Module 1

Concept of Environment
● The environment is defined as the surroundings of an organism, including the physical and
chemical environment, and other organisms with which it comes into contact.
● It can also be defined as the sum total of all the living and non-living elements and their
effects that influence human life
● The natural environment is made up of all living and non- living things that occur
naturally, meaning not artificially.
● Section 2(a) of the 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

Anthropocentric v. Ecocentric approaches

● Anthropocentric means regarding humankind as the central or most important element
of existence, especially as opposed to God or animals.
● The anthropocentric approach to the environment emphasises human mastery and
authority over nature in specifying the ethical relationship between human beings and
the environment.
● Anthropocentrism regards the environment as a means to human interest.
● Traditional Views of Anthropocentrism:
○ Bryan Norton terms it as a strong anthropocentric attitude.
○ Rooted in Western philosophical and theological tradition.
○ Influenced by Judeo-Christian beliefs, traditional moral theories, scientific and
technological advancement, and economic systems.
○ Greek philosophers held the explicit notion that human beings were free of moral
obligation to the non-human beings and other forms of life. They thought that
everything in the natural world had a specific purpose for satisfying human needs.
○ Aristotle demonstrates that the natural world is created with a specific purpose
which is to satisfy human desires.
■ He evaluated nature in a hierarchical order based on having the quality of
life and reasoning ability.
■ According to him, Human beings bear the highest attributions that
empower them as the authoritative agent
■ Only human beings of all living things in nature deserve rational faculty
of the soul as additional attribution that provides them supreme authority
over others.
 ■ Nature has made all things specifically for the sake of man therefore plants
and animals were on earth for the instrumental use of man
○ Saint Augustine contends that only human beings hold cognitive faculty that
empower them to rule over nature. He describes that abstaining from killing
animals and destroying plants are regarded as the height of superstition.
○ Corresponding to Saint Augustine, Thomas Aquinas follows Aristotle in ranking
plants as lower than non-human animals and non-human animals as lower than
humans.
○ Judeo-Christian worldview encourages human beings to exploit nature through
technology.
○ Descartes argues that though animals and plants are alive, he nonetheless denies
that they are anything other than machines or thoughtless brutes
● Modern Views of Anthropocentrism:
○ Considered a weak version of anthropocentrism.
○ Proponents include John Passmore, William Frankena, Kristen Shrader-Frechette,
Don Marietta, and pragmatists like Ben Minteer, Bryan Norton, Eugene Hargrove,
and Andrew.
○ Solution to the environmental crisis lies in a competent application of the
traditional anthropocentric approach.
○ Values ascribed to non-human elements include aesthetic, educative, or restorative
aspects.
○ Emphasises sustainability of the environment.
○ John Passmore views the natural world as valuable for the benefits it brings to
humans.
○ Norton stresses human contact with nature as a source of moral responsibility
towards the environment.
○ Hargrove recognizes the intrinsic value of natural objects, emphasising the
importance of people ascribing value to elements of nature.
○ Gifford Pinchot advocates conservation for human welfare, considering nature
as a resource to be conserved.
○ Preservation movement holds that humans have a moral duty to protect the natural
world for its own sake, opposing greater access to and use of natural resources by
humans.
● Ecocentrism is a philosophy that prioritises the importance of all living things and their
environment. It's a nature-centred system of values, as opposed to human-centred.
● Ecocentrics prioritise the well-being of the Earth in their ethical, intellectual, and
practical deliberations. Ecocentrism places the primary focus on the ecosystem as a
whole, rather than looking at the environment from a human-interest perspective.
 ● The ecocentric ethic was conceived by Aldo Leopold and recognizes that all species,
including humans, are the product of a long evolutionary process and are
inter-related in their life processes.
● The writings of Aldo Leopold and his idea of the land ethics and good environmental
management are a key element to this philosophy.
○ In Land ethics, Leopold discusses the extension of human rights – from the moral
inclusion of some humans to all humans – and then uses this process to explain the
inclusion of collectives: The extension of ethics to this third element [the land] in
the human environment is an evolutionary possibility and an ecological necessity.
○ All ethics so far evolved rest upon a single premise: that the individual is a member
of a community of interdependent parts. The land ethic simply enlarges the
definition of the community to include soils, waters, plants, and animals, or
collectively: the land.
● Principles of ecocentrism
○ Holistic ideal: Integrates social, spiritual, and environmental dimensions.
○ Less materialistic: Emphasizes a less materialistic approach to life with greater
self-sufficiency of societies.
○ Humanity is part of nature: Claims that humanity is part of nature in its entirety
without special status.
○ Nature is central: Ecology and nature are central to humanity.
○ Rejects anthropocentrism: Rejects the idea that nature “exists to serve the needs
and interests of humans”.
○ Interconnectedness: Implies that all life forms are interconnected, so that what
affects one, affects all
● In the case of TN Godavarman v UOI, the SC has captured the difference between an
anthropocentric approach and an ecocentric approach to environmental protection in the
following passage: “ Anthropocentrism is always human interest focussed and non-human
has only instrumental value to humans. In other words, humans take precedence and human
responsibilities to non-human based benefits to humans. Ecocentrism is nature centred where
humans are part of nature and non-humans have intrinsic value. In other words, human
interest does not take automatic precedence and humans have obligations to non-humans
independently of human interest. Ecocentrism is therefore life-centred, nature-centred where
nature includes both humans and non-humans”.

Jurisprudential Perspective
● Understanding Earth Jurisprudence as a framework for environmental harmony and
justice. Exploring the legal shift towards ecocentric principles. Embracing indigenous
wisdom and biocultural rights.
 ● Tracing the evolution of legal perspectives on nature from anthropocentrism to
ecocentrism. Highlighting key environmental law milestones and their impact on
biodiversity conservation.
● Exploring the concept of granting legal standing to ecosystems and natural entities.
Examining landmark cases and the implications of ecognizing the rights of nature.
Emphasizing the need for ecosystem protection; legal personality of
nature/earth/environment and granting them rights and duties.
● Universe is the source of inherent fundamental rights not humans
● Everyone belonging to the Earth community enjoys those fundamental rights
● These rights are inalienable
● Human acts preventing other-than-human acts without due cause are unlawful
● balancing competing rights through deciding what is best for Earth not humans
● legal remedies for human activities violating fundamental rights
● restoration rather than retribution
● Elevating indigenous knowledge and practices in environmental governance. Recognizing
the sacred relationship between indigenous communities and the land. Upholding
biocultural rights as essential for sustainable stewardship.
● Navigating the complexities of legal pluralism in the context of Earth Jurisprudence.
Examining the integration of indigenous legal systems with state law. Embracing diverse
legal traditions for environmental protection.

T N Godavarman v UOI:
● Background:
○ In 1995, environmental activist T.N. Godavarman noticed illegal timber operations
in the Nilgiris forests, Tamil Nadu.
○ According to the section-2, any activity within any forest in any state all over the
country will be done with the approval of the central government and if not, the
central government has the authority to cease the premises.
● Judgement
○ The court has observed that the land belongs to the defendant and he has full right
over his property or premises but the activity that was happening at the premises
was illegal as according to the Forest (Conservation) Act, 1980, the deforestation of
the plantations was considered as illegal without the prior permission of the central
government or the forest department of the concerned district or area whether the
property belongs to government or an private individual.
○ With the above decision, in addition to it the court has also observed that there
should be a complete ban on the cutting of any kind of trees without the approval
to maintain the proper ecological balance and to preserve the biodiversity.
 ○ The cutting or felling of trees shall be applicable on everyone whether the railways,
roadways or the waterways need it. The state government has the authority to cut
trees that too with reasonable measures to ensure the proper ecological balance. No
other private individual was allowed to cut the trees.
○ Furthermore. The court has constituted different committees composed of
Principal Chief Conservator of Forests and another Senior Officer to oversee the
functioning of the committees to ensure proper functioning of the system.
■ State of Jammu and Kashmir
■ State of Himachal Pradesh
■ the Hill Areas of the U.P and West Bengal
■ State of Tamil Nadu
○ These are the states who were directed by the committees formed by the court for
the maintenance of the forests and to protect the mother nature.

Nature of Environmental Law

● Regulatory
○ Environmental regulation is a broad term that refers to any government
intervention in the market to protect the environment.
○ The most obvious forms of regulated activity involve the discharge of pollutants
into the environment. For example, the Environment (Protection) Act of 1986
authorizes the central government to control and reduce pollution from all sources.
● Multidimensional or multidisciplinary impacting subjects like Torts, Constitution,
Administrative law, Criminal Law etc
● International/Global

Need for Environment Law

● Pollution
● Climate Change
● Coexistence
● Wholesome and sustainable development
● Diversity of living being
● number of reasons but primarily our own surviva

Module 2

Sources of Environmental Law

● Judicial
 ○ The basic meaning of the term environmental jurisprudence is the protection of
the environment with various legal enactments.
○ Article 51A of the Constitution of India makes protection of the environment a
fundamental duty of every citizen of the country.
○ Further, Article 21 guarantees the right to life, wherein the right to environment is
a part.
○ The most characteristic feature of the Indian environmental law is the important
role played by the public interest litigation
○ It refers to litigation undertaken to secure public interest and demonstrates the
availability of justice to socially-disadvantaged parties and was introduced by
Justice P. N. Bhagwati and Justice V.R. Krishna Iyer.
○ It is a relaxation of the traditional rule of locus standi (before approaching the
court, one must demonstrate their legal capacity).
○ According to the doctrine of locus standi, a person who is stranger to a disputed
matter cannot be allowed to interfere in the judicial proceedings.
○ The Supreme Court of India says that a person with a bona fide interest in a PIL
can approach the court to address violations of fundamental rights and statutory
provisions. However, the person's interest can't be for personal gain or political
motive.
○ Justice P.N. Bhagawati in the case of S.P. Gupta vs. Union of India.
■ In this case it was held that “any member of the public or social action group
acting bonafide” can invoke the Writ Jurisdiction of the High Courts
(under article 226) or the Supreme Court (under Article 32) seeking
redressal against violation of legal or constitutional rights of persons who
due to social or economic or any other disability cannot approach the
Court.
○ M.C Mehta vs. Union of India: In a Public Interest Litigation brought against
Ganga water pollution so as to prevent any further pollution of Ganga water. The
Supreme Court held that the petitioner, although not a riparian owner, is entitled
to move the court for the enforcement of statutory provisions, as he is the person
interested in protecting the lives of the people who make use of Ganga water.
● Legislative
○ Wild Life (Protection Act), 1972
■ This act has been provided so that the wildlife which is an integral part of
the ecosystem can be protected and guarded against extinction. Under this
Act every State has to constitute a Wild Life Advisory Board. Certain
areas are to be declared as sanctuaries and National Parks. This Act is
basically for the protection of animals, plants and birds which live in
 forests. Hunting of the wild animals is permitted only when such animals
become dangerous to the human beings or it becomes diseased beyond
recovery.
○ The Indian Forest Act, 1927
■ Section 26(i) of the Act makes it punishable if any person, who, in
contravention of the rules made by the State Government, poisons water
of a forest area. The State Government has been empowered under
Section 32(f) to make rules relating to poisoning of water in forests.
○ The Water (Prevention and Control of Pollution) Act, 1974
■ National water law is more developed than international water law.
Nevertheless, India lacks an umbrella framework to regulate freshwater in
all its dimensions.
■ The existing water law framework in India is characterised by the
coexistence of a number of different principles, rules and acts adopted over
many decades.
■ These include common law principles and irrigation acts from the colonial
period as well as more recent regulation of water quality and the judicial
recognition of a human right to water.
■ The Water (Prevention and Control of Pollution) Act, 1974 is the first act
by the Indian government. This act empowers SPCB / PCC to enter
into industrial plants, factories, etc., and inspect plant, records
registers and documents.
■ It also Empowers SPCB / PCC to take samples of industrial effluents
and analysis of the same. This act has clauses which also Provides for
Criminal liabilities.
○ Air (Prevention and Control of Pollution) Act, 1981
■ The objective of the Act was to provide prevention, control and abatement
of air pollution. This Act basically aimed at industrial pollution and
automobile pollution.
○ Environment (Protection) Act, 1986
■ A cursory analysis of its Preamble makes it obvious that the objectives of
the enactment are three fold.
● 1) Protection of the environment
● 2) Improvement of environment
● 3) Prevention of hazards to
○ a) human beings
○ b) other living creatures,
○ c) plants and
 ○ d) property .
■ This is an umbrella legislation, that has a broad spectrum indeed. It covers
from Radio- Active Substances disposal to use of plastic bags.
○ The Noise Pollution (Regulation and Control) Rules, 2000
■ ‘Noise is a silent killer’, keeping in mind this valuable advice(which perhaps
may/ may not be the source of the acts revival), The Noise Pollution
(Regulation and Control) Rules, 2000, According to this act the State
Government shall categorise industrial, commercial, and residential or
silence zones and implement noise standards. Further it also restricts
the use of loudspeakers, amplifiers, beats of drum and tom-tom except with
the permission of the authorities.
○ The Serais Act, 1867
■ The Act enjoined upon a keeper of Serai or an inn to keep a certain quality
of water fit for consumption by “persons and animals using it” to the
satisfaction of the District magistrate or his nominees. Failure for
maintaining the standard entailed a liability of rupees twenty
○ Obstruction in Fairways Act, 1881
■ Section 8 of the Act empowered the Central Government to make Rules to
regulate or prohibit the throwing of rubbish in any fairway leading to a
port causing or likely to give rise to a bank or shoal.
● International Law
○ Article 38 of Statute of ICJ

