Environmental Law

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4-Mandate: Course Handout

 Each faculty must prepare course handout for each course that he/she is allotted to
teach 15 days before the start of the semester.

 Course handout will be submitted to programme chair and it must be uploaded in


LMS and ERP 10 days before the start of the semester.

 Course handout will contain (A template for course handout is given in Appendix
4.1).

1. Course details

2. Vision

3. Mission of department

4. Programme educational objectives

5. Programme outcomes

6. Programme specific outcomes

7. Course outcomes

8. Evaluation scheme

9. List of teaching-learning pedagogy such as chalk/talk, flipped classes, or field


trips for each session.

10. Open hour for students

11. Link address for course materials

12. Additional information

13. Detail academic calendar of lecture topics (date, topic, learning outcomes of
each topic, related unit of topic, total number of lecture in a unit and
book/chapter to be read for the topic) (format is provided with example
data).

14. Entire syllabus (Appendix 4.2)

15. List of e-books

16. List of NPTEL,MOOC,SWAYAM Courses/Videos

17. List of content beyond syllabus as per session plan

18. List of mini-projects/projects

19. Students’ Presentation

20. List of technical trainings

21. Additional information


4-Mandate: Course Handout

 PCs of the school must prepare the status of course handout and submission by
faculty members and it will be submitted to IQAC after signature of Dean two days
before the start of semester in template given in Appendix 4.3.

Appendix 4.1

Course Handout
Course details
Faculty name Kalrav Krishna Tripathi
Programme BA LLB, BBA LLB, LL.B
1 Semester VI
Section Section A and Section B
Course code BAL/BBL 3021, LLB 3022
Course title Environmental Law
Vision of the Department of School of Law
2 To be globally recognised for Pragmatic Hands-on Experiential Legal Education,
emphasizing on Research, Innovation and Value Based Education. 
Mission of the Department of School of Law
1. Establish State -of-art facilities for world class legal education
and research.
2. Make students industry ready, such that they are grounded
with legal knowledge and equipped with skills required for the
3 legal profession.
3. Develop Students' critical analytical and legal reasoning skills
through students' centric approach and innovative pedagogy. 
4. Prepare ethical professionals, emphasizing on Justice
Education. 

Programme educational objectives (PEOs)


PEO1 Ensuring inculcation of advocacy skills.

PEO2 Students will have Oral and Written Communication skills.


4 PEO3 Preparing them to be ethical and legal professionals who will be
socially responsible while meeting their own career goals.
PEO4 Will be industry-ready with strong legal research and problem solving
skills.

5 Programme outcomes
PO1 Students will possess the knowledge and understanding of legal
theory, Substantive and Procedural laws. (K1 & K2)
PO2 Students will demonstrate proficiency in critical analysis and legal
reasoning. (K2, K4 & K6)
PO3 Students will develop proficiency in legal research (K4)
PO4 Students will demonstrate proficiency in written and oral
communication (K2 & K3)
4-Mandate: Course Handout

PO5 Students will develop skills to give opinions on legal issues. (K4 &
K6)
PO6 Students will gain familiarity with the rules of professional ethics
towards clients. (K2)
PO7 Students will develop the professional skills of counselling and
negotiation needed. (K6)
Programme specifics outcome(PSO) (if any)
PSO1 Develop research aptitude using doctrinal and non-doctrinal research.
PSO2 Inculcate argumentative skills through presentations, student seminars,
6 mock trials and moot courts.
PSO3 Integrate research with theoretical aspects of the subjects by practical and
drafting skills.
PSO4 Develop social and ethical values required to make a budding lawyer
responsible in their career.
Course outcomes (COs)& Mapping of COs and POs
CO1 Recognize and apply various environmental laws, nationally and
internationally.(PO1,PO2,PO3)
CO2 Develop a conceptual understanding of the environmental concern,
world over.(PO1,PO2)
7 CO3 Estimate the changing positions of world with respect to tackling the
threat posed by environmental degradation.(PO4,PO5)
CO4 Create the skills needed for interpreting laws, policies and judicial
decisions.(PO6,PO7)
CO5 Evaluate, analyze and assess the environmental laws and its practical
application.(PO5,PO7)
CO6 Understand and develop the interlinking capability while dealing
Penal as well as Procedural aspects of the cases.
Evaluation Duration Marks Date Nature of Evaluation
Component (40) &Time Component Component
26th Feb.-
CAT-1 90 mins 10 2ndMarch Closed Book CAT-1
2021
11,12,15,
CAT-2 90 mins 10 16,18 Closed Book CAT-2
8 April,2021
Project 23rd Internal
- 10 -
Submission Feb.2021 Component
nd
2 and
Project Internal
10 mins 10 3rdApril Open Book
Presentation Component
2021

