ENVIRONMENTAL LAW NOTES

International and National Perspective

 Concept of Environment: Journey from Ancient time to Modern time.

 Concept of Environment Pollution.
 Concept of Environment Protection.
 Role of a Public participation and Environment Protection.
 Role of the State and Environment Protection.
 Evolution of Environment Law in India.

Introduction

The term “environ” is derived from the French term ‘environner’ which means “to
surround”. Environment refers to all the surroundings in which a human life. These
surroundings include all the natural and manmade environment. Natural
environment means air, water, lakes, trees, mountains, etc. While, manmade
environment refers to the surroundings created by man such as buildings, roads,
parks, bridges, monuments, gardens, etc.

According to Section 2(a) of Environment Protection Act, 1986, “environment

includes Water, Air & Land and the inter-relationship which exists among and
between Water, Air and Land & Human Beings, other Living Creatures, Plants, Micro
Organisms & Property.

Environmental Law

Environmental law refers to a body of legal principles, regulations, statutes, and

treaties that aim to protect the environment and natural resources. It is a specialized
field of law that addresses the interactions between human activities and the natural
environment, seeking to strike a balance between economic development and
environmental sustainability.

Objectives

 Environmental Protection: The primary objective of environmental law is to

safeguard the environment from harmful activities, pollution, and degradation. It
aims to prevent and minimize the adverse impacts of human actions on
ecosystems, biodiversity, and natural resources.
 Conservation of Natural Resources: Environmental law seeks to conserve natural
resources such as forests, water bodies, minerals, and wildlife, ensuring their
sustainable use and availability for future generations.

 Pollution Control: One of the central goals of environmental law is to control and
reduce pollution, including air pollution, water pollution, soil contamination, and
noise pollution.

 Biodiversity Conservation: Environmental law aims to protect and preserve

biodiversity, including endangered species and critical habitats, recognizing the
importance of biological diversity for ecological balance and human well-being.

 Sustainable Development: Environmental law promotes the concept of sustainable

development, which emphasizes meeting the needs of the present without
compromising the ability of future generations to meet their own needs.

Historical Background (International)

Ancient Views: The environment in this period was primarily viewed in utilitarian
terms, with nature seen as a source of food, water, shelter, and other resources.
Ancient societies had a more localized perspective, focusing on the immediate
surroundings and the relationship between humans and nature.

Traditional Ecological Knowledge: Indigenous cultures and traditional societies

developed rich ecological knowledge systems based on their close relationship with
the environment. These societies often had a deep understanding of ecosystems,
biodiversity, and the interconnections between humans and nature. Traditional
ecological knowledge emphasized sustainable practices, conservation, and the
sacredness of the natural world.

Scientific Enlightenment: The scientific revolution and the Enlightenment period in

the 17th and 18th centuries brought a more systematic and analytical approach to
studying the environment.

Conservation and Preservation Movements: In the 19th and early 20th centuries,
conservation movements emerged in response to the environmental degradation
caused by industrialization and resource exploitation. Conservation efforts led to the
establishment of national parks, wildlife reserves, and the development of early
environmental policies.

Modern Environmentalism: Environmentalism emphasized the need for sustainable

development, the protection of biodiversity, and the recognition of the
interdependence between human well-being and the health of ecosystems.
Global Environmental Awareness: In recent decades, global environmental awareness
has grown, driven by concerns about climate change, loss of biodiversity, and
pollution. The concept of the environment has become more inclusive, recognizing
the interconnectedness of ecosystems, the importance of environmental justice, and
the need for global cooperation to address environmental challenges.

Indian Journey of Environment and various dimensions

 The issue of sensitivity to the environment, pollution and use of natural

resources during these times (Ancient, Medieval, Modern)

 The ancient people, though didn’t study the importance of environment but
were conscious of its basic principles and significance. They believed that the
protection of Mother Nature on their own.

 In India people worship Trees, water, animals, land. Indian texts such as the
Arthashastra, Sathapatha Bhramanas, Vedas, Manusmriti, Ramayana,
Mahabharata etc. enable us to understand the concepts of environment, its
protection.

 The Medieval period mainly dominated by the Mughals and Muslim rulers
who considered forests no more than the grassland where they could hunt.
Rulers as well as the masses were more intrigued in war and tended to serve
people than to serve mother Earth.

 The early days of British India witnessed abundance of natural resources and
they exploited the contemporary India by the policy of imperialism.

 After British rule many Environmental laws and legislations were framed by
Indian Parliament.

Environment and Religion

Christianity: The Bible emphasizes the interconnectedness of creation, with passages

such as Romans 8:19-21 highlighting the notion that all of creation eagerly waits for
its liberation and restoration.

Islam: The Quran emphasizes that the earth and all its creatures are creations of
Allah, and humans have a responsibility to be stewards of the earth. There are verses
that encourage the observation and contemplation of nature as signs of Allah's
greatness. Islamic teachings emphasize the importance of balance (mizan) in all
aspects of life, including the environment. The concept of Khalifa, or vicegerent,
highlights the responsibility of humans to act as caretakers of the earth.
Buddhism: Buddhism emphasizes interconnectedness and compassion for all beings,
including the natural world. The concept of dependent origination
(pratityasamutpada) teaches that all things are interdependent and that harming the
environment ultimately harms oneself. Buddhist scriptures promote non-harming
(ahimsa) and respect for all forms of life. The teachings encourage mindfulness and
awareness of one's actions towards the environment and advocate for sustainable
practices.

Hinduism: Hindu scriptures, such as the Vedas and Upanishads, view the earth as a
manifestation of the divine and emphasize the sacredness of nature. There is a
recognition of the interdependence between humans, the environment, and the
divine. The concept of dharma in Hinduism encompasses the ethical responsibility to
live in harmony with nature and fulfill one's duties to protect and preserve the
environment.

Environment and culture

The concept of the environment in Indian culture is multifaceted, emphasizing a

spiritual connection with nature, the importance of sustainable living, and the
recognition of the interdependence between humans and the natural world.

Ahimsa (Non-violence) and Vegetarianism: Ahimsa, a core principle in Indian culture,

promotes non-violence towards all living beings, including animals and the
environment.

Sacredness of Nature: Indian culture recognizes the sacredness and divinity of nature.
The belief in pantheism, which sees the divine presence in all aspects of creation,
underscores the reverence for the environment. Sacred rivers, mountains, trees, and
animals are considered embodiments of deities, and pilgrimage sites are often
located in natural surroundings. The worship of various natural elements, such as the
sun (Surya), rivers (Ganga, Yamuna), and plants (Tulsi), reflects the close connection
between spirituality and the environment.

Sociological Aspect and Environment

Urbanization and Environmental Challenges: Rapid urbanization in India has led to

significant environmental challenges, including air and water pollution, waste
management issues, and loss of green spaces. Urban areas face social issues related
to environmental degradation, such as unequal access to clean environments, uneven
distribution of environmental amenities, and health disparities.
Social Movements and Activism: Environmental activism and social movements play a
crucial role in raising awareness, advocating for policy changes, and mobilizing
communities around environmental issues. Grassroots movements, such as the
Chipko Movement, Narmada Bachao Andolan, and campaigns against pollution, have
highlighted social and environmental justice concerns and influenced policy
decisions.

Environmental Education and Awareness: Environmental education and awareness

campaigns aim to foster a sense of responsibility and stewardship among the
population. Initiatives at the community level, schools, and NGOs promote
environmental education, sustainable practices, and the importance of conservation.

Economical Aspect and Environment

The concept of the environment in India has significant economic implications, as it is

closely intertwined with natural resource management, sustainable development,
and the overall well-being of the economy.

Natural Resource Dependency: India's economy relies heavily on natural resources

such as water, forests, minerals, and agricultural land.

Ecosystem Services: Conserving and valuing ecosystem services can contribute to

sustainable economic development by reducing risks, enhancing productivity, and
supporting resilient communities.

Sustainable Development: India's economic policies and development plans, such as

the Sustainable Development Goals (SDGs) and the National Action Plan on Climate
Change, emphasize the integration of environmental concerns into economic
decision-making processes.

Green Economy and Renewable Energy: The promotion of renewable energy sources
like solar and wind power contributes to energy security, job creation, and reduced
greenhouse gas emissions.

Environment Pollution

 Meaning of Pollution
 Meaning of Environment Pollution.
 Types of pollution.
 Environment Pollution in India
 Meaning Pollution
The term ‘pollution’ refers to unfavorable alteration to our surroundings, wholly or
largely as a by-product of human’s action through direct and indirect effects of
changes in energy pattern, chemical and physical construction and abundance of
organisms

EPA Sec 2(b) “Environmental Pollutants” means any substance in solid, liquid or
gaseous form which in consideration is injurious to the health of living beings.