Its Multidisciplinary nature

● Environmental studies is a multidisciplinary science that combines various fields, such as
biology, sociology, economics, and more.
● It combines scientific understanding of the natural world with insights into human
behavior, economic impacts, and ethical considerations.

Ancient Indian Approach

● India has always had a rich ancient tradition of protecting the environment which in turn,
has made the people of India worship and embrace nature in every way possible. Trees,
water, animals, land have an important mention in ancient Indian texts.
● Indian texts such as the Arthashastra, Sathapatha Bhramanas, Vedas, Manusmriti,
Ramayana, Mahabharata etc. enable us to understand the concepts of environment
conservation and maintaining forest ecology
● Also hymns in the four Vedas, Rigveda, Yajurveda, Samaveda, and Atharvaveda, reveal full
cognizance of the undesirable effects of climate change, distortion in ecological balance, and
environmental degradation; and appropriately caution against them.
● In the Rig Veda, it is mentioned that the universe consists of 5 basic elements: earth, water,
air, fire and ether
○ These five elements provide the basis for everything and man is ordained to
conserve them
○ It is further ordained that nobody will destroy vegetation and no one shall kill
animals
● In the Yajurveda, there is a mantra that emphasis that for universal peace, the conservation
and preservation of earth, sky, space, water, plants, forests and nature is required.
○ Yajurveda also emphasis on Yajna, a sacrificial fire done to worship one or more
deity and held purify the air and keep the environment healthy
○ In the Samaveda, yajna is considered as cause of biological evolution
● Bhagavata Gita Purana writes
○ ‘According to the different modes of material nature the mode of goodness, the
mode of passion and the mode of darkness — there are different living creatures,
who are known as demigods, human beings and hellish living entities. O King, even
a particular mode of nature, being mixed with the other two, is divided into three,
and thus each kind of living creature is influenced by the other modes and acquires
its habits also’.
● Hinduism considers nature as “body of god” and different aspects of nature, i.e plants
(tulsi), tree (peepal), birds (garuda) and animals (monkey/elephant) are worshipped. Thus
nature is directly interconnected with religion.
● Basic tenets of buddhism are simplicity and ahimsa (non-violence
○ Principle of simplicity teaches that a man should not overexploit the natural
resources, and focuses on sustainability
○ Ahimsa teaches that humans should not kill animals- love for fauna and flora
● Similar teachings in jainism
● According to Lord Mahavira- “To kill or to hurt any living being amounts to killing or
hurting oneself. The compassion of others is compassion to one’s own self.”
● According to the Quran, Allah created every living thing from water. In Surah 21, verse 30,
Allah says, "We made from water every living thing" (significance of purity of water).
○ Allah is considered to be the owner of land and mankind is the trustee or guardian,
whereas other living creatures are considered to be beneficiaries
● In Quran, reference is made regarding the environment which says- “Do not make mischief
on the earth”
 ● Christians baptize a new born child in the water, which denotes ‘purification from original
sins’.
○ Pope Paul VI, in his message to United Nations Conference on Human
Environment, held at Stockholm, 1972 stated that environment and resources are
for everyone; they are inalienable property of everyone, and there does not exit over
this universal property discretionary sovereignty exempting from responsibility
towards humanity of today and tomorrow.
● Sikh Religion states that every creature is an incarnation of god and hence conservation and
preservation are essential.

Common Law Remedies

Nuissance
● Nuisance is concerned with unlawful interference with a person's right over
wholesomeness of land or of some right over or in connection with it.
● The maxim 'Sic utere tuo ut alienum non laedas' which, in essence, means the use of one's
property so as not to injure another's, shows the ideological pith and substance of
nuisance law as evolved under the common law.
● The law on nuisance, is of two kinds: public and private nuisance. A private nuisance is a
civil wrong and a public or a common nuisance is generally considered as a criminal
offence.
● Private nuisance: Private Nuisance is that kind of nuisance in which a person’s use or
enjoyment of his property is ruined by another. It may also injuriously affect the owner of
the property by physically injuring his property or by affecting the enjoyment of the
property
● Section 268 of the Indian Penal Code, 1860, defines the term public nuisance and
section 290 of the IPC makes public nuisance punishable.
● Section 268 of the Indian Penal Code, 1960 defines the term public nuisance as an act or
omission of some act which results in annoyance or common injury to the public.
In simple words, it is an act which neglects the common good of the public and harms or
annoys them by causing such an act/
● Ramlal v. Mustafabad Oil and Oil Ginning Factory: the Punjab and Haryana Court
observed that once a noise is found to be above the necessary threshold to attract the
liability of public nuisance, it is no valid defence to contend that such noise arose out of
any legal activity. Apart from this, public nuisance has been made punishable under the
Indian Penal Code, 1860.
● Municipal Council, Ratlam v. Shri Virdichan and others,
○ A residential locality was subjected to extreme filth and stench, partly due to the
discharge of malodorous fluids from an alcohol plant into public streets and
 partly due to the complete insensitivity of the municipal body in maintaining basic
public sanitation.
○ A few public-spirited citizens decided to constructively use the available legal
resources to remedy the situation.
○ A complaint was instituted under the provisions of Section 133 of the Criminal
Procedure Code (Conditional order for removal of nuisance) requiring the
municipal corporation to carry out its statutory duties under Section 123 of the
M.P. Municipalities Act, 1961.
○ A Sub-Divisional Magistrate issued necessary mandatory orders, but the Sessions
Court held them as unjustified. The High Court, however, upheld the views of the
SubDivisional Magistrate.
○ The Municipal Council approached the Supreme Court and one of the key
questions raised was whether “by affirmative action a court can compel a
statutory body to carry out its duty to the community by constructing
sanitation facilities at great cost…”]
○ The Supreme Court answered the question in the affirmative while noting the low
priority granted to public health and sanitation, and the dimensions of
environmental pollution. It was said that the municipality’s plea that
notwithstanding the public nuisance, financial inability validly exonerates it
from statutory liability has no juridical basis.
○ It was held by the Supreme Court that: “Public nuisance, because of pollutants being
discharged by big factories to the detriment of the poorer sections, is a challenge to the
social justice component of the rule of law.”

Tresspass
● Means intentional or negligent direct interference with personal or proprietary
rights without lawful excuse.
● Tort of trespass is actionable per se and there is no need to show damages as a result of
trespass.
● Two things constitute tort of trespass
○ intentional/negligent interference with personal or proprietary right
○ Such interference must be direct rather than consequential
● Eg: A discharges effluents from factory on land belonging to B intentionally or negligently

Negligence
● Negligence is the breach of a legal duty of care by the plaintiff which results in undesired
damage to the plaintiff.
 ● In Blyth v. Birmingham Water Works Co, Negligence was defined as the omission to
do something which a reasonable man would do or doing something which a prudent or
reasonable man would not do.
● Naresh Dutt Tyagi v. State of U.P
○ Chemcial pesticides where stored in godowns in residential area.
○ Fumes emanating from pesticides leaked to the contiguous property through
ventilators, which resulted in death of 3 children and infant in womb of a mother\
○ Held to be case of negligence

Strict and Absolute Liability

● Principle of strict liability states that any person who keeps hazardous substances on his
premises will be held responsible if such substances escape the premises and cause any
damage.
● Established in Ryland v. Fletcher.
● 3 requirements
○ Dangerous Substances: The defendant will be held strictly liable only if a
“dangerous” substances escapes from his premises. For the purpose of imposing
strict liability, a dangerous substance can be defined as any substance which will
cause some mischief or harm if it escapes.
○ Escape: One more essential condition to make the defendant strictly liable is that
the material should escape from the premises and shouldn’t be within the reach of
the defendant after its escape.
○ Non-natural Use: To constitute a strict liability, there should be a non-natural use
of the land. When the term “non-natural” is to be considered, it should be kept in
mind that there must be some special use which increases the danger to others.
● M.C Mehta v. UOI (Oleum Gas Leak Case)
○ While the lawsuit was ongoing, there was an incident known as the Oleum Gas
Leak case at one of the factory's plants, resulting in severe harm to those who
inhaled the gas.
○ SC felt that they needed to introduce a new principle- led to Absolute Liability.
○ When an enterprise is engaged in a hazardous or inherently dangerous activity
resulting, for example, in the escape of toxic gas, the enterpise is strictly and
absolutely liable to compensate all those who are affected by such accident and such
liability is not subject to any of the exceptions which operate vis-a-vis the tortious
principle of strict liability.
Module 3

Constitutional Provisions
● Directive Principles of State Policy
○ Article48-A: According to the article, “The State shall endeavour to safeguard
the country’s forests and wildlife, and to maintain and promote the
environment.” It was determined that residents of the nation had a basic right to a
healthy, clean, and decent environment in Sher Singh v. Himachal Pradesh.
○ Additionally, according to Article 47, one of the State’s fundamental
responsibilities is to “raise the level of nutrition, the standard of living, and the state
of the public health of its people.” Public health must be improved through
environmental protection and development.
● B. Fundamental Duties
○ Article 51-A, Clause (g): Of every Indian citizen to preserve and enhance the
natural environment, including forests, lakes, rivers, and animals, as well as to
have compassion for all living things. This article addresses the fundamental
obligations of citizens, and indicates that it is the responsibility
■ As a result, both the State (Article 48-A) and every person (Article 51-A(g))
have a responsibility to preserve and improve the natural environment.
● C. Fundamental Right
○ The Right to a Clean Environment is one of the implied Fundamental Rights
under Fundamental Rights (Part-III) as established by the judiciary using Articles
14, 19, 21, and 32.
○ According to Article 14 of the Constitution, everyone is entitled to equality before
the law and equal protection under the law. Article 14 implicitly imposes an
obligation on the state to exercise fairness in its environmental protection measures.
○ Article 19(1) has also been interpreted by the Supreme Court to address the threat
of noise pollution.
■ In the PA Jacob case, 1993, the court upheld the position that using
loudspeakers or sound amplifiers is not protected under Article 19(1).
Additionally, Article 19(1)(g) grants citizens the basic right to engage in any
profession, trade, or business.
■ However, this basic right is subject to reasonable limitations, and citizens
are not allowed to engage in commercial activities that pose a risk to the
environment’s health.
● The Supreme Court has examined Article 21, which states that “no person shall be
deprived of his life or personal liberty except in accordance with the procedure established
by law.”
 ○ The court has repeatedly ruled that this act inherently guarantees the right to an
environment, free from the threat of disease and infection.
○ In 1988’s Dehradun Quarrying Case, the Supreme Court declared that the
right to a healthy environment is a natural outcome of article 21.
○ The Environment Protection Act was invoked in this case, and the Supreme Court
ordered quarrying to cease.
○ Additionally, the Supreme Court ruled in Subhash Kumar v. The State of
Bihar that Article 21’s right to clean water and air, qualifies as a fundamental
right.

