was required to take environmental clearance from
SEIAA being Category-B project before setting-up and operating MSWM Plant and not
th
exempted from seeking clearance on the strength of Circular dated 15 January, 2008.

(i) Immediate closure of the Municipal Solid Waste Management Plant at Razou,
Paraspur, Bareilly
(ii) Permanent Prohibitory Injunction restraining Municipal Corporation Bareilly
from dumping any municipal waste at the site in question.
(iii) Mandatory Injunction to remove all Municipal Waste dumped at the site within
four weeks from the date of order.
(iv) The MSWM Plant at Razou, Praspur, Bareilly to be positively shifted to any
appropriate site within the territorial area of Municipality earmarked in the Master
Plan-2021 of Bareilly, for that purpose in consonance with MSW Rules, 2000.
Further, subject to Municipal Corporation Bareilly obtaining consent from Uttar
Pradesh Pollution Control Board as well as obtaining environmental clearance from
the appropriate authority and in accordance with law.
(v) The MoEF to ensure that Member Secretary or any other Officer of the State Board
should not be member in the SEIAA, in order to facilitate independent assessment
of the project at the SEIAA Level.
(vi) Till the above carried out Municipal Corporation Bareilly may continue to dump
municipal solid waste at the existing solid waste dumping ground other than the site
in question for which Uttar Pradesh Pollution Control Board should provide clear
guidelines for the site preparation, dumping, compaction, soil layering, disinfectant
spray, etc. forthwith.
(vii) The site in question should be restored and developed as per Master Plan-2021.
244
COURT IN ITS OWN MOTION VS. STATE OF H.P. AND OTHERS DURGA DUTT VS.
13
STATE OF H.P AND OTHERS SHER SINGH VS. H.P. AND OTHERS
FACTS :
rd
Mountainous and forests about 2/3 of the States Geographical Area in State of Himachal
Pradesh - store house of rich biodiversity, vital in preserving fragile and sensitive Himalayan
Eco System – Rohtang Pass one of the most significant gifts of nature to mankind
invitestourists in Himalayan range - termed as 'Crown Jewel of Himachal Pradesh - Over
construction, increase vehicular traffic and associated air pollution and their impact on snow
caps owing to unregulated touristsare causes of concern.

1. Pollutant contents in Rohtang Pass – Environmental, ecological and aesthetical degradation
of glaciers in Rohtang Pass – factors, responsible for such degradation. Need for taking
effective steps.

(i) At the entry point to the climb, near Vashishta, there shall be common check-post /
barrier to be provided by the authorities concerned, Pollution Control Board and
the Directorate of Weights and Measures of State Government shall also introduced
and install computerized weighing motion system to check over loading of the
vehicles.
(ii) The officials posted at the barrier shall regularly check pollution of vehicles plying
on the rout and subjected to random pollution check. This will equally apply to
Government and private vehicles.
(iii) No over load loaded vehicle public or private would be permitted to ply on the road
as recorded by weigh-in-motion system.
(iv) The CNG or electric city operated bases or other vehicles of any kind permitted to
ply from Vashishta to Rohtang Pass. No other private or public or government
including two wheeler shall be permitted for tourism purposes. State Government
may operate itself or may outsource the same but directly under sits control and
supervision.
(v) The petrol driven vehicles lying in Manali and other surrounding area of Rohtang
pass should have catalytic converters and diesel driven vehicles should provide with
13
2014 ALL (1) NGT Reporter (1) Delhi 66
245
soot collector system. The vehicles which are more than 10 years old on this rout
shall be phased out and should not be permitted to operate or ply on the rout of
Rohtang Pass from Vashishta.
(vi) State Government directed to take appropriate steps in accordance with law to
introduce BS-IV Norms in the State of Himachal Pradesh. State Government
should explore the possibility of providing ropeway expeditiously.
ANCILLARY DIRECTIONS GIVEN BY TRIBUNAL :