- -
9 List of teaching –learning pedagogy
 Chalk & Talk Method
 Power -Point Presentation (PPT)
 Flip – Class
 Case-Study Method
 Presentation
 Moot Court
10 Open hour for students
4-Mandate: Course Handout

Thursday- 4:00 to 5:00 PM.


11 Link address for course materials
https://www.scribd.com/document/380362718/Environmental-Law-eBook-Lecture-
Notes-PDF-Download-Studynama-com-India-s-Biggest-Website-for-Law-Study-
Material-Downloads

12 Recommended list of e-books.


 Indian Environmental Law Kindle Edition by Chetan Jadhav 
 Environmental Law in India Paperback – 26 Jul 2016 by P. Leelakrishnan

13 Recommended list of online courses


SWAYYAM – lecture by Dr.Bharti Kumar, Associate Professor at NLU, Delhi.
14 Recommended list of mini projects / projects/ technical training etc.

 Environmental Protection and Indian Constitutional Law.

 Environmental Protection and Law of Torts.

 National Environment Policy-A Critical Analysis4.

 Role of Judiciary in Environmental Protection.

 Sustainable Development: Meaning and Scope.

 Polluter Pays Principle: A Comparative Analysis between India and US.

 Precautionary Principle: An Indian Assessment.

 Public Trust Doctrine.

 Agenda 21.

 The Relevance of the Doctrine of Intergenerational Equity.

 Environment Impact Assessment in India-A critique.

 M C Mehta and the development of Environmental Jurisprudence in India.

 Wildlife Protection Law in India -An Overview.

 Forest Law in India-A Critical Analysis.

 Godavarman Cases- A critical analysis.

 Clean Development Mechanism under the Kyoto Protocol.

 Law relating to Water.

 Ground water regulation in India.

 Natural Heritage Conservation in India.


4-Mandate: Course Handout

 United Nations Environmental Program (UNEP)-A Critical Assessment.

 National Green Tribunal.

 River Conservation in India

15 Students’ Presentation

16 List of e-books
17 List of NPTEL/MOOCS/SWAYAM/Courses/Video

18 Content beyond Syllabus


19 List of mini projects/projects

12 Detail academic calendar of lecture topics


Reference
Relate Total Chap./Sec.
d Unit lectur (Book)
Lectur
Date Topics to be covered Learning outcomes of each topic of e in (T1 means test book
e No.
syllab the in serial 1 and so on
R1 means reference
us Unit book in serial no 1
and so on)
Module I-History and Clarity about concept of environment.
Development of Environmental Factors responsible for environment
Jurisprudence degradation
JANUARY
1
30/01/2021
- Meaning and definition of
Environment.
-Concept of Environmental
degradation.
Kinds of pollution
2 31/01/2021
Kinds of Environmental Pollution.
Causes of pollution
FEBRUARY Unit -1 12 T1-Chapter 1
3
01/2/2021
Causes of Environmental Pollution
Concept of Ozone depletion
4 02/2/2021 Impact of Ozone Depletion on
environment
Concept of Global Warming
5 05/2/2021 Effects of Global Warming(climate
change)
Necessity of Environment
Need for the preservation, Conservation
6 06/02/2021 conservation and protection of
environment
The Role of Indian Judiciary in Judicial Activism
7 07/02/2021
Protection of Environment in India
08/02/21 to CAT I
CAT I CAT I CAT I
12/02/21 CAT I
8 08/02/2021 -constitutional provision on Indian Laws
4-Mandate: Course Handout

environment protection
-Immunity of Environment
legislation from judicial
scrutiny(Art.31C)
Environment Protection through Public Awareness
9 09/02/2021
Public Interest Litigation
Common Law remedies against Indian Laws
10 12/02/2021
pollution
Law of Crimes for Environment Indian Laws
11 13/02/2021
Protection.
-Remedies under specific relief act -Indian Laws
12 14/02/2021 - Principle of Environment- -Environmental Principles
Sustainable Development ,
Precautionary Principle, Polluter Environmental Principles
13 15/02/2021
paysPrinciple,PublicTrustDoctrine
Module-II Prevention and Concept of Water and Air Act
Control of Water and Air
14 16/02/2021 Pollution- Salient Features of it. Unit-2 7 T1-Chapter 3
-Object of this Act.