Development of Environmental Law through PIL

● Public Interest Litigation (PIL) is a legal action filed in Indian courts to protect public
rights and promote general welfare.
● Janata Dal v. H.S.Chaudhary: expression ‘PIL’ means a legal action started in a court
of law for the enforcement of public/general interest where the public or a particular class
of the public have some interest (including pecuniary interest) that affects their legal rights
or liabilities.
● A majority of the environment cases in India since 1985 have been brought before the
courts as writ petitions, normally by individuals acting on a pro bono basis.
● Ratlam Municipal Council v. Vardhichand
○ The Supreme Court had introduced the concept of PIL for the first time and had
observed that a responsible Municipal Council constituted for the precise purpose
of preserving public health, cannot escape from its primary duty by pleading
financial inability.

Module 4
MC Mehta v. Kamal Nath
● M. C. Mehta v. Kamal Nath was a landmark case in Indian environmental law. In the
case, the Supreme Court of India held that the public trust doctrine applied in India.
● Facts
○ The Court took notice of an article which appeared in the Indian Express stating
that a private company "Span Motels Pvt. Ltd.", to which the family of Kamal
Nath, a former Minister of Environment and Forests, had a direct link, had built a
motel on the bank of the River Beas on land leased by the Indian Government in
1981
○ Span Motels had also encroached upon an additional area of land adjoining this
leasehold area, and this area was later leased out to Span Motels when Kamal Nath
was Minister in 1994.
 ○ The motel used earthmovers and bulldozers to turn the course of the River
Beas, create a new channel and divert the river’s flow. The course of the river was
diverted to save the motel from future floods.
● Issues
○ Was the construction carried out by Span Motels Pvt. Ltd. legal and justified? Is it
possible that Mr. Kamal Nath was wrongfully charged by the court?
○ Whether or not the "Public Trust Doctrine" applies in India?
● Held
○ The Supreme Court of India decided that prior approval for the additional
leasehold land, given in 1994, was quashed and the Government was ordered to
take over the area and restore it to its original condition.
○ Span Motels was ordered to pay compensation to restore the environment,
and the various constructions on the bank of the River Beas were to be removed
and reversed. Span Motels was also required to show why a pollution fine in
addition should not be imposed, pursuant to the polluter pays principle.
○ Regarding the land covered by the 1981 lease, Span Motels was required to
construct a boundary wall around the area covered by this lease, and Span
Motels was ordered not to encroach upon any part of the river basin. In addition,
the motel was prohibited from discharging untreated effluents into the river.
○ This ruling was based on the public trust doctrine, under which the Government is
the trustee of all natural resources which are by nature meant for public use and
enjoyment. The Court reviewed public trust cases from the United States and
noted that under English common law this doctrine extended only to traditional
uses such as navigation, commerce and fishing, but that the doctrine is now being
extended to all ecologically important lands, including freshwater, wetlands
and riparian forests.
○ The Court relied on these cases to rule that the Government committed patent
breach of public trust by leasing this ecologically fragile land to Span Motels
when it was purely for commercial uses.’

A.P. Pollution Control Board v. Prof. M.V. Nayudu

● Facts
○ According to the Pollution Control Board, under the notification No.
J.20011/15/88-iA, Ministry of Environment and Forests, Government of India
dated 27.9.1988, ‘vegetable oils including solved extracted oils’ were listed in
the ‘RED’ hazardous category.
○ On 31.3.1994, the Municipal Administration and Urban Development,
Government of Andhra Pradesh prohibited various types of development
 within 10 km radius of two lakes, Himayat Sagar and Osman Sagar, in order to
monitor the quality of water in these reservoirs which supplied water to the twin
cities of Hyderabad and Secunderabad.
○ In January 1995, the respondent company was incorporated as a public limited
company with the object of setting up an industry for production of B.S.S. Castor
oil derivatives and purchased 12 acres of land in Peddashapur village.
○ The application of the industry was rejected by the A.P. Pollution Control Board
since the proposed site fell within the 10 km radius and such a location was not
permissible.
○ The unit was a polluting industry and fell under the red category of polluting
industry. The Board opined that it would not be desirable to locate such industry
in the catchment area of Himayatsagar.
○ The court examined whether the proposed project would indeed be polluting, and
thereby pointed out the difficulties faced by environmental courts in dealing with
technological or scientific matters.
○ The Courts did not possess the expertise in all technical and scientific matters of
extreme complexity. The Tribunals or the appellate authorities dealing with such
matters had to be manned by technical personnel well versed in environmental laws
in addition to judicial members. Such defects in the constitution of these bodies
could undermine the very purpose of the legislations.
● Held
○ It held that when dealing with environmental matters the Supreme Court and the
High Courts could make a reference to the expert bodies/Tribunals having
expertise in scientific and technical aspects for investigation and opinion.
○ Any opinion rendered by such bodies would be subject to the approval of the
Court.
○ Therefore the Supreme Court referred the following questions to the Appellate
Authority under the National Environmental Appellate Authority Act, 1997:
■ (a) Is the respondent industry a hazardous one and what is its pollution
potentiality, taking into account, the nature of the product, the effluents
and its location?
■ (b) Whether the operation of the industry is likely to affect the sensitive
catchment area resulting in pollution of the Himayat Sagar and Osman
Sagar lakes supplying drinking water to the twin cities of Hyderabad and
Secunderabad?
○ The court, therefore, referred the above issues to the above-said Appellate
Authority for its opinion and requested the Authority to give its opinion, as far as
possible, within a period of three months from the date of receipt of this order.
 ○ Precautionary principle

Vellore Citizens Welfare Forum v. Union of India

● The case of Vellore Citizens Welfare Forum v. Union of India is a landmark judgment by
the Supreme Court of India.
● This ruling was a significant step in emphasizing the 'Precautionary Principle' and
'Polluter Pays Principle' as essential elements of sustainable development in India's
environmental law.
● Facts
○ The 'Vellore Citizens Welfare Forum' submitted a Public Interest Litigation (PIL)
under Article 32 of the Constitution, citing extensive environmental degradation
and water pollution due to the unchecked discharge of untreated effluents by
tanneries and other industries in Tamil Nadu into the Palar River.
○ The Palar River was a crucial source of drinkable water for those living in the
vicinity of the tanneries. The pollutants were also indiscriminately dumped in
nearby agricultural lands, waterways, open areas, and even along the roadsides.
○ Subsequently, it was found by the Tamil Nadu Agricultural University Research
Centre, Vellore, that about 35,000 hectares of farmland had become entirely or
partially infertile and unsuitable for cultivation.
○ There was evidence that the tanneries and other industries had been exhorted for
ten years to control pollution but to no avail.
● Held
○ The Court recognized that while the tanneries serve as major contributors to
foreign exchange and job creation, they also pose significant threats to the
environment. It gave certain directions, like ordering the tanneries to cease
operations until they install the necessary pollution control equipment.
○ The court also ordered the central Government to constitute an authority and
confer on it all powers necessary to deal with the situation. The authority was to
implement the precautionary principle and the “polluter pays” principle.
○ It would also identify the families who had suffered from the pollution and access
compensation and the amount to be paid by the polluters to reverse the
ecological damage.
○ The court required the Madras High Court to monitor the implementation of
its orders through a special bench to be constituted and called a “Green Bench”.

M.C. Mehta v. Union of India and ors. (1997)

● Facts
 ○ Taj Mahal, one of the wonders of the world and the pride of India was facing
serious threat from pollution caused by Mathura Refinery, iron foundries, glass
and other chemical industries.
○ As a result of very high toxic emissions from these industries, the Taj Mahal and
255 other historic monuments within the Taj trapezium were facing serious threat
because of acid rain.
○ In 1984, the petitioner filed a writ petition in public interest in this Court alleging
that the Taj, a monument of international repute, was on its way to degradation
due to atmospheric pollution and it was imperative that preventive steps were taken
soon.
○ According to the opinion of expert committees including National
Environmental Engineering Research Institute (NEERI) it was proved
beyond doubt that the emissions generated by the use of coke/coal by the
industries in the Taj Trapezium Zone (TTZ) were the main polluters of the
ambient air and had damaging effect on the Taj and the people living in the TTZ.
○ The petitioner had sought appropriate directions to the authorities concerned to
take immediate steps to stop air pollution in the TTZ and save the Taj.
● Held
○ The Court observed that the Taj, apart from being cultural heritage, is an
industry by itself, More than two million tourists visit the Taj every year. It is a
source of revenue for the country.
○ The Court has monitored this petition for over three years with the sole object of
preserving and protecting the Taj from deterioration and damage due to
atmospheric and environmental pollution.
○ It cannot be disputed that the use of coke/coal by the industries emit pollution in
the ambient air.
○ The objective behind this litigation is to stop the pollution while encouraging
development of industry. The old concept that development and ecology cannot go
together is no longer acceptable. Sustainable development is the answer.
○ The development of industry is essential for the economy of the country, but at the
same time the environment and eco-system have to be protected. The pollution
created as a consequence of development must commensurate with the carrying
capacity of ecosystems.
○ The atmospheric pollution in TTZ has to be eliminated at any cost. Not even one
percent chance can be taken when, human life apart, the preservation of a
prestigious monu-ment like the Taj is involved.
○ In any case, in view of the precautionary principle, the environmental measures
must anticipate, prevent and attack the causes of environmental degradation.
 Various orders were passed by the Court. The Court created a Taj Trapezium
which consisted of 10, 400 sq. Kms in the shape of a trapezium to regulate
activities in relation to air pollution.
○ The Court took into consideration the recommendations of the Varadarajan
Committee. Amongst its several recommendations, it stated that studies should be
undertaken by competent agencies to explore the possibility of protecting the Taj
monuments by measures such as provision of a green belt.
○ Even NEERI, in its report, suggested the setting up of a green belt around the
Mathura Refinery. It is to be noted that this was the first time that the Court
conceptualised a “green belt” as an effective mode of environmental protection.
Industries were asked to shift to eco-friendly fuel and lessen the use of diesel
generators, and asked the State to improve power supply to the city.
○ Tanneries operating from Agra were asked to shift from the Trapezium. The
Pollution Control Boards [State and Central] were asked to monitor any further
deterioration in the quality of air and report the same to the Court.
○ Further the Court asked the government to take steps to undo the wrong done to
the environment and the white marbles at Taj and to take clean up operations.

