NICMAR University, Pune

Legality in Sustainable Urban Planning:

Environmental Issues and Challenges
By

Adarsh Singh (P2270039)

Shivam Saurabh (P2270074)
Devansh Doshi (P2270075)
Harsh Kumar Yadav (P2270333)

MBA-ACM Batch-1
(2022- 2024)

A project thesis report submitted in partial fulfilment of the

academic requirements for the Master of Business Administration
in Advanced Construction Management
(MBA-ACM)
 ACKNOWLEDGEMENT

Researchers would like to express our sincere gratitude and appreciation to all those who
contributed to the successful completion of our major project on the topic "Legality In
Sustainable Urban Planning: Environmental Issues and Challenges."

First and foremost, researcher extend heartfelt thanks to project guide Dr. Yuvraj Dilip Patil,
Associate Professor whose invaluable guidance and insightful feedback played a pivotal role in
shaping this research. His expertise and support provided us with the necessary direction and
encouragement throughout the project.

We would like to acknowledge the support and cooperation received from our institution,
NICMAR University, for providing the necessary resources and a conducive environment for
undertaking this research. The library staff and technical support team deserve a special mention
for their assistance in accessing relevant literature and technological tools.

Our sincere appreciation goes to the respondents who participated in the survey and interviews,
sharing their experiences and insights on leadership communication barriers. Their willingness
to contribute to this study greatly enriched the depth and quality of our research.

Lastly, we express our gratitude to the entire academic community of the university for
fostering an environment that promotes intellectual growth and research endeavours. This
project has been a significant learning experience, and we are thankful to everyone who played
a role, directly or indirectly, in its successful completion.

Adarsh Singh(P2270039)
Shivam Saurabh(P2270074)
Devansh Doshi(P2270075)
Harsh Kumar Yadav(P2270333)

Date:21-02-24

ii
ETHICAL INFORMED CONSENT FORM FOR STUDENTS
TO CONDUCT ANONYMOUS ONLINE/OFFLINE SURVEY

Study Title: Legality In Sustainable Urban Planning: -Environmental Issues and Challenges
Student’s Name:
Adarsh Singh(P2270039)
Shivam Saurabh(P2270074)
Devansh Doshi(P2270075)
Harsh Kumar Yadav(P2270333)

Guide’s Name and Department:

Dr. Yuvraj Dilip Patil
Associate Professor
School of Construction Management
Ethics Statement
We make the declaration that
• We will conduct myself with honesty, objectivity, integrity, and fidelity.
• We will openly take responsibility for my actions and only make agreements, which I
intend to keep.
• We will not intentionally engage in or participate in any form of malicious harm to
another person or animal.
• We will respect human dignity, privacy, and autonomy.
• We will carefully and critically examine my work and the work of my peers.
• We will keep good records of research activities.
• We will not use unpublished data, methods, or results without expressed permission,
and give credit always where it is due.
• We will respect my peers and treat them fairly.
• We will avoid discrimination based on sex, race, ethnicity, or other factors that are not
related to scientific competence.
• We will obey relevant laws institutional rules and governmental policies.

Introductory Statement
The study entails various aspects of legality in sustainable urban planning which talks about
various issues and challenges. The thesis talks about recommendations that can be implemented
in policies for efficient development.

iii
What is the purpose of this study?
The purpose of our study is to make recommendations after proper analyses of various legalities
in sustainable urban development. There are various laws and regulations like Development
Control Rule, Forest Conservation Act, EIA Regulation- Green Zone & Regulations, National
Green Tribunal, Disposal of Waste Management, Smart Cities Mission & Challenges, and Five
Year Plan.
What will I do in this study?
The thesis work is divided into doctrinal and non-doctrinal studies. Doctrinal study comprises
armchair research which consists of a study of various books, journal whereas the non-
doctrinal method focuses on surveys and interviews.
How long will it take me to do this?
The survey is designed to be completed within approximately 2 months.
Are there any risks of participating in the study?
No, nothing is risky in this study
What are the benefits of participating in the study?
Participating in the study survey offers several benefits to subjects. Firstly, by sharing their
experiences and insights, participants contribute valuable data which will shape the research
outcomes. Furthermore, participants have the option to get a thorough grasp of the project's
findings, since the results may be provided with them upon request. This transparency ensures
that contributors are not only active participants in the research process but also recipients of
the knowledge generated, fostering a sense of collaboration and shared learning between
researchers and industry leaders
Will anyone know what I do or say in this study (Confidentiality)?
The participation was confidential and responses were anonymized in our research.
Will I receive any compensation for participation?
None.
Is there a different way for me to receive this compensation or the benefits of this study?
None.
Who can I contact for information about this study?
P2270075 Devansh Doshi (9726113986), P2270074 Shivam Saurabh (7077100769) and
guide Dr. Yuvraj Dilip Patil.

My return of this survey implies my consent to participate in this research and I have been given
a second copy of this form to keep for my records.

iv
 NICMAR University, Pune
DECLARATION

Researchers declare that the Project Work titled “Legality in Sustainable Urban Planning:
Environmental Issues and Challenges” is bonafide work carried out by us, under the guidance
of Dr. Yuvraj Dilip Patil, Associate Professor. Further researchers declare that this has not
previously formed the basis of the award of any degree, diploma, associate-ship or other similar
degrees or diplomas, and has not been submitted anywhere else.

Date: 21/02/2024 Adarsh Singh (P2270039)

Shivam Saurabh (P2270074)
Devansh Doshi (P2270075)
Harsh Kumar Yadav (P2270333)
MBA ACM- Batch 1 (2022-2024)
NICMAR University, Pune

v
NICMAR University, Pune

vi
 TABLE OF CONTENTS
Chapter Description Page No.
Title i
Acknowledgement ii
Ethical Consent Form iii-iv
Declaration v
Guide Approval vi
Table of Content vii
Executive summary viii
1 Introduction 1-11
1.1 Introduction
1.2 Objectives
1.3 Methodology
1.4 Scope & Limitation
1.5 Literature Review
2 Urban Planning: Environmental Issues & Challenges 12-20
2.1 Land Use Policies
2.2 Issues & Challenges
2.3 Smart Cities Mission & Challenges
2.4 Five Year Plan
3 Legal Aspects of Urban Planning 21-26
3.1 Hazardous Waste Management Rule
3.2 Punishment for Environment, Air, Water Act
3.3 Noise Pollution Control Rule
3.4 Biodiversity Act
3.5 Forest Conservation Act.
3.6 EIA Regulation
3.7 National Green Tribunal Act
3.8 Disposal of Waste Management
4 Judicial Scenario 27-29
5 Case Study 30-31
6 Conclusions & Recommendation 32-35
Annexure I 36-37
References 38-40

vii
 EXECUTIVE SUMMARY
The given thesis gives deep insight into urban planning, Environmental issues and challenges
that are caused due to rapid urbanization. For the development of any country, infrastructure
plays a very important place the thesis discusses deep insight into the land use policy. Since the
thesis is socio-legal research it will cover doctrinal (armchair research) as well as non-doctrinal
aspects (questionnaire and survey) of the research.

The First chapter of the research comprises of introduction that covers a basic aspect of the
thesis project like objectives of the research, methodology, scope and review. After careful
examination, the relevant literature thesis has been analysed to gain a deep understanding of the
topic.

The Second chapter which is Urban Planning: Environmental Issues and Challenges gives
deep insight into various land use policies for the Railway, Airport and infrastructure projects
and various issues and challenges which has been occurring due to urbanization ranging from
the conservation of heritage sites and environmental challenges in natural structures like rivers.
The chapter also talks about smart cities' mission and challenges along with a five-year plan
that talks about government plans for sustainable development.