EPA Sec 2(c) “Environmental Pollution” includes the presence of environmental

pollutants in the environment.

AIR POLLUTION:

Air pollution is generally accomplished through air pollutants. The definition of air
pollutants is given under sec 2(9) of the Air Pollution Act, 1981.

Air Act 1981, Section 2(a): Air pollutant means any solid, liquid or gaseous substance
including noise present in the atmosphere in such concentration as may be or tend to
be injurious to human beings or living creatures or plants or property or
environment.

Section 2(b): Air Pollution means the presence in the atmosphere of any air pollutant.
Air pollutants may be gaseous or particulate pollutants. With the progress of the
society a large amount of gaseous waster and fine particles are emitted into the
atmosphere. The natural air has got its air purification process and through this
process it could be able to be remove different types of pollutants which are
continuously introduced into the atmosphere. When the rate of pollution is high or
the self-purifying capacity of the air comes down, accumulation of pollutants takes
place posing a serious threat to the human health.

 Sources: Industrial Emissions, Vehicular Emissions, Agricultural Activities,

Construction and Demolition, Residential Heating and Cooking, Natural
Sources.

 Major Air Pollutants: Particulate Matter (PM): PM consists of tiny solid

particles and liquid droplets suspended in the air. Fine PM (PM2.5) and coarse
PM (PM10) can enter the respiratory system, leading to respiratory and
cardiovascular diseases, Sulfur Dioxide (SO2), Nitrogen Oxides (NOx), Carbon
Monoxide (CO).

 Environmental impacts: Ecosystem Damage, Acid Rain, Ozone Depletion etc.

WATER POLLUTION:

Water is a significant element in the biosphere because on one hand it is vital for the
survival of all forms of life and on the other hand it helps in the movement,
circulation and cycling of nutrients in the biosphere. It supports life-system and its
shortage has been serious concern of human being’s.

Section 2(6) of Water (prevention and control of pollution) Act, 1974: means
such contamination of water or such alteration of the physical, chemical or biological
properties of water or such discharge of any sewage or trade effluent or any other
liquid, gaseous or solid substance into water (whether directly or indirectly) as
may, or is likely or create a nuisance, domestic, commercial, industrial,
agricultural or other legitimate uses, or to the life and health of animals or plants or
of aquatic organisms.

 Major Water Pollutants: Chemical Contaminant, Heavy Metals, Pathogens,

Nutrient Pollution.

 Effects of Water Pollution: Aquatic Ecosystems, Human Health, Economic

Impact.

LAND POLLUTION:

Land is in fact the very heart of life layer(biosphere) because it represents a zone
wherein plant nutrients produced, held, maintained and are made available to plants.

Hazardous-waste management (Substance that are toxic, reactive, ignitable,

corrosive, infectious, or radioactive)

The collection, treatment, and disposal of waste material that when improperly
handled, can cause substantial harm to human health and safety or to the
environment. Hazardous wastes can take the form of solids, liquids, sludges, or
contained gases and they are generated primarily by chemical production,
manufacturing, and other industrial activities. They may cause damage during
inadequate storage, transportation, treatment.

NOISE POLLUTION:

The word ‘noise’ originated from the Latin word ‘nausea’ meaning sea-sickness.
‘Noise’ is any unwanted sound that disrupts environmental equilibrium. Noise is
measured in decibels.

The sources of noise pollution are numerous, but broadly it can be divided into two:
Industrial and Non- industrial.
The effects of noise are becoming deadlier day to day. It impairs our sensibility,
physiological, psychological; it may lead to loss of hearing, speech interference, loss
of efficiency, various diseases, and interference with sleeping besides certain other
miscellaneous effects.

Sources: Transportation, Industrial Activities, Construction, Commercial

Establishments, Recreational Activities,

Thermal Pollution and Nuclear Pollution

Temperature plays an important role in determining the conditions in which living

organisms can survive. Any undesirable, harmful change in natural temperature
disturbing the natural heat balance of the surroundings is called ‘Thermal Pollution’.

One of the most important and dangerous types of pollution is ‘nuclear pollution’.
‘Nuclear pollution’ is produced by nuclear explosion which are carried out for
performing nuclear tests and which is further used for making nuclear weapons. Due
to these explosions about 15 to 25% of the radioactive particles enter into the
atmosphere.

Environment protection

Environmental protection is a practice of protecting the natural environment at

individual, organizational or governmental levels, for the benefit of the natural
environment and humans. Due to the pressures of population and technology, the
biophysical environment is being degraded, either partially or permanently. This has
been recognized, and governments have begun placing restraints on activities that
cause environmental degradation.

Environmental protection is influenced by three interwoven factors: environmental

legislation, ethics and education. Each of this factor plays important role in its
protection.

Need: The human beings as well as animals need clean food and water, and in order
to have clean food and water, it is necessary to protect the ecosystem that make
survival possible.

Article 21- No person shall be deprived of his life or personal liberty except according
to procedure established by law (Extension The right to live in a healthy environment)
under the case of Rural Litigation and Entitlement Kendra vs. State, AIR 1988 SC 2187
(Popularly known as Dehradun Quarrying Case).
Sources: Environmental protection is influenced by three interwoven factors:
environmental legislation, ethics and education.

Role of Individual

Environmental protection is a fundamental duty of every citizen of this country under

Article 51-A(g) of our Constitution which reads as follows, “It shall be the duty of
every citizen of India to protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have compassion for living creatures.”\

State Role

The Directive principles under the Indian constitution directed towards ideals of
building a welfare state. A healthy environment is also one of the elements of a
welfare state.

Article 47 provides that the State shall regard the raising of the level of nutrition and
the standard of living of its people and the improvement of public health as among
its primary duties. The improvement of public health also includes the protection and
improvement of the environment without which public health cannot be assured.

Article 48 deals with the organization of agriculture and animal husbandry. It directs
the State to take steps to organize agriculture and animal husbandry on modern and
scientific lines. In particular, it should take steps for preserving and improving the
breeds and prohibiting the slaughter of cows and calves and other milch and draught
cattle.

Article 48-A of the constitution says that “the state shall endeavor to protect and
improve the environment and to safeguard the forests and wildlife of the country”
Role of public

Access to information is essential in a democracy so that citizens can exercise their

rights in a meaningful manner. Increasing access to environmental information is
essential as it allows for competing interests to be balanced, in the sense that the
public interest suggests that access to information on the consequences of industrial
activities, permits all relevant factors to be taken into account as part of the decision-
making process.

On a very general level public participation consists of attempts to influence law,

policies, and individual decisions made by the government or regulatory bodies.

For example, the Chipko movement led by Shri Sunderlal Bahuguna to preserve the
indigenous trees of Uttar Pradesh. In this particular movement the local communities
adopted the Gandhian principles of protest and literally tied themselves to the trees
in order to prevent their lumbering. It was this action that resulted the government
to take note of the environmental issues raised by the community and resulted in the
government taking policy decisions keeping in mind the suggestions of the local
community.

Similarly, the Narmada Bachao Andolan saw wide protests against the increase of the
dam over the river Narmada by local communities which resulted in a massive legal
battle.

Sources of Environment Protection (International)

Customary International Law-For instance, the principle of "no harm to other states"
and the "precautionary principle" are considered customary norms.

International Court Decisions-Rulings by international courts and tribunals, such as

the International Court of Justice (ICJ) and specialized environmental tribunals

United Nations General Assembly Resolutions: The UN General Assembly can adopt
resolutions that express the views of the international community on specific
environmental issues, which may influence the development of international law and
hence Environment Protection.

Principles of International Environmental Law:

International Organizations: International organizations such as the United Nations

Environment Programme (UNEP) and the

International Maritime Organization (IMO) play a role in facilitating cooperation and

implementation of international environmental law

Conferences and Summits: Global environmental conferences and summits, like the
Earth Summit in Rio de Janeiro (1992) and the United Nations Climate Change
Conferences (COPs), have led to the adoption of significant environmental
agreements Multilateral Environmental Agreements and declarations.

Sources of Environment Protection (National)

National Environmental Policies, Plans and regulations: India has formulated various
national policies and plans, such as the National Environment Policy (2006) and the
National Action Plan on Climate Change (2008), to address specific environmental
challenges.

 Legislation: Constitution, Environmental Laws.

  Judicial Decisions
 General Principles
International Conventions

Conference: A conference is a meeting where representatives from different

countries come together to discuss and negotiate various issues, including
environmental matters. Conferences can lead to the adoption of conventions,
protocols, declarations, and action plans.

Convention: A convention is a formal international agreement or treaty that

establishes general principles, norms, and objectives for addressing a particular
global issue

Protocol: A protocol is a supplementary agreement that is often attached to an

existing convention. It elaborates on specific provisions of the convention and
provides additional details or requirements.