​Indian Council For Environment-Legal Action vs Union Of India

● Facts
○ The petitioner, the Indian Council for Enviro-Legal Action brought this action to
prohibit and remedy the pollution caused by several chemical industrial
plants in Bichhri village, Udaipur District, Rajasthan.
○ The Respondents operated heavy industry plants there, producing chemicals
such as oleum (a concentrate form of sulphuric acid), single super phosphate
and the highly toxic "H" acid (the manufacture of which is banned in western
countries).
○ Respondents operated these plants without permits which caused serious
pollution of the environment. Toxic waste water was untreated and left to be
absorbed into the earth causing aquafiers and the subterranean supply of water to
be polluted.
○ The soil also became polluted and unfit for cultivation. Several people in nearby
villages were alleged to have contracted diseases due to the pollution, some of
whom had died.
○ From 1989- 1992, the Court issued orders to respondents, directing them to,
among other things, control and store the sludge. These orders were largely
ignored. In 1994, the National Environmental Engineering Research Institute
 (NEERI) reported on the pollution caused by respondents, and in 1996, the court
held a final hearing on these matters.
● Held
○ This judgment directed the closure of the factories attached to the property of
the polluter and directed the Ministry of Environment and Forests of India to
recover the cost of eco-restoration from the industries held liable. For 15 years,
the polluters have pursued legal tactics to delay enforcement of the court's 1996
judgment.
○ The Court’s recent decision concludes, in part: “This is a very unusual and
extraordinary litigation where even after fifteen years of the final judgment of this
court the litigation has been deliberately kept alive by filing one interlocutory
application or the other in order to avoid compliance of the judgment. The said
judgment of this Court has not been permitted to acquire finality till date. This is a
classic example of how by abuse of the process of law even the final judgment of the
apex court can be circumvented for more than a decade and a half".
○ The Supreme Court gave its verdict on the long impending judgment on the
Bichhri case, Writ Petition No. 967 of 1989. It imposed a fine of Rs 38.385 crores
on Hindustan Agro Chemicals Ltd (HACL) with compound interest since
1997 for the remediation of over 350 hectares of land in Bichhri.
○ The Court also slapped a fine of Rs 10 Lakh on HACL for keeping the litigation
alive for almost 15 years even though the court had disposed of the petition in
1997, imposing Polluter Pays Principle according to which polluters must pay
for the damage done to the human beings and environment.

Narmada Bachao Andolan v. Union of India

● The Narmada Bachao Andolan case is a significant milestone in the domain of inter-state
water disputes, impacting the livelihoods and day-to-day lives of those affected by the
construction of the dam on the Narmada River.
● The river, being the fifth largest and the most substantial westward flowing river in India,
traverses through the states of Gujarat, Madhya Pradesh, and Rajasthan.
● At the heart of the dispute was the construction of large dams across the Narmada River
and its impact on both the environment and the local communities inhabiting the
Narmada Valley.
● Facts
○ In the Narmada water dispute, involving Rajasthan, Madhya Pradesh, and Gujarat,
a tribunal was formed under the Interstate Disputes Act 1956 to resolve
control, use, and distribution conflicts.
 ○ The tribunal set the dam height and directed Gujarat to construct it. The
Narmada Control Authority (NCA), an interstate administrative body, and a
review committee were established per the tribunal's award. An environment
subgroup, an independent entity, was created under NCA.
○ The closure of construction sluices in 1994 led petitioners to seek a comprehensive
project review by an independent judicial authority, citing Article 21 of the Indian
Constitution and ILO Convention No. 107. They emphasised the need for
pre-reservoir filling catchment area treatment and rehabilitation.
○ Comparatively, the Sierra Club v. Robert Froehlke case halted a project for
non-compliance with the U.S. National Environmental Policy Act 1969, but in
India, lacking a similar law, administrative clearance was deemed non-violative
of Article 21.
○ Similarly, Tennessee Valley Authority v. Hiram G. Hill, which stopped a dam
project due to endangered species, doesn't apply in India without an Endangered
Species Act.
● Held
○ The court ordered compensatory measures for environmental protection in
compliance with the scheme framed by the Government and ordered the
construction to continue while the alleviate measures were carried out.
○ Public interest litigation, initially an innovative measure to protect human rights
and fundamental rights of the vulnerable, has expanded its scope to include
probity in public life and environmental protection. However, there is a
growing concern that PILs are being used for publicity rather than genuine public
interest. Courts, while exercising their jurisdiction in writ petitions, must ensure
they do not exceed their authority and only dispense justice according to the law.
○ The essence lies in the separation of powers, emphasising that courts cannot
govern, but rather act as sentinels to fundamental rights. The judiciary's role
is crucial in striking down laws not in line with legal principles, emphasising that
the court is not above the law.

Module 5
International Environmental Law Regime
● Environmental law is the collection of laws, regulations, agreements and common law
that governs how humans interact with their environment.
● T.N Godavarman Thirumulpad v. UOI: Environmental Law is an instrument to
protect and improve the environment and to control or prevent any act or omission
polluting or likely to pollute the environment
 ● International environmental law is the set of agreements and principles that reflect the
world's collective effort to manage our transition to the Anthropocene by resolving
our most serious environmental problems, including climate change, ozone depletion and
mass extinction of wildlife.
● These laws are soft laws that serve to influence and aspire member nations to comply
with the standard norms and principles, without compelling their enforcement.
● This is an outcome of the sovereignty concerns of the nations that make them reluctant
in submitting control over their people and their affairs to an external authority.
● Idea started through the Maltese Proposal at the UN General Assembly meeting of
1967, where the Matlese Foreign Minister, Arvid Pardo, electrifying speech before the
General Assembly calling for international regulations to ensure peace at sea, to prevent
further pollution and to protect ocean resources. He proposed that the seabed constitutes
part of the common heritage of mankind.

Stockholm Declaration, 1974

Introduction
● Declaration on ‘Human Environment”
● 26 principles
● Created UNEP
● Magna Carta of Human Environmental Law
● Acts resulting from obligations under the Stockholm Convention
○ Air Act
○ Water Act
○ Forest Conservation Act
● During the initial stages of the conference, two conflicting approaches emerged
○ First approach: primary concern of the conference should be regarding the human
impact on the environment with emphasis on control of pollution and
conservation of natural resources.
○ Second approach emphasised on social and economic development as real issue
■ Indian Prime Minister Indira Gandhi in her seminal speech in the
conference brought forward the connection between ecological
management and poverty alleviation.
● This was bridged by the evolution of a concept that environmental protection was
essential element of social and economic development
● Stockholm Declaration on Human Environment proclaimed that man is both creator
and moulder of his environment, which gives him physical sustenance and affords him
the opportunity of intellectual, moral, social and spiritual goal.
Important Principles
● Principle 1:
○ Man has a fundamental right of quality of life
○ Duty to maintain & protect environment
○ Racial discrimination, foreign domination- condemned
● Principle 2: Natural resources to be safeguarded
● Principle 3: Renewable resources to be protected- maintain its quality
● Principle 4: protection of wildlife
● Principle 5: Non-renewable resources to be safeguarded against its depletion in the future
● Principle 8: Economic and Social Development Necessary
● Principle 11: Environmental policies not to adversely affect the present/future
developmental potential of developing countries
● Principle 15: Planned human settlement and urbanisation to avoid harmful effects on the
environment
● Principle 21 (imp): State- sovereign rights- exploit environmental resources- however
responsibility to ensure activities not cause damage to environment beyond jurisdiction
● Principle 22: liability- compensate- victims of pollution

Brundtland Report
● The Term ‘sustainable development’ was brought into common use by the World
Commission on Environment and Development (the Brundtland Commission) in its
1987 report “Our Common Future”
● The World Commission on Environment and Development was set up by the UN in
1983.
● Definition by Brundtland Report: "Sustainable development is development that
meets the needs of the present without compromising the ability of future
generations to meet their own needs."
● Concept of sustainable development has 2 key concepts as per the report
○ The concert of “needs”, in particular the essential needs of the world’s poor, to
which overriding priority should be given; and
○ The idea of “limitations”: imposed by the state of technology and social
organisations on the environment’s ability to meet and present future needs.
● Dominic McGoldrick suggested that sustainable development can be structured as having
3 pillars
○ Pillar 1: International Environmental Law
○ International Human Rights Law
 ○ International Economic Law
● This structure has an element of an objective, process and a principle. It overarches a broad
range of disciplines yet it is separate. The integrated structure of sustainable development is
such that it requires support from each of the pillars.

Rio Conference - 1992

Introduction
● The United Nations Conference on Environment and Development (UNCED), also
known as Earth Summit, took place in June 1992 in Rio de Janeiro, attended by
representatives and heads of more than 150 countries.
● The Earth Summit was inspired and gilded by the Brundtland Report.
● Culminated in the creation of the following Documents
○ Rio Declaration on Environment and Development: A series of principles
defining the rights and responsibilities of states in this area.
○ Agenda 21:
■ A comprehensive blueprint for global actions to affect the transition to
sustainable development
■ Voluntary action plan
○ Forest Principles : A set of principles to support the sustainable management of
of forest worldwide
○ The Convention on Biodiversity: aimed at preventing the eradication of
biodiversity
○ United Nations Framework Convention on Climate Change (UNFCCC)

Rio Declaration
● Consists of 27 principles
● Imp Principles
○ Principle 1:
■ Humans are at the centre and concern of sustainable development
■ Entitled to healthy and productive life in harmony with nature
○ Principle 2:
■ Similar to Principle 21 of Stockholm Agreement
■ Puts duty on state that while states exploit their own natural resources
as per their policy, it is their responsibility to ensure that their activities do
not cause damage to environment of other states
○ Principle 3:
■ Inter-generational rights
■ Intra and Inter generational equity
 ■ Right to development must be fulfilled as to equitably meet developmental
and environmental needs of present and future generations.
○ Principle 4:
■ For sustainable development- environmental protection necessary part
and can not be isolated from each other
○ Principle 5 (IMP):
■ Eradication of poverty indispensable for Sustainable development
■ All states and all people are required to co-operate in this essential task
○ Principle 7:
■ States cooperate- spirit of partnership- developed countries - pursuit of
technological resources
○ Principle 10 :
■ involvement of local communities- access of information - judicial and
administrative remedies
○ Principle 11:
■ states to enact apt environmental legislation - standards applied by some
countries - unwarranted- erratic
○ Principle 13:
■ Compensation to victims
■ States to develop national law regarding liability and compensation of
victims of pollution/other environmental damage
○ Article 15:
■ Precautionary principles
■ 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
○ Article 16:
■ Polluters Pay again
■ National authorities should endeavour to promote the internalisation of
environmental costs and the use of economic instruments, taking into
account the approach that the polluter should, in principle, bear the cost of
pollution, with due regard to the public interest and without distorting
international trade and investment.

Module 6

Convention on Biological Diversity

● Agenda 21 (the Rio conference), mainstreamed the biodiversity conservation agenda
 ● 2010-2020 was declared as the international decade of biodiversity by the United Nations
● The Conference of Parties to the Convention on Biodiversity (CBD, 1992) has also
adopted the Aichi Targets, which are time-bound targets to be achieved by the end of
2020
● The CBD is based on a broad ecosystem approach rather than separately dealing with
particular ecosystems/species/sites and covers both wild and domesticated biodiversity
● Meaning of Biological Diversity (Article 2, CBD)
● Convention on Biodiversity requires state to take steps for protection and sustainable use
of world’s diverse plant and animal species.
● Convention has 3 main goals
○ Conservation of biological diversity
○ Sustainable use of its components
○ Fair and equitable sharing of benefit arising from genetic resources
● Diversity/Variability as components of diversity: Genetic, Species and Ecosystem Diversity
● The conervtion established that conservation of biological diversity is “a common concern
of humankind” and is an integral part of the development process.
● Issues under the convection
○ Measures and incentives for consevration and sustainable use of biological diversity
○ Regulated access to genetic resources and traditional knowledge including prior
informed conset of the party proving resources.
○ Sharing, in a fair and equitable way, the result of research and development and
benefits arising from commercial and other utilization of genetic resources with
contract party such resources (govt or local communities that provided traditional
knowledge or biodiversity resources utilized)
○ Access to and transfer of technology, incluindg biotechnology, to the governments
and/or local communities that provided traditional knowledge and/or biodiversity
resources
○ Technical and scientific co-operation
○ Impact assessment
○ Education and public awareness
○ Provision of financial resources
○ National reporting on efforts to implement treaty commitments.

Main human-induced threats to biological diversity

● Habitat destruction and degradation ;
● Unsustainable usage and harvesting practices;
● Climate change and desertification;
● Introduction of invasive alien species;
 ● Impact of pollution and developmental projects.