(i) The public transport, army vehicles, govt. vehicles en route to their destination
ahead of Rohtang Pass will be issued permit by DC / SDM / Director of Transport /
Commanding Officer, to pass through Rohtang Pass, will be not entitle to station at
Rohtang Pass Glacier. The vehicles shall comply BS-III and prescribed pollution
standards. The vehicles carrying goods Marhi transporting goods will not be
permitted to Rohtang Pass.
(ii) The use of snow scooters at Rohtang Pass restricted in the interest of environment
and ecology. The scooter should be battery operated, less than 4 years old permitted
to be used for the purpose of tourism, recreation, etc. at Rohtang Pass.
(iii) Degradation of Rohtang Pass and en route. Need to provide clean and hygienic
environment with public amenities.
NECESSARY DIRECTIONS GIVEN BY TRIBUNAL :

(i) Carrying and / or use of any kind of plastic bags, packaging material of food or other
items, littering of any kind in an around en route Rohtang Pass is strictly
prohibited.State Government may develop a small market at Marhi which will be
entirely eco-friendly and would not be permanent structure to provide eatable
medicines or such other good necessitate of day to day life for tourist. State
Government also provide eco-friendly, clean and hygienic toilets. The waste so
collected shall be taken to nearest Municipal Solid Waste Plant or prescribed
dumping ground.
(ii) The Government shall provide removable, eco-friendly toilets at Rohtang Pass.
Urinating in open place should be prohibited. The entire glacier must be kept clean
in all respect while ensuring complete hygiene. No commercial activity of any kind
is permitted at Rohtang Pass Glacier and en route to Rohtang Pass without any
exception.
246
(iii) Degradation of environment in area of Manali and Rohtang Pass – De forestation,

soil erosion, uncontrolled industrial and human waste, excessive tourism, etc.

(i) State Government shall immediate take effective measures on top priority for
reforestation of the area of Kothi, Gulaba and Marhi. In first three months the areas
for reforestation should identified by using latest remote sensing data coupled with
ground verification by the Forest Department.
(ii) State Forest Authorities may consider appropriate species of plant for forestation
but recommended for height upto 1000 meter such as coniferous species of chill,
broad leave species of Siries, Tun, Behul, Shisham, Ritha, Tut, Behera, etc. at a
height of 1000-2000 meters coniferous species of Kail, Devdar, Chill and broad
leave species of poplar, willow, ohi, rubinia, drek, toon, behmi, chulli, walnut,
khirik and oak. Height raising to 2000-3000 meters coniferous species of devdar,
kail, fir, spruce, taxus and broad leave species of maple, ash, bhojpatra, oak, horse
chestnut, alder, robinia, poplar, walnut may be planted.
(iii) At the height of 2000 meters and above for plantation fairly tall Seedlings may
provide with appropriate design canopy over the saplings in the first 2-3 years and
looked after in nurseries at appropriate heights. After plantation appropriately
maintain and looked after atleast a period of 10 years. The plantation programme
must include atleast 50% broad leave species and joint forest management
programme should be promoted by involving the local villagers by planting high
conservation value medicinal plants like atish, kutki, kuth etc.
(iv) State Government take all precautionary measures and provide a scientific scheme
for forecasting, controlling and preventing the forest fires. All forestry programmes
must be prescribed by soil and moisture conservation works including bio-
engineering measures in the steep hills.
(v) State Government shall provide due regulatory mechanism in this regard without
any further delay and shall notify and implement the same in all parts. Preparing
and declaring a working plan by the Government is the sine qua non of scientific
forestry and also shall it be prepared and declared.
GENERAL DIRECTIONS GIVEN BY TRIBUNAL :