COP: A COP stands for Conference of the Parties and refers to the annual meetings
held under certain international environmental convention.
Stockholm Conference (UNCHE, 1972)

The United Nations Conference on Human Environment (UNCHE) held in June 1972
in Stockholm, Sweden: marked the beginning of modern era of environmental
governance, introducing more inclusive and comprehensive international agreements
and regulations on environmental issues.

This conference is also widely known as the Stockholm Conference. The event is
broadly considered the first major worldwide attempt to address the global
environmental problems and preserve the human environment. The Declaration
consists of twenty-six common principles that aim to inspire and guide the future
actions and policies, particularly concerning with the human environment.

United Nations Environment Programme (UNEP): The establishment was one of the
greatest achievements of the Stockholm Conference. This international
environmental body was primarily set up, in December 1972 by the General
Assembly, to coordinate the environmental activities within the United Nations
system.

UNEP does not only encourage the states agencies but also the private actors like
NGOs, multinational voluntary organizations and civil society groups to promote the
sustainable use of the natural resources.
Furthermore, UNEP has developed an international monitoring system, known as
‘Earthwatch’, It is designed to engage the governments in a free-flowing exchange of
environmental information and green ideas.

Rio Conference (1992)

The United Nations Conference on Environment and Development (UNCED): Also,

popularly known as the Earth Summit or Rio Conference, was convened in 1992 in Rio
de Janeiro.

This global event marked the twentieth anniversary of historical Stockholm

Conference held in 1972. The Rio Conference, the largest environment conference in
UN history, was attended by over 170 government representatives, 35000
environmental activists, politicians and business representatives and many more.

The foremost purpose of the conference, was to reconcile the worldwide

developmental goals with the need for environmental protection by evolving a
sustainable model of development.

The Declaration on Environment and Development adopted at the Earth Summit is

also widely known as Rio Declaration comprising of 27 principles that reaffirmed the
Stockholm Declaration and defined the responsibilities of state and non-state actors
in safeguarding the planet.

The Convention on Biological Diversity, also called Biological Treaty, is another

significant achievement of the Rio Conference. The convention was opened for
signatures in 1992 at the Earth Summit and entered into force on December 29, 1993

Agenda 21: Agenda 21 is the most significant agreement signed at the Earth Summit.
It is widely recognized as an international blueprint or global plan of action for
achieving sustainability in the twentieth century.

Agenda 21 is primarily divided into following four sections:

Section 1: Social Economic Dimensions – It outlines plan for combating poverty,

changing consumption patterns, protecting human health and integrating
environment and development at all levels (policy making, planning and
management).

Section 2: Conservation and Management of Resources for Development: This

section outlines the areas which are to be conserved and managed in order to
achieve sustainable development. It includes the recommended actions for the
protection of the Environment.
Section 3: Strengthening the Role of Major Groups – This section highlights the role
of all stakeholders (state and non-state actors) at both global and national levels in
achieving sustainable development.
Section 4: Means of Implementation – This last and fourth section identifies the
means and resources required to ensure and review the implementation of Agenda
21. For e.g., Transfer of Technology, research and many more.

Rio Declaration 1992- Agenda 21 Twenty years after Stockholm, the United Nations
Conference on Environment and Development was held in Rio de Janeiro in 1992.
‘The Earth Summit’, as it was called adopted the ‘Rio Declaration’ and an action plan
of 40 chapters called Agenda 21 was adopted by over 100 Nations.

Agenda 21 was geared towards achieving Sustainable Development in the 21st

century. The ‘Rio Concept’ can be summarized as:

 Equal consideration of environment, society and economy;

 Intergenerational solidarity keeping in mind the needs of the future
generations;
 A global consensus and political commitment at the national and international
levels;
 Involvement of the Non-Government Organizations (NGOs);
 Provides a blueprint for the governments to attain a balance between the
environment and the needs of the population; and
 A Commission on Sustainable Development (CSD) was established to follow up
the Rio agreements, and it monitors the agreements of the Earth Summit at
the local, national, regional and international levels
 The Kyoto Protocol operationalizes the United Nations Framework Convention
on Climate Change by committing industrialized countries and economies in
transition to limit and reduce greenhouse gases (GHG) emissions in
accordance with agreed individual targets.

In Doha, Qatar, on 8 December 2012, the Doha Amendment to the Kyoto Protocol
was adopted for a second commitment period, starting in 2013 and lasting until
2020.

The Paris Agreement, also known as Paris Climate Accord or Paris Climate Agreement,
was adopted on 12 December, 2015 by 195 nations at the twentieth first Conference
of Parties (COP 21) to UN Framework Convention on Climate Change (UNFCCC). The
Agreement is another noteworthy attempt to enhance the implementation of
UNFCCC. It offers a new universal legally-binding framework to combat the global
threat of climate change and strengthen the globally coordinated efforts towards a
sustainable future beyond 2020.
Convention on International Trade in Endangered Species of Wild Fauna and Flora,

CITES was drafted as a result of a resolution adopted in 1963 at a meeting of

members of IUCN (The World Conservation Union). The text of the Convention was
finally agreed at a meeting of representatives of 80 countries in Washington, D.C.,
United States of America, on 3 March 1973, and on 1 July 1975 CITES entered in
force.

CITES is a multilateral environmental agreement aiming to ensure that international

trade in specimens of wild animal and plant species does not threaten their survival

It is binding in nature, CITES regulates wildlife trade primarily through a system of

permits and certificates that must be issued by national authorities before specimens
can enter or leave countries involved in international trade.

Constitutional Perspective

 Fundamental Rights,
 Directive Principles of State Policy,
 Fundamental Duties,
 Co-relation between Fundamental Rights, Directive Principles of State Policies
and Fundamental Duties with special reference to Environment Protection in
India.

Constitutional Perspective

Constitutional Scheme for Environment Protection:

 Part IV- Article 37, 39(e), 48A, 49, 51(c)
 Part IVA- Article 51A
 Part III- Article 14, 21, 19(1)(g)
 Article 243-B, 243-G
 Article 32 and 226

(Refer bareact for their reading, important case laws have been given on few articles)

Article 49 of the Directive Principles of State Policy provides for the obligation of the
State to protect monuments, places and objects of national importance. In the Taj
case (1996) the Supreme Court of India seems to have got inspiration from Article 49
while protecting the Taj Mahal, a monument protected under the Ancient
Monuments and Archaeological Sites and Remains Act, 1958, from harmful Industrial
emissions originating in and around Agra.

Article 32: Remedies for enforcement of rights conferred by this

Part (1) the right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.

Part (2) The Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto
and certiorari, whichever may be appropriate, for the enforcement of any of the
rights conferred by this Part.

The judgments in Dehradun quarries cases were passed under Article 32 of the
Constitution and involved closure of some of the quarries on the ground that their
operation was upsetting ecological balance of the area. The indirect approval of the
right to humane and healthy environment by the Supreme Court continued further in
the Oleum gas leak case (1986).

Right to livelihood vis-à-vis Environment: The Supreme Court has recognized

another aspect of the right to life enshrined under Article 21 of the Constitution, viz.
the right to livelihood. There is a real chance of clash of these rights, i.e., right to
environment and right to livelihood as government’s action to close down industrial
units for protection of environment may result in loss of job, dislocation of poor
workers and might disrupt badly the lifestyles of people heavily dependent on such
industries.

 Courts will then need to balance environmental interests with the

fundamental right it carries on any occupation, trade the fundamental right to
carry in any occupation, trade or business guaranteed in Article 19(1)(g).

Various standards have been prescribed by the Government for the discharge of
different pollutants. An industry may challenge a very stringent standard which
cannot be complied with, despite best efforts by available technology or if it is
otherwise unreasonable. Relationship between Fundamental Rights, Directive
Principles of State Policy and Fundamental Duties vis a vis Environment Protection in
India. Initially the courts adopted the literal legal position in this aspect. Meaning
Article 37 was literally followed. Later the attitude of the courts changed and it
started giving value to the Directive Principles from a legal point of view and favored
harmonizing the fundamental rights and Directive principles. The fundamental rights
and Directive principles are supplementary and complementary
If FR and DPSP collide what could be done? Try to harmonize the conflict. Where two
judicial choices are available, the construction in conformity with social philosophy of
directive principle has to be given preference.