In-situ conservation
● Articles 2 plus 8, CBD and Section 36, the Biological Diversity Act, 2002:
○ Conservation of ecosystems and natural habitats;
○ Maintenance and recovery of viable populations of species in their natural
surroundings;
○ Domesticated or cultivated species - the surroundings where they have developed
their distinctive properties
● Setting up of National Parks, Sanctuaries, Conservation Reserves and Community
Reserves, Tiger Reserves, Elephant Reserves, Biodiversity Heritage Sites

Ex-situ conservation
● outside natural habitats
● means of ‘backing up’ the diverse range of species
● Section 39, the Biological Diversity Act, 2002: Power of Central Government to designate
repositories

Local people’s knowledge

● Joint Forest Management Circular, 1999 and the 2002 amendment to the Wildlife
Protection Act, 1972
○ included conservation and community reserves under the purview of Protected
Areas
● the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 has recognised the Scheduled Tribes and Other Forest Dwellers’ right to protect,
regenerate or conserve or manage any community forest resource which they have been
traditionally protecting and conserving for sustainable use
● One of the most significant provisions of the Biological Diversity Act and the Rules framed
thereunder is the requirement of registration of local people’s knowledge of biodiversity,
through measures including the sui generis system.
● Moreover, the Act provides that the Biodiversity Management Committee shall be
constituted for, inter alia, chronicling knowledge related to biological diversity, National
Biodiversity Authority and State Biodiversity Boards established and they can revoke access
applications and prohibit or restrict access to biological resources
● India’s National Biodiversity Strategy and Action Plan 2008 also acknowledges the
contribution of local communities in the conservation of biodiversity
● The Protection of Plant Variety and Farmers Right Act, 2001 has also recognised the right
of the farmers to register varieties including farmers’ variety which has been defined as
 variety that (i) has been traditionally cultivated and evolved by the farmers in their fields; or
(ii) is a wild relative or a variety about which the farmers possess as the common knowledge.

Living Modified Organisms (LMOs)

● The Cartagena Protocol on Biosafety adopted by States under the Convention on
Biological Diversity applies to the trans-boundary movement, transit, handling and use of
all living modified organisms that may have adverse effects on the conservation and
sustainable use of biological diversity, taking also into account risks to human health
● Biological Diversity Act in consonance specifies the regulate, manage or control the risks
associated with the use and release of living modified organisms resulting from
biotechnology likely to have adverse impact on the conservation and sustainable use of
biological diversity and human health [S. 36 (4) (ii)]
● In this regard, the Ministry of Environment and Forests has notified the Rules for The
Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms Genetically
Engineered Organisms or Cells, 1989, under the Environment (Protection) Act, 1986.

United Nations Framework Convention on Climate Change

Introduction
● Result of United Nations Conference on Environment and Development (Rio
Conference, 1992)
● 198 parties (by 2022)
● Aim: Preventing “dangerous” human interference with the climate system”
● in part by stabilizing greenhouse gas concentrations in the atmosphere
● Convention built on various principles of International Environmental Law
○ Principle of sovreignity of the state over natural resources
○ Climate change as common concern of mankind
○ Common but differentiated responsiblity
○ Precautionary principle
○ Principle of equity- inter-generational and intra-generational equity
● Article 3(1) of the Convention states that Parties should act to protect the climate system
on the basis of "common but differentiated responsibilities and respective capabilities", and
that developed country Parties should "take the lead" in addressing climate change
● Article 4 of the United Nations Framework Convention on Climate Change (UNFCCC)
states that developed countries and other Annex II Parties must help developing countries
that are vulnerable to the negative effects of climate change
● It called for ongoing scientific research and regular meetings, negotiations, and future
policy agreements designed to allow ecosystems to adapt naturally to climate change, to
 ensure that food production is not threatened and to enable economic development to
proceed in a sustainable manner

Conference of Parties
● March 1995: the first Conference of the Parties to the Convention adopted the Berlin
Mandate, launching talks on a protocol or other legal instrument containing stronger
commitments for developed countries and those in transition.
● December 1997: the adoption in Japan of the Kyoto Protocol to the UNFCCC. It aimed
to reduce the industrialized countries' overall emissions of carbon dioxide and other
greenhouse gases by at least 5 per cent below the 1990 levels in the commitment period of
2008 to 2012.
● 2009: the Copenhagen Accord drafted at COP 15 in Copenhagen. This was taken note by
the COP. Countries later submitted emissions reductions pledges or mitigation action
pledges, all non-binding
● December 2015: The Paris Agreement marks the latest step in the evolution of the UN
climate change regime and builds on the work undertaken under the Convention.
● Its central aim is to strengthen the global response to the threat of climate change by
keeping a global temperature rise this century well below 2 degrees Celsius above
pre-industrial levels and to pursue efforts to limit the temperature increase even further to
1.5 degrees Celsius

Paris Agreement
Introduction
● an international treaty signed by 196 countries in 2015 to combat climate change.
● formed as part of the UNFCCC
● came into effect on November 4, 2016
● sets out a global framework for reducing greenhouse gas emissions, including Nationally
Determined Contributions (NDCs), which are each country's plan to reduce their
emissions
● also establishes a transparency and reporting framework for countries to regularly report on
their emissions and progress, and a global stocktake to regularly assess collective progress
towards the agreement's goals

Purpose/Aim
● to strengthen the ability of countries to deal with the impacts of climate change
● aims to limit global temperature rise to well below 2°C above pre-industrial levels, and
pursue efforts to limit the temperature increase to 1.5°C
Key Provisions
● Long-term temperature goal: The Paris Agreement sets a long-term goal to limit global
temperature rise to well below 2°C above pre-industrial levels and pursue efforts to limit the
temperature increase to 1.5°C.
● Nationally Determined Contributions (NDCs): Each country is required to submit its
own plan to reduce greenhouse gas emissions, known as a Nationally Determined
Contribution (NDC). These NDCs reflect each country's own circumstances and
capabilities and are regularly updated and strengthened over time.
● Transparency and reporting framework: The Paris Agreement establishes a transparency
and reporting framework for countries to regularly report on their emissions and progress.
It includes common reporting guidelines and standards and a technical expert review
process.
● Global Stock take: The Paris Agreement includes a regular global stock take, which assesses
collective progress towards the agreement's goals and identifies gaps and challenges. It also
serves to enhance collective ambition over time.
● Financial Support: The Paris Agreement calls for developed countries to provide financial
support to developing countries to help them reduce emissions and adapt to the impacts of
climate change.

Importance
● Addresses global issue of climate change: The Paris Agreement is a global response to the
pressing issue of climate change. It aims to limit global temperature rise and reduce
greenhouse gas emissions to avoid the worst impacts of climate change.
● Collective effort to reduce emissions: The Paris Agreement brings together countries from
around the world to work towards a common goal of reducing emissions. This collective
effort is essential to tackle the global challenge of climate change.
● Encourages innovation and investment in clean energy: The Paris Agreement incentivizes
countries to transition to clean energy and invest in low-carbon technologies. This helps to
promote sustainable economic growth and create new jobs.
● Supports vulnerable countries: The Paris Agreement provides financial support to
developing countries to help them reduce emissions and adapt to the impacts of climate
change. This helps to ensure a more equitable and sustainable future for all.
●
● Promotes international cooperation: The Paris Agreement promotes international
cooperation on climate action, which is crucial for effectively addressing the global
challenge of climate change.
Module 7
Public Trust doctrine:
● This doctrine states that the government must hold these natural resources as trustees for
their proper maintenance and the general welfare of the public. Since these natural
resources are accessible to everyone, they cannot be converted into private property.
● Eastern Roman Emperor Justinian the Great, in his code, stated “the air, the water, and the
sea are all common to the public and is entitled to be used by anyone due to the law of
nature”
● Started with Justinian’s code
● After the fall of the Roman empire in 1215, the Magna Carta codified Justinian words.
Thus in England, the King had ownership of the land but he had to take care of the public
trust.
● In the United Kingdom, it included two rights
○ Just Privatum which means ownership for private parties,
○ Just Publicum which means ownership held by the king as a trustee for the public
benefit.
● In 1821, the Modern revival of Public trust doctrine took place in the USA in the case of
Arnold vs. Mundy and in the landmark case of Illinois Central Railroad v. Illinois where
the court came up with a principle that the state cannot hand its trust of resources to
private ownership when the interest of the public is involved.
● Introduced in India through the case of M.C Mehta v. Kamal Nath
● In the case of Re: T.N. Godavarman v. Union Of India And Ors. (2022), the Supreme
Court of India upheld this public trust doctrine by stating that it is the State’s
responsibility to act as the trustee of the natural resources for the welfare of the public and
ascertain that these natural resources should be used by the citizens in a sustainable
manner.
● Aspects of
○ restriction on governmental authority
■ According to the Supreme Court in Fomento Resorts, the basic premise of
the public trust doctrine lies in the limits and obligations it places on the
government agencies on behalf of people
■ In Intellectuals Forum, the Court has relied on Sax’s formulation of the
types of restriction on governmental authority which are imposed by the
public trust doctrine.
● 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 t
● hird the property must be maintained for particular types of uses.
○ affirmative duties of the government
■ The public trust doctrine not only places certain restrictions on the manner
in which the government functions with regard to natural resources held in
public trust, but also enjoins the government to take affirmative steps to
protect such resources for the enjoyment of the general public
■ As was held by the Californian Supreme Court in the Mono Lake case,and
quoted with approval by the Indian Supreme Court in Kamal Nath, the
doctrine is an affirmation of the legal duty of the State to protect the
people’s common and this right of protection can only be surrendered in
rare cases where it is in consonance with the purposes of the trust
○ access to natural resources;
■ nature of access that has been considered is different
■ One type of access was discussed by the Supreme Court in Fomento
Resorts, the public’s right to enjoy uninterrupted access to a natural
resource, in this case a beach
● detail. It held that people are entitled to uninterrupted use of
common properties.If the transfer of a public trust property
interferes with the right of the public, the State cannot transfer
such property.
○ quality of decision-making relating to natural resources
■ Certain judgments relying on the public trust doctrine suggest that the
application of the doctrine requires the decision-making process relating to
natural resources to have certain qualities.
■ First, as typically there are competing public interests involved, there has to
be an adequate assessment of all relevant considerations, before a decision is
taken on how the natural resource is to be used.
■ Second, there has to be transparency and non-arbitrariness in the
decision-making process.
■ Third, any decision with regard to natural resources must look beyond the
present generation and protect the rights of the future generations

Precautionary Principle:
● The principle states that if there is a risk of severe damage to the environment absence of
any scientific or conclusive proof is not to be given as a reason for the inaction. The
 Precautionary Principle shifts the burden of proof on the shoulders of the person who is
arguing that the activity he is carrying out is not harmful.
● The first definition is given in the Rio Declaration of 1992. It states that in order to protect
the environment every state should apply the principle to the best of their abilities. When
there are chances of irreversible and serious damage, lack of full scientific should not be the
reason for the postponement of preventive measure
● In Vellore Case , the Supreme Court identified three elements to the precautionary
principle.
● The first is that ‘[e]nvironmental measures—by the State Government and the statutory
authorities—must anticipate, prevent and attack the causes of environmental degradation’.
● The second, borrowing from the Rio principle formulation, is that ‘[w]here 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 third element shifts the burden of proof to the developer/industrialist.
● core of this principle is the notion, as we have seen earlier, that ‘decision makers should act
in advance of scientific certainty to protect the environment’.
● A. P. Pollution Control Board II v. Prof. M. V. Nayudu and Ors
○ The Court noted that ‘[t]his is exactly where the ‘precautionary principle’ comes
into play. The chance of an accident, within such close proximity of the reservoirs
cannot be ruled out ...’
○ While the Court did seek to establish the level of acceptable societal risk to be taken
in the context of drinking water, this is not a case involving ‘scientific uncertainty’.
● M. C. Mehta v. Union of India and Ors (Taj Trapezium case)
● Narmada Bachao Andolan v UOI, the
○ The Court stated that when an issue pertains to environmental damage, the onus
of proof is on the person who is contending that the activities carried on by him are
not harmful to the environment.
○ The party who is giving such contention also has to satisfy the Court of the same,
that there will be no environmental degradation due to his activities.