The Third chapter comprises of legal aspect of urban planning which talks about various acts
related to urban planning in detail. Acts include Hazardous Waste Management, Biodiversity
Act, Forest Conservation Act, disposal of Waste Management and various punishments under
environmental, water and air acts.

The Fourth chapter of the thesis comprises various landmark judgments that are given by the
Honourable Supreme Court of India, the High Court and the National Green Tribunal. The
thesis examines and analyses the landmark judgement given by the court.

The Fifth chapter of the thesis comprises a case study where the problems faced by the various
infrastructure projects in terms of urban planning in different parts of India have been discussed.

The Last chapter consists of recommendations and a conclusion where valuable insight that
can be implemented by the policy or lawmaker is discussed along with a conclusion of the
project. Various research articles, journals and books that are used in project work have been
added in the references section categorically.

viii
 CHAPTER 1
INTRODUCTION
1.1 Introduction
The rapid growth of population and urbanisation is the major problem which is faced by
developing countries like India. Since the thesis is Socio-legal in nature research methodology
adopted is doctrinal (armchair research) and non-doctrinal (questionnaire and survey) nature.
The thesis gives deep insights on topics ranging from urban planning and its issues and
challenges in which various land use policies are discussed. The thesis gives analyses of the
legal aspect of urban planning in which various acts ranging from the Biodiversity Act and
Forest Conservation Act to punishment and rules for violation of the act. The project work also
gives information on various judgments given by an honourable court of India

1.2 Objective

⮚ To understand & analyse the importance of environment in the urban planning.

⮚ To study the issues & challenges in urban planning specifically relating to the
environment.

⮚ To analyse the laws relating to urban planning.

⮚ To make recommendations for the best practices for urban planning which lead towards
smart city planning

1.3 Research Methodology

Methodology: Socio-Legal Study

Part 1: Doctrinal Study (Armchair Research)

Part 2: Non-Doctrinal Study

Part 1. Doctrinal – Armchair Research: A comprehensive literature review was done

to build a strong basis for the investigation. This involves a thorough examination and synthesis
of existing scholarly articles, journals, books, and other relevant sources. The focus was on
understanding various leadership styles and communication strategies that have been adopted
globally, with a specific emphasis on identifying the most effective styles.

1
Moreover, the literature study explores the particular circumstances of the Indian construction
sector. The objective was to ascertain the distinct factors that facilitate or hinder effective
communication in leadership within this particular business. This comprehensive analysis
provides a theoretical framework and insights that inform the subsequent stages of the research.

Part 2. Non-Doctrinal Research

This segment encompasses empirical research methods and non-doctrinal approaches to gather
data, opinions, and insights directly related to urbanization plans and environmental concerns.

Data Sources: Collect data such as interviews and surveys

Approach: Researchers has used questionnaires as a tool to collect the data from the
stakeholder like urbanization planners, environmental experts, policymakers, and residents to
gain practical insights into the challenges and opportunities of urbanization planning. Employ
surveys to gather public opinion on urbanization planned issues. Integration of Combined
findings from both doctrinal and non-doctrinal studies to develop a comprehensive
understanding of urbanization planning's legal aspects and its real-world implications.

Survey

The survey aimed to gather insights from professionals in urban planning regarding sustainable
infrastructure and real estate projects. Questions included participants' definitions of sustainable
planning, government laws required during construction, and encountered legal hurdles in
project initiation or execution.

Data analysis

The survey conducted among the working professionals in the urban planning sector revealed
deep insightful data regarding their perspectives on sustainable infrastructure and real estate
projects. Analysis of the responses indicated that sustainable planning involves minimizing
environmental impact, promoting social equity, ensuring economic viability and also enhancing
community well-being. Participants emphasized the importance of incorporating
environmentally conscious practices, such as using eco-friendly materials, optimizing energy
efficiency, and promoting green spaces to foster resilience to climate change and also to
minimize negative environmental and social effects.

2
A non-doctrinal survey was conducted and a variety of questions was asked to working
professionals to get better insight into urban planning and its challenges for better conclusions
and recommendations.
The method of survey was a form was circulated. After carefully examining all the data
received from participants following analyses are done,

Fig. 1

The following figure outlines the type of Industry where our participant has done their
internship or job. In this survey, it is noted that around 20% of participants who are participants
were working for Infrastructure companies and around 10% for real estate companies.
Ques. 1 What is Sustainable planning of any Infrastructure/ Real Estate
project according to you?

Participants responded with different understandings which from analysis requires a more
proper understanding of the topic.

a). Sustainable planning for infrastructure and real estate projects revolves around designing
and managing developments to minimize environmental impact, promote social equity, ensure
economic viability, and enhance community well-being. This includes various considerations
like resource efficiency, resilience to climate change, urban design social inclusion, health and
also well-being, affordability, regulatory compliance, and certification. By integrating these
principles, projects can contribute to a more sustainable future.

b). Sustainable planning in infrastructure or real estate projects involves incorporating various
environmentally conscious and socially responsible practices. This may include using eco-
friendly materials, optimizing energy efficiency, promoting green spaces, and also considering
the long-term impact on communities. It aims to create developments that meet current needs

3
without compromising the ability of future generations to meet their own needs and minimizing
negative, fostering resilience environmental and social effects

c). Energy efficient planning for future needs and urbanisation.

d). Sustainable infrastructure systems are those that are planned, designed, constructed in such
a manner that ensures economic and financial, social sustainability over the entire infrastructure
life cycle

Quest. 2 Which government laws were required to be followed during

construction?

Different answers came from participants because of the variety of working industries in
construction varying from Real Estate to Infrastructure projects which include metro projects.
Different acts were required to be followed during their project life cycle phases some of the
responses are given below-

a) Water Act (1974) – which deals with effluent treatment of water

b) Biodiversity Act (2002)- which deals with usage of forest
c) Minimum Wages Act (1948)- which deals with a minimum wage that should be paid to
labour
d) Environmental Protection Act (1986)- laws related to the environment
e) Green Rating for Integrated Habitat Assessment- Method of assessing the building
f) State Housing Act (1945)- State laws relating to housing properties

Section 247 (Illegal erection and re-erection) - Whoever begins, continues or completes the
erection or re-erection of a building

• without having given the valid notice as required by sections 235 and 236, or before the
building has been sanctioned or it is deemed to have been sanctioned
• without complying with any of the directions made under sub-section (1) of section
238.

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1.4 Scope & Limitation of Study

The thesis explores urban planning and environmental challenges due to rapid urbanization. It
covers various aspects of land use policies, legal landscape, hazardous waste, biodiversity, and
waste disposal. The thesis also analyzes landmark judgments from Supreme Courts, High
Courts, and the National Green Tribunal, providing comprehensive insights into these issues.

While the given study aims to provide valuable insights into sustainable urban planning and
various environmental challenges, it also encounters certain limitations. Firstly, the reliance on
available data and also the literature might constrain the depth and breadth of the analysis,
Moreover, the geographic focus primarily on a developing country like India may limit the
generalizability of findings to other regions with varied distinct socio-economic and
environmental dynamics.

The case study discussed in thesis are limited to four states which are Gujarat, Uttar Pradesh,
Delhi and Bihar. The reason for selecting this place only is because researchers place of
inheritance Furthermore, the subjectivity inherent in the interpreting of data.

