__________________________________________________________

University Institute of Legal Studies, PU,

Chandigarh
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Project Topic – Sustainable Development and role of

Green Infrastructure in sustainable development

SUBMITTED TO: SUBMITTED BY :

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Dr. Sabina Salim Pranjali Aggarwal
25/18 (8th sem)
BA LLB – Sec A
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ACKNOWLEDGEMENT
__________________________________________________________

I would like to express my special thanks of gratitude to my teacher

Dr. Sabina Salim who gave me the golden opportunity to do this
wonderful project and study the concept of 'Sustainable
Development and Role of Green Infrastructure in sustainable
development ‘, which helped me in doing a lot of research and I came
to know about so many new things. I am really thankful to her.

Secondly, I would also like to thank my friends who helped me a lot in

finalizing this project within limited time frame.

-PRANJALI AGGARWAL

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 INDEX

Sr no. Particulars Pg no.

1 Introduction 4

2 The advent of term and its necessity 4

4 Various Principles of sustainable development 5

5 Related laws and implementations in India 5-6

6 Sustainable Development and International law 7

7 International initiatives to achieve sustainable development 8

8 Landmark judgments on sustainable development 9-15

9 Recent case laws 15-18

10 Green infrastructure and relevant laws 18-20

11 Conclusion 21

12 Bibliography 22

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Introduction

“Earth provides enough to satisfy every man's needs, but not every man's greed."-Mahatma
Gandhi

With the ever growing economies and the need and greed for more, the doctrine of Sustainable
Development becomes the most relevant principle in today's times.

The alarming magnitude of climate change has been an imperative sign to think and prepare better
for the future. The era of the 21st century calls for an immediate and reasonable debate upon
what the future further demands of us. The perspective can be in respect of changes in the global
environment, development and economy, and their relation of cause and effect. The progress of
the global economy taking a toll on the environment needs to be addressed. The development
needs to be environmentally efficient and sustainable with a people-centred approach.

Sustainable human development or people-centred development has gained increasing

acceptance over the last few years based on its balanced approach between economic
development and sustainability of the environment. There are various unprecedented challenges
waiting to be dealt with due to the rapid urbanization and globalization. With cities becoming focal
points of major developments and mighty opportunities, they act as strong magnets attracting
huge populations which are greatly complimented with tremendous challenges like worsening
pollution, vivacious use of natural resources and mass exploitation of energy sources.

The advent of the term and its necessity

In 1972, the United Nations Conference on the Human Environment took place in Stockholm which
highlighted the concerns for preventing pollution and enhancing biodiversity and environment to
ensure the rights of humans to a healthy and progressive environment.

In 1987, the United Nations World Commission on Environment and Development issued the
Brundtland Report which emphasized three fundamental components of sustainable
development: environmental protection, economic growth and social equity.

The term sustainable development was defined as a way of development where the needs of the
present are met without compromising the ability of future generations to meet their own needs.
It was coined by Doctor Gro Harlem in the Brundtland Report. The concept of needs in the
definition refers to the essential needs of the world’s poor which should be given ultimate priority.
There also needs to be an idea of limitation imposed on the environment’s ability to be able to
meet present and future needs.

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The necessity of sustainable development and its implementation was realized when imperative
changes in the functioning and effects of environment were noticed. The changes followed by
disasters acted as an alarm to what the future could behold, the understanding of which led to the
foundation of concept of sustainable development and living. It was argued that if humans keep
acting independently towards pursuing their individual interests then it won’t be long before all
the resources exhaust due to over exploitation. It was thereby felt that mankind needed to change
its ways and means and diverge to a sustainable development track.

Simply put, the principle of Sustainable Development attempts to maintain a balance between
development and the environment. It promotes inter-generational equity, i.e. better quality of life
for present and future generations. The benefit from development ought to be equated with the
impact on the environment for such development. While development is important or in fact
necessary, the impact on the environment ought to be studied before undertaking such
development. The basic concept of sustainable development aims to maintain a balance between
economic advancement while protecting the environment in order to meet the needs of the
present as well the future generations. The two pillars of the doctrine of Sustainable Development
are Polluter Pays principle and Precautionary principle.

Various principles of 'Sustainable Development':

Some of the basic principles of 'Sustainable Development' as described in 'Brundtland report' are
as follows: -

 Inter-Generational Equity: The principle talks about the right of every generation to get
benefit from the natural resources. Principle 3 of the Rio declaration states that: "The right
to development must be fulfilled so as to equitably meet developmental and environmental
needs of present and future generations." The main object behind the principle is to ensure
that the present generation should not abuse the non- renewable resources so as to
deprive the future generation of its benefit.
 The Precautionary Principle: This principle has widely been recognized as the most
important principle of 'Sustainable Development'. Principle 15 the Rio declaration states
that:
"In order to protect the environment, the precautionary approach shall be widely applied
by States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost
effective measures to prevent environmental degradation."in other words it means
1. Environmental measures by the state government and the local authority must anticipate,
prevent and attack the causes of environmental degradation.
2. Where there are threats of serious and irreversible damage, lack of scientific certainty
should not used as a reason for postponing measures to prevent environmental
degradation.
3. The 'onus of proof' is on the actor or the developer to proof that his action is
environmentally benign.