Module 9-10: The Water (Prevention and Control of Pollution) Act, 1974

Preamble
● The act aims to prevent and control water pollution and maintain or restore the cleanliness
of water.
● It establishes Boards for the prevention and control of water pollution.
 ● The act confers powers and functions to these Boards to carry out the aforementioned
purposes.
● The preamble acknowledges that Parliament can make laws for the States regarding water
pollution only as provided under articles 249 and 250 of the Constitution.

Definition (Section 2)
● “pollution”
○ contamination or alteration of the physical, chemical, or biological properties of
water, or the discharge of any sewage, trade effluent, or other substances into water
○ directly or indirectly
○ that may create a nuisance or render the water harmful to public health, safety, or
○ legitimate uses (domestic/commericial/industrial.agri/etc),or
○ the life and health of animals, plants, or aquatic organisms.
● “Occupier”,
○ In relation to factory/premises- person who has control over it and includes, in
relation to any substance, the person who possesses it

Chapter II: The Central And State Boards For Prevention And Control Of Water
Pollution
Section 3: Constitution of Central Board
● CG, with effect to such date not later than 6 months from act’s commencement, may
notify in the official gazette the appointment and constitution of a the Central Pollution
board to exercise powers and refrom function assigned under the act.
● Shall constitute of following members all nominated by CG
○ full-time chairman, having special knowledge/practical experience in
environmental protection or in managing institutions for above
○ Not more than 5 officials nominated by CG to represent it
○ Not more than 5 persons from membership of state board, of whom not exceeding
2 shall be those referred in Section 4(2)(c)
○ Not more than 3 non-officials to reprsented interest of
agri/fishery/industry/trade/other thers CG thinks ought to be represented
○ 2 persons to represent companies/corporations owned/controlled/managed by CG
○ a full-time member-secretary, possessing qualifications, knowledge and experience
of scientific, engineering or management aspects of pollution control
● Central board shall be
○ Body corporate with name aforesaid
○ Having perpetual succession and common sea
 ○ Power (subject to this act) to acquire/hold/dispose of property, to contract, to sue
or be sued by aforesaid name

Section 4: State Board

● SG shall, from such date it as it may, through notification in in official gazette, constitute a
State Pollution Control board, under a name it may specify, to exercise powers
conferred/perform functions assigned to it under the act
● Shall consist of these members, nominated by SG
○ full-time chairman, having special knowledge/practical experience in
environmental protection or in managing institutions for above (maybe
whole-time/part-time as SG sees fit)
○ Not more than 5 officials nominated by SG to represent it
○ Not more than 5 persons from members of the local authorities within the State;
○ Not more than 3 non-officials to reprsented interest of
agri/fishery/industry/trade/other thers SG thinks ought to be represented
○ 2 persons to represent companies/corporations owned/controlled/managed by CG
○ Full-time member-secretary- possessiing qualification/knowledge/experience of
scientific/engineering/management aspects of pollution control
● Every State board shall be
○ Body corporate with name aforesaid
○ Having perpetual succession and common sea
○ Power (subject to this act) to acquire/hold/dispose of property, to contract, to sue
or be sued by aforesaid name
● Notwitstanding anything contain in this section, no state board shall be constituted for UT
and Central Board will carry the function of State Board in UT.
○ Provided that Central Board may delegate all/any of its powers/functions to
person/body of persons specified by CG.

Chapter IV: Powers and Functions of Boards

Section 16: Functions of Central Board
● Subject to the provisions of this Act, the main function of the Central Board shall be to
promote cleanliness of streams and wells in different areas of the States.
● In particular + without prejudice to generality of foregoing functions, Central Board may
perform all/any of these functions
○ (a) Advise CG on matters related to preventing and controlling water pollution.
○ (b) Coordinate and resolve disputes among State Boards.
○ (c) Provide technical assistance to state boards, guidance, and conduct/sponsor
research on water pollution and its prevention/abatement
 ○ (d) Plan and organize training for individuals working on water pollution
prevention/control/abatement on t&c that CG may prescribe.
○ (e) Organize a comprehensive mass media program on preventing and controlling
water pollution.
○ (ee) Perform State Board functions as specified by an order under section 18(2).
○ (f) Collect, compile, and publish technical and statistical data on water pollution
and related measures, and create manuals and guides for disposal and treatment of
sweage/industrial fluid +dissiminate info about it .
○ (g) Set, modify, or annul standards for streams or wells in consultation with the
relevant SG.
■ Provided that different standards may be laid for the same or different
streams or wells, based on water quality, flow characteristics, and the nature
of the water's use in the stream or well.
○ (h) Plan and implement a nationwide program for preventing, controlling, or
reducing water pollution.
○ (i) Perform other prescribed functions.
● Board may establish/recognise labortory/ies to enable it to perform its duty under the
section efficiently including by analysis of samples of water from any stream/sewage/trade
effluents.

Section 17: Functions of State Board

● Subject to the provisions of this Act, the functions of a State Board shall be
○ (a) Plan and execute a comprehensive program for preventing, controlling, or
abatement of pollution in state streams and wells.
○ (b) Advise the state government on water pollution prevention, control, or
reduction.
○ (c) Collect and disseminate information on water pollution and its prevention,
control, or abatement.
○ (d) Encourage, conduct, and participate in investigations and research on water
pollution and its prevention/control/abatement.
○ (e) Collaborate with the Central Board in training individuals involved in water
pollution programs relating to prevent/control/abatement of water polulation and
organize mass education programs relating to it.
○ (f) Inspect sewage and trade effluents, and review plans/specifications/ other data
regarding plant/system up for treating water, sewage, and trade effluents for
consent granting under the act.
 ○ (g) Set, modify, or annul effluent standards for sewage and trade effluents and
quality of receiving waters (excluding inter-state streams) fron discharge and
classify waters of the State
○ (h) Develop economical methods of treating sewage and trade effluents based on
regional conditions and flow characteristics.
○ (i) Develop methods of using sewage and trade effluents in agriculture.
○ (j) Develop efficient disposal methods of sewage and trade effluents on land due to
scant stream flows limiting dilution options.
○ (k) Set treatment standards for sewage and trade effluents to be discharged into
streams based on available dilution and permissible pollution limits.
○ (l) Make, vary, or revoke orders:
■ (i) For preventing, controlling, or reducing discharges of waste into streams
or wells.
■ (ii) Requiring individuals to construct new disposal systems or modify
existing systems to prevent, control, or reduce water pollution.
○ (m) Set effluent standards for persons discharging sewage or sullage, and modify or
annul existing effluent standards for sewage and trade effluents.
○ (n) Advise the state government on the location of industries likely to pollute
streams or wells.
○ (o) Perform other prescribed functions.
● Board may establish/recognise labortory/ies to enable it to perform its duty under the
section efficiently including by analysis of samples of water from any stream/sewage/trade
effluents.

Section 18: Power to Give Directions

● In the performance of its functions under this Act
○ (a) Central Board shall be bound by directions in writing CG may give to it;
○ (b) Every State Board be bound by directions in writing given by Central Board or
the SGt:
■ Proviso: where direction given by SG is inconsistent with one given by
central board, matter will be referred to CG
○ Where CG is of the opinion that State Board has defaulted with its compliance
with Central board’s direction under Sub-sec (1) and it results in grave emergency
and its necessary/expedient to do so in the public interest, it may order the Central
Board to perform any function of State board in relations to such area for period
and purpose specified in order.
○ When Central Board Performs functions of State Board in pursuant of direction
under sub-sec 2, expenses incurred by it with respect to such performance, shall be
 recovered by central board at reasonable rate CG may by order fix, from the day the
demand for it has been paid till it is paid from person/s concerned as arrears of land
revenue/public demand only if State Board is empowered to recover it.
○ For removal of doubts, its declared that any direction to perform functions of any
State Board under (2) in any area will not preclude the State Board from
performing such function in any other area/ or any other function in that area.

Chapter IV: Prevention and Control of Water Pollution

Section 21: Power to take samples of effluents and procedure to be followed in connection
therewith.
● The Board or any authorized offifer shall have the power to take sample of water from any
stream/stream/sewage/trade effluent for the purpose of analysis. The result of the analysis
of such example shall be admissible as evidence if following procedure is followed.
● The person taking the sample shall serve a notice to the person in charge of the place
regarding his intention to take sample.
● The sample collected is to be divided into two parts in presence of the occupier, which is to
be sealed and signed by the person taking the sample and the occupier or his agent.
○ each part to be placed in a container which shall be marked and sealed and shall also
be signed both by the person taking the sample and the occupier or his agent;
○ One sample shall be fortwith, shall be sent to a laboratory recognized by the
Central Board under S. 16. In any other case, will be sent to a lab recognized by the
State Board under S.17.
○ The other sample, on request of the occupier or his agent, will be sent to a lab
recognized under s.51(1). In any other case, a lab recognized under s.52(1).
○ If occupier does not make the request to divide the sample into two, the sample
shall be sent to the Board recognized labs.
● If the occupier of the agent willfully absent himself when served by a notice for taking of
sample, the sample shall be placed in a cotained, marked, sealed and signed by the person
taking the sample and be sent to any of the laboratories mentioned in S.51(1) and 52(2).
● The person taking the sample shall inform the govt. Appointed analyst of the
occupier’s/agent’s wilful absence.
● The cost of getting the sample analysed shall be payable by the occuper/agent and be
recovered as an arrear of land revenue or of public demand

Section 22: Report of the Result of Analysis of Sample taken under S.21
● Where a sample of any sewage or trade effluent has been sent for analysis for labs recogznied
by Central/State Board or labs estbalished under Section 51 and 52, the conerend analysis
 shall analyse the sample and submit the report in the prescribed form in triplicate to
Central/State Board, as the case may be.
● On receipt of the reports of analysis, the Central/State Board shall send one copy of the
report to the occupier of the agent. The other copy shall be preserved for procduction
before court in case any legal proceedings is undertaken against the occupier/agent. The
concerned board shall keep the third copy.
● If there any any inconsistency or discpreancy in the results labs established by the boards or
onders established under s.51/52, the report of the latter shall prevail.
● If occupier/agent requests analysis of the sample, cost incurred will be payable by them and
in case of default, same will be recovered as arrears of land revenue or of public demand.

Section 23: Power of Entry and Inspection

● Any person empowered by the State Board in this behalf shall have a right to entry, at any
time and with such assistance as he needs necessary, any place for the following purposes
○ Performing any functions of the state board entrusted to him
○ Determining whether and if so in what manner
■ Any such functions are to be perfromed or
■ Whether provisions of this act or rules there-under or
■ Any notice/order/direction/authorisation, served, made, given or granted
under this act is being or has been complied wjtb
○ Form examing any plant/record/register/document or any other material object or
○ For conducting search of any place in which he has reason to believer that an
offense under this act or rules made thereunder. Has been or is being or is about to
be committted and
○ For seizing any such plant/record/register/document/other material onject, if he has
resons to believe that it may furnsih ay evidence for commission of offence
punishable under this act or the rules made thereunder

Section 24: Prohibition on Use of Stream or Well for Disposal of Polluting Mater
● No person shall
○ Knowingly cause or permit any poisonou0s, noxious or polluting matter (as per
standards set by State boardto enter into any stream or well or swer or land or
○ Knowingly cause or permit to enter into any stream, any other matter which
directly or in comination wiht other similar matters, may tend to impede the
proper flow of its water and which may agrravate the pollution substantially.
● A person shall not be guilty of offense under this senection for
 ○ Constructing, improving or maintaining in/accross/on the bank or bed of any
stream, any building, bridge or wier/dam/dock/peir/drain/sewer or any other
pmernantn work which he has the right to contrsct/improve/maintain
○ Depositing any material on the bank/in the bed of any stream for the purpose of
reclaiming land or for supporting, repairing or protecting bank/bed of sch stream
provided such material are not capable of polluting it
○ Putting into any stream any sand/gravel/other natural deposit which has flowed
from or have been deposited by current of the stream an
○ Causing or permitting the deposit accumalted in a well, pond or resevoir to enter
into any stream with the permission of the state board
● SG, after consulation/on recommendation of State board, exempt a person from operation
of offense under this section through a notification in official gazette subect to condition
within it and such conditions may be altered/varied/amended by another like notification.