(i) Every truck, bus and vehicle of any kind which passes through the rout ahead of
Vashishta and Rohtang Pass shall be liable to pay a sum of Rs.100/- for heavy vehicle
247
and Rs.50/- for light vehicle. The passengers travelling through the CNG or electric
buses as tourist shall pay a sum of Rs.20/- per head which shall form part of ticket.
(ii) The funds so collected shall be kept under the existing head of “Green Tax Fund” by
State Government and shall exclusively use for development of area from Vashishta
to Rohtang Pass and five kilometers ahead of Rohtang Pass. This amount shall also
use for prevention and control of pollution, development of ecologically friendly
market at Marhi, for restoring vegetative cover and afforestation. BRO / Army
vehicles would be exempted from paying the Green Tax. The GREF i.e. BRO
directed to ensure that the road remains in a very good motorable condition round
the year.
(iii) State Department of Tourism shall immediately take stapes for collection and
disposal of MSW on the entire rout from Vashishta to Rohtang Pass.
(iv) State Government shall provide all requisite funds for commencement and progress
of the various projects under these directions on top priority basis. All authorities,
municipalities of the State and all private organizations directed to fully cooperate,
coordinate and ensure that these directions are complied with without default or
demur.
(v) A monitoring committee constituted consisting of Secretary, Environment, State
Government of HP; Conservator of Forest, concerned of Kullu Division; Director
(Tourism), State Government of HP; Environmental Engineer, HPCB and
eminent environmentalist from GB Pant Institute of Himalayan Environment and
Development Kosi-Katarmal-Almora. Monitoring committee shall submit
quarterly report to NGT.
(vi) An extra effort should be made by State Government for ensuring prevention and
control of forest fires particularly in the Himalayan Region as they are the direct
source of deposition of black Carbon and suspended particulate matter on the
glacier. GB Pant Institute, Almora after expiry of six months from the date of order
shall conduct a study of the glacier of Rohtang Pass in all respect and submit a report
to Tribunal. The report shall specifically deals with comparative analysis of vehicular
pollution, pre and post order.
(vii) The concerned authorities if of the view that in the interest of healthy tourism if
horses should be permitted at Rohtang Pass then permit holders horsemen may be
permitted. The permit will be issued by representative of committee concerned and
DC, Kullu. The condition of permit should clearly states that horse dung be
removed / lifted instantaneously and stored appropriately in specific provided bins.
In default permit issued shall be liable to be cancelled in accordance with law. MSW
and such other waste shall be responsibilities of the staff appointed at Rohtang Pass.
248
14
M. P. PATIL V. UNION OF INDIA
FACTS :
The project proponent, the National Thermal Power Corporation Limited proposed to set-
up power project at Kudgi Super Thermal Power Project near Village Kudgi in Bijapur
District, Karnataka. Ministry of Environment and Forests, Govt. of India granted
Environmental Clearance vide order dated 25.01.2012. Appellant challenged the said
impugned environmental clearance order.

1. Whether any misrepresentation has been made by the NTPC in regard to the nature and
categorization of the land required for the purpose of project?
Held that from the documentary evidence consisting of government documentation and
perusal of the satellite imagery appended by EIA consultant in the report. The NTPC misled
the EAC. MoEF was informed about 3,000 acres of land being barren and rocky and partly
agriculture with single crop at the stage of Term of Reference (TOR). However, as per public
hearing land situated in a place well known for betel leaf crop apart from other crops of
onion, grapes, banana and other agriculture products also grown.
Held that report given by NTPC suppressed the factual position regarding type and nature
of land to be acquired. The land was not mostly barren and rocky as informed by NTPC.
There appears to be improper disclosure of facts on the part of the NTPC which remained
unverified even till the stage of issuance of the environmental clearance. NTPC clearly
misled MoEF.
2. Whether project proponent violated the TOR condition with regard to rehabilitation and
resettlement plan?
The TOR given by MoEF required for preparation of rehabilitation and resettlement plan,
which was an integral part of DEIAR, which in turn, was the basis for organizing public
hearing, as required under EIA Notification. But the DEIAR did not contain a detailed R &
R Plan at the time of the public hearing, and as such, it amounts to non-compliance of TOR.
Even the EAC while considering the project has noted that R & R Plan is too general but the
EAC recommended the project for environmental clearance and in fact R & R Plan was
submitted to MoEF only a few months (5 to 6 months) after the environmental clearance
was granted to the project. Held that public did not know whose land was being acquired for
said project. Hence there was no comprehensive policy of R & R. It is therefore, evident that
NTPC did not submit the R & R Plan as was required before EAC / MoEF at the time of
14
2014 (I) NGT Reporter Delhi 113
249
appraisal of project and rather it was submitted about 5-6 months after the environmental
clearance accorded by MoEF which is clearly in violation of TOR condition.
3. Whether project falls within the ambit of “sustainable development” & Whether doctrine
of proportionality or balancing principle is attracted?
The proposed project at Village Kudgi in District Bijapur, Karnataka. Village having very
low per capita income and there is no large industrial or commercial activity. The livelihood
of villagers mostly dependent on agriculture as about 74% of land in District under
cultivation. Only 0.19% under forest. NTPC has already spent considerable amount in
acquiring land and Rs.134 Crores allocated for R & R. Held that NTPC is public
undertaking. Ecological sensitivity is not a serious cause for not allowing setting-up of plant.
Environmental interest can be protected by taking stringent measures. The establishment of
the Thermal Power Plant at Kudgi would squarely satisfy the requisite of the doctrine of
proportionality or the balancing
principles. Establishment and operation of such a big project is likely to improve economy of
area. Hence, the project falls within the ambit of “sustainable development” as permissible
under law.
4. Whether public hearing conducted in accordance with law?
Public hearing / public consultation is one of the significant requirement which the
authority concerned are required to satisfy before an environmental clearance could be
issued in accordance with law. The purpose is to provide due opportunity to the project
affected or the project displaced person to put up their grievances in anticipation of the
project being established at the site in question.
Public hearing conducted. Number of objections raised. No proper R & R Plan available at
that time. Several objections raised by public not answer. Several issues not dealt with in
terms of TOR. R & R Plan not placed before authorities at the time of consideration and
even grant of environmental clearance. Held that there is clear mis-appreciation of EIA
Scheme. Objectors are not to prove their objections. It is for EAC to examine the pros and
cons. Hence, order granted environmental clearance dated 25.01.2012 remanded back to
MoEF for fresh decision. Till then orders be kept in abeyance.