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  Polluter Pays Principle: Principle 16 of the Rio declaration states that: "National authorities
should endeavor to promote the internalization of environmental costs and the use of
economic instruments, taking into account the approach that the polluter should, in
principle, bear the cost of pollution, with due regard to the public interest and without
distorting international trade and investment."It is quite obvious that the object of the
above principle was to make the polluter liable not only for the compensation to the victims
but also for the cost of restoring of environmental degradation. Once the actor is proved to
be guilty, he is liable to compensate for his act irrelevant of the fact that whether he's
involved in development process or not.

Sustainable development is a pattern of resource use that aims to meet human needs while
preserving the environment so that these needs can be met not only in the present, but also for
the future generations. The term was used by the Brundtland Commission which coined, what has
become the most often- quoted definition of sustainable development as development that
“meets the needs of the present without compromising the ability of future generations to meet
their own needs.”

Related laws and implementations in India

There are several laws which have been passed which include

 The Water (Prevention and Control of Pollution) Act of 1974

 The Forest (Conservation) Act of 1980
 The Air (Prevention and Control of Pollution) Act of 1981
 The Environment (Protection) Act of 1986
 National Green Tribunal: The legislature enacted The National Green Tribunal Act in 2010
after attending all major environmental conferences around the world. The tribunal aims at
effective and quick disposal of cases involving multi corporal issues related to the
environment. NGT is empowered to hear all matters related to environment and has
furthered the crusade of environment protection aiming for better and effective
implementation of sustainable development goals. The tribunal is not bound by Code of
Civil Procedure 1908, instead is supposed to follow the principles of natural justice. In the
case of Prafulla Samantray v. Union of India 1, the tribunal ordered suspension of the POSCO
( South Korean steel-making company) steel plant in Odisha with the opinion that though
there is need for industrial development, it should be within the parameters of sustainable
development and should keep in check all related environmental concerns.

 The phrase of the present government “Sbka Saath Sbka Vikas” which translates to
‘collective effort, inclusive development’ is being stated as the countries national
development agenda. Several of the government’s programs would directly contribute to
advancement of the SDG agenda.These include Swachh Bharat mission, Beti Bacho Beti
Padhao, Pradhan Mantri AwasYojana, Smart Cities, Pradhan Mantri Jan Dhan Yojana, Deen
Dayal Upadhyay Gram Jyoti Yojana and Pradhan Mantri UjjwalaYojana, among others.

1
Appeal No. 8/2011 Friday, the 30th day of March, 2012
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  The Namami Gange Mission: This integrated conservation mission was introduced in 2014
with the twin objective of rejuvenation and preservation of the national river ganga. The
mission encompasses the development and maintenance of sewage treatment
infrastructure and also factory effluents handling. It also takes into account public
awareness, effective afforestation and riverfront development and cleaning procedures.

 National Clean Air Programme in 2019: India formally joined the climate and clean air
coalition for effective implementation of the national clean air programme which is a
comprehensive plan to reduce air pollution, keep it in check and simultaneously improve
the Air Quality Index. This was done in consideration to the recent massive dropping of the
quality of air in the northern region of the country.

Sustainable Development And International Law

International Law is an increasingly important mechanism in the quest for sustainable

development. International customary law as well as conventional law contains provisions which
deals with the protection and promotion of the environment. The maxim sic utere tuo ut alienum
laedas insists on the use of property in such a manner so as not to injure another’s property. The
maxim requires that developmental activities should take place in such a manner that property of
others is not damaged.
 In 1972, the UN Conference on Human Environment was held at Stockholm where a wide
range of resolutions were adopted which formed an action plan for international co-
operation on environmental matters. It produced Stockholm Declaration consisting of 26
principles which opened the floodgates for subsequent developments in the area of
environmental protection. The United Nation Environmental Programme was also
established under the auspices of the Stockholm Conference. The conference agenda was
divided into six main areas. Development and environment appears as the fifth main area of
the conference agenda. The Conference was also witnessed, at initial stages, confrontation
between developing and developed states over the impact of environmental protection and
development. However, the confrontation was later reconciled. It was recognised that the
new international environmental order could be erected only on the foundation of
international co-operation. The Conference projected the fact that the precondition for
building new international environmental order is international co-operation and not
confrontation. This led to the adoption of the Stockholm Declaration which makes
references to development and environment.
 To achieve sustainability, the Vienna Convention to Prevent the depletion of Ozone Layer
was adopted which served as a framework convention and laid down broad guidelines. The
Convention was followed by Montreal Protocol which came up in 1987. The protocol
witnessed various adjustments and amendments from time to time. These instruments aim
at restricting and regulating developmental activities in a manner that ozone depleting
substances are gradually phased out.

 In June 1992, the UN Conference on Environment and Development (UNCED) was held at
Rio de Genera wherein more than 170 governments participated. UNCED‟s mission was to
put the world on a path of sustainable development which aims at meeting the needs of the
present without compromising on the ability of the future generations to meet their own
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 needs. UNCED heralded a new global commitment to sustainable development premised on
the interconnectedness of human activity and the environment. UNCED produced five
documents, viz. Rio Declaration on Environment and Declaration, Convention on Climate
Change, Convention on Bio- Diversity, Forest Principles and Agenda 21.
 In addition, the UN Commission on Sustainable Development was also established.