Section 25: Restriction on New Outlets and Discharges

● no person shall without the previous consent of the State Board
○ establish or take any steps to establish any (i) Industry, (ii) operation or process; (iii)
any treatment and system; or (iv) any extentiton or addition thereto, which is likely
to dischargfe sewage or trade effluent into a stream or well, sewer or on land; or
○ bring into use any new or altered outlet for the discharge of sewage (
○ begin to make any new discharge of sewage
● An for the consent of the State Board can be made on the prescribed form and fee. The
Board may make such enquiry as it may deem fit in respect of application for conset. The
State Board may grant its subject to such conditions, as it may deem fit, and the consent
will be valid only for such period as may be specified in the order
● The Board may also refuse such consent by the reasons in writing.
● Where, any industry, or process, or any treatment and disposal system or any or addition
thereto is establisheed without the consent of the Board or any new or altered outlet is
brought into use for the of the sewage, the State Board may serve on the person a notice
imposing any such conditions as might have been imposed on for the grant of consent in
respect of such establishment.
● Every Board shall maintain a register containing paritculars of conditions of imposed under
this section. The register shall be opened to all interested persons for at all reasonable hours.
Such register shall also be the conclusive proof of the fact that the consent was granted
subject to such conditions.
● The Board must decide the application for consent within a period of 4 period, otherwise
consent is deemed to have been given
Section 26: Provision regarding existing discharge of sewage or trade effluent
● If someone was discharging sewage or trade effluent into a stream, well, sewer, or on land
before the Act began, section 25's provisions apply to them as they do to others mentioned
in that section. The modification is that the application for consent must be made by a date
specified by the State Government in the Official Gazette.

Section 27: Provision regarding existing discharge of sewage or trade effluent

● (1) A State Board will not grant consent under section 25(4) for establishing or modifying
an industry, operation, or treatment system unless it meets the Board's conditions allowing
for sampling of effluent.
● (2) A State Board can periodically review:
○ (a) Any condition set under sections 25 or 26, and can notify the person granted
consent of any reasonable variations or revocations of these conditions.
○ (b) The refusal of consent under sections 25(1) or 26 or the granting of consent
without any conditions, and may issue orders as it deems appropriate.
● (3) Any conditions set under sections 25 or 26 can be varied as per sub-section (2) and
remain in effect until revoked under the same sub-section.

Section 28: Appeal

● Any person agrived by an order made by the State board under sections 25-27 may within
30 days from date on which order is communicated to him, prefer an appeal to the
appellate authority constituted by SG
● The appellate authority may entertain the appeal after expiry of 30 days if the authority is
satisfied that the appellant had a sufficient cause fo not filing the appeal in time.
● The appellate authority shall consist of a single person or 3 persons, as SG deems fit to
appoint.
● Form and manner in which appeal is preferred + fees payable for it + procedure to be
followed by appellated body shall be such as as be prescribed
● On receipt of appeal, the apellate authority shall dispose of it as expeditiously as possible
after giving appellant and state board an opportunity of being heard.
● If the appellate authority finds a condition imposed or its variation unreasonable:
○ (a) In appeals regarding unreasonable conditions, the authority may either annul
the condition or replace it with a more reasonable one.
○ (b) In appeals regarding unreasonable variations of a condition, the authority may
either keep the original condition unchanged or vary it in a reasonable manner.
;c Section 29: Revision
● SG may at any time, either of its own motion or on application, call for records of any case
where an order has been made by the State board under section 25-27 for the purposes of
satisfying itself as to the legality or priority of any such order and may pass any such order
as it may think fit.
● SG shall afford reasonable opportunity of being heard to the State Board and affected
person before passing any such order.
● No period of limitation is prescribed for filing such application.
● SG shall not revise any order under section 25-27 where
○ An appeal against the order lies to the appellate authority but the same has not
been preferred or
○ An appeal has been preferred against the order and such appeal is pending before
the appellate authority

Case Laws
● ​Subhash Kumar v State of Bihar
○ the right to live includes the right of enjoyment of pollution free water and air for
full enjoyment of life. If anything endangers or impairs that quality of life in
derogation of laws, a citizen has right to have recourse to Article 32 of the
Constitution for removing the pollution of water or air which may be detrimental
to the quality of life.
● MC Mehta v. Union of India (Kanpur Tanneries case)
○ The Court observed that the provisions of the Water Act were comprehensive but
the SPCBs had not taken effective steps to prevent the discharge of effluents into
the river Ganga
○ It also noted the failure of the Central Government to do much under the
Environment Act to stop the grave public nuisance caused by the tanneries
○ the Court observed that the fact that their effluents are first discharged into
municipal sewers did not absolve the tanneries from being proceeded against under
the provisions of the law in force, since ultimately the effluents reach the river
Ganga
○ Among other directions, the Court ordered stoppage of work in the tanneries,
which were discharging effluents into the river and which did not set up primary
treatment plants
○ It considered the financial capacity of the tanneries to set up primary treatment
plants to be irrelevant
● MC Mehta v. Union of India (Municipalities case)
 ○ The Supreme Court observed that the municipal authorities have the statutory
duty to prevent public nuisance caused by pollution of the river Ganga and
therefore, the municipal corporation of Kanpur has to bear the major responsibility
for river pollution near the city.
○ The Court also took note of the fact that many of the provisions of the Water Act
and the municipal laws for prevention and control of water pollution have just
remained on paper without any adequate action
● Indian Council for Enviro-Legal Action v Union of India and Others
● Vellore Citizens Welfare Forum v Union of India and Others
● Narmada Bachao Andolan v. Union of India

Module 11: Air (Prevention and Control of Pollution) Act, 1981

Preamble
● Act to provide for prevention/control/abatement of airpollution
● For establishment of boards, with view to carry out aforesaid purposes, and conferring on
and assigning them powers and functions relating to it/connected with it
● Whereas decisions was taken in the Stockholm Conference, which India was a party of, to
take appropriate steps for preservation of natural resources and quality of air, and to
control air pollution.
● Whereas its considered necessary to implement these decisions in so far as they related to
preservation of air quality and control of air pollution.

Definition (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
other living creatures or plants or property or environment;
● (b) “air pollution” means the presence in the atmosphere of any air pollutant;

Part 3: Central And State Boards For The Prevention And Control Of Air Pollution

Section 3: Central Pollution Control Board

● Central Pollution Control Board constituted onder S. 3 of Water Pollution Act, shall,
without prejudice to exercise and performances of its powers and functions under that act,
exercise powers and perform functions of Central Pollution Control Board for prevention
and control of air pollution under this act.
Section 4: State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State
Boards under this Act.
● In any state in which Water pollution act is in force and SG has constituted a State
Pollution Control Board under S.4 of the Act, such board shall be deemed to be State
Board for Prevention and Control of Air pollution under S.5 of this act and accordingly
the board shall exercise powers and functions of board for prevention and control of air
pollution without prejudice to its powers and functions under water pollution act.

Section 5:
● In any state in which the Water Pollution Act is not in force, or is in force but SG has not
constituted a State Pollution Board, SG shall, with effer to such date it may, through an
official gazette notification, appoint and constitute a State Board for the Prevention and
Control of Air Pollution under such name speficied in notification, to exercise and perform
functions assigned to it under this act.
● Shall consist of these members, nominated by SG
○ full-time chairman, having special knowledge/practical experience in
environmental protection or in managing institutions for above (maybe
whole-time/part-time as SG sees fit)
○ Not more than 5 officials nominated by SG to represent it
○ Not more than 5 persons from members of the local authorities within the State;
○ Not more than 3 non-officials to reprsented interest of
agri/fishery/industry/trade/other thers SG thinks ought to be represented
○ 2 persons to represent companies/corporations owned/controlled/managed by CG
○ Full-time member-secretary- possessiing qualification/knowledge/experience of
scientific/engineering/management aspects of pollution control
● Every State board shall be
○ Body corporate with name aforesaid
○ Having perpetual succession and common sea
○ Power (subject to this act) to acquire/hold/dispose of property, to contract, to sue
or be sued by aforesaid name

Chapter II: Powers and Functions of Board

Section 16: Functions of Central Board.—
● Subject to provision of this act and without prejudice to prejudice to performance of its
function under Water Pollution Act, main function of the Central board shall be to
improve air quality and prevent/control/abate air pollution in this country.
 ● In particular + without prejudice to generality of foregoing functions, Central Board may
perform all/any of these functions
○ a) Advise the CG on improving air quality and preventing, controlling, or reducing
air pollution.
○ (b) Plan and implement a nationwide program for preventing, controlling, or
reducing air pollution.
○ (c) Coordinate the activities of State Boards and resolve disputes among them.
○ (d) Provide technical assistance and guidance to State Boards, conduct
investigations and research on air pollution prevention and control.
○ (dd) Perform the functions of any State Board specified in an order under section
18(2).
○ (e) Plan and organize training for individuals engaged in air pollution prevention,
control, or reduction programs as specified by the Central Board.
○ (f) Organize a comprehensive media program for preventing, controlling, or
reducing air pollution.
○ (g) Collect, compile, and publish technical and statistical data on air pollution and
the measures for its effective prevention, control, or reduction; prepare manuals
and guides on air pollution prevention and control.
○ (h) Set standards for air quality.
○ (i) Collect and share information on matters related to air pollution.
○ (j) Perform other prescribed functions.
● The Central Board may establish or recognise a laboratory or laboratories to enable the
Central Board to perform its functions under this section efficiently.
● The Central Board may—
○ (a) delegate any of its functions under this Act generally or specially to any of the
committees appointed by it;
○ (b) do such other things and perform such other acts as it may think necessary for
the proper discharge of its functions and generally for the purpose of carrying into
effect the purposes of this Act.

Section 17: Functions of State Board.—

● Subject to the provisions of this Act, and without prejudice to the performance of its
functions,under the Water Pollution Act, the functions of a State Board shall be—
○ (d) Secure the execution of air pollution prevention and control programs.
○ (b) Advise the State Government on matters concerning the prevention, control, or
reduction of air pollution.
○ (c) Collect and share information related to air pollution.
 ○ (d) Collaborate with the Central Board in organizing training for individuals
involved in air pollution prevention, control, or reduction programs, and organize
mass education programs related to air pollution.
○ (e) Inspect control equipment, industrial plants, and manufacturing processes at
reasonable times and issue necessary orders to prevent, control, or reduce air
pollution.
○ (f) Inspect air pollution control areas at necessary intervals, assess air quality, and
take steps to prevent, control, or reduce air pollution in those areas.
○ (g) Set standards for the emission of air pollutants from industrial plants,
automobiles, or other sources (except ships and aircraft), in consultation with the
Central Board and considering its air quality standards. Different emission
standards may be set for different industrial plants based on the quantity and
composition of emissions.
○ (h) Advise the State Government on the suitability of premises or locations for
industries likely to cause air pollution.
○ (i) Perform other functions as prescribed or as assigned by the Central Board or
State Government.
○ (j) Take necessary actions and perform tasks required for fulfilling its functions and
carrying out the objectives of the Act.
● A State Board may establish or recognise a laboratory or laboratories to enable the State
Board to perform its functions under this section efficiently.