5
1.5 Literature Review

The literature review for this research project involved a meticulous examination of a diverse
range of research theories to establish a comprehensive foundation for understanding
environmental issues and challenges within the construction industry. The selection criteria for
this thesis were based on their relevance to the topic, publication in reputable journals, and
focus legality of sustainable planning in construction projects. The overall review process was
carried out systematically, with an emphasis on identifying common themes, methodologies,
and key findings across the selected thesis.

The literature review aimed to synthesize the collective knowledge from the selected thesis,
providing a very comprehensive overview.

1. Green Print on Urban Environmental Planning and Policies (2007)

Author-Renuka M. Prajapati, Neela B. Thaker, Maniben M.P. Shah

The author suggested ‘The Green Print method according to which well design integrated
system should be made for urban pollution problems. To implement strategy the author
suggested that policies should be made to address the problems of urban planning which
includes policies for waste management which includes waste avoidance, recycling and
handling of waste along with working on noise and water pollution policies. The action plan is
developing technologies, creating stringent laws and getting help from NGOs, Industries and
social communities.
Objective mapping – To understand & analyze the importance of environment in the urban
planning

2. The role of Surface Rail transport in Urban Cities (2007)

Author-Anjali Alekar and Anil Pedgaonkar

The paper focuses on low-cost techniques which can be used for cheap transport in urban areas.
The thesis highlights the problem that metro construction is very costly and to avoid it network
based on a feasibility study of Mumbai suburban should be increased by 20%. The thesis
suggests connecting existing network lines with new lines to reduce financial costs.
Objective mapping – To analyse the laws relating to urban planning.

6
3. Air pollution of Vadodara city (2007)

Author-R P Bane

The given paper talks about increasing levels of air pollutant which includes carbon dioxide,
and carbon monoxide levels. The objective of the thesis was to focus on the air quality index
and to determine the amount of pollution that has been increased due to traffic using GIS
mapping. Some key suggestions of the thesis include vehicular testing should be done by gas
analyzer, proper layout to control traffic and industries should be kept outskirts to prevent
pollution.
Objective mapping – The thesis highlights the objective to study the issues & challenges in
urban planning specifically relating to the environment as it will help in better understanding
pollution and its challenges

4. Energy and Sustainable Development (2007)

Author -Beena S. Khemchandani and Rajkumari J. Punjabi

The given paper focuses on the energy crisis and the effect of nonrenewable sources of energy.
The given thesis talks about encouraging sustainable development for clean energy. The thesis
highlights the facts that development should mean the distribution of resources equitably and
man should have an unbroken link with nature.
Objective mapping – The given thesis focuses on the objective which is To make
recommendations for the best practice for urban planning which leads towards “smart city
planning as the thesis gives various aspects of planning.

5. Irrigation and drainage system: Research and development in 21st

century (2002 Wiley Outlay library)

Author -Bart Schultz Daniele De Wrachien

The paper talks about Key challenges including affordability of new technologies, integrated
planning and management, constraints impacting system performance, accurate methods for
estimating crop water requirements, system efficiency, environmental impact assessment, and
capacity building for institutions.
Objective mapping – The thesis focuses on the objective of studying the issues & challenges
in urban planning specifically relating to the environment and the nature of various pollutants.

7
6. Impact of urban water supply and sanitation on health – The case of
Chennai (2007)

Author- Hemavathi Sekar, M. Karpagam

The paper talks about the importance of water sanitation to prevent diseases. The thesis
discusses on fact that Chennai city has a huge uncollected garbage which should be collected
to prevent jaundice. The thesis discussed that the most common disease because of unsafe water
is diarrhoea followed by typhoid. The conclusion of the research proves that the government
should implement more skills to increase the sanitation problem of water.
Objective mapping – The thesis focuses on the objective of studying the issues & challenges
in urban planning specifically relating to the environment to study in-depth knowledge of the
problem of pollution.

7. An Evaluation of CNG impact on Vehicular pollution control: The Delhi

Experience

Author -Ketan Mukhija and Yugank Goyal (2007)

The given paper focuses on the careful evaluation of CNG implementation considering all
scenarios side of using CNG which is Compressed Natural gas compared to its counterpart. The
research contributed in various parts like emission from various categories using methods like
normal dispersion modelling.
Objective mapping – The thesis highlights the objective -To analyse the laws relating to urban
planning. For proper recommendation.

8
8. Sustainable Urban Planned in Developing Countries: Lessons for Turkey

Author -LiShen, Jared M. Kyllo and Xulin Guo

The paper talks about Sustainable urbanization which is used for managing urbanization
development and also minimizing environmental and social impacts. The thesis talks about the
various aspects of planning, promoting mixed-use development, investing in efficient public
transportation, prioritizing urbanization of green spaces encouraging mixed-income housing
also Implementing energy-efficient building codes.
Objective mapping – The given thesis focuses on the objective of making recommendations
for the best practice for urban planning which leads towards smart city planning.

9. Textile Effluent and its Impact on Urban Ecosystem(2007)

Author-CA Chabndragade

The paper talks about the release of untreated water directly into the river and its harm to the
environment. The researcher carried out an investigation and found out that the COD level
which stands for Chemical Oxygen demand is very high and proper effluent treatment should
be done otherwise it will be a threat to livestock and aquatic life.

Objective mapping – The given thesis aligned to study the issues & challenges in urban
planning specifically relating to the environment.

10. Urban Planning and Environment: Strategies and Challenges

Author - Lakshmi Vyas

The given book comprises strong aspects of urban planning and environmental research topics
which includes a chapter related to the role of GIS in urban planning, Chapters on health
sanitation and various theories on air and water pollution. The book also talks about sustainable
development.
Objective mapping – To make recommendations for the best practice for urban planning which
leads towards “smart city planning and gain various insights from various research thesis

9
11. Urban land policies issues and opportunities

Author -Harold Dunkerly

The book talks about aspects of the rising cost of urban land, evaluation of urban land cost and
benefits, some special characteristics of land and Intervention through land use regulation.

Objective mapping – The thesis aligned with the objective of understanding & analysing the
importance of environment in the urban planning

12. Infrastructure development issues and country experiences

Author - Dhandhapani Alagiri and E Naveen Kumar(ICFAI books)

The book gives insight into Infrastructure growth in developing countries, Infrastructure
policy in India and the pricing of Infrastructure.
Objective mapping – To study the issues & challenges in urban planning specifically relating
to the environment.

13. Town planning

Author- S.C. Rangwala

This book gives deep insight into the evolution of planning, zoning and ways to improve traffic
management and some aspects of effective town planning.

Objective mapping -The book aligns with our research thesis objective to analyse the laws
relating to urban planning.

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14. Infrastructure development and its Environmental impact study on
Konkan railways

Author -Prabha Shastri Ranade

The book gives insights into population growth, Population displacement and railways from a
historical perspective. Land use changes and land acquisition process for infrastructure projects
like Konkan rail.

Objective mapping – The book aligns with our research thesis's objective to analyse the laws
relating to urban planning.

15. Sustainable Urban planning

Author -Suba Singh ABD Publisher

The book talks about the principle of public transport and its planning, Urban ecology, urban
growth boundary and sustainable urbanism.

Objective mapping –To understand & analyze the importance of environment in the urban
planning.

16. Urbanisation in India - problems and solution

Author - -D. Pulla Rao

The book talks about problems and issues of urbanisation in India and the need for operational
planning. The book also talks about urban management and local partnerships.
Objective mapping –To study the issues & challenges in urban planning specifically relating
to the environment.