Constitution of Central and State Constitution


15 19/02/2021
Pollution Control Boards
Water pollution control areas and Water pollution control areas
citizen suit provision under Water
16 20/02/2021
(Prevention and Control of
Pollution Act 1974)
Salient Features of Air(Prevention Legal Provisions
17 21/02/2021 and Control of Pollution) Act, 1981 T1-Chapter4

Air pollution control areas under Air pollution control areas


the Air (Prevention and Control of
22/02/2021
18 Pollution) Act, 1981

- Penalties for Penal Provisions & Citizen Suit


contravention of Provision
provisions of the
Water(Prevention and
Control of Pollution
Act)
1974andAir(Prevention
19 23/02/2021 and Control of
Pollution) Act, 1981
- Provision of citizen suits
under Air(Prevention
and Control of
Pollution) Act, 1981

Module III-Protection of Forests Kinds of Forest


MARCH
20
05/3/2021
and Wild Life - Kinds of forest as Unit-3 6 T1-Chapter-13
per the Indian Forest Act, 1927
Salient features of the Forest Legal Provisions
21 06/3/2021
(Conservation) Act, 1980
4-Mandate: Course Handout

Salient features of the Wild Life Legal provisions


22 07/3/2021 (Protection) Act, 1972 T1-Chapter 11

Judicial Response to Wild life Case Laws


23 08/3/2021
Protection.
Prohibition of Trade and Prohibition provisions
24 09/3/2021
Commerce in Wild Animals
Offences under Wildlife Protection Offences under Act
25 12/3/2021
Act 1972
Module IV-General Concept of Bio Medical Waste.
Environmental Legislation’s-
Definitions under Environment
26 13/3/2021 Unit-4 7 T1-Chapter 10
(Protection) Act 1986.
-Regulation of Bio Medical Waste.

27 14/3/2021 Salient features of this Act of 1986 Legal provisions


Judicial approach for environment Case Laws
28 15/3/2021
protection
29 16/3/2021 Citizen suit provision Legal provisions
National Environment Appellate Legal provisions
30 22/3/2021
Authority Act
31 23/3/2021 Rule of strict liability Strict Liability Rule
Public Liability Insurance Act,1991 Legal Provisions
32 26/3/2021
Module V -Monitoring Policy Legal Provisions
and Public Participation
33 27/3/2021 Unit- 5 6 T1-Chapter 16
-National Green Tribunal
Amendment Rules,2013
34 28/3/2021 National green tribunal Concept of NGT
Liability of Multinational Liability
35 29/3/2021
Corporations/companies
Public participation in Public Awareness
36 30/3/2021
Environmental decision making
APRIL Rule
37
02/4/2021 State Liability
38 03/4/2021 Case Laws decided by NGT Cases
Module VI -International International Conventions
Environmental Conventions-
39 04/4/2021 Unit - 6 10
International environmental
conventions
40 05/4/2021 Kyoto Protocol Legal Provisions
Role of UNEP in environment Role of UNEP
41 06/4/2021
protection
7 - 9 Wed - CAT-3 Assessment
Fri CAT-3
42 09/4/2021 Biodiversity Convention International Convention
43 10/4/2021 Rio Declaration International Convention
44 20/4/2021 Agenda 21 International Convention
45 23/4/2021 Related Case Laws Case Laws
46 24/4/2021 Related Case Laws Case Laws
47 25/4/2021 ------Revision------ Clarity
48 26/4/2021 ------Revision------ Clarity
4-Mandate: Course Handout