Some International initiatives to achieve sustainable development

 UNECE: The United Nations Economic Commission for Europe was established in 1947 in
order to promote integration among its member nations. It supports the countries in
implementation of the sustainable development goals as it provides a platform for various
governments to engage and cooperate with standards and conventions acting in place. It
has a multispectral approach which makes it possible to tackle inter connected challenges in
a better integrated manner.

 Human Development Index: The Human Development Index, introduced in 1980 is a

statistical tool to measure a country’s economic and social progress and achievements. It
encapsulates dimensions like health, education, sanitation, economy, security and
environmental aspects. The Human Development Index is also a measure of ecological
footprint. An ecological footprint represents the maximum limit of consumption per person
according to Earth’s ecological capacity. Minimum HDI guarantees satisfaction of human
needs while anything beyond it represents over consumption of resources thereby making
way for compromise for future generations.

 Millennium Ecosystem Assessment: It was a four years long investigation started by the
United Nations in 2001. Over 1200 researchers had the task to assess the consequences
that ecosystems’ changes had on human wellbeing. The main findings of the research
summarized that evolution of ecosystems have caused large and irreversible biodiversity
loss which further aided climate change and more risk of nonlinear changes occurring due
to the same.

 Elen MacArthur Foundation: The Ellen MacArthur Foundation is a UK registered charity

which aims to inspire a generation to re-think, re-design & build a positive future through
the framework of a circular economy. A circular economy is based on principles of keeping
products and materials in use, reducing waste and regenerating natural systems. They aim
to reduce waste and pollution by bringing changes to the root level of the products like the
manufacturing process and the designing factors. They profess that the materials and
products used by the economy should be reusable and repairable thereby preventing their
existence in the landfills. They believe that with protecting we should also actively improve
and upgrade the environment. Thereby in its latest reports in 2016, the foundation strongly
recommended implementation of circular economy within the country.

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  Intergovernmental Panel on Climate Change: This is an intergovernmental body of the
United Nations which is delegated with the task of providing the world with objective and
related scientific information for better understanding of human induced climate change
and it’s all possible natural, political and economic risks and effects. The agency has been
successfully delivering reported data and analysis through regular, annually and special
reports. The latest reports, in 2018 and 2019, consisted of analysis on temperature rise,
land degradation and changes in cryosphere and oceans. The analysis pointed that
immediate actions need to be taken in order to prevent the average temperature from
rising beyond two degrees Celsius and its devastating impacts. It requires quickening the
reduction of carbon dioxide emissions.

Landmark judgments on sustainable development

Indian Judiciary has demonstrated exemplary activism to implement the mandate of sustainable
development. In the past, Indian Courts did not refer expressly to sustainable development but
implicitly gave effect to it.

1. Judgment in Rural Litigation and Entitlement Kendra, Dehradun v. State of UP 2, is dicussed

as follows:-

Facts of the case

The decision of Allahabad high court prompted rural litigation and entitlement Kendra to
send a letter to the apex court challenging the decision and how this could lead to
environmental degradation. Supreme Court treated it as a writ petition under Article 32.
The review was done by Supreme Court and the required reforms for mining operations and
providing required funds as an administrative assistant for the reforestation of that
particular area was done. While the government of India also appointed a working
committee headed by the same DN Bhargav who is also a member of court appointed
committee.

During the pendency of the case, the court-appointed a committee known as the Bhargav
committee to inspect the limestone quarries to analyse the environmental impact of mining
activities

Bhargav committee had divided mines into 3 categories

1. Category A concerns with mines that have the least adverse effect on the environment

2. Category B concerns with mines that have more profound adverse effects on the
environment than category A

2
AIR 1985 SC 652
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 3. Category C concerns mines that have the highest adverse effect on the environment.

While working committee classified mines into two categories

Category 1 concerns with mines that will have the least adverse impact

Category 2 concerns with mines that will have a huge adverse impact and need to be closed
immediately

Issue Raised

 Whether mining operations in Dehradun Valley violates the forest conservation act of 1980?
 Whether mining operation resulted in landslides, loss of vegetation and could further lead
to irreversible ecological losses?
 Whether quarries led to degradation of perennial water springs?
 Whether the lease issued were following the law?
 Arguments

Arguments by Petitioner

 The petitioner claimed that mining activities had caused damage to the perennial water
spring.
 The petitioner further claimed that deposit of limestone act as an aquifer if disturbed, this
could lead to ecological imbalance and would endanger the life of inhabitants
 The petitioner contended that the mining activities were carried out without safety and
precaution. And irresponsible behaviour on the end of respondents has led to landslides,
loss of vegetation and loss of lives of many.
 The lease issue by the states was not in accordance with law and was coloured with
corruption and favours

Arguments by respondent

 The Respondent contended that writ petition should be dismissed as it was frivolous, and all
authority of investigation shall be given to administrative authorities under the
environmental protection act
 The Respondent further contended that the authority to decide whether the operations
could destroy the environment is solely the responsibility of the government and not of the
courts
 The Respondent argued that rejection of further lease could lead to catastrophic
economical destruction to the lessor as the major chunk of material were still not extracted
to make the operations feasible.
 The Respondent has taken all safety measures and precautions to avert any adversity and
further applied for a lease in the view of a longer period of the lease. Cancellation of the
lease at this moment would lead to loss of employment to many and heavy losses

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 Related Statutes/ Provision

 Article 32 of the Indian constitution. Remedies for enforcement of rights conferred by the
constitution.