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 CHAPTER 2

URBAN PLANNING: ENVIRONMENT ISSUES & CHALLENGES

Introduction

"Urban Planning: Environmental Issues & Challenges" explores the critical connection between
the urban development and environmental concerns. It also highlights the multidimensional
nature of the urban planning in addressing the complexities of rapid urbanization, , and the need
for sustainable strategies and environmental degradation. The given study aims to provide
insights into policies and initiatives that navigate the delicate balance between urban
development and environmental preservation.

2.1 Land Use Policies

Land use policy is the one of the vital components of urban planning, determining how the land
is designated for residential, commercial, industrial, and recreational purposes. It also aims to
achieve sustainable development, guide growth, and minimize environmental impact by
strategically organizing spatial activities. The policy plays a crucial role in the shaping the
physical, social, and economic aspects of a region, contributing to orderly development and
improved quality of life.

2.1.1 Land Use Policy for Railway (1989)

Land use policy for the railways involves the strategic allocation and also regulation of land
for the planning, operation of railway infrastructure and development The key components of
the land use policy for railways include:

• Allocating the land for the railway-related industries, such as the maintenance facilities,
freight terminal and also warehouses, to enhance operational efficiency of system.
• Distance Limit: Typically ranges from the 15 to 30 meters (49 to 98 feet) between
different railway tracks and the adjacent properties.
• Construction Limit: Usually, buildings near the railway tracks have height restrictions
the ranging from 8 to 12 meters (26 to 39 feet) to ensure the safety and visibility.
• Specific zoning regulations which are designate areas around the railway tracks for
industrial, commercial, or residential purposes, with restrictions on building density and
height.

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 • Noise levels which are near railways and are usually regulated to be below 70 to 75
decibels during the day and also around 60 to 65 decibels at night for the residential
areas.
• Buildings which are near railway tracks must adhere to safety standards regarding the
materials, structural integrity, and setback requirements to minimize risks associated
with the train operations.

2.1.2 Land Use Policy for Airport

The regulations for land ownership around an airport in India are primarily governed by the
Airport Authority of India (AAI) and the Ministry of Civil Aviation. Here are some key points
to consider:

• Airport Authority of India (AAI): The AAI is responsible for managing and developing
civil aviation infrastructure in India, including airports. They have the authority to
acquire and manage land for airport purposes.
• Airport Influence Zone (AIZ): The AAI defines an Airport Influence Zone around an
airport, which includes the airport area and the surrounding region. The size of the AIZ
varies depending on the airport's category and other factors.
• Land Acquisition: The AAI may acquire land within the AIZ through the Land
Acquisition Act, of 1894, or other relevant legislation. This allows them to acquire
private land for airport expansion, safety, security, or other operational requirements.
• No-Objection Certificate (NOC): If you own land within the AIZ, you may require a
No-Objection Certificate from the AAI for certain activities, such as construction,
modification, or development of structures. The NOC ensures that the proposed
activities do not interfere with airport operations.
• Height Restrictions: Due to aviation safety concerns, there may be restrictions on the
height of structures within a 20 Km radius around the airport. These restrictions are
meant to prevent obstacles that could hinder aircraft take off, landing, or navigation.
• Zoning Regulations: Local urban planning authorities, in coordination with the AAI,
may establish zoning regulations or land use plans for areas around airports. These
regulations define the permissible land uses, building densities, and other development
parameters to maintain the safety and security of airport operations.

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2.1.3 Land Use Policy for Highway

The amended National Highways Act, of 1956 defines the property of the acquisition for
national highway development and the related purposes as the Central Government’s
announcement of the intent to buy land for a public purpose relating to the construction,
maintenance, or operation of a roadway.

Selected responsible authorities oversee the process and notify all parties concerned by
publishing announcements in the local press. Authorized workers are permitted to conduct
surveys and assessments on designated land. These procedures ensure a systematic approach to
land acquisition that upholds due process, protects landowner rights and serves the public
interest.

As per the National Highway Authority of India

• The minimum distance beyond which a building can be constructed on a national

highway depends on the right of way usually for four-lane roads 45-60 meters are
acquired from the centre of the road alignment. Beyond this future setback decided by
the planning authority,
• As per Indian Road Congress guidelines for national and state highways, for building
line is 80 meters (between the two building lines)
• As per Indian Road, Congress guidelines for national and state highways is control
line is 150m (between two control lines)
• Right of way for the highway is approximately 300’ or 90 meters

2.2 Issues and Challenges

This thesis drives into various issues and challenges ranging from protection of monument
challenges for monuments and dumping rules

2.2.1 Protection of Ancient Monuments (2010): Protection and conservation of ancient

monuments are of prime importance because the Heritage sites act as an identity for this fast-
moving world. It is important as it is the history of the nation and attracts tourism. Besides
this, the political, social, and cultural Integrity preservation is done through ancient
monuments.

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As per the latest UNESCO ranking, India is ranked 5th globally for maximum world Heritage
sites

Features of the act are as follows:

• The AMASR act preserves archaeological sites, historical sites, and national importance
remains that are more than 100 years old.
• The acts regulate the excavations and protect sculptors and similar objects
• A strict law for prohibition of construction around 100 meters of any national
importance monument. Special permission is required by the AMASR for the
construction of sites extending 200 meters from the sites.
• Special permission is required from AMASR required for construction of sites in buffer
zone.

Deterioration of monuments and heritage sites is a need of the hour. The major reasons behind
the deterioration of Heritage sites are natural causes which include Air pollution, floods, and
Moisture. The other end is anthropogenic causes which include Fire, Urbanization, and
Vandalism.

• The major problems which are faced by the authority are as follows-
• Conservation of Monuments requires skills and manpower to carry out these activities
are in shortage.
• Pre-disaster management sites are given very little importance
• lack of means to carry modern engineering techniques
• Ignorance of the ordinary people towards the culture and history of monuments
• Ever-increasing population and unplanned manner of urban planning
• Spitting and Inscribing messages is a major challenge for these masterpieces.
• Law is not signet enough for effective deference
• The air and water pollution create a threat to the foundation of the Taj Mahal.

In the Constitution of India, the protection of the places which are of national importance is
primarily addressed through the Directive Principles of State Policy and the various
Fundamental Duties.

15
Directive Principles of State Policy (DPSP):

• Article 48 directs states that in order to organize agriculture and animal husbandry on
the modern and scientific lines and to take steps for preserving and improving the breeds
of cattle.
• Article 49 emphasizes on the protection of the historical monuments and also objects of
the national importance.
Fundamental Duties:

• Article 51-A(f) imposes the duty on citizens to value and preserve the rich heritage of
the composite culture and tradition.
• Article 51-A(h) emphasizes on the duty of the citizens which is to develop the scientific
temper and the spirit of inquiry and humanism,

2.2.2 Protection of River

River pollution has become one of the major problems in countries like India. According to
the Central Pollution Control Board data, in 2018 around 351 river stretches are polluted in
India. According to the CPCB (Central Pollution Control Board), untreated wastewater is the
biggest problem in India. According to the 2021 report 72,368 million litres per day (MLD) of
sewage is generated and only 26,889 MLD capacity is treated. Direct disposal of Untreated
water releases BOD (Biological oxygen demand) which can be understood as an increased
level of pollution in rivers.

The major problems and issues why Indian Rivers are polluted are given as follows:
• Countries that are developing like India have shown a rapid phase of urbanization due
to which wastewater generation and collection of it is increased.
• Unrestricted throwing of harmful effluent leads to toxic chemicals in rivers resulting in
polluting them
• Due to heavy rain surface runoff from farmland which includes fertilizers and pesticides
results in pollution.
• Dead bodies that are cremated on the banks and also partially burnt bodies cause
pollution.