Thus, court can interpret a statute to implement DPSP instead of keeping them a
dead statute. Both Part III and IV have to be balanced and harmonized then alone the
dignity of the individual can be achieved. They were meant to supplement each
other. So, we can see that in the course of time the attitude of the courts has
changed and it is positively reflected under various case laws which are described
below:

Vellore Citizens Welfare Forum v. Union of India (1996): This case dealt with the
issue of industrial pollution and its impact on the environment and public health. The
conflict arose between the Fundamental Right to life under Article 21 and DPSP
under Articles 47 and 48A. The court struck a balance by stating that while economic
development is essential, it cannot be at the cost of the environment and public
health. It recognized the right to a clean environment as a part of the right to life.

M.C. Mehta v. Union of India (1986): This landmark case dealt with the pollution of
the Ganga River. The court had to balance the Fundamental Right to life under Article
21 and the DPSP that promote the protection and improvement of the environment.
The court however ordered the closure of industries polluting the Ganga and
emphasized the importance of environmental protection.

T.N. Godavarman Thirumulpad v. Union of India (2002): This case involved the issue
of illegal mining and deforestation in various parts of the country. The court had to
reconcile the DPSP promoting forest conservation (Articles 48A and 51A(g)) with the
Fundamental Rights of individuals and communities dependent on forest resources.
The court however ordered a ban on illegal mining and upheld the importance of
protecting forests.

Lakshmi Kant Pandey v. Union of India (1984): In this case, the court had to address
the tension between Fundamental Rights (specifically Article 19) and DPSP (Article
39(a) and (b)) in the context of prohibiting forced labor and promoting equal pay for
equal work. The court held that the protection of Fundamental Rights prevails over
DPSP and struck down a law that provided for compulsory labor.

These cases illustrate the ongoing struggle in Indian jurisprudence to harmonize the
often-competing principles of individual rights and the larger societal good, as
enshrined in the DPSP. The judiciary seeks to strike a balance between these two
aspects while delivering judgments that promote both justice and constitutional
ideals.
Constitutional Perspective
Important Judgments

 Municipal Council, Ratlam v. Vardichan (1980) 4 SCC 162.

 Rural Litigation and Entitlement Kendra v. State of U.P. (1985) 2 SCC 431.
 M.C. Mehta v. Union of India (1986) 2 SCC 176.
 Sachindanda Pandey, v. State of W.B. AIR 1987 SC 1109.
 T. Damodar Rao v. Municipal Corp., Hyderabad AIR 1987 A.P. 171
 M.C. Mehta v. Union of India (Kanpur Tanneries Matter) AIR 1988 SC 1037.

Constitutional Perspective Important Judgments

 Rural Litigation and Entitlement Kendra v. State of U.P. AIR 1988 SC 2187.
 Kinkari Devi v. State of H.P. AIR 1988 SC 4.
 Vellore Citizens Welfare Forum v. Union of India (1996) 5 SCC 647.
 Bichhri Village Case AIR 1996 SC 1446
 M.C. Mehta v. Union of India (1997) 2 SCC 4113.

General principles

Courts often make use of these principles to interpret laws, guide decisions, and
establish precedents in environmental cases.

 Unwritten Legal Principles: General principles are unwritten legal norms that
have evolved over time through legal practice, philosophical debates, and
international agreements. These principles often reflect fundamental values
and are considered intrinsic to the notion of justice.

 Harmonizing Laws and Interpretation: Environmental laws can be complex

and specific to certain contexts. General principles provide a unifying
framework for courts to interpret these laws consistently across different cases
and jurisdictions. They help harmonize legal interpretations and decisions.

 Supplementing Legal Gaps: Legal systems may not cover every conceivable
situation. General principles fill gaps in the law by offering guidance when
specific statutes or regulations do not address certain issues adequately.

 Global Applicability: Many general principles of environmental law have

gained international recognition. For example, the principles of sustainable
development, precaution, and polluter pays are widely accepted across
countries. Courts can draw from these principles to ensure their decisions
align with global environmental goals.
These principles are not always explicitly codified in statutes but have evolved over
time through legal practice, philosophical thought, international agreements, and
judicial decisions.

Absolute Liability

Oleum gas from Shriram Foods and Fertilizers which was a fertilizer plant leaked
causing harm to numerous people. The Ryland v. Fletcher rule was applied in this
case. However, J. Bhagwati stated that the above rule has been 100 years old and is
not enough to decide cases such as these, as science has improved a lot in these
years, which is why the Supreme Court went a little further and implemented the
absolute liability rule first time in India under this case.

When will it apply, what to prove?

Applied to Escape to dangerous substance resulting in damage to environment (MC

Mehta case 1985)

Dangerous Substance under this demonstration is characterized as any substance

which by reason of its properties is obligated to make any harm to the individuals,
other living animal, plants, property or to the climate. The term dealing with is
portrayed in section 2(c) of the Public Liability Insurance Act,1991 which is a clear
and specific expression of the rule of absolute liability laid down in the case of M.C
Mehta vs Union of India. (This act was made after oleum case).

The principle of absolute liability as laid down by the Supreme Court of India has,
now to some extent, attained the status of a statutory liability. The Public Liabilities
Insurance Act is one such law, which provides that there is no burden on the claimant
to plead and establish that the death, injury or damage in respect of a claim was due
to a wrongful act, neglect or default of any person, visible from Section 3 of the of
the Public Liability Insurance Act

In U.P. State Electricity Board v. District Magistrate (1997), Dehradun the issues
whether electricity is a hazardous substance and whether the Electricity Board is
liable to provide relief to victims of accidents were raised. The case was regarding the
claim for relief under the Public Liability Insurance Act made to the District
Magistrate in connection with the death of a person who came into contact with a
high-tension electric wire which had been hanging at a low height of 10 feet.

It was alleged by the U.P. State Electricity Board that the claim petition was not legally
maintainable under the 1991 act as electricity was not a 'hazardous substance”. It
was alleged that electricity does not come within the definition of hazardous
substance given in the Environment (Protection) Act, 1986 as electricity has no
chemical or physico-chemical properties. The Court observed that there can hardly
be any doubt that electricity is 'hazardous' since it can injure or even kill people if not
properly handled. Electricity is simple flow of free electrons in a particular direction
at a particular moment. An electron is a very small particle of the matter with a
negative electric charge and certain other properties. Since electrons are material
particles having specific physico-chemical properties, the electricity is clearly a
Hazardous substance. The Court further observed that the Public Liability Insurance
Act, 1991 is a beneficial legislation for social objective and it should be given liberal
interpretation.

Polluter Pay Principle

The Supreme Court reiterated the ‘Polluter Pays Principle’ and reemphasized the
need to apply it in M.C. Mehta v. Union of India. It was a case concerning the
yellowing and decaying of the Taj Mahal'. The Supreme Court applied the polluter
pays principle in another landmark decision in the case of S. Jaganath vs. Union of
India. In this case, it was found that the shrimp culture industry in and around Chilka
and Pulikat lakes, caused detrimental effects on the local flora and fauna. Hence the
Supreme Court ordered for the closure of the Shrimp Culture industries. It also
directed the industries to compensate the individuals affected by these industries
and also to contribute for reversing the damage caused to the ecology. It further
directed that the compensation amount so recovered was to be deposited under
Environment Relief Fund. The Supreme Court has also applied the Polluter Pays
Principle in M C Mehta v Kamalnath. The Supreme Court enumerated the various
activities of Span Motels considered to be illegal and constituting "callous
interference with the natural flow of River Beas" resulting in the degradation of the
environment by trying to block the natural relief/spill channel of the river". The
Himachal Pradesh Government was also held to have committed patent breach of
public trust by leasing the ecologically fragile land to the Motel. It is only on such
findings, the "polluter pays" principle with liability for harm to compensate not only
the victims but also the cost of restoring the environmental degradation and
reversing the damaged ecology was held applicable to the present case.

In this case the Supreme Court held that the Span Motel interfered into the natural
flow of the river Beas by trying to block the natural relief/spill channel of the river.
Hence, the Motel was directed to pay compensation by way applying of cost for the
restitution of the environment and ecology of the area.

Apart from the judiciary the legislature has also felt the importance of the
corporation of the Polluter Pays Principle in the statute to give this principle a
statutory status. The Water (Prevention & Control of Pollution) Cess Act, 1977 was
enacted by the Parliament to provide for the levy and collection of a cess on water
consumed by persons carrying on certain industries and by local authorities, with a
view to augment the resources of the Central Board and the State Board for the
prevention and control of water pollution constituted under the Water (Prevention
and Control of Pollution) Act, 1974.
Principle 15 of the Rio declaration proclaims 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".