 Section 6 Forest conservation Act 1980The Mines Act, 1952 approval by the centre
government

Judgement

The Court is clearly of the view that so far as the limestone quarries classified in category (c)
in the Bhargav Committee Report are concerned, which have already been closed down
under the directions of the Bhargav Committee, should not be allowed to be operated. If
the lessees of these limestone quarries have obtained any stay order from any court
permitting them to continue the mining operations, such stay order will stand dissolved and
if there are any subsisting leases in respect of any of these quarries, they shall stand
terminated without any liability against the State of Uttar Pradesh. The limestone quarries
in Sahasradhara Block even though they are placed in category (b) by the Bhargav
Committee should also not be allowed to be operated and should be closed down
forthwith. The Court would also direct, agreeing with the Report made by the Working
Group that the limestone quarries placed in the category (2) by the Working Group other
than those which are placed in categories (B) and (C) by the Bhargav Committee should
also not be allowed to be operated and should be closed down.

In this case, after a detailed report of Bhargava committee appointed by court and working
group headed by the same person Bhargava for the inspection of mining areas, Court
concluded that category A and B are suitable for the continuation of mining operations but
category “C” mines operation shall be discontinued. Relying on these reports, the Apex
court concluded that limestone mining in a reserve forest in Dehradun Valley is an
infringement of the provisions in the forest conservation act that restrict mining in the
forest area. Along with environment conservation, Supreme Court is also concerned with
the economic hardships that will be caused to mining operators and the labourer if they
ordered the closure of the mining operation in Dehradun Valley. To tackle this problem
court ordered that rather than mining in the category C area, mining operators will be given
priority in new mines limestone auction.

2. Judgment in Vellore Citizen Welfare Forum v. UOI 3, is discussed as follows:-

Facts

 In the present case the Petitioner- Vellore Citizens Welfare Forum, filed a PIL under Article
32 of the Constitution.

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AIR 1996 SC 2715

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 The Petition was filed against the water pollution caused due to excessive release of
pollutants by the tanneries and other industries in the State of Tamil Nadu into the river
Palar.
 Palar River was the main source of water for the livelihood of the surrounding people. Later,
the Tamil Nadu Agricultural University Research Centre, Vellore discovered that
approximately 35,000 hectares of agricultural land has turned either entirely or partially
barren and not fit for cultivation.
 This is one of the landmark cases whereby the Supreme Court critically analyzed the
relationship between environment and industrial development.

Issue Raised

Whether the tanneries should be permitted to keep on working at the expense of the
health of individuals and the environment?

Arguments from the Parties

Petitioner

 The Learned Counsel of the Petitioner argued that the whole surface and sub-soil water of
river Palar has been intoxicated and as a result, it has turned out non-accessible for
consumption to the inhabitants of the region.
 They further contended that the tanneries in the State of Tamil Nadu have caused serious
damage to the environment in the region.
 A study conducted by a non-administrative association, covering 13 towns of Dindigul and
Peddiar Chatram Anchayat Unions, uncovers that 350 wells out of an aggregate of 467 wells
used for drinking and water system purposes have been contaminated.

Respondent

 The advocates from the side of the tanneries argued that the quality concerning Total
Dissolved Solids (TDS) fixed by the Board wasn't legitimized.
 This Court by the request dated April 9, 1996, coordinated the NEERI to examine this angle
and offer its input. In its report, NEERI has legitimized the models stipulated by the Board.
The Ministry of Environment and Forests has not completely set down models for inland
surface water release for Total Dissolved Solids, sulphates, and chlorides. the selection on
these guidelines rests with the individual State Pollution Control Boards in line with the
prerequisites supported nearby site conditions.
 The rules stipulated by Tamil Nadu Pollution Board Control (TNPCB) have been advocated.
The principle endorsed of the TNPCB for inland surface water release is met for tannery
squander waters cost-viably through appropriate embed control gauges in tanning activity,
and normally structured and viably worked wastewater treatment plants (ETPs and CETPs).

Judgement:

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 The Supreme Court after hearing both the parties and examining the report ruled making all
efforts to maintain a harmony between environment and development. The Court observed
that these Tanneries are the major foreign exchange earner to the country and also provide
employment to several people. But at the same time, it harms the environment and poses a
health hazard to everyone. The Court ruled in favour of Petitioners and directed all the
Tanneries to deposit a sum of rupees ten thousand in the office of Collector as fine. The
Court further directed the State of Tamil Nadu to award Mr M. C. Mehta with a sum of
Rupees Fifty thousand as a token of appreciation towards his efforts in protecting the
environment. The Hon’ble Supreme Court also made it a point to emphasize on the
formation of green benches in dealing with matters related to the protection of the
environment.
Moreover, SC also directed the Central Government to establish an authority under Section
3(3) of the Environment Protection Act 1986. The authority so established shall implement
the „precautionary principle‟ and the „polluter pays principle‟

3.Judgment in A.P. Pollution Control Board v. MY Nayadu 4, is discussed as follows:-

FACTS OF THE CASE

 In this case a new factory for the creation of vegetable oils should be built by respondents
in the state of Andhra Pradesh. Respondent industry bought a land parcel in Indore town
named Peddashpur. Inside the scope of the village the supplies that give drinking water to
the 5 million individuals around the space.
 In the year 1988 the Ministry of Forest and Environment set up the red list of unsafe
enterprises. In that red list, the name of respondents industry was likewise recorded.
 This warning was given by the Central Government dependent on its force under the Eater
counteraction and control of Pollution Act of 1974 just as the Air anticipation and control of
contamination Act of 1981.