16
The laws related to Water pollution Act (1974)

• Prohibits the discharge of pollutants beyond the prescribed standards into streams,
wells, or sewers.
• Requires obtaining consent for the establishment and operation of industrial plants,
handling hazardous substances, or discharging pollutants.
• Grants authorities the power to prescribe standards for the quality of water in streams
and wells.
• The act has power to Authorizes inspection of premises, records, and equipment.
• The act Empowers authorities to monitor and analyse water quality.

According to the water act 1974: Fines and Punishment

• Discharge of the pollutant without the consent of authority has fine up to 1 lakh rupees
• Non-compliance with the Industrial standard has fine up to 1 lakh rupees (may vary with
severity)
• Failure to comply with the order of pollution control board up to lakh rupees
• Violation of the water quality standards up to 1 lakh rupees
• Non-compliance with the direction for the closure and regulation up to 1 lakh rupees

3. Dumping Site

The waste collection system of India is very poor with 43 million tons of the generated waste
being collected, improper disposal of garbage, and very little sorting of recyclable material. The
major fact is that India has inefficient infrastructure and dumping of landfills are major
challenge

Challenges that arise due to dumping sites are as follows:

• As the population and urbanization are increasing in the most rapid way improper
disposal is a major problem.
• Improper dumping of sites may lead to contamination of groundwater, soil, and water
causing health hazards and various diseases.
• Challenges by local authorities include problems such as poor community engagement,
political interference, and understaffing.

17
 • The need for financial and government aid for technological advancement is a need of
the hour.
• These types of challenges result in disease outbreaks, inconsistency in collection, and
loss of natural beauty.
• Release of toxic substances like waste from pharmaceuticals, E-waste, and Mercury
released from fluorescent lamps, with an increase in urbanization batteries, television is
also increasing.
• Landfills have the layer structure of accumulation of waste which releases heavy
amounts of CO2.
• Breeding of insects and pests like mosquitoes and flies can lead to serious problems
related to health.

Laws for Solid Waste Management: Regarding Construction Debris

Construction and Demolition Waste Management Rules (2016)
• According to the law every waste generator, local authority and state, union territory
governments which are involved in the generation and management of the construction
and demolition waste.
• Waste generators which are required to segregate construction and demolition waste at
the source and ensure its storage in the separate bins.
• Stakeholder which are associated with the policy must ensure that construction waste is
handed over to authorized agencies or processing facilities.
• The rules require to state local authorities to identify and authorize various construction
and demolition waste processing facilities.
• The act emphasizes promotion of the recycling and reuse of construction and the
demolition waste to minimize the burden on landfill sites.
• Construction and the demolition waste must be stored in accordance with the guidelines
provided to prevent it from adverse environmental impacts.
• The transportation of the construction and demolition waste must comply with the
guidelines to prevent spillage and ensure safety.
• Local authorities are allowed to levy user fees for the collection, disposal, and
processing of construction and demolition waste.

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2.3 Smart Cities Mission & Challenges
The Smart Cities Mission was launched on June 25, 2015, with the key objective of promoting
cities to provide core infrastructure, a clean and sustainable environment, and give a decent
quality of life to their citizens through the application of smart solutions. Their objective is to
promote cities with core infrastructure and sustainable environment and it works on three
development models which are Retrofitting, Redevelopment, and Greenfield.

Smart city's mission includes various missions that should be implemented E-governance and
Citizen service, waste management (which includes waste to energy, recycling, and reduction
of waste), Energy management (which includes sustainable energy efficient building), and
smart water meter and management.

Some of the Policies:

a) The National Urban Housing and Habitat Policy (NUHHP) 2007 addresses the housing
needs of the urban poor and also ensures sustainable urban development.
b) The National Urban Transport Policy (NUTP 2006) focuses on the promotion of
sustainable and efficient urban transportation systems that reduce congestion and
pollution.
c) The National Environment Policy (NEP 2006) which sets out the guidelines for the
strategies of environmental protection, conservation, and sustainable development,
d) National Water Policy (NWP 2012) provides a very good framework for the sustainable
management and also conservation of water resources.
e) The National Policy on Solid Waste Management (NPSWM 2012) emphasizes waste
reduction, segregation, recycling, and also proper disposal to address various urban
waste challenges.

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2.4 Five-Year Plan (1950)

The planning commission was set up in the year 1950. The term economic planning is the word
that describes long-term goals with the efficient utilization of resources. The objectives of the
5-year plan are:

• High growth and improved standard of resident

• The self-reliant economy
• Modernization of the economies
• Increased comprehensive and sustainable goal

The five-year plan of 2012-2017 emphasizes the objective of more sustainable as well as
inclusive growth. The target was to add 88,000 MW of the power generation capacity. A five-
year plan is important to match sustainable urbanization development by increasing the share
of renewable energy or reducing greenhouse emissions in the environment.

In the year 2015, NITI Aayog was set up and the planning commission was dissolved. The NITI
Aayog approaches towards planning are in the consultive manner and with the input of various
governments. India’s commitment as per NITI Aayog is to promote more sustainable
development and has given many schemes like Smart cities (Which also promotes good
infrastructure), Swachh Bharat Mission (which aims to achieve the 100% scientific
management of solid waste).

NITI Aayog summarized as follow:

• The 5-year plan of the NITI is Accelerating Economic Growth and Development
• Improving the Healthcare and Education Infrastructure of the developing cities in India
• Focusing on the Infrastructure Development and Urbanization for growing population
• Promoting Digital Transformation and Innovation
• Addressing the Environmental Sustainability and also the changing Climate Change
• Supporting Rural Development and Agriculture Modernization

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 CHAPTER 3

LEGAL ASPECT OF URBAN PLANNING

Implementation of Legal laws plays very important role in the developing countries like India.
This chapter drives into various acts and laws ranging from Hazardous waste management,
Biodiversity act for sustainable development and various punishment for violation of laws. The
chapter also highlights EIA regulation green zone and waste management rules.

3.1 Hazardous Waste Management Rule (2016)

The law is passed by the Ministry of Environment, Forest and Climate Change for the
effective implementation of proper environmental management. The law was implemented in
17000 towns and various municipal corporations and cities. For the first time, Hazardous
waste was differentiated from other waste which Includes waste tire, metal scrap, thesis waste
and others.

Some important legal laws which are revised are as follows:

• The act mandates municipalities to levy fees for the disposal of waste management and
make the individual responsible for the disposal of their garbage.
• It Includes steps to handle hazardous waste ranging from Prevention, Minimization,
reuse, recycling and safe disposal.
• The law was amended in the year 2019 (Management & Transboundary Movement) and
the rules are as follows.
• Solid waste import has been prohibited which includes SEZ (Special Economic Zone).
• Electrical and Electronic assemblies and components that are defective are required to
be directly exported without permission of the Ministry of Forest and Climate Change.
• Industries that do not require consent from the Water Act 1974 and Air Act 1981 are
exempted from requiring authorization to provide hazardous waste if it is generated and
given to proper disposal facilities.