Thus, while partially allowing this main application, we pass the following order & directions for
their strict compliance by all concerned in the given facts and circumstances:
(a) The order dated 25th January, 2012 is hereby remanded to the
MoEF to pass an order granting or declining environmental
250
clearance to the project proponent afresh in accordance with

law and this judgment. Till then, the said order shall be kept in abeyance.
(b) MoEF, in turn, shall refer the matter to EAC for its re-scrutiny and imposition of
such conditions, as the expert body may deem fit and proper, inter-alia but
primarily, in relation to R & R scheme, effects of improper disclosure in relation to
nature and categorization of the land in question, providing of AAQ monitoring
stations keeping in view the downward wind direction to ensure continuous
adherence to the prescribed standards of emission and providing of early warning
system near the human settlements.
(c) The EAC shall make its recommendations on all relevant matters of the proposed
project, as it may consider necessary, whether or not specifically covered under this
judgment.
(d) Furthermore, EAC shall be well within its jurisdiction to recommend imposition of
compensation or any other sum payable for causing environmental degradation,
and / or for improper disclosure of facts in its application and non-compliance of
the terms and conditions of the TOR, the EC, including non-timely furnishing of R
& R scheme by the NTPC.
The authorities concerned, while considering the conditions to be imposed in
relation to R & R Scheme, shall include all project-affected persons in the R & R
scheme, irrespective of the fact whether they have already received compensation or
not, wholly or in part, or are still to be paid compensation for acquisition of their
land, including the persons otherwise displaced.
(e) The EAC shall visit the site in question, give public notice and hear the project-
affected or displaced persons individually or in a representative capacity and then
proceed to record its findings.
(f ) The EAC may impose such additional conditions to the order
dated 25th January, 2012, as it may deem fit and proper, unless
the EAC comes to the conclusion that the project ought not to be granted EC.
(g) The additional conditions shall be imposed in relation to environmental
protection, providing of such anti-pollution devices, as may be necessary and
particularly for complying with the R&R scheme so formulated, in terms of this
order.
(h) The entire above process shall be completed by the EAC within six months from the
date of passing of this order.
(i) During this period or till fresh order is passed by the MoEF, whichever is earlier, the
project proponent shall maintain status quo as of today in relation to the project in
question.
251
(j) The application is disposed of with the above directions. However, in the facts and
circumstances of the case, we leave the parties to bear their own costs.
15
SAVE MON REGION FEDERATION V. UNION OF INDIA AND OTHERS
FACTS :
Applicant, an organization based in Tawang - consisting of citizens of Monpa indigenous
community - advocate environmentally and culturally sensitive development in ecologically
and geologically fragile, seismically active and culturally sensitive Mon – Tawang region of
the State. An application filed by applicant challenging environmental clearance granted by
Ministry of Environment and Forests (for short 'MoEF') for construction of 780 Mega
Watts Naymjang Chhu Hydroelectric Project in Tawang District of Arunachal Pradesh.
Stand of MoEF - minutes of Expert Appraisal Committee (EAC) for River Value and Hydro
Electric Power (HEP) Projects displayed on Ministry's website in a timely manner on 22nd
May, 2012 - NJC Hydro Power Limited (Respondent No. 3) published relevant
st
information in newspaper on 1 May, 2012. Appeal not filed within 30 days - project
proponent had complied with conditions by following due process of law.
ISSUES AND DECISIONS :