 In 1994 under the Directive Principles of Central Government, the State Government forces
a warning where it was referenced that the foundation of any industry inside 10 kilometres
of repositories is to be restricted by law.
 In 1995 could not apply for getting the NOC from the territory of Andhra Pradesh Pollution
Control Board for the foundation of his industry into that space. It was established by the
climate authority of the state.
 Government reaffirmed the standard in 1996. Thus, the State of Andhra Pradesh Pollution
Control Board dismissed the application because of that standard.
 The respondent was informed by the Commission of Industries that he should select an
elective region however he did not pay attention to the commission of ventures different
common works and introduced apparatus.
 Without a doubt, the State of Andhra Pradesh Pollution Control Board the respondent
applied for a NOC.
 Then, at that point likewise the Board dismissed the application.

4
AIR 1999 SC 812

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  Then, at that point reacted fought that he contribute a lot of cash to the foundation of the
business and its activities
 Thereafter, State Government in the wake of assessing demand made by the respondent.
 Then, at that point the authorisation and the solution alongside the rules to the respondent
were given to be followed water contamination.
 Thereafter respondent recorded an apple before the investigative Authority under Section
28 of the Water Act.
 Investigative position switch the orders made by the province of Andhra Pradesh Pollution
Control Board by giving thinking that the respondent had utilised the most recent method
for to prevent ecological contamination.an Environmental Law. The above quoted
judgements have significant impact on the specialised environmental legislations in India.
The judgements are a pointer for Pollution Control Board to grant consent for setting up
industrial units on the basis of the „precautionary principle”
 last, the giving of NOC is passable to the respondent.

ISSUE RAISED BEFORE THE COURT

• What is the validity of the orders passed by the A.P. Contamination Control Board?

• The rightness of the sets of the Appellate Authority under area 28 of the Water Act, 1974?

• What is the legitimacy of exception allowed for the activity of the 10 k.m. rule?

• In what ways that the mechanical parts of the natural law cases should be mediated?

• Whether the industry of respondent is a hazardous one?

• What is industries contamination possibility, considering the idea of the item, the
effluents and its area?

• Regardless of whether the activity of the business is probably going to influence the
sensitive region bringing about contamination of the Himayat Sagar and Osman Sagar Lakes
providing drinking water to the twin urban areas of Hyderabad and Secunderabad?

ARGUMENT FROM APPELLANT SIDE

• The appealing party of this case was the A. P. Pollution control board which fought that
the respondent business could not begin its common works and development without
getting approval from A.P. Pollution Control Boards.

• According to the appellant the unit is a polluting industry that will harm the environment
and fall under the red category of polluting industries.

• The appellant states that the proposed site felt within a 10 km radius and that area was
not permitted for construction of the industry

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 •The appellant even presented the items made by respondent industry would lead to the
following pollutants, first is Nickel (strong waste) which is a substantial metal and an unsafe
waste under the Hazardous Waste (Management and Handling) Rules, 1989, second is a
capability of release or run-off from the plant consolidated joining oil and other side effects
and the third is Emission of sulphur dioxide and oxide of nitrogen.”

ARGUMENT FROM RESPONDENT SIDE

• The respondent argued after the dismissal of the letter of the respondent industry for
getting the NOC, they appealed under Section 28 of the Water Act before the investigative
authority.

• Along with this the respondent presented a sworn statement of Shri Santapa who was a
policeman of the Tamilnadu Pollution Control Board which was in the blessing of the
respondent industry. In that testimony, it was expressed that industry had followed just as
received eco agreeable innovation by utilising all the shielding measures for the insurance
of climate.

• Respondent industry Director even submitted an affidavit statement clarifying the insights
about the innovation utilised in the erection of the plant.

• Another report was additionally presented by the respondent business pronouncing

utilised by them is acquired from the Indian Institute of Chemical innovation of Hyderabad
which is an exceptionally prestigious and that industry had given an endorsement
announcing that this industry would not release any acidic influents which are destructive
for the climate. Based on the above affirmation and reports it was fought that industry is
not a dirtying industry.

Recent case laws

Judgment in Manoj Misra v. Union of India is discussed as follows 5:-

Facts

 The applicant, i.e. Shri Manoj Mishra, is a former Indian Forest Service officer who is the
convenor of the "Yamuna Jiye Abhiyaan" campaign. Upon learning that the sacred river
Yamuna is gravely endangered by persistent development on its flood plains and an
increasing pollution load caused by domestic waste as well as agricultural and industrial
effluents, the campaign Yamuna Jiye Abhiyaan was convened in 2007.

 The Applicant alleged that he initially learned through local farmers and the Art of Living
Organization's website (Respondent no. 3) that they were intending to bring in around 3.5
million people from all over the world for their 2016 World Culture Festival Celebration
scheduled for March 11th 13th, 2016. The Respondent began construction on the Yamuna
flood plain in preparation for arranging the event, which necessitated illegal and
5
Original Application No. 65 of 2016
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 unauthorised dumping and construction in the river's active flood plains. It was stated that
this construction activity could adversely impact the river system. Thus, according to the
applicant, an environmental impact assessment of the activity, which included construction
work, was required.
 According to reports, the DDA improperly enabled Respondent No. 3 to use land in the river
bed/flood plain for the event. This sets a dangerous precedent, as repeated occurrences of
similar events will result in major environmental damage and deterioration of the river
Yamuna and its flood plains. As a result of these facts and the fact that the event would
result in irreparable harm to the flood plains and river, the applicant sought the National
Green Tribunal to request that the ongoing construction work be halted and that no activity
be permitted on the Yamuna's flood plains. Further, Shri Mishra had previously filed a
written complaint against the respondents with the Governor of Delhi, on 11-12-2015, and
subsequently filed the application present with the NGT.