Precautionary principle

Where there are threats of serious and irreversible damage, lack of scientific
certainty should not be used as a reason for postponing measures to prevent
environmental degradation. The "onus of proof" is on the actor or the
developer/industrialist to show that his action is environmentally benign. The
Supreme Court relying upon a report of the International Law Commission has
observed that "the precautionary principle suggest that where there is an identifiable
risk of serious and irreversible harm, including, for example, extinction of species,
wide spread toxic pollution, major threats to essential ecological processes, it may be
appropriate to place the burden of proof on the person or entity proposing the
activity that is potentially harmful to the environment". To give effect to the
precautionary principle, the Ministry of Environment or, Forests, Government of
India, published a Notification, which states that Schedule I or Schedule II shall not be
undertaken in any part of India, expansion of modernization of any existing industry
or new projects listed has been accorded environmental clearance by the Central
Government case may be, the State Government concerned in accordance with the
proceed hereinafter specified in this notification." The this certain development
projects should be carried on within the carrying capacity of the ecosystems, which
will otherwise come under stress, so as to ensure that developmental activity takes
place in harmony with the environment. This could be achieved only by careful
assessment of a project proposed to be located in any area, on the basis of an
Environmental Impact Assessment (EIA) of each project and the necessary
Environment Management Plan for the prevention, elimination or mitigation of the
impact, right from the inception stage of the project.

The Supreme Court of India in Vellore Citizens Welfare Forum vs. Union of India has
declared that the 'precautionary principle' is an essential feature of sustainable
development. The Supreme Court has also supplied meaning to the precautionary
principle in the context of the Municipal law. According to which the precautionary
principle means:

(i) Environmental measures - by the State Government and the statutory authorities
must anticipate, prevent and attack the
causes of environmental degradation.

Public Trust Doctrine

The Supreme Court's decision in M C Mehta v. Kamalnath is an excellent exposition of

the Doctrine of Public Trust.

The news appeared in India Express stating that a private company Spar Motels Pvt
Ltd. in which the family of Kamal Nath (a former Minister for Environment and
Forests) had direct link, had built a club at the bank of River Beas by encroaching land
including substantial forest land which was later regularized and leased out to the
company when Kamal Nath was the Minister. It was stated that the Motel used
earthmovers and bulldozers to turn the course of the river Beas. The effort on the
part of the Motel was to create a new channel by diverting the river-flow. According
to the news item three private companies were engaged reclaim huge tracts of land
around the Motel. The main allegation in the news item was that the course of the
river was being diverted to save the Motel from future floods. The Supreme Court
took notice of the news item because the facts disclosed therein, if true, were be a
serious act of environmental degradation of the part of the Motel.

In this case the Supreme Court applied the Doctrine of Public Trust for protection of
the environment. Justice KULDIP SINGH has exhaustively gathered information on
this Public Trust Doctrine from various juristic writings and decisions of the American
Courts and also from theory of roman empire. It was founded on the ideas that
certain common properties such as rivers seashores, forests and the air were held by
Government in Trusteeship for the free and unimpeded use of the general public.
Under the English law, however, the Crown could not grant these properties to
private owners if the effect was to sovereign could own these resources but the
ownership was limited in nature.

This is also evident from the Latin maxim "Riparum usus publicus est jure gratiam
sicut ipsius fluminis" which means that the use of river banks is by the law of nations
public, like that of the stream itself.

In K.M. Chinnappa vs. Union of India the Supreme Court held that "the aesthetic use
and the pristine glory cannot be permitted to be eroded for private, commercial or
any other use unless the Courts find it necessary, in good faith, for public good and in
public interest to encroach upon the said resources." This petition was filed
challenging the renewal of mining lease granted to Kudremukh iron ore company in
the Kudremukh National Park. The Public Trust Doctrine primarily rests on the
principle that certain resources like air, sea, waters and the forests have such a great
importance to the people as a whole that it would be wholly unjustified to make
them a subject of private ownership. The said resources being a gift of nature, they
should be made freely available to everyone irrespective of the status in life. The
Doctrine enjoins upon the Government to protect the resources for the enjoyment of
the general public rather than the permit to use for private ownership or commercial
ownership.

According to Professor Sax the Public Trust Doctrine imposes the following
restrictions on governmental authority:

 First, the property subject to the Trust must not only be used for a public
purpose, but it must be held available for use by the general public;
 Second, the property may not be sold even for a fair cash equivalent; and
 Third, the property must be maintained for particular types of uses".

The Supreme Court of California (USA) in National Audubon Society vs Superior Court
of Alpine County popularly known as "the Mono Lake Case" has summed up the
powers of the State as Trustee in the following words:

"Thus, the Public Trust is more an affirmation of State to use public property for
public purposes. It is an affirmation of the duty of the State to Protect the people's
common heritage of streams, lakes, marshlands and tidelands, surrendering that
right of protection only in rare cases when the abandonment of that right is
consistent with the purposes of the Trust...".

The Supreme Court of India in MI Builders Ltd. v. Radhey Shyam Sahu to the Doctrine
of Public Trust. It held that the Doctrine of Public Trust would be applicable even in
the absence of any statute to mollify the acts of the Municipal Corporation. This case
was filed challenging the agreement between the Municipal Corporation of Lucknow
and a private builder through which a Park of historical importance that was located
in a congested commercial-cum-residential area was handed over to the builder for
the construction an underground, air-conditioned shopping complex. The Court ruled
that the Corporation had violated its duty as a Trustee in entering into the
agreement. Though the Supreme Court and the High Courts did not specifically refer
to the Doctrine of Public Trust directly, in many cases, they have given effect to this
Doctrine implicitly. Though traditionally the Doctrine of Public Trust was applied only
for protection of access to the common for public benefit, now the Doctrine is being
applied even to prevent over exploitation of the environment. Now this Doctrine is
being used as a legal and planning tool for the fulfillment of sovereign's role as
Trustee of environment for future generations i.e, Doctrine of Sustainable
Development.

Sustainable Development

The Courts are often required to strike a balance between development and
environment. The Courts while handling issues relating to environmental
degradation, they generally apply the principles of Sustainable Development and
administer justice. Principle 3 and Principle 4 of the Rio Declaration 1992 deals with
the principles of Sustainable Development directly. Principle 3 proclaims that the
right to development must be fulfilled so as to equitably meet developmental and
environmental needs of present and future generations". Principle 4 proclaims that
"in order to achieve sustainable development, environmental protection shall
constitute an integral part of the development process and cannot be considered in
isolation from it".

On Rural Litigation and Entitlement Kendra v. State of U.P." (popularly known as Doon
Valley case) was the first case in India involving issues relating to environment and
development. The decision of the court in this case reaffirmed and reiterated that
development is not antithetical to environment. The court observed that "we are not
oblivious of the fact that natural resources have got to be tapped for the purposes of
the social development but one cannot forget at the same time that tapping of
resources have to be done with the requisite attention and care so that ecology and
environment may not be affected in any serious way, there may not be depletion of
water resources and long-term planning must be undertaken to keep up the national
wealth. It is always to be remembered that these are permanent assets of mankind
and or not intended to be exhausted in one generation."

The Supreme Court in M.C. Mehta v. Union of India" observed that "when science
and technology are increasingly employed in producing goods and services calculated
to improve the quality of life, there is certain element of hazard or risk inherent in the
very use of science and technology and it is not possible to totally eliminate such
hazard or risk altogether. We can only hope to reduce the element of hazard or risk to
the community by taking all necessary steps for locating such industries in a manner,
which would pose least risk of danger to the community and maximizing safety
requirements.

As observed in the United Nations Conference held at Stockholm in June, 1972,

economic and social development was essential for ensuring a favorable living and
working environment for man and for creating condition on earth that were
necessary for the improvement of the quality of life.

In Indian Council for Enviro Legal Action v. Union of India" (popularly known as
Coastal Zone Protection case) the Supreme Court emphasized the importance of the
Doctrine of Sustainable Development as follows:

Both development and environment must go hand in hand, in other words, there
should not be development at the cost of environment and vice-versa, but there
should be development while taking due care and ensuring the protection of
environment".
Intergeneration Equity

Lafarge Umiam Mining Pvt. Ltd. v. Union of India (2011)

Principle: Inter-generational equity.

Elaboration: The court emphasized the principle of inter-generational equity, which

states that natural resources should be used in a sustainable manner to ensure their
availability for future generations. The case highlighted the need for balancing
present development with the needs of the future.

The tragedy of the predicament of the civilized man is that every source from which
man has increased his power on earth has been used to diminish the prospects of his
successors. All his progress is being made at the expense of damage to the
environment, which he cannot repair and cannot foresee. "Rivers, forests, minerals
and such other resources constitute nation's natural wealth. These resources are not
to be frittered away and exhausted by any one generation. Every generation owes a
duty to all succeeding generations to develop and conserve the natural resources of
the nation in the best possible way. It is in the interest of mankind. It is in in the
interest of the nation, “opined the Supreme Court in State of Tamil Nadu v. Hind
Stone. “

The idea behind this doctrine is that "every generation should leave water, air and
soil resources as pure and unpolluted as and when it came to earth. Each generation
should leave undiminished all the species of minerals it found existing on earth."