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3.2 Punishment for Environment, Air, Water Act

Offences recognised under The Water (Prevention and Control of Pollution) Act, 1974

• Prohibition on the use of streams or wells for disposing of off-polluting matter:

Non-compliance with this provision can lead to imprisonment for one and a half years
up to six years.
• Failure to follow the directions given by the Concerned Pollution Control Boards:
guidelines mentioned in their certificates issued by the board, will attract jail time of up
to three months and a fine of up to Rs. 10,000. If failure to comply continues, this will
attract an additional penalty of Rs. 5,000 per day.
• Failure to follow the order of the Court's directions: under this provision, jail time
for 1 year and 6 months, which might extend to six years along with a fine. A 5000 per
day additional fine can also be levied if the non-compliance continues.
• Contaminating water reservoir or public spring: If a person intentionally pollutes
the water of a public spring or reservoir and makes it unfit for use or consumption, the
punishment is jail time of up to 3 months and a fine of up to Rs. 500 or both.
Offences and Punishments Under Air Pollution Act (1981)

• An industrial plant is set up or operated without proper permission: The

punishment is jail time of one and half years to six years, along with a fine of Rs. 5,000
(maximum) can also be imposed for each day it continues. If such failure continues for
more than a year, then the offender can be punished with jail time for two to seven years,
with a fine.
• Use of vehicle in unsafe condition: The punishment is a fine of Rs. 1,000 for a first
offence and Rs. 2,000 for a second offence.
• Violation of PUC (Pollution Under Control) Certificate: The punishment is a fine of
Rs. 10,000.
• Environmental pollution: pollution of air, water or land: The punishment is jail time
up to 5 years along with a fine that may extend to Rs. 1,00,000. Continued failure to
comply with the law will lead to an additional fine of Rs. 5,000 for every day of non-
compliance.
• Releasing of harmful pollutants into the environment: The punishment is a fine of
Rs. 500.

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3.3 Noise Pollution Control Rule (2000)

Noise is defined as an unpleasant or undesirable sound. According to the World Health

Organization sound above 65 decibels is termed noise pollution. Noise has a high amount of
harmful effects like Insomnia, Anxiety, and physical and mental fatigue. Major causes of noise
pollution are road traffic, public gatherings and construction sites.

Noise is an air pollutant according to the Air (Prevention and Control of Pollution) Act. :

• The Central Pollution Control board has given criteria for different areas of the zone
which are 50 dB, 55 dB and 75 dB in silent, Residential and Industrial Zone during day
time and 40,45 and 70 dB during night time.
• An area not less than 100m around the hospital, the school will be a silence zone and
the horn shall be as low as possible.
• A loudspeaker should not exceed 75 dB in a public gathering.
• Sound-emitting firecrackers are not allowed in the silence zone
• Noise limit of manufacturing for two-wheeler 80 cc (Cubic Centimeter) is 75 Db
• For busy airports ambient air quality standards should be maintained and should not
exceed 70 Db during day time.

3.4 Biodiversity Act (2002)

The act was formed based on the urgent need for conservation as well as sustainable
management of various biological diversity. The act focuses on ways for the prevention of
habitat destruction, overexploitation of resources and pollution which is caused by human
activities. The act serves as useful for legality in sustainable urban planning because it provides
a systematic legal framework for the sustainable development of projects by taking into account
various biodiversity considerations. This in return ensures urban planning of any project takes
into account ecological sustainable development meeting the current needs and taking into
account future generations. Thus, it acts as an interlinkage link between biodiversity
conservation and urban development initiatives.

The main objective of the Biodiversity Act is the conservation of various biodiversity including
species that have genetic resources. The act promotes sustainable use of resources keeping long-
term viability in mind. It focuses on access and benefit sharing. One of the important aspects of
the act is it maintains Indigenous and local community rights which are useful over their

23
traditional knowledge and resources. The act was amended in the year 2023 and the following
are new amendment information. The new act defined various areas of high biodiversity value
which are eligible for additional protection. It also talks about various benefit-sharing
mechanisms. The new act requires monitoring of resources from foreign countries and the new
act is more open to research and development.

3.5 Forest Conservation Act (1980)

The forest is one of the most important parts of our ecosystem. Any living organism is primarily
dependent on the forest as it gives food, shelter and many other things.

The objectives of the Forest Conservation Act were to protect flora and fauna along with
different critical components and to form the Individuality and Integrity of the forest. One of
the main objectives of the Forest Conservation Act was to prevent land and conserve forests
before becoming industrial buildings. The act’s motive was to stop decline in the biodiversity.

An important section of the act includes Section 2 according to which usage of forest for non-
forest purposes like tea, and spices requires special permission and Section 3 according to which
advisory committee may be formed for the preservation of the forest.

In the year March 2021, various amendments to the forest conservation act had been made.

• Survey for subsurface natural gas and oil has been exempted from non-forest activities.
• Land that is required for railroad networks is free from the Forest Conservation Act but
some rules will be applied to compensate for forest land.
• Building checkpoints and eco-tourism activities will considered non-forestry uses.

One of the important amendments is the development of compensatory afforestation according

to which special funds will be provided and this Act ensures efficient utilization of funds for
afforestation, reforestation, and also for wildlife management endeavours.

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3.6 EIA Regulation (2006 amended in 2020)

EIA regulations about the green zones mandate that a certain percentage of land within real
estate development projects be designated for preservation, typically ranging from 10% to 30%.
These green zones aim to conserve natural ecosystems, including the forests, to mitigate
environmental impacts and enhance project sustainability. Additionally, stringent guidelines
govern tree-cutting activities, specifying the permissible number of trees that can be cut and
also requiring developers to obtain prior approval from environmental authorities. Compliance
with these regulations is crucial for project approval, with non-compliance subject to legal
penalties and project delays. EIA regulations mandate the allocation of a certain percentage of
land as green zones within real estate development projects. Typically, a minimum percentage
of the total land area, often ranging from 10% to 30%, must be designated as green zones. These
green zones are aimed at preserving natural ecosystems, including forests, to mitigate
environmental impacts and enhance the overall sustainability of the project.

By EIA regulations, specific guidelines are established for tree cutting within real estate
development projects. These guidelines typically stipulate the permissible number of trees that
can be cut down for construction purposes.

3.7 National Green Tribunal Act (2010)

NGT (National Green Tribunal) was established in October 2010 as a specialized body that can
handle any environmental dispute. The objective of NGT includes expeditious and effective
disposal of the cases that are related to the protection and conservation of the environment,
forests, as well as other natural resourcing formed to give relief and compensations for any
damages that are caused to persons and their properties. To handle the environmental disputes
which involve multi-disciplinary issues.

The NGT has regional benches in Chennai, Pune, Kolkata, and Bhopal making it more
accessible. The NGT plays a crucial role in safeguarding the environment and also ensuring
compliance with the environmental laws and regulations in India. It provides an accessible and
specialized avenue for addressing environmental concerns and disputes.

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3.8 Disposal of Waste Management Rule (2016)

With the heavy increase in population and urbanization waste management has become one of
the major challenges in a country like India. Scientific disposal of waste through various
processes which include segregation, collection and disposal is adopted very less which can
reduce the effect on the environment. It is projected during the year 2031 the MSW generation
will increase to 165 million tons and 436 million tons by 2050. According to the planning
commission report, 439 MW of power of unutilized undraped energy is pending to be used.

Salient features include:

• Sources of segregation should be channelized for reduction, reuse, and recycling.