Issues To Be Considered:
 Whether the Respondent no. 3 i.e. the Art of living Foundation has caused irreparable harm
to the flood plains of the Yamuna River on an ecological, environmental and biological
level?
 Whether the Respondent no. 3 is liable to pay any damages as a consequence of such
adverse environmental impact and to restore the site to its pre-existing condition?

Argument Of The Applicant:

The Applicant prayed before the Tribunal that the event be postponed because it would cause an
adverse impact on the environment and ecology and establish a dangerous precedent for the
future. It was also requested that respondent no. 3 should be fined heavily for environmental
degradation and be ordered to restore the entire venue to its previous state.

Argument Of The Respondent

Respondent no. 1 (DDA) took up the stand that a meeting of the High-Powered Committee was
held on 18th September 2015 to discuss specific directions given by the Tribunal to DDA in the
Yamuna judgment (Manoj Misra Case came to be decided on 13th January, 2015). It was decided
to conduct a site visit of the river Yamuna's eastern and western banks, and during the tour, no
debris or building material was discovered in the DDA's flood areas.

The DDA recorded the inspection on video. According to the report, the DDA has been diligent in
carrying out its responsibilities, as well as in respect to the project that is being reviewed by the
High-Powered Committee. Further, it is stated that a part of the Yamuna River's flood plain is not
within DDA's authority, and that there may be debris in that area which is not under the control of
DDA.

Respondent number two, the Ministry of Environment and Forests, filed an independent response
claiming that, according to the Government of India's allocation of business rules, the
development, conservation, management, and abatement of pollution in the Yamuna and its
tributaries are the responsibility of the Water Resources Ministry, River Development, and Ganga
Rejuvenation (abbreviated 'MoWR').The River Yamuna is a tributary of the River Ganga and,
therefore, lies under the domain of the Ministry of water resources. Further, it was submitted

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because the event necessitated only minor and temporary construction, it did not require
clearance from the Ministry of Environment, Forestry, and Climate Change or SEIAA under the EIA
Notification process. Moreover, the responsibility for the protection of flood plains lies with the
MoWR.

Respondent No. 3, i.e. The Art of Living Foundation asserts that it obtained all required
permissions from the appropriate authorities in order to hold the event in question. The
authorities granted permission without reservation, and only the respondent proceeded to hold
the event. The direction issued in the Yamuna judgment is not binding upon the Respondent since
it was not a party to the said judgment and Respondent No. 3 is not liable for the floodplain
damage because holding of a cultural event does not fall under the category of prohibited activity;
rather, it is a permissible activity under the Yamuna judgement. Additionally, Respondent no. 3
claimed that the floodplains had been destroyed long ago as a result of agricultural activities,
debris dumping, and other activities.

Order Of NGT:
The NGT permitted the festival's conduct on the grounds of fait accompli, (something that is
already done) notwithstanding an investigation by an appointed expert who also revealed
widespread damage to the plains.

For the reason of delay on the part of the applicant in approaching the tribunal and for the reason
of fait accompli capable of restoration and restitution, we are unable to grant the prayer of
prohibition order and a mandatory direction for removal of construction and restoration of the
area in question to the applicant at this stage.

Concerning harm already done to the environment and ecology as a result of the illegal and
unauthorised actions of the Project Proponents, the parties are required to pay compensation for
its repair and restitution under Section 15 of the National Green Tribunal Act. The Tribunal
assessed the AOL Foundation a fine of Rs. 5 crores. However, an expert panel established by the
NGT recommended a fine of Rs. 42 crores for the flood plains' physical and ecological repair.
However, the Tribunal's ultimate judgement held the AOL foundation liable for the damage and
instructed that the Delhi Development Authority use the already-paid fine of Rs. 5 crores for
restoration work (DDA).

Additionally, it held the DDA accountable for failing to carry out its statutory responsibilities, but
while the Tribunal castigated DDA for failing to carry out its statutory duties in environmental
preservation, it did not impose any more fines on the authority because it was satisfied that it had
previously agreed to establish Biodiversity Parks and enhance the area's environmental state using
its funds. The court found no merit in the foundation's challenges to the report of the High-
Powered Committee

Judgment in Court of its own motion v. the state of Himachal Pradesh 6 Is discussed as follows:-
Issue