1. Meaning of “communication” according to Section 16, National Green Tribunal Act,
2010
'Communication of the order expression used under Section 16 of the NGT Act would
mean and must construed as meaning the date on which the factum and content both, of the
environmental clearance order are need available in the public domain and are easily
accessible by a common person. The intention of the legislature is not to make it available in
personam but in rem.
2. Section 16 Environmental Clearance Regulation 10, 2006 – Commencement of Period of
Limitation
The period of limitation is to be reckoned and computed from the date, when impugned
order is put on website so as to be downloaded without hindrances or from the day it is put
on public notice board. Mere knowledge or deemed knowledge of order cannot be the basis
for computing the period of limitation.
15
ALL (1) NGT PB(1)(1), 2013 (1)
252
3. Section 16 of National Green Tribunal Act proviso and Section 5 Limitation Act, 1963
Limitation to file appeal is 30 days, Tribunal empowered to entertain appeal beyond 30 days
but beyond 30 days on sufficient cause shown. Tribunal held that it is difficult to stay any
hard and fast rule or principle of universal application, but it has to be construed liberally.
4. Section 16 Proviso – Environment, clearance, regulation, 2006, regulation-10 limitation
– condonation of delay
According to facts stated orders of environmental clearance were not available on website of
MoEF. Orders uploaded on 08.06.2012. Appeal filed on 17.07.2012. There is delay of 8
days or 26 days both falls under prescribed period of 60 days and are condonable by Tribunal
since sufficient causes shown.
DIRECTIONS GIVEN BY TRIBUNAL

(i) MoEF shall within 7 days from the passing of the order of environment clearance
upload on its website and made accessible and down it loadable. It remain uploaded
for atleast 90 days.
(ii) MoEF shall maintain a public notice board in its premises including its regional
offices and display order of environmental clearance for a period of 30 days.
(iii) Orders communicated and displayed shall complete and proper records shall be
maintained in normal course of its business.
(iv) The project proponent in terms of regulation 19 (1A) shall publish factum of
environmental clearance alongwith environmental condition and safeguard at its
own cost in two local newspapers of the District or State where the project is located,
in addition shall display on website permanently. It shall be in the name of the
company, unit or industry and not in the name of its parent or subsidiary company
or sister concern. Also shall submit copies to the heads of local bodies, panchayat
and municipal bodies of that district.
(v) The project proponent shall also submit copy of environmental clearance to
concerned department or the government department which in turn display on its
website for a period of 30 days as well as on public notice board.
(vi) MoEF shall ensure that its website is always in working order and positively
accessible to public at large to enable any person to download the requisite
information instantaneously.
(vii) The period of limitation shall reckon as contemplated under Section 16 of the Act.
Communicating the order in other word shall mean putting the order in the public
domain in its complete form and as per the mode required under the provision of
253
NGT Act of the Regulation 2006. Where different acts by different stockholders are
complied with at different dates, the earliest dates on which complete
communication is carried out, shall be the date of reckoning of limitation.
16
KEHAR SINGH V. STATE OF HARYANA
FACTS :
Applicant claims to be owner in possession of the fertile agriculture land comprised in
Hadbast No. 386, Kahwat No. 1, Khasra Nos. 300, 301, 302, 303, 307 & 308 in Village
Narkatari, Tehsil Thanesar, District Kurukshetra, Haryana - State of Haryana proposing to
set-up an STP in Khasra No. 200 to 222 across the 40 ft. road from applicant's land -
proposed STP located at a distance of only 35 mtrs. From the residential colony - Old
Hanuman Mandir of immense religious and cultural significance for entire locality situated
adjacent to applicant's land - STP besides causing serious environmental issues also hurting
religious sentiments - site in direct contravention of Environmental Clearance Notification,
2006 and also in contravention of law laid down by the Supreme Court in case Karnataka
Industrial Area Development Board V. C. Kenchappa (2006) 6 SCC 371.