Principle 1 of the Stockholm Declaration on Human Environment declares that “Man

has the fundamental right to freedom, equality and adequate conditions of life, in an
environment of quality that permits a life of dignity and well- being, and he bears a
solemn responsibility to protect and improve the environment for the present and
future generations... in a simple yet clear voice that the future belongs to them, and
accordingly challenged all of us to ensure that through our actions they will inherit a
world free of the indignity and indecency occasioned by poverty, environmental
degradation and patterns of unsustainable development.

Principle 2 of the Stockholm Declaration on Human Environment (1972) points out

that "the natural resources of the earth including the air, water, land, flora and fauna
and especially representative samples of natural ecosystems must be safeguarded for
the benefit of present and future generations through careful planning or
management, as appropriate."
The Brundtland Report defined 'Sustainable Development' as that Development
which "meets the needs of the present without compromising the ability of future
generations to meet their own needs."42 Principle 3 of the Rio Declaration on
Environment and Development (1992) provides that "The right to development must
be fulfilled so as to equitably meet developmental and environmental needs of
present and future generations.

The Johannesburg declaration on Sustainable Development (2002) declares

that:

 We, the representatives of the peoples of the world, assembled at the World
Summit on Sustainable Development in Johannesburg, South Africa from 2-4
September 2002, reaffirm our commitment to sustain- able development.
 We commit ourselves to build a humane, equitable and caring global society
cognizant of the need for human dignity for all.

At the beginning of this Summit, the children of the world spoke to us. As part of our
response to these children, who represent our collective future, all of us, coming
from every corner of the world, informed by different life experiences, are united and
moved by a deeply-felt sense that we urgently need to create a new and brighter
world of hope. Accordingly, we assume a collective responsibility to advance and
strengthen the interdependent and mutually reinforcing pillars of sustainable
development - economic development, social development and environmental
protection - at local, national, regional and global levels. From this Continent, the
Cradle of Humanity we declare, through the Plan of Implementation and this
Declaration, our responsibility to one another, to the greater community of life and to
our children. “

In Consumer Education and Research Society v. Union of India" the Court observed
that if an attempt is made by the State Legislature and the State Government to
balance the need of the environment and the need of the economic development it
would not be proper to apply the "principle of prohibition" in such a case. It would,
therefore, be proper and safer to apply the "the principle of protection" and the"
principle of polluter pays" keeping in mind "principle of sustainable development"
and the "principle of inter-generation equity."

The Supreme Court in K.M. Chinnappa v. Union of India held that "Sustainable
development is essentially a policy and strategy for continued economic and social
development without detriment to the environment and natural resources on the
quality of which continued activity and further development depend Therefore, while
thinking of the developmental measures the needs of the present and the ability of
the future to meet its own needs and requirements have to kept in view. While
thinking of the present, the future should not be forgotten. We owe a duty to future
generations and for a bright today, bleak tomorrow can the not be countenanced. We
must learn from our experiences of past to make bod present and the future brighter.
We learn from our experiences, mistakes from the past, so that they can be rectified
for a better present and the future.

Public Interest Litigation (PIL)

 Introduction
 Concept and essentials of Public Interest Litigation.
 Environment Protection through Public Interest Litigation.
 Role of Supreme Court in emergence of Public Interest
Litigation jurisprudence in India.
 Other Laws which also provides remedies for Environment Protection.

Introduction

A PIL is a legal mechanism that allows individuals or organizations to bring matters of

public interest directly to the court's attention. The purpose of a PIL is to seek
remedies, directions, or orders from the court to address issues that affect society at
large. These issues can include violations of fundamental rights, environmental
concerns, corruption, abuse of power, and more.

HISTORY: Prior to 1980s, only the aggrieved party could personally knock the doors of
justice and seek remedy for his grievance and any other person who was not
personally affected could not do so as a proxy for the victim or the aggrieved party.

However, it saw dramatic change when India became attendee of Rio Conference
wherein its principle 10 specially provides for effective access to judicial and
administrative proceedings, including redress and remedy. Eventually leading to
introduction of PIL by judiciary within India

Need for PIL

Prior to the emergence of the concept of PIL the remedies under Indian Penal Code,
Civil Law, Criminal Procedure Code existed. However, due to lack and limited
knowledge of environmental laws effected masses cannot take effective action
further the concept of locus standi didn’t allow third party to take action even when
they were aware of problem thus in order to do justice court accepted the concept of
PIL to effectively tackle environment problems that were diffused and targeted
unknown masses.
Who can file? Any such person or determinate class of persons is by reason of
poverty or disability or socially or economically disadvantaged position unable to
approach the Court for relief, any member of the public or social action group can file
PIL for such person or determinate class of persons.

In order to do justice, the traditional concept of Locus Standii is no longer a bar for
the community oriented Public Interest Litigations. Though not an aggrieved party, an
environmentally conscious individuals, groups or NGOs now have access to the
Supreme Court/High Courts through PIL.

The Hon’ble Supreme Court while taking cognizance on the petitions has further
relaxed the requirement of a formal petition to seek redressal before the Court. Any
citizen can invoke the jurisdiction of the Court, especially in human rights and
environmental matters even by writing a simple postcard. (Epistolary jurisdiction)

Objectives of PIL

The concepts of "Complete Justice" and the "Binding Nature of Law" are fundamental
principles in the context of the Indian legal system, particularly in the realm of Public
Interest Litigation (PIL). These principles have been declared and emphasized by the
Supreme Court of India to ensure fairness and equality.

Complete Justice: In the context of PIL, where cases are filed not for individual
grievances but for matters of larger public interest, the Supreme Court can go beyond
the traditional constraints of legal process to deliver justice that promotes the
welfare of society as a whole.

Public Interest: The most fundamental element of PIL is that the case must involve a
matter of public interest rather than a purely private or individual grievance. The
issue should have a broader impact on society and not just on the petitioner.

Evolution of PIL in environment matters

It's important to note that PILs provide a means for citizens to bring environmental
concerns to the court's attention, and the court may use various constitutional
provisions, including Article 32 and Article 226, to issue orders and directions to
protect the environment and ensure compliance with environmental laws and
principles.
A number of cases on environmental issues have been resolved using PIL some of
them are: the Dehradun lime stone quarrying case Delhi Vehicular Pollution case,
Oleum Gas Leak case, Tehri Dam case, Narmada Dam case, Dahanu Thermal Power
Plant case, Bichhri village industrial pollution case, Vellore leather industry pollution
case, Sariska wildlife protection case, and T.N. Godavarman case (Continuing
Mandamus), all of them came to Court's attention through PIL. These cases have
been initiated by Non-Governmental Organizations (NGOs), and environmental
activists on behalf of other individuals and groups or public at large.

Class Action and PIL

The Civil Procedure Suits or Representative Suits are suits given under sec 92, O 1 R8,
in which a number of interested people are represented by a person at the lower
court level. Such lawsuits enable cluster responses on behalf of a number of persons
having same interest, each one would be required and the litigation cost would
distribute amongst them. It is used in cases where mass torts occur.

Environmental remedies under various laws

Indian Penal Code, 1860 and Environment Protection in India

Section 268 -294A of Indian Penal Code- Offences affecting the public health, safety,
convenience, decency and morals.

Section 268 of Indian Penal Code defines “Public Nuisance” and noise pollution can
be
controlled under this provision.

Section 277 of Indian Penal Code can be used to prevent the water pollution.

Section 426-432 of Indian Penal Code, Offences affecting the environment caused by
mischief.

Procedural Law and Environment Protection

Criminal Procedure Code, 1973 and Environment Protection

Section 133-144 of Criminal Procedure Code deals with public nuisance.

Civil Procedure Code, 1908 and Environment Protection

Section 91 of Civil Procedure Code deals with public nuisance and other wrongful
acts affecting the public.

Tort Remedies

 Nuisance,
 Negligence, and
  Strict and Absolute Liability.
Section 133 of the Criminal Procedure Code (CrPC) in India empowers certain
magistrates to take action in cases of public nuisance. This section grants the District
Magistrate, Sub-divisional Magistrate, or other Executive Magistrates the authority to
deal with situations where there is an apprehension that a nuisance that affects or is
likely to affect the public is being committed or is likely to be committed.

The section allows these magistrates to take the following actions:

 Immediate Action: If a District Magistrate, Sub-divisional Magistrate, or

Executive Magistrate receives information that a public nuisance exists or is
likely to be committed within their local jurisdiction, they can make an order in
writing to the person responsible for the nuisance, requiring them to remove
or prevent the nuisance within a specified time.