6
2014 SCC OnLine NGT 1
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In February 2014, India's National Green Tribunal issued a ruling on its own motion imposing a
number of restrictions on activity around the Rohtang Pass, an environmentally sensitive area in
the Himalayan state of Himachal Pradesh.
Observation
The National Green Tribunal has jurisdiction pursuant to a a 2010 statute “over all civil cases
where a substantial question relating to environment ... is involved and such question arises out of
[one or more of seven environmental protection statutes enacted between 1974 and 2002]." The
court may initiate cases and impose remedies. In February 2014, on its own motion, the court
found that Black Carbon, which can be produced through vehicle use, is a major causative factor
for rapid melting of glaciers in the Himalayan region. The court cited a study suggesting that 40%
of the glacial retreat could be attributed to Black Carbon impact and concluded that, therefore,
Black Carbon emission reduction can address glacial melting. The court concluded that Indian
citizens have the right to a wholesome, clean and decent environment, derived from Article 48A of
the Constitution (which requires the state to protect and improve the environment), Article 51A
(requiring a citizen to protect and improve the natural environment) and Article 21 (protecting the
right to life as a fundamental right).
Although the court described how greenhouse gas emissions cause global warming, and affirmed
the applicability of the “polluter pays” principle to the respondents in this case, the court did not
assign Himachal Pradesh responsibility for mitigating global warming per se. It did, however, order
the government of Himachal Pradesh to undertake sweeping measures to reduce pollution,
including random pollution checks, restricting transport in certain areas to compressed natural gas
and electric buses, and implementing a reforestation program. These measures must be overseen
by a Monitoring Committee that makes quarterly reports to the court.
Judgment

the NGT created a specific fund called the 'Green Tax Fund' to ensure proper development for
protecting the environment in all its spheres. Through this, the NGT required the persons who
were travelling by public or private vehicles to the glacier of Rohtang Pass to pay a reasonable sum
of money of Rs. 100 for heavy vehicles and Rs. 50 for light vehicles as a contribution based on PPP.
It imposed Rs. 20 per tourist travelling through CNG or electric houses to Rohtang pass as tourists

In Dr: Karan Singh v. State of Himachal Pradesh 7, the NGT directed that the Municipal-Corporation
of Shimla and Solan may consider the collection of proper monetary contribution for disposal of
Municipal Solid Waste (MSW) depending on the kind and size of the houses on the principle of
"Polluter Pays" and charge such amounts as it may deem fit to the households within their limits

In Kamal Anand v. State of Punjab8, the corporation was directed to charge every household,
shop, hotel or any industrial building to pay the specific amount along with the property tax

7
AIR 1999 SC 812
8
AIR 1999 SC 812

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payable for the property, or on monthly basis, whichever is permitted by the concerned authorities
based on PPP.

Green Infrastructure and relevant laws

What is Green infrastructure?

According to-Gross, 2009, the term ‘Green infrastructure’ was first used by McMohan in a report
of the President’s Council on Sustainable Development issued in May 1994. The rationale behind
this report was that one should recognize natural systems as Infrastructure. The firstdefinition of
GI was given by Mark Benedict and McMohan of the USA as ‘an interconnected network of natural
areas and other open spaces that conserves natural ecosystem values and functions, sustains clean
air and water, and provides a wide array of benefits to people and wildlife.’
Green Infrastructure refers to a strategically built framework of interconnected ecosystems,
ecological–technological hybrids, and built infrastructures that provide social, environmental, as
well as technological functions and benefits; such as green roofs, living walls, and backyards. Even
the existing Infrastructure can be retrofitted, rehabilitated, redesigned, or reused to build green
Infrastructure. In layman’s language, we can define green Infrastructure as the economical
alternative that exists on earth naturally but will cost an arm and leg if built from scratch. This is
basically a system that employs natural resources to yield a myriad of advantages- ecological,
social, biodiversity as well as economic. Green Infrastructure can also aid in achieving a net-zero
carbon goal by 2070, which would be in consonance with the 2030 Sustainable Development
Agenda.
Evolution of Green Infrastructure in India
The foremost evidence of green Infrastructure in the Indian subcontinent existed in the pre-
historic era in the Indus valley civilization – as Mohenjaodaro’s designed water management
system was an exhibition of Green infrastructure solutions. Even the cities designed during the
British era, such as Jaipur and Udaipur, incorporated green Infrastructure.
The Model Town and Country Planning Act was drafted in 1962 to facilitate urban planning in the
country. Though cities were developed industrially, the existence of green spaces and natural
drainage almost diminished, primarily because of deficient technology and awareness that would
have helped in establishing the perfect nexus between Infrastructure and nature. After realizing
this deviation, Urban and Regional Development Plans Formulation and Implementation (URDPFI)
Guidelines were published in 1996 by the Institute of Town Planners (ITPI) that made it obligatory
to allot a minimum of 15 percent of the total urban area for green or open spaces. Afterwards, the
revised URDPFI Guidelines were published in 2014, which enumerated that the requirement for
green space should be supplemented with an additional norm of 10–12 sq m green area per
capita.
Indian government mentioned the term ‘green infrastructure’ for the first time in the Fourth Five
Year Plan (1964-69). This policy discussed the significance of the environment and how it can be
conserved. With the passage of time and subsequent realization of the importance of the
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environment, the government started delving over the ways to conserve the environment, and the
first initiative in furtherance of the same was taken by establishing the Environment Ministry in the
year 1980; which was later on rechristened as Ministry of Environment, Forest, and Climate
Change in the year 2014. It is a think tank for all policies and laws for the conservation of the
environment.