1. Whether the application filed by the applicant is barred by time and whether the Tribunal
has any jurisdiction to condone the said delay?
(i) Section 14 (3) National Green Tribunal Act, 2010 deals with the period of
limitation. The application for adjudication of the dispute under Section 14 as to be
filed before the Tribunal within a period of six months from the date of which the
cause of action for such dispute first arose. However, this sub-section contains a
proviso which empowers the Tribunal to entertain an application beyond the period
of six months but not exceeding a further period of 60 days provided the applicant is
able to show that he was prevented by sufficient cause for filing application within
the prescribed period of six months.
(ii) The NGT Act provides that the cause of action must have a nexus and relates to the
issue of environment / substantial question relating to environment for any such
proceeding, to trigger the prescribed period of limitation under Section 14 (3) of
NGT Act.
16
2013 ALL (1) NGT Reporter Delhi 556
254
(iii) The Notification under Section 4 of Land Acquisition Land of acquisition of land
to set-up an STP had been issued by the competent authority on 10.01.2010 and
was published in the newspaper on 14/15.01.2010. Thereafter the news item was
published on 19.05.2013 and 20.05.2013 declaring that the path of installation of
STP outside the city had been finally cleared and plan shall be set-up soon and
would become a reality. The establishment of STP at the site in question or the
substituted khasra numbers came to public light and became a contentious issue
between the government and the public at large raising health and environmental
issues in the year 2013.
(iv) The limitation as to be computed from the date when there was a firm decision by
the government or other authority concerned to establish the STP at the site in
question and it was so publically declared and the date for the same being 19/20
May, 2013 and the applicant having filed the petition within a few days, the
question of application being time barred does not arise.
(v) The Tribunal has jurisdiction to condone the delay under Section 14 (3) of NGT
Act beyond the prescribed period of six months but restricted to 60 days on showing
sufficient cause. The application of the applicant is not barred by limitation, the
cause of action relating to specific environmental issue for the first time triggered on
19/20 May, 2013 and present application is filed on 24.05.2013.
2. Whether it is mandatory for a project proponent to obtain environmental clearance prior
to the establishment of STP?
(i) The record does not show that the STP in question is so established as to treat
exclusively sewage and nothing else. On the contrary the sketch filed by Statement
Government shows that the sewage is a carried by an open drain and would be so
carried out the site of STP (for treatment). It is just by the side of a metal road and
travel through the abadi and the sludge is a carried through an open drain from the
entire city. Thus such an STP would even fall under the entry 7 (h) because this plan
would be treated the effluents in the semi-solid form and even sludge and would
contain more than 10% of industrial for other contaminated effluents which are
required to be treated by CETP and the capability of the STP require scientific and
appropriate scrutiny from an expert body before it can be permitted to become
operational. It would cover combine based water treatment plan i.e. CETP
expecting sewage alongwith industrial effluents. It would be necessary for such
projects to get environmental clearance at the threshold.
(ii) The State Government is directed to seek environmental clearance from STIAA at
the earliest and in any case not later than one month from the date of order.
255
FULL HOUSE MEETINGS