Catalog Description

The greed of Human being has brought us to an alarming level where sustainability has become a way of life. The course aims to sensitize the students
about the threats to the environment and the remedial measures taken by the countries, especially India, in mitigating the damages done in due course of
development. Law and policy plays a major role in the conservation and management of natural resources as well as pollution control. This course intends
to introduce the students to the vast field of Environmental Law and Policy. The course would be divided into three broad areas. The first part would
cover the basic concepts and principles of Environmental Law. This would include judicial precedents, which now forms an essential part of
environmental jurisprudence. The second part would be divided into specific introductory modules on forests and wild life including bio-diversity related
laws; Air and Water related laws including mega projects and marine laws; and laws relating to hazardous substances. The third part would discuss the
developments at the international level in the field of environmental law. At the end of the course it is expected that the students would be familiar with
the overall Environmental Law and Policy regime of the country as well as its international obligations. It is expected that the case studies would equip
them with basic knowledge and skills to understand environmental law issue

Text Books

1. Dr. S. C. Tripathi, “Environmental Law”,5th Edition, Central Law Agency, Allahabad, 2013
2. N. V, Paranjape, “Environmental Law”,16th Edition, Central Law Publications, Allahabad, 2014
3. Armin Rosencranz and Shyam Divan, “Environmental Law and Policy in India: Cases, Materials and Statutes”, OUP, New Delhi, 2002.

Reference Books

1. P. Leelakrishnan, “Environmental Law in India”, 14th Edition, Central Law Publications, Allahabad, 2012
2. Paras Diwan, Peeyushi Diwan, “Environmental Administration, Law, and Judicial Attitude”, 2nd Edition, Jain Book Agency, New Delhi, 2008
3. Sukanta K Nanda, “Environmental law”3rd Edition, Central Law Publications, Allahabad, 2013
4. Sanjeev K Chadha, “Lectures on Environmental Law”, 1st Edition, Central Law Publications, Allahabad, 2010
5. Indira Devi, S, “Law on Environmental Pollution”. 5th Edition, Sultan Chand & Sons, New Delhi, 2012

Statutes
1. The Water (Prevention and Control of Pollution) Act, 1974
4-Mandate: Course Handout

2. The Air (Prevention and Control of Pollution) Act, 1981


3. The Indian Forest Act, 1927
4. The Forest (Conservation) Act, 1980
5. The Wild Life Protection Act, 1972
6. The Environment (Protection) Act, 1986
7. The Public Liability Insurance Act, 1991
8. The National Environment Tribunal Act, 1995
9. The National Environment Appellate Authority Act, 1997
10. National Green Tribunal Act

Course Content

Module: 1. History and Development of Environmental Jurisprudence 13 lecture hours


 Environment – Meaning and definition,

 Environmental degradation and pollution – Meaning and Issues,

 Kinds, causes and effects of pollution,

 Ozone depletion, Global Warning, Climatic changes,

 Ancient Indian approach to environment , Ecology, Ecosystems-Biosphere-Biomes,

 Need for the preservation, conservation and protection of environment, Environmental degradation and pollution.

 Constitutional Guidelines :-

 Right to Wholesome Environment – Evolution and Application

 Relevant Provisions – Art. 14, 19 (1) (g), 21, 48-A, 51-A(g):- Right to development –
4-Mandate: Course Handout

 Restriction on freedom of trade, profession, occupation for the protection of environment - Immunity of Environment legislation from judicial
scrutiny(Art.31C)

 Environment Protection through Public Interest Litigation - Legislative powers of the Centre and State Government - Writ jurisdiction - Role
of Indian Judiciary in the evolution of environmental jurisprudence.

 Other Laws

 Law of Torts:- Common Law remedies against pollution - trespass, negligence, and theories of Strict Liability & Absolute Liability,

 Remedies under Specific Relief Act-Reliefs against smoke and noise - Noise Pollution

 Law of Crimes:- Relevant provisions of I.P.C. and Cr.P.C. and C.P.C.,

 Environmental Legislations

 International Norms

 Sustainable Development – Meaning and Scope

 Precautionary Principle

 Polluter pays Principle

 Public Trust Doctrine

Case Laws:
 Subhash Kumar v State of Bihar (1991) 1 SCC 598
 Vellore Citizen Welfare forum v Union of India and Others, AIR 1996 SC 2715
 M. C. Mehta v Union of India and Others( three member bench decision), AIR 1992 SC 382
 Intellectuals Forum v State of A. P., AIR 2006 SC 1350
 M. I. Builders Pvt Ltd v Radhey Shyam Sahu, AIR 1999 SC 2468
 S, Nanda Kumar v The Secretary of Govt of Tamil Nadu, 2010 (2) CWC 567 (Mad)
4-Mandate: Course Handout