• The generator has been introduced which can segregate waste into Wet (Biodegradable),
Dry (Plastic, Thesis and domestic hazardous wastes (diapers, napkins, empty containers
of cleaning agents, mosquito repellents, etc.) and handover segregated wastes to
authorized rag-pickers or waste collectors or the local bodies.
• New townships and Group Housing Societies have been made responsible for developing
in-house waste handling, and processing arrangements for bio-degradable waste.
• The developers of the Special Economic Zone, industrial estate, and industrial park to
earmark at least 5% of the total area of the plot or a minimum of 5 plots/ sheds for a
recovery and recycling facility

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 CHAPTER 4

JUDICIAL SCENARIO

M.C. Mehta vs Union of India (2002)

Issues: In a landmark ruling on September 23, 1986, the Court compelled the Delhi
Administration to address pollution from vehicles, setting a precedent for environmental
protection. Measures included sulphur reduction in diesel, lead-free petrol, catalytic
converters, pre-blend 2T oil, phasing out old cars, and benzene reduction. Additionally, it
mandated new vehicles to meet Euro-II standards by September 2000 and introduced the
polluter pays principle. This directive aimed to fulfil constitutional duties, safeguard public
health for current and future generations, and underscore the responsibility of authorities in
curbing emissions, ensuring cleaner air, and mitigating environmental degradation

Judgements: The court found that these hazardous industries contribute to the growth and
development of people. For instance, they produce chlorine, which helps in the disinfection of
water. These industries also contribute to the employment of people. Therefore, the final
decision of the judges was to move such factories to a less populated area so that they do not
pose a risk to human life. The court suggested that the government should adopt a national
policy on the location of these toxic plants. The government should thoroughly check if the
plants are posing a risk to the community.

M.C. Mehta vs Union of India (1987)

Issues: In the landmark decision environmental issues arising from hazardous industries near
Delhi were addressed. Violations of environmental laws led to degradation and health
hazards. The case highlighted State responsibility, the strict liability of industries, and the role
of public interest litigation in environmental activism, shaping Indian environmental
jurisprudence.

27
Judgments: The court recognized the importance of these polluting industries in the growth of
the economy and the creation of jobs. For example, chlorine is used to disinfect water. The
court ruled that such factories should be moved to less populated areas to reduce the risk of
human fatalities. The court also advised the government to establish a national policy on the
location of such polluting plants and to ensure they do not endanger the community.

Indian Council for Enviro-Legal Action vs Union of India (2011)

Issues: In the case addressed illegal mining activities in Karnataka and Goa, highlighting
environmental law violations and the state's duty to protect natural resources. It emphasized
sustainable development and PIL's role in holding authorities accountable and influencing
environmental governance in India.

Judgments: The court annulled the amendment as it violated Article 21. The Supreme Court
found that the authorities responsible for implementing the CRZ Notification have been
overworked and have limited control. The court ordered the establishment of Coastal Zone
Management Authorities to oversee the implementation of CRZ Notification and provide
advice to the Ministry of Foreign Affairs and the Government of India on matters related to
coastal regulation.

Gujarat Water Pollution Control Board vs Kohinoor Dyeing and Printing

Works (1993)

Issues: In the case cantered on untreated effluent discharge, violating environmental laws like
the Water (Prevention and Control of Pollution) Act, 1974, and the Environment (Protection)
Act, 1986. It emphasized regulatory responsibility, urging industries to adopt pollution control
measures for environmental sustainability.

Judgments: The judgment and order of the Learned Session Judge Surat is annulled and
annulled. The order of the Learned Magistrate Surat is confirmed. This Court hereby, of its
motion for a preliminary ruling, stays the execution, execution, and enforcement of the
judgment for one month from this date. Rule made supreme

28
 Delhi Pollution Control Committee vs Splendor Landbase Ltd. (2012)

Issues: the focus was on the company's breach of environmental regulations, notably the
Water (Prevention and Control of Pollution) Act, of 1974, and the Environment (Protection)
Act, of 1986. The judgment stressed regulatory accountability, urging industries to adopt
effective pollution control measures for environmental preservation.

Judgments: The court maintained the position that residential complexes are exempt from the
Water Act's application, whereas retail centres and commercial buildings are. The DPCC's
actions about residential complexes were ruled null and illegal, and writ petitions were granted
in this context. Prior authorization is required for retail malls and commercial complexes under
the Water Act and the Air Act. The court granted cross objections while rejecting the DPCC's
appeals. All interim orders are void, and each party is responsible for its expenditures.

Vellore Citizens Welfare Forum vs Union of India (1996)

Issues: The case addressed pollution of the Palar River, highlighting violations of
environmental laws. It emphasized the state's duty to safeguard the environment and the
industry's obligation to adhere to pollution control norms. Upholding the polluter pays
principle, it held industries accountable for environmental damage. Additionally, the judgment
applied the precautionary principle, advocating preventive measures amid scientific
uncertainty. The case showcased Public Interest Litigation (PIL) as a tool for environmental
advocacy, reflecting the judiciary's proactive stance in enforcing environmental laws. Overall,
it set crucial precedents in Indian environmental jurisprudence, affirming judicial commitment
to environmental protection and citizens' rights to a clean environment.

Judgments: According to section 3(3) of the Environment Protection Act of 1986, the court
ordered the central government to create an entity that would have the ability to deal with
problems about tanneries and other polluting businesses in Tamil Nadu. The authority was
tasked with classifying compensation, enforcing its distribution, and applying the polluter pay
and precautionary principles. It commanded the construction of treatment facilities, levied a
pollution fine on tanneries operating in particular locations, and required the closure of tanneries
that did not comply. Following TDS rules became required. Furthermore, the Madras High
Court formed a "Green Bench" to handle environmental cases. Tamil Nadu was ordered to
reimburse MC Mehta for his legal costs and was informed of his active participation.

29
 CHAPTER 6

CASE STUDY
To the study the legal and sustainable aspect of infrastructure project. Researcher has carried a
case study where four infrastructure projects from different places of India are studied and
analyses were done to get deep insight of the challenges face by the projects in terms of legality.

Yamuna Expressway (2009 to 2012): It is situated in Uttar Pradesh near Noida.

The environmental challenges which are faced during project are as follows

• Deforestation: Large-scale cutting of the forested areas for purpose of road

construction.
• Habitat Disruption: Disruption of the natural habitats as well as wildlife due to road
development activities.
• Water Pollution: Runoff from a road may lead to water pollution and harm aquatic
ecosystems
• Air Pollution: Increased in vehicular traffic which could contribute to air pollution
and impact air quality.

Durgawati Reservoir (2018 ) : It is situated in Bihar near Durgawati. It is an irrigational

project.

The environmental challenges which are faced during the project are as follows

• Loss of Forest Cover: Clearing forested areas for the purpose of reservoir affects
biodiversity and also the surrounding local ecosystems.

• Altered Hydrology: Changes in the water flow can lead to impact downstream areas and
aquatic habitats.
• Soil Erosion: Construction of activities which could lead to soil erosion and
sedimentation water quality issues.

30
Dwarka Expressway (2016): It is situated in between Delhi & Gurugram for transferring the
traffic.

The environmental challenges which are faced during the project are as follows

• Urbanization Heat Island Effect: Increased in urbanization could lead to higher

temperatures, creating urbanization heat island effects.
• Water Runoff: Increased impervious surfaces could lead to rapid surface runoff,
contributing flooding and water pollution.
• Air Quality: Greater vehicular traffic in the urbanization areas could worsen air
quality, impacting public health
Sardar Sarovar Dam (1987 – 2017): It is built on Narmada river for electricity and water
for Gujarat and Madhya Pradesh located in Gujarat.