(a) The First Full House Meeting was held under the Chairmanship of Hon'ble
th th
Mr. Justice Swatanter Kumar on Friday, the 4 January, 2013 and on Saturday, the 5
January, 2013 at 10.00 am in the Conference Hall, 1, Vigyan Bhawan, Sector 5, R.K.
Puram, New Delhi – 110022.
(b) The Second Full House Meeting was held under the Chairmanship of Hon'ble Mr. Justice
th
Swatanter Kumar on Saturday, the 6 April, 2013 at 4.30 PM at Conference Hall, NGT
Bench, Central Zone, State Information Commission Building, Arera Hills, Bhopal,
Madhya Pradesh.
(c) The Third Full House Meeting was held under the Chairmanship of Hon'ble
th
Mr. Justice Swatanter Kumar on Saturday, the 24 August, 2013 at 2.30 PM at the Western
Zone Bench, New Administrative Building, First Floor, B Wing, Opposite Council Hall,
Pune-411001.
(d) The Fourth Full House Meeting was held under the Chairmanship of Hon'ble Mr. Justice
Swatanter Kumar on Friday, the 18th October, 2013 at 6.00 PM at the National Green
Tribunal, Principal Bench, Faridkot House, Copernicus Marg, New Delhi-110001.
(e) The Fifth Full House Meeting was held under the Chairmanship of Hon'ble
Mr. Justice Swatanter Kumar on Saturday, the 08thMarch, 2014 at 11.00 AM at the National
Green Tribunal Principal Bench, Faridkot House, Copernicus Marg, New Delhi-110001.
VISIT OF DIGNITARIES, STUDENTS AND OTHERS

On 14th March, 2014, Hon'ble Mr. Justice Recardo Lorenzethi, Chief Justice, Argentina
along with spouse paid visit to National Green Tribunal, Principal Bench, New Delhi and had an
interaction session with the Hon'ble Chairperson and Hon'ble Expert Members of the Principal
Bench and Zonal Benches through video conferences.
On 14th March, 2014, a group of students of Kashmir University alongwith Dr. Yasir,
Assistant Professor, Kashmir University visited National Green Tribunal, Principal Bench at New
Delhi and watched Tribunal proceedings.
On 5th March, 2014, a group of 30 students AND 2 Faculty Members of GH Raisoni Law
College, Nagpur University alongwith Ms. Shilpa Sharma, Lecturer visited National Green
Tribunal, Principal Bench at New Delhi and watched Tribunal proceedings.
256
PARTICIPATION IN INTERNATIONAL CONFERENCES

Hon'ble Justice Swatanter Kumar, Chairperson, National Green Tribunal, Principal Bench,
New Delhi participated at 11th IUCN Academy of Environmental Law, Colloquium from 24th June,
th
2013 to 28 June, 2013at New Zealandand presented paper on the topic of “Access to
Environmental Justice in India and Indian Constitution”.
Hon'ble Justice Swatanter Kumar, Chairperson, National Green Tribunal, Principal Bench,
New Delhi presented inaugural address at International Conference on Mitigation of Climate
Change :Law, Policy and Governance, Campus Law Centre, University of Delhi, New Delhi from
th th
25 to 27 April, 2014.
Hon'ble Dr. G. K. Pandey, Expert Member, National Green Tribunal, Principal Bench, New
Delhi participated on “World Congress on Justice, Governance and Law for Environmental
Sustainability”Rio de Janeiro from 17th to 20th June, 2012.
Hon'ble Dr. G. K. Pandey, Expert Member, National Green Tribunal, Principal Bench, New
Delhi participatedat 1st Asia and Pacific International Colloquium on“Environmental Rule of Law,
Defining a New Future for Environmental Justice, Governance and Law” at Putrajaya, Malaysia
from 11th to 12th December, 2013.
AWARENESS PROGRAMME
th
On 24 January, 2014, Hon'ble Mr. Justice M.S., Nambiar, Judicial Member and Hon'ble
Shri Ranjan Chatterjee, Expert Member, National Green Tribunal, Principal Bench conducted
Awareness Programme at Circuit Bench, Shilong, Meghalaya
SITE INSPECTIONS
Pursuant to the orders passed by the National Green Tribunals, Hon'ble Members of the
NGT have conducted the following inspections to address environmental issues:
29th March, 2014
(i) Shimbholi Sugar Mills at Shimbholi, UP.
(ii) Gopalji Milk Food Pvt. Ltd. at Siyana. UP.
THE WAY FORWARD