Module: 2. Prevention and Control of Water and Air Pollution 6 lecture hours
 The Water (Prevention and Control of Pollution) Act, 1974
 Water Pollution - Definition
 Central and State Pollution Control Boards – Constitution, Powers and Functions
 Water Pollution Control Areas
 Consent requirement – Procedure, Grant/Refusal, Withdrawal
 Sample of effluents – Procedure; Restraint order vi. Citizen Suit Provision

 Air (Prevention and Control of Pollution) Act, 1981


 Air Pollution – Definition
 Central and State Pollution Control Boards – Constitution, Powers and functions
 Air Pollution Control Areas
 Consent Requirement – Procedure, Grant/Refusal, Withdrawal
 Sample of effluents – Procedure; Restraint order
 Citizen Suit Provision

Case Laws:
 Indian council for Enviro-Legal Action v UOI (1996) 3 SCC 212
 Medwin Hospitals v State of A.P., ILR (2001) 2 AP 111
 Centre for Urban and Rural Environment v The Ministry of Environment and Forests & Others, ILR (2001) 2 AP 35 (DB)
 T. Rama Krishna Rao v The Chairman, HUDA & Others, ILR (2001) 2 AP 186 (DB)
 Lallan Singh v State of Bihar & Others, AIR 1992 Pat. 86 (DB)
 Shailesh R Shah v State of Gujarat, 2002 (3) XLII (3) GLR 2295 (DB)
 M. C. Mehta v Union of India (Ganga Water case), AIR 1988 SC 1037
 M. C. Mehta v Union of India (Kanpur tanneries Case) AIR 1988 SC 1115
4-Mandate: Course Handout

 M. C. Mehta v Union of India (Badkal Lake case), AIR 1996 SC 1977


 T. N. Godavarman Thirumulpad v Union of India, 2006 (5) SCC 47
 K Muniswami Gowde v State of Karnataka, 1998 (3) Ker L. J. 594
 Mahabir Coke Industry & Another v Pollution Control Board & others, AIR 1998 Gau 10 (DB)
 Maa Santoshi Stone Crusher & Others v State of Orissa and Others, AIR 2009 (NOC) 2093 (DB) (Ori)
 M/s Swami Parmanand Bhatta Companym Bhagpat v Union of India, 2010 (10) ADJ 1364 (DB) All

Module: 3. Protection of Forests and Wild Life 6 lecture hours


 Indian Forest Act, 1927
 Kinds of forest – Private, Reserved, Protected and Village Forests
 The Forest (Conservation) Act, 1980

 The Wild Life (Protection) Act, 1972


 Authorities to be appointed and constituted under the Act
 Hunting of Wild Animals
 Protection of Specified Plants
 Protected Area
 Trade or Commerce in wild animals, animal articles and trophies; Its prohibition

Case Laws:
 State of Tamil Nadu & Others v M/s Kaypee Industrial Chemicals (P) Ltd, 2005 Writ LR 440 (Mad)
 State of H. P. v Halli Devi, AIR 2000 HP 113
 Chief forest Conservator (Wild Life) and Others v Nisan Khan, AIR 2003 SC 1867
 Tilak Bahadur Rai v State of Arunachal Pradesh, 1979 Cri L.J. 1404
 Consumer Education & Research Society v Union of India, AIR 2000 SC 975
 Tahir Ali v State of M.P., AIR 2002 NOC 82 (M.P.)
 T. N. Godavarnam v Union of India, 2006 (5) SCC 47
 Ramanuj Pandey v State of Bihar, 2003 (1) AIHC 523 (Pat.)
 Mahendra Lal v State of U.P., AIR 1963 SC 1019
4-Mandate: Course Handout

 Umadatt v Addittional District Judge , Pipari, AIR 2002 All 276


 Nature Lovers Movement v State of Kerala, AIR 2003 Ker. 18
 Mulla Periyam Environmental Protection Forum v Union of India, 2006 (3) SCC 643