Laws in present discussing the Green Infrastructure

National Action Plan on Climate Change
National Action Plan on Climate Change (NAPCC) was passed on 30th June 2008. The plan
encompasses 8 missions that represent a multi-pronged, long-term, and integrated approach for
battling against climate change; and numerous of them focus upon promoting green Infrastructure
in the country, namely-
 The National Mission for a Green India- this Mission, as the name suggests, focuses on
reviving the degraded forests, building carbon sinks, and how forest cover can be
snowballed in India. This also aims to build public-private partnerships for the
accomplishment of the mission. Thus, it aims to provide enhanced resilience of the forests
and reduction in greenhouse emissions.
 National Mission for sustaining the Himalayan ecosystem- this mission came into force in
June 2010 and aims to protect the ecosystem of the Himalayas, thus encompassing 11
states and 2 UTs under its ambit. The prime objective of the Mission is to conserve
biodiversity and wildlife of the ecosystem, which will be achieved by conservation and
plantation of trees.
 The other missions forming the core of this plan include the National Mission for Strategic
Knowledge for Climate Change and the National Water mission. The National Mission for
Sustainable Habitat does not directly focus on Green infrastructure, but their agendas can
be achieved through green Infrastructure.
Smart City Mission
This Mission was launched in the year 2015 to combat the issue of irregular mushrooming of the
Infrastructure. In this mission, different cities of India will be selected, and a master plan will be
formulated that will lay the plan for the development of the city while following a sustainable
approach. The sustainability in these projects is aimed to be achieved through the building of
green Infrastructure. The plan includes initiatives to make all buildings green, a network of parks,
cycling paths, and green walkways. Even the alternate spatial planning and Sustainable Urban
Development System (SUDS) which includes stormwater design features like previous paving, soak
ways, swales, infiltration trenches, filter strips, sand filters, bio-retention filters/areas, and green
spaces will be integrated. The particular areas have been specified for the plantation of trees in
each city. National Real Estate Development Council (NAREDCO)’s Green Area Development
Policy is also playing its role in the integration of the green Infrastructure in the cities.
Atal Mission for Rejuvenation and Urban Transformation

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Atal Mission for Rejuvenation and Urban Transformation (AMRUT) was launched on 25th June
2015. Though the AMRUT mission was launched to monitor and manage the sewage, and water
supply of the areas, it also aims to develop green parks and combat flooding in the cities through
the use of stormwater drains. 500 cities have been selected worldwide to implement the AMRUT
mission.
Indian Green Building Council
This council was established in the year 2001 to usher the green building movement in the country
so that every individual can enjoy the benefits of a sustainable environment. The renowned CII-
Godrej GBC building in Hyderabad was the first building constructed by the council, and there are
numerous buildings that followed after that. The council provides ample services, such as grant of
ratings to Green buildings, and even facilitates the organization of annual meets wherein all the
stakeholders of the construction industry, as well as government, gather and work to promote the
initiative of the green buildings. The council is entering into pacts with city governments to build
green Infrastructure like Mangalore

Present Examples of Green Infrastructurein the country

 Olympia Tech Park, an IT park in Chennai is the beacon of biophilic building. It is a perfect
blend of eco-friendly and energy-saving techniques such as rainwater harvesting
equipment, generation of power through renewable energy-wind and solar power, etc. The
building has been awarded the title of one of the biggest gold LEED-rated buildings in the
world.
 The root bridges in theMeghalaya are one of a kind where grey infrastructure is wholly
transitioned with the green Infrastructure. The bridges are built with the help of tangled
thick rubber tree roots, also known as Ficus Elastica tree and are capable of holding 50
people at a time. These are grown by Khasi and Jaintia tribes, who have acquired mastery in
building these bridges.

Conclusion

Sustainable development ties together concern for the carrying capacity of natural systems with
the social challenges faced by humanity. As early as the 1970s, "sustainability" was employed to
describe an economy "in equilibrium with basic ecological support systems." Ecologists have
pointed toThe Limits to Growth ,and presented the alternative of a "steady state economy" in
order to address environmental concerns.
The concept of sustainable development has in the past most often been broken out into three
constituent parts: environmental sustainability ,economic sustainability and socio-political
sustainability. More recently, it has been suggested that a more consistent analytical breakdown is
to distinguish four domains of economic, ecological, political and cultural sustainability. This is
consistent with the UCLG move to make 'culture' the fourth domain of sustainability.Other
important sources refer to the fourth domain as 'institutional' or as 'good governance.'
Realisation of sustainable development and sustainable production and meeting the related
requirements cause massive challenges for the manufacturing industry. The motivation for this

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study was the assumption that better understanding of the different aspects of sustainable
development helps the companies to adapt more sustainable practices. The paper presents a
literature review on sustainable development and production with practices related to the
respective topics and then summaries a study conducted within Finnish manufacturing industry.
The results in this study are presented in a framework consisting of six categories. For each
category the challenges, means and motivation for realisation and objectives are presented. The
obtained results provide further and in depth information of sustainable development and
sustainable production within the Finnish manufacturing industry for both the industry and
academia

Bibliography

1. Jaswal, N., & Jaswal, P. (2017). Environmental Law. Allahbad Law Agency.
2. Leelakrishnan, P.(2016). Environmental Law in India, Lexis Nexis.
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https://lawcorner.in/meaning-principles-and-goals-of-sustainable-development-in-
india/
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https://www.biyanicolleges.org/concept-of-sustainable-development-an-indian-
perspective/
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principle/1503/
9. Green Infrastructure from niche to Mainstream: How law and policies play their role
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niche-to-mainstream-how-law-and-policies-play-their-roles/
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