National Green Tribunalis expending its activities with every passing day and is making its
presence felt in the legal galaxy in the sphere of environmental law. It is contributing to develop an
environmental jurisprudence.It has opened doors to access environmental justice in India. This
could be achieved in short span of time because dynamic and multi-dimensional guidance of the
257
Chairperson whose untiring efforts are motivating each stockholder concerning with the
environmental protection and adjudication. There are many expectations from it and as a team
member I am certain it would flag many a milestones under the able guidance of our Chairperson,
Hon'ble Justice Swatanter Kumar.
However, National Green Tribunal is still to answer / meet many expectation of the citizens.
258
Faridkot House, Copernicus Marg, New Delhi

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NATIONAL GREEN TRIBUNAL

National Green Tribunal

NATIONAL GREEN TRIBUNAL ©

National Green Tribunal

National Green Tribunal

Ms. Sheetal Sharma

Guide for Authors

(M. Hamid Ansari)

11, Moti Lal Nehru Marg,

I am happy to learn that NGT proposes to release “International Environment Journal”

Justice Swatanter Kumar Off. : Faridkot House,

20th April, 2014

ABOUT THE JOURNAL AND THE NGT

NGT is proud to publish the International Journal on Environment with comprehensive

demonstrates the legislative intent and concern in relation to matters of environment.

settling questions and disputes, where a substantial question relating to an environment is

multifarious subjects to accomplish idea of environmental jurisprudence. National Green

has evolved itself as a Tribunal of National and International importance.

their contribution to this international journal.

(Justice Swatanter Kumar)

Hon'ble Mr. Justice P. Jyothimani Hon'ble Dr. R.C. Trivedi

Ms. Sheetal Sharma

Justice Dr. P. Jyothimani NATIONAL GREEN TRIBUNAL

29th April, 2014

From the Editor's desk:

It is my profound pleasure to share some of my thoughts on behalf of the Editorial Board

“Legislation for giving effect to international agreements :-

Notwithstanding anything in the foregoing provisions of this

We would continue to exchange our views in due course of time.

Justice Dr. P. Jyothimani

Dr. R.C. Trivedi NATIONAL GREEN TRIBUNAL

interrelationships of an entire ecosystem in decision making rather than simply responding to

With kind regards,

Sheetal Sharma NATIONAL GREEN TRIBUNAL

SPEECH OF HON'BLE VICE PRESIDENT

OF NATIONAL GREEN TRIBUNAL IN 2010

Environment and socio-economic development are so intricately linked that development

cannot be sustainable without considering its environmental dimensions. Similarly, it is now

SPEECH OF THE HON'BLE CHAIRPERSON

NATIONAL GREEN TRIBUNAL

Distinguished dignitaries on and off the dais, Ladies and Gentlemen,

Thank you all.

• Groundwater pollution in India & Regulatory Framework 135

LECTURE BY HON'BLE CHAIRPERSON ON ENVIRONMENT 165

REPORT OF NGT 227

PRIVATE CLAIMS FOR A GLOBAL CLIMATE : AN ESSAY ON U.S. AND

[6] the potentiality of embarrassment from multifarious pronouncements by various

· A willingness of the Indian courts to order the executive branch to undertake

· An allowance of representation by proxy, where a person with "sufﬁcient interest"

gas emissions by large numbers of parties or by signiﬁcant industrial facilities on a long-running

ENVIRONMENT, RULE OF LAW AND EMERGING PRINCIPLES

CLEANING UP DIESEL EXHAUST IMPROVES

NATIONAL GREEN TRIBUNAL OF INDIA

“(5) All proceedings before the Tribunal shall be deemed To be the

procedure, requiring working knowledge of law, engineering,

((2002) 8 Supreme Court Cases 715

APPLICATION OF ECONOMIC PRINCIPLES TO

Resource Production and consumption of Resource/consumption Demand

Khanna N (2000): Measuring environmental quality: an index of pollution: Ecological

INDUSTRIAL ECOLOGY – A NATURE DRIVEN TOOL

4 ELEMENTS OF INDUSTRIAL ECOLOGY

Figure 1. Industrial Ecology success in Kalundborg, Denmark

4.2 Materials and Energy ﬂows and transformation