Module:4. General Environmental Legislations 7 lecture hours


 Environmental (Protection) Act, 1986
 Meaning of ‘Environment’, ‘Environment Pollutant’, ‘Environment Pollution’
 Environment Protection Rules, Coastal Zone Regulation, ECO-Mark, Regulation on Bio-Medical Waste
 Powers and Functions of Central Govt.
 Citizen Suit Provision
 Principle of ‘No fault’ and ‘Absolute Liability’
 Public Liability Insurance Act, 1991
 The National Environment Tribunal Act, 1995
 The National Appellate Environmental Authority Act, 1997
 Constitution, powers and functions.

Case Laws:
 Prabhu Narain Singh v Ram Niranjan, AIR 1983 All 223
 V Shanker Reddy v State of Andhra Pradesh, 1992 (2) Andh LT 514
 Hinch lal Tiwari v Kamla Devi, 2001 (6) SCC 496
 Murli S Deora v Union of India, AIR 2002 SC 40
 Karnataka Industrial Area Development Board v C. Kenchappa, AIR 2006 SC 2038
 M Nizamuddin v Champ Last Sanmar Ltd & Others, AIR 2010 SC 1765
 Akhil Bharat Goseva Sangh v State Of A. P., 2006 (4) SCC 162
 Indian Council for Enviro Legal Action v Union of India & Others, 2000 (2) SCC 293
 M. C. Mehta v Union of India (Taj Trapezium Case), 2001 (9) SCC 235
 M. C. Mehta v Union of India (CNG case), 2002 (4) SCC 356
4-Mandate: Course Handout

 Narmada bachao Andolan v Union of India & Others, AIR 2000 SC 3751
 L Krishnan v state of Tamil Nadu, 2005 (4) CTC 1 (Mad)
 M. C. Mehta v Union of India (Sriram Food & Fertilizer Case), AIR 1987 SC 965

Module: 5. Monitoring Policy& Public Participation 6 lecture hours


 The National Green Tribunal
 Enforcement of the NGT Act
 Establishment of NGT
 National Green Tribunal (Recruitment, Salaries and Other Terms and Conditions of Service of Officers and Other Employees) (Amendment)
Rules, 2013

 Environment Impact Assessment


 Environmental Audit
 Public Participation in Environmental decision making, Environment information, public hearing, Regulation on Bio-Medical Waste.
 Transactional Pollution, State Liability,
 Customary International Law - Liability of Multinational Corporations/Companies

Case Laws:
 Weather Reporters of Local Papers v Union of India, 2015, CA 12567
 Vimal Bhai & Others v MOEF, 2011 NGT New Delhi
 Environment Support Group v National Biodiversity Authority, 2013 Writ 41532
 Ajay Kumar Negi & Others v Union of India & Others, 183(THC)/ 2013

Module: 6. International Environmental Convention 10 lecture hours

 Stockholm Declaration on Human Environment, 1972


4-Mandate: Course Handout

 The role of UNEP for the protection of environment


 Biodiversity Convention (Earth Summit), 1992
 Rio Declaration, 1992
 Kyoto Protocol 1997

Case Laws:
 Research Foundation for Science v Union of India, 2005 (13) SCC 186
 Almitra H Patel v Union of India, 2000 (1) Scale 568
 State of Kerala v Joseph Anthony, AIR 1994 SC 721
 Union of India v Member Secretary Metropolitan Development Authority, Chennai, 2006 (1) MLJ 49 (Mad) (FB)
4-Mandate: Course Handout

Appendix 4.3: Compliance report

School of Law
Programme
Programme
Chair
Compliance report of course handout
Course
Course handout Remarks by PC if
Sl No Course code Course title Section Taught by faculty Submission
coordinator any
date
1. BBL611 Environmental Law Abhilasha Sisodia Abhilasha Sisodia 15/12/18
2. BAL611 Environmental Law Abhilasha Sisodia Abhilasha Sisodia 15/12/18
3. LLB362 Environmental Law - Abhilasha Sisodia Abhilasha Sisodia 15/12/18

Signature of PC; Signature of Dean:

Review by IQAC:

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