 Conditional Order: The order issued by the magistrate is usually conditional. It

requires the person to either remove the nuisance within the specified time or
to appear before the magistrate to show cause why the order should not be
made absolute.

 Issuance of Warrant: If the person does not comply with the order or appear
before the magistrate in response to the show-cause notice, the magistrate
can issue a warrant to bring the person before them.

 Inquiry and Decision: The magistrate will then inquire into the matter and
decide whether the order should be made absolute or not. If the person
appears and shows cause, and the magistrate is satisfied, the order might be
withdrawn. However, if the person does not appear or fails to show sufficient
cause, the magistrate can make the order absolute and take steps to remove
the nuisance.

The Water (Prevention and Control) Act, 1974 (Case Studies)

Section Concerned- Section 58

Sreenivasa distilleries v S R Thyagaranjan (1986)

The jurisdiction of civil court is barred to not to entertain any suit or proceeding in
respect of any matter which the appellate authority constituted under the Act is
empowered to determine. Secondly, no injunction shall be granted in respect of any
action taken by any authority under the Act in pursuance of the provisions of the Act.
This is the only provision barring the jurisdiction of a Civil Court. The section is
intended to preserve the statutory protection given to the Boards untouched by civil
actions. Now, the present action is only preventing the defendant from polluting
water. But this section is not directed to annul any orders passed by the authority
constituted under this Act. Now, it is admitted that no orders are passed under the
Act, and, therefore, any order passed by the Civil Court will not take away the
jurisdiction of the authorities constituted under the Act.

Section Concerned – 33

Power to move the court for restraining apprehended pollution of water.

Where there is an apprehension by the Board that the water in any stream or well is
likely to be polluted, the Board may make an application to a Court of Metropolitan
or Judicial Magistrate of the first class for restraining the person who is likely to cause
water pollution. The court, on the receipt of such application, can make any order
which it deems fit. If the court makes an order to restrain any person from polluting
water in any stream or well, it may direct the person to desist from causing pollution
and to remove from such stream or well such matter; and

2) if the person does not remove such matter, it authorizes the Board to remove and
dispose of the matter. If the matter is removed by the Board, the expenses so
incurred can be recovered from the person concerned as arrears of land revenue or
of public demands.

In Delhi Bottling Co. (P) Ltd. v. Central Board for Prevention Control of Water
Pollutions (1986), it was declared by the Delhi High Court that if the treatment plant
was not erected as per the "consent order", a restraint order can be passed against
the petitioners restraining them from discharging their effluents in the stream and
thereby arrest causing pollution of the stream. For non-erection of treatment plant,
the Board has to launch prosecution against the industry under Section 41 of the Act.

Section Concerned- 47

Similarly, in U.P. Pollution Control Board v. Mohan Meakins Ltd (2000), the
Supreme Court observed that the directors, manager and secretary of
a company cannot be absolved of the responsibility for the offence of
as provided under Section 47 of the Act. The courts cannot afford to deal lightly with
cases involving pollution of air and water. The courts should not deal with the
prosecution for offences under the Act in a casual or routine manner. In this case, 17
years has elapsed from the institution of the complaint. Still the court ordered to
proceed with the trial with accelerated velocity. Unreasonable delay was not
accepted as a ground for not proceeding against the directors, etc.

Similarly, the Calcutta High Court in K.K. Nandi v. Amitabha Banerjee (1983) ruled that
a person designated as manager of a company is prima facie liable under Section 47
of the Act. But whether a person so designated as manager was in fact in total charge
of the affairs of the factory and whether he had knowledge of the violation of the Act
were questions of fact which could be considered by the trial court only.

Section Concerned-29

The State Government may at any time, either on its own or on an application, call
for records of any case where an order has been made by the State Board under
Sections 25, 26 and 27, for the purpose of satisfying itself as to the legality of any
such order. The State Government can pass any order in relation to that after
providing an opportunity of being heard to the Board, or the person affected. The
State Government shall not revise any order if an appeal against the order lies to the
"appellate authority".
Revision is not a right guaranteed to the party but only a power conferred on the
State Government to keep an eye on the functioning of the State Board.

In Agarwal Textile Industries v. State of Rajasthan (1981), three writ petitions were
filed under Article 226 of the Constitution challenging the validity of Sections 19 and
24(1), Water (Prevention and Control of Pollution) Act, 1974. It was prayed that these
sections were violative of Article 14 as these sections conferred arbitrary
discretionary powers on the Water Pollution Control Board to declare an area as
water pollution prevention and control area and prohibit use of stream or well for
disposal of polluting matter in either of them. But the Rajasthan High Court declared
both the sections intra vires the Constitution because the Board has to exercise the
powers in consultation with the SPCB, which consists of experts. Further, the
preamble of the Act guides the Board in declaring the area as controlled area.

In this case, the SPCB presented an application under Section 33 of the Act before the
Chief Judicial Magistrate (CJM), Pali to issue a direction that Agarwal Textile Industries
should not discharge trade effluents into the Bandi River of Pali (Rajasthan). The CJM
issued the order accordingly. Writ petitions were filed in the Rajasthan High Court
against this order of the CJM.

Section Concerned-25

The Supreme Court, in A.P. Pollution Control Board vs Prof. M.V. Nayudu (Retd.) &
Others (1999), clarified that the “prohibition” of Section 25(1) extends even to the
“establishment” of the industry or taking of steps for that process. Therefore, before
the consent of the PCB is obtained, neither can the industry be established nor can
any steps be taken to establish it.
The respondent industry ought not have taken steps to obtain approval of plans by
Gram Panchayat, nor for conversion of land use by the Collector, nor should it have
proceeded with civil work in the installation of machinery. Since the action was
contrary to the provisions of the Act, no equity or estoppel be claimed against the
statute. The industry could not seek an NOC after violating the policy
decision of the government.

Deemed Consent: When the Board fails to grant or refuse the consent for discharge
within a period of four months, the consent "shall be deemed to have been given
unconditionally on the expiry of four months.

Section Concerned-25

In Vijayanagar Educational Trust v. Karnataka State Pollution Control Board (2002),

the court had an occasion to decide when the consent shall be treated as “deemed”
consent. In this case, the Vijayanagar Educational Trust wanted to establish a medical
college and it applied for “consent” to the Karnataka Pollution Control Board which
was refused. The trust went in appeal to the National Appellate Authority which
rejected its appeal for deemed consent. The High Court found fault with the
procedure and refusal to give deemed consent as the application to obtain consent
was filed on 27 November 1999 and the Board did not do anything with the
application except to write a letter on 9 February 2000 to organize a site inspection.

Later on, the Board refused to grant consent on 28 May 2000. Thus, this order was
passed after four months scheduled period under the Act. Further, the Board was
neither heard nor given an opportunity of being heard. Thus, the Board acted
contrary to provision of this act and therefore court treated it consent after expiry of
4 months.

Section Concerned-18

In Re Bhavani River Sakthi Sugars Ltd (1998), the Tamil Nadu Pollution
Control Board issued directions for proper storage of effluents and their proper
treatment and disposal in a lagoon under Section 33-A.
Despite enough time given to comply with the directions, no remedial steps were
taken by the industry. These directions were not properly complied with.
Therefore, direction for closure were issued by the Board which were
upheld by the Supreme Court.

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

Some small quantity of gases, SPM or vapour is tolerable or cannot be designated as

pollutants, unless and until the concentration of such thing reaches such a volume
that it becomes injurious. For example, sound at low pitch is acceptable and liked,
but sound at a very high pitch (known as noise) is not acceptable and becomes a
health hazard. The same is true of other gases, liquids and solid substances. A small
quantity of pollutants usually does not affect human health adversely.
Such quantity or volume may be described as permissible/tolerable limit as nature
also has its self-purification mechanism. But if the volume or the quantity of the
pollutants is such which is deleterious/injurious to the health of human beings, flora,
fauna, etc., it becomes environmental pollution.

SCOPE
1. Regulation of Air Quality: The Act provides for the prevention, control, and
abatement of air pollution, both ambient air quality and emissions from
industries and vehicles.
2. Establishment of Pollution Control Boards: The Act empowers the central and
state governments to establish Pollution Control Boards (PCBs) to implement
its provisions.
3. Emission Standards: It sets emission standards and guidelines for industries
and vehicles to ensure that they comply with environmental norms.
4. Monitoring and Enforcement: The Act empowers PCBs to monitor air quality,
inspect industrial premises, and take necessary enforcement actions.

LIMITATIONS

1. Challenges in Enforcement: Enforcement of the Act can be challenging,

especially in densely industrialized areas with numerous sources of pollution.
2. Resource Constraints: Limited resources, both human and financial, can hinder
effective implementation and monitoring.
3. Technological Advancements: TheAct may not always keep pace with rapidly
evolving technologies and industries, requiring periodic updates.