The environmental challenges which are faced during the project are as follows

• Displacement of Communities: Large reservoirs often requires the relocation of

communities, which affects their livelihoods.
• Altered River Ecosystems: Impacts on the downstream river ecosystems, including
changes in sediment flow and water temperature
• Land Submergence: Submergence of the land could lead to a loss of agricultural land
and habitat

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 CHAPTER 7

CONCLUSIONS, LIMITATIONS AND RECOMMENDATIONS

Conclusions: In conclusion, the given paper delves into the critical intersection of
sustainability, environmental challenges and urban planning, particularly in the context of rapid
urbanization and population growth observed in developing countries like India. It also
highlights the pressing need for sustainable urban planning practices to mitigate environmental
degradation and also to promote the well-being of the residents amid exponential urban
expansion.

Despite existing laws that safeguard the environment, inadequate and legal frameworks,
enforcement mechanisms persist which leads to issues such as pollution, unplanned
urbanization and inadequate waste management. Through the comprehensive analysis of legal
dimensions, challenges, and recommendations, the given paper emphasizes on the urgency of
strengthening legal frameworks and governance to ensure effective sustainable urban planning
and various mitigate environmental risks.

Furthermore, the paper also encompasses various policies, acts, and the initiatives such as the
Smart Cities Mission, 5-year plan, Biodiversity Act which are aimed at promoting sustainable
urban development and addressing environmental concerns. The incorporation of the renewable
energy, waste reduction strategies and the heritage conservation efforts underscores India's
commitment towards achieving more inclusive and more sustainable growth. With the
establishment of the NITI Aayog, India's approach to the planning has evolved to embrace
consultative processes and diverse stakeholder input, emphasizing on the importance of
collaborative efforts the in promoting sustainable development and addressing environmental
challenges for a more resilient future.

32
Recommendation:

• Review and update laws like the Forest Conservation Act and National Environment
Policy to improve sustainable urban planning in India. This can be achieved by revisiting
the existing laws, such as the Forest Conservation Act (1980) as well as the National
Environment Policy (NEP 2006).
• Strengthen enforcement of urban planning and environmental laws with more
resources and authority for implementing agencies. enforcement of the laws which are
related the urban planning and the environment should be followed up in a better
manner.
• Involve citizens in decision-making through forums and awareness campaigns to
promote ownership of sustainable urban planning. Educating and training the public
about the importance of environmental conservation and their role in promoting
sustainable practices is crucial.
• Use technology and smart solutions for waste management, energy conservation, and
infrastructure development. Smart tech aids sustainable, resilient cities.
• Develop waste management strategies with source segregation and recycling to reduce
pollution and promote resource efficiency. Segregating waste, recycling, and proper
disposal mitigate pollution, promote resource efficiency, and enhance environmental
sustainability in urban areas.
• Ppromote green building practices, urban green spaces, and nature-based solutions to
mitigate urbanization's impact on the environment.
• Provide capacity-building programs for urban planners, government officials, and
stakeholders.
• Foster collaboration among government agencies, NGOs, academia, and community
organizations for sharing knowledge and best practices. Promote collaboration among
government, NGOs, and academia for sustainable urban planning.
• Offer incentives and recognition for adopting sustainable practices in urban
development projects.
• Establish monitoring and evaluation mechanisms to assess the effectiveness of
sustainable urban planning initiatives.

33
• Conduct workshops and campaigns to educate communities about sustainable
practices and environmental conservation.
• Develop robust disaster management strategies to protect heritage sites from natural
calamities. Regular assessments and feedback loops can help identify gaps, measure
progress, and inform future policy decisions for continuous improvement.
• Use advanced technologies like 3D scanning and digital mapping for preserving and
restoring historical monuments. Advanced technology should be used in a precise
manner.
• Promote responsible tourism to minimize negative impacts on heritage sites and
ecosystems while promoting cultural appreciation.
• Enforce environmental laws rigorously and ensure proper river protection and waste
management practices.
• Involve local communities in river conservation efforts and decision-making processes
related to environmental policies.
• Invest in modern waste management facilities to streamline disposal processes and
encourage recycling.
• Implement strict regulations and monitor dumping sites to prevent environmental
contamination and health hazards.
• Collaborate for holistic, sustainable urban solutions among planners, scientists, and
policymakers.
• Support research initiatives aimed at developing innovative technologies and
approaches for sustainable urban planning and environmental management.

34
Limitations of Study:

While the given study aims to provide valuable insights into sustainable urban planning and
various environmental challenges, it encounters certain limitations. Study limitations include
reliance on existing data and literature, geographical focus on India, limiting generalizability,
and subjective interpretation of data. The study's insights on urban planning and environmental
challenges are valuable but limited by reliance on existing data, focus on India, and subjective
data interpretation. Moreover, the geographic focus is primarily on developing countries like
India which may limit the generalizability of findings to other regions with varied distinct socio-
economic and environmental dynamics. The study offers valuable insights into sustainable
urban planning and environmental challenges, yet its reliance on existing data, India-centric
focus, and subjective data interpretation poses limitations. These constraints underscore the
need for further research with broader perspectives for comprehensive understanding.

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 ANNEXURE I

QUESTIONAIRE

https://forms.gle/k6RsZTc3miQsDbp2A

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37
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8. Shen, L., Kyllo, J. M., & Guo, X. (2007). Sustainable Urbanization Planned in
Developed Countries: Lessons for Turkey. *Journal of Urban Planning and
Development, 33(4), 215-227.

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Books:
1. Alagiri, D., & Kumar, E. N. (2007). Infrastructure development issues and country
experiences. ICFAI Books.

2. Chabndragade, C. A. (2007). Textile Effluent and its Impact on Urban Ecosystem.

Oxford University Press.

3. Cotton, A. P., & Taylor, W. K. (2007). Communities Initiatives in Urban

Infrastructure. Water Engineering and Development Sector.

4. Dunkerly, H. (2007). Urban land policies issues and opportunities. World Bank
Publications.

5. Gupta, A. K. (2008). Emerging Trends in Urban Land Policies. Oxford University

Press.

6. Joshi, R. M. (2009). Industrial Pollution and its Impact on Urban Ecology. Cambridge
University Press.

7. Kapoor, M. (2010). Suburban Growth and Environmental Challenges. Pearson India.

8. Kumar, A. (2012). Achieving Sustainable Urban Planning: Best Practices. ABD

Publisher

9. Ranade, P. S. (2007). Infrastructure development and its Environmental impact study

on Konkan railways. Concept Publishing Company.

10. Rangwala, S. C. (2007). Town planning. Charotar Publishing House.

11. Rao, D. P. (2007). Urbanisation in India: Problems and Solutions. ABD Publisher.

12. Schultz, B., & De Wrachien, D. (2002). Irrigation and drainage system: Research and
development in 21st century. Wiley.

13. Singh, S. (2007). Sustainable Urban Planning. ABD Publisher.

14. Smith, J., & Patel, R. (2013). Advancements in Water Management: 21st Century
Perspectives. Springer.

15. Vyas, L. (2007). Urban planning and Environment: Strategies and Challenges.
Macmillan India.

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Websites:
1. Byju Byju.com

2. Central Pollution Control Board: Central Pollution Control Board

3. Centre for Science and Environment: CSE India

4. Down to Earth: Down to Earth

5. India Today: India Today

6. Indian Institute for Human Settlements: IIHS

7. Legal Service Legalservice.com

8. Ministry of Environment, Forest and Climate Change: Ministry of Environment,

Forest and Climate Change

9. Ministry of Urban Development: Ministry of Housing and Urban Affairs

10. Supreme Court of India https://main.sci.gov.in/

11. United Nations Habitat: UN-Habitat

12. World Bank Urban Development: World Bank Urban Development

13. World Resources Institute India: WRI India

14. World Resources Institute: WRI

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