OBJECTIVES

1. Prevent Air Pollution: The primary objective is to prevent and control air
pollution to protect the environment and human health.
2. Emission Control: The Act aims to regulate emissions from industries and
vehicles, ensuring they meet prescribed standards.
3. Promote Sustainable Development: By controlling air pollution, the Act seeks
to promote sustainable development and balance industrial growth with
environmental protection.
4. Create Accountability: It establishes the legal framework to hold industries
accountable for their emissions and encourages the "polluter pays" principle.

NATURE

1. Legal Framework: The Air Act is a statutory law enacted by the Indian
Parliament, and its provisions are legally binding.
2. Regulatory: It is a regulatory law that sets forth rules and standards governing
air quality and emissions.
 3. Environmental Protection: The Act's primary nature is to protect the
environment, specifically addressing air quality and pollution.
4. Public Health: It is closely linked to public health, as air pollution can have
adverse health effects on individuals and communities.

In summary, the Air (Prevention and Control of Pollution) Act, 1981, is a

comprehensive legal framework designed to regulate and mitigate air pollution in
India. While it has made significant contributions to environmental protection and
public health, its effectiveness depends on proper enforcement and periodic
updates to address emerging challenges in air quality management.

APPLICATION AREA

1. Industrial Emissions: The Act applies to industries and factories that emit
pollutants into the air. It sets emission standards and regulations to control
and reduce air pollution from industrial processes.
2. Vehicular Emissions: It covers the regulation of emissions from vehicles,
including both motor vehicles and non-road mobile machinery. The Act
includes provisions for regulating fuel quality and emissions standards for
vehicles.
3. Ambient Air Quality: The Act extends to ambient air quality management,
where it empowers pollution control boards to monitor and assess air quality
in various regions. It sets standards for ambient air quality and prescribes
measures to maintain or improve it.
4. Fuel Quality: The Act regulates the quality of fuels, particularly those used in
vehicles and industries, to control emissions. It mandates the use of cleaner
fuels and sets standards for their composition.
5. Emission Control Equipment: The Act covers the installation and maintenance
of emission control equipment and devices in industrial processes and vehicles
to reduce emissions.
6. Emission Standards: It establishes emission standards for specific pollutants
like sulfur dioxide (SO2), nitrogen oxides (NOx), particulate matter (PM), and
volatile organic compounds (VOCs) to limit their release into the atmosphere.

Functions of various organs

Central Government:

 Policy Formulation: The central government is responsible for formulating

national policies and programs related to air pollution control and
management. It sets broad policy directions and objectives to address air
quality issues at the national level.
 Standards and Guidelines: The central government is empowered to prescribe
standards and guidelines for emission limits, fuel quality, and other
 parameters to control air pollution. These standards provide a benchmark for
both the state governments and industries to follow.
 Research and Development: It promotes and funds research and development
activities related to air pollution control technologies and strategies.
 Coordination: The central government coordinates and facilitates cooperation
between state governments, industries, and other stakeholders to address
regional and national air pollution issues.

State Governments:

 Implementation: State governments are responsible for implementing the

provisions of the Air Act within their respective states.
 Pollution Control Boards: State Pollution Control Boards (SPCBs) are
established by the state governments to enforce the Act's provisions. SPCBs
issue permits, monitor air quality, and take enforcement actions against
violators.
 Monitoring and Assessment: SPCBs regularly monitor and assess ambient air
quality within their jurisdictions. They establish and maintain air quality
monitoring networks.
 Enforcement: SPCBs are responsible for enforcing emission standards,
inspecting industrial premises, and taking actions against industries and
individuals that violate the Act.
 Regulations: State governments can formulate regulations and guidelines that
complement the central government's standards to address local pollution
concerns effectively.
 Public Awareness: They play a role in raising public awareness about air
pollution, its health impacts, and measures to reduce it.
 Compliance and Reporting: State governments ensure that industries and
entities comply with the Act's provisions and submit periodic reports to the
central government.

Pollution Control Boards (PCBs):

 Local Implementation: PCBs, both at the central and state levels, are
responsible for implementing and enforcing the Act's provisions in their
respective jurisdictions.
 Permitting: They issue permits to industries and entities, specifying emission
limits and compliance requirements.
 Monitoring: PCBs monitor air quality, industrial emissions, and compliance
with emission standards. They collect and maintain data related to air
pollution.
 Inspections: PCBs conduct inspections of industrial facilities to ensure
compliance with emission standards and other environmental regulations.
  Enforcement: PCBs take enforcement actions against violators, including
imposing penalties, closure orders, or other appropriate measures.

In summary, the Air Act establishes a cooperative federalism framework where the
central government sets standards and policies, while state governments and PCBs
play pivotal roles in implementing and enforcing those standards within their
jurisdictions. This division of responsibilities aims to address regional air quality
issues effectively while maintaining a consistent national approach to air pollution
control.

The Air (Prevention and Control of Pollution) Act, 1981 (Case Studies)

Sections 31A and 19 of Air Pollution Act, 1981- Assistant Engineer / Opposite party
No. 2 inspected Petitioner's factory and ordered under Section 31A of Act to close
down industry within one month and to shift industry to new location preferably to
an isolated site - Hence, this Application - Whether, order given by Assistant Engineer
was proper - Held, there was possibility of foul odour in nearby locality by poultry
feed and foul prepared by Petitioners - Under Section 31A Board was authorized to
give ordered in exercised of its power and performance of its functions under Act -
Under Section 19 of Act State Government could prohibit use of appliance other than
an approved appliance could be used in premises situated in an air pollution control
area - However, Board could ordered within ambit of Section 31A only on being
satisfied that industry emits air pollutant by which there was air pollution - If
Possibility of emission of foul odour in any area Board without finding that there was
emission of air pollutant could not clothe jurisdiction to give order - Further, Board
given order absence of finding that Petitioner's factory emits any air pollution which
define in Act - Thus, Board given order under Section 31A of Act to Petitioner without
jurisdiction

 Animal Feeds Diaries and Chemicals Limited vs. Orissa State (Prevention and
Control of Pollution) Board and Ors. (16.09.1994-ORIHC):
MANU/OR/0024/1995

In Orissa State (Prevention and Control of Pollution) Board v. Orient Paper Mills,
(2003) the rules were not framed under the Act to indicate the manner in which air
pollution control areas are declared, but areas were declared in Official Gazette. The
question involved was that whether in the absence of rules, "pollution control area"
notification would be contrary to this Act. The Supreme Court held that merely by
absence of rules, the State would not be divested of its power to notify in Official
Gazette any area declaring it to be air pollution control area.
In Chaitanya Pulvarising Industry v. Karnataka State Pollution Control Board (1987),
the court held that if consent has been granted by the Board with specific conditions
and they are not abided by, the consent can be taken back by the Board. In this case,
the industry failed to carry out the conditions specified in the consent order.
Therefore, the court decided that action could be taken against the erring industry
under of the Act and it could be punished accordingly. But before prohibitory order,
the Board must also take into consideration the problems which may arise from the
closure of an industry.

In Suma Traders v. Karnataka State Pollution Control Board (1998)", the petitioner
challenged the directions issued by the PCB to close the industry and its order to the
authorities concerned to stop the supply of electricity and water to the industry. The
petitioner pleaded that the directions issued by the Board were void as the State
Government did not delegate the powers to issue directions to the Board. The court
accepted the arguments put forth by the petitioner and quashed the directions
issued by the Board. The petitioner was an industry processing grain in Bangalore.
And it was alleged that the machine used for processing grain was causing air
pollution in the area.

The Calcutta High Court clarified in Alloy Steel Rolling Mills v. W.B. Pollution Control
Board (2005) that the direction issued by the PCB under Rule 3(2) of the Environment
(Protection) Rules, 1989 should not be interfered with unless and until there was a
proof of bias and perversity in such directions. In this case, the West Bengal Pollution
Control Board (WBPCB), on the report of the Expert Committee and
recommendations of the National Engineering and Research Institute (NEERI),
ordered the mill to change over from coal fired system to cleaner fuel system of
either gas or oil within a stipulated period.

The Board passed its decision under Rule 3(2) for the compliance with National
Ambient Air Quality Standards. It was further held that when the directions of the
Board are based on the basis of the recommendation of the High-Powered Expert
Committee, which examined the whole issue, the precautionary application.
Therefore, any action on the part of the court is uncalled for unless "the policy
decision is ex facie unreasonable and perverse". The court found that the decision of
the WBPCB was "taken in furtherance of public interest and in order to prevent
further degradation of air quality in or around Kolkata Metropolitan Area". The writ
petition was dismissed