Section 18: Power to give directions

● In the performance of its functions under this Act
○ Central Board is bound by such directions in writing as the CG may give to it
○ the Central Board shall be bound by such directions in writing as the Central
○ Every state board shall be bound by such direction in writing that either the central
board or SG may provide it.
■ Provided: where direction by SG is inconsistent than the one given by
Central Board, matter shall be referred to SG for its decisions.
● Where CG is of the opinions that State board has defaulted inc complying with directions
given by Central board and this default results in grave emergency and its
necessasry/expedient to do so in Public Interest, it may, by order, direct central board to
perfrom any functions of the state board for that area, for such period and purposes
specified in the order.
● When Central Board Performs functions of State Board in pursuant of direction under
sub-sec 2, expenses incurred by it with respect to such performance, shall be recovered by
central board at reasonable rate CG may by order fix, from the day the demand for it has
 been paid till it is paid from person/s concerned as arrears of land revenue/public demand
only if State Board is empowered to recover it.
● For removal of doubts, its declared that any direction to perform functions of any State
Board under (2) in any area will not preclude the State Board from performing such
function in any other area/ or any other function in that area

Part Iii: Prevention And Control Of Air Pollution

Section 19: Power to declare air pollution control areas

● SG may, after consultation with State Board, do the following, by official gazette
notification
○ Declare any area or areas within the state as air pollution area/s
○ Alter any air pollution area whether by way of extension or reduction
○ Declare a new air pollution control area which may be merged with one or more
existing air pollution control areas or any part or parts thereof
○ If, afte consultation with State Board, SG belives that use of any fuel other than
approved fuel, which may cause or likely cause air pollution in pollution area or
part thereof, Prohibit the use of such fuel with effect from such date (not being less
than 3 months from the date of publication of notification) as may be specified in
the notification
○ Direct that no appliances other than the approved applicances shall be used in the
premises situated in the air pollution control area.
○ Prohibit the burning of such material other than fuel which is lijkely to cause air
pollution in air pollution control area or part thereof

Section 20
● To esnuree that standards for emission of air pollutatnts from automobiles laid down by
State Board in S.17(1)(g) are complied with, SG, shall, in consultation with State Board,
give such intructions, as may be deemed necessary, to authority incharge of motor vehicles
under Motor Vehincles Act, 1988, and such authority shall be bound to comply with such
insturctions.

Section 21
● No person shall establish/operate any industrial plant in an air pollution control area
without the previous consent of the State Board
● If any person was operating any industrial plant before 1/4/1988 n any pollution control
area, for which no consent was necessary, such person shall apply for consent of the state
 board within the period of 3 months and continued to operate the industrial plant till his
application is disposed of.
● An application for consent of State Board shall be accompanied by prescribed fee and made
in prescribed form which shall contain all particulars of an industrial plant. Where a person
makes such application, he shall be deemed to be operating the industrial plant with
consent of State Board until the consent applied has been refused. On the receipt of such
aplication form for consent, the Board shall make such enquiry as it may deem fit and shall
follow the prescrived procedure for the same.
● The State Board, after receipt of application shall either grant the consent subject to such
conditions and for such period as may be specified in the order or refuse such consent.
● The order of the State Board granting or refusing the permission shall be made in writing
within 3 months of receupt of application.
● It is open to the State Board to cancel the consen before the expiery of the preiod for which
it was granted or refuse further consent after expiry if the conditions subject to which the
consent was granted are not fulfilled. But before cancelling the consent or refusing further
consent, a resonal opporutnity of being hear shall be given to person concerned.
● Every person to whom consent has been granted by the State Board shall comply with
following conditions.
○ Control euipment of such specification, as the State Board may approve in this
behalf, shall be installed and operated in the premises where the industry is carried
on or propesd to be carried on
○ The existing control equipment, if any, shall be altered or replaced in accordance
with direction of State Board
○ The control equipment referred to above shall be kept at all time in good running
condition
○ Chimney, wherever necessary, of such specification, as State Board mahy approve in
this behalf, shall be erected/re-erected in such premises and
○ Such other condition the State Board may specify in this behalf.
● The Above condition shall not be altered except withm previous approval of the Board.
However, if due to any technological improvement or otherwise, the Board is of the
opinion that all of any of the condition mentioned above require variotion or change of any
control equipment, the State board shall vary all ro any of such condition and person shall
be bound to comply with it. But before doing so, the person to whom the consent was
granted shall have a reasonable opporunity of being heard.
● Where a person, to whom the consent has been granted by the state board, transfers his
interest in the industry to any other person, such consent shall be deemed to have been
granted to such other person and he shall be bound to comply with all conditions usbject
to which it was granted as him the consent was orginally granted to him.
 ● No person operating any industrial plant in any pollution control area shall dischage or
cause or permit to be discharged the emission of any air pollutant in excess of standards laid
down by the State Board under Section 17(1)(g).

Section 22
● No person operating any industrial plant, in any air pollution control area shall discharge or
cause or permit to be discharged the emission of any air pollutant in excess of the standards
laid down by the State Board under s.17(1)(g)

Module 12: Noise Pollution

Noise Pollution (Regulation and Control) Rules, 2000

Rule 3: Ambient air quality standards in respect of noise for different areas/zones.
● The Ambient air quality standards in respect of noise for different areas/zone shall be
specified in the schedule (given bellow)

●
● (Note for above)
○ Day Time shall mean: 6am-10-pm
○ Night time shall mean: 10-m-6am
○ Mixed categories of area may be declared as one of the 4 above categories by
competent authority
● SG shall categorize the areas into industrial/commercial/residential/silence areas/zone for
the purpose of implementation of noise standards for different areas
○ Proviso: area shall not shall under silence area/zone unless notified by SG
● SG shall take measures for abatement of noise including noise emanating from vehicular
movements, blowing of horns, bursting of sound emitting crackers, loud speaker, public
address system, or sound-producing instruments and ensure existing noise levels don’t
exceed ambient air quality standards specified in these rules.
● All development authorites/local bodies/other concerned authorities while planning
development activity/carrying out functions relating to town and country planning, shall
 take into consideration all aspect of noise pollution as parameter of quality of life to avoid
noise menace and achieve objective of maintains ambient air quality standard for noise
● Area comprising not less than 100 meters around hospitals/education insitutes/courts may
be declared by SG as silence area/zone for purpose of these rules.

Rule 4: Responsibility as to enforcement of noise pollution control measures

● Noise levels in any area/zone shall not exceed the ambient air quality standards with respect
to noise specified in the schedule
● Authority shall be responsible for enforcement of noise pollution control measures and
due compliance of ambient air quality standards with respect to noise
● Respective state pollution control boards/pollution control committees, in consultation
with central pollution control board, shall collect/compile/publish technical and statistical
data relatng to noise pollution and measures devised for its effective
prevent/control/abatement.

Rule 5: Restrictions on use of loud speakers/public address system/sound producing instruments

● A loud speaker or a public address system shall not be used except after obtaining written
permission from the authority
● loud speaker/public address system/sound producing instrument/musical instrument/
sound amplifier shall not be cused at night except in closed premises for communication
within like auditoria/conference rooms/community halls or during a public emergency
● Notwithstanding restrictions outlined in sub-rule (2), the SGt may, subject to necessary
t&C for minimizing noise pollution, allow the use of loudspeakers or public address
systems during night hours (from 10:00 p.m. to 12:00 midnight) for cultural, religious, or
festive events that last no more than fifteen days in total during a calendar year. SG/District
Authority authorised by SG within its jurisdiction, shall specify in advance the
number/details of days when the exemption applies.
● For purpose of above
○ “festive occasion” shall include any National function or State function as notified
by the CG or SG
○ “National function or State function” shall include”-
■ (A) Republic Day;
■ (B) Independence Day;
■ (C) State Day; or
■ (D) such other day as notified by the CG/SG

Rule 5-A: Restriction on use of horn/sound emitting construction or equipments/bursting of

firecrackers
 ● No horn shall be used in silence zones or during night time in residential areas except
during a public emergency.
● Sound emitting fire crackers shall not be burst in silence zone or during night time.
● Sound emitting construction equipments shall not be used or operated during night time
in residential areas and silence zones

Rule 6: . Consequences of any violation in silence zone/area.

● Whoever, in any place covered under the silence zone/area commits any of the following
offence, he shall be liable for penalty under the provisions of the Act:
○ plays any music or uses any sound amplifiers,
○ beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or
beats or sounds any instrument,
○ exhibits any mimetic, musical or other performances of a nature to attract crowds.
○ whoever, bursts sound emitting fire crackers; or
○ whoever, uses a loud speaker or a public address system

Rule 7: Complaints to be made to the authority

● A person may make an complaint to the authority if noise level exceeds ambient noise
standards by 10 dB(A) or more included in schedule or if there is violtion of any provisions
for restrictions at night time
● The authority shall act on the complaint and take action against the violator in accordance
with the provisions of these rules and any other law in force.

Rule 8: Power to prohibit, etc, continuance of music sound/noise

● If authority is satisified from officer in-charge of police station’s report or any ohter info
received by him, including from complainant, that it’s necessary to do no in order to
prevent annoyance/disturbance/discomfort/injury or risk of above to public/any person
dwelling or occupying property in vicity/ he may issue directions he considers necessary to
any person for preveting/prohibiting/controling/regulation through a written order-
○ the incidence or continuance in or upon any premises of
■ any vocal or instrumental music
■ Sounds caused by playing/beating/clashing/blowing/using in any manner
of instruments including loudspeakers/public address sytems/horn/
construction equipment/appliance/apparatur or contrivance capable of
producing/reproducing sound
■ sound caused by bursting of sound emitting fire crackers or
○ the carrying on in or upon, any premises of any trade, avocation or operation or
process resulting in or attended with noise
 ● The authority empowered under sub-rule (1) may rescind, modify, or alter any order either
on its own motion or upon application by an aggrieved person.
○ Provided, before disposing of the application, the authority must allow the
applicant (and the original complainant, if applicable) an opportunity to appear
and present their case, and if the application is rejected wholly or partly, the
authority must record its reasons for the rejection.

Noise Pollution and Judicial Approach

Maulana Mufti Syed Md Noorur Rehman Barkati & Ors v. State of Bengal and Ors
● Petitioners provaed that Rule 3 of the Environmental (Protection) Rules, 1986 in regard to
Schedule III should not apply at the time of call of Azan (an obligatory prayer called by the
head of the Mosque five a day)
● Further prayed for a proclamation that Schedule III of the said rule is ultra vires Articles
14[2] and 25[3] of the Indian Constitution.
● ruled that "Azan" is an essential part of Islam, but the use of loudspeakers is not essential to
"Azan. No religious text establishes that use of microphones or any other machine except
the human voice is a requisite for giving Azan.
● Microphones have been invented later and are found to be one of the major sources of
sound pollution and affect the fundamental right of citizens under Article 19(1)(a) of the
Constitution, making citizens captive listeners, suspending all their fundamental and legal
rights.
● None can claim an absolute right to suspend other rights, or it can disturb other basic
human rights and fundamental rights to sleep and leisure
● Right to sleep is not only a fundamental right, but also a basic human right.

Church of God in India v. K K R Majestic Colony Welfare Association & Ors.

● The case involved a Pentecostal Christian prayer hall that used drums, guitars, and
loudspeakers. The K.K.R. Majestic Colony Welfare Association was a welfare organization
in this area which complained to the Tamil Nadu Pollution Control Board, claiming that
the church was bothering the locals by producing noise pollution.
● The Constitution has given religious institutions fundamental right to practice, profess
and propagate.
● But the Court held that 'undisputedly no religion prescribed that prayers should be
performed by disturbing the peace of other nor does it preach that they should be through
voice-amplifiers or beating of drums. In our view, in a civilized society in the name of
religion, activities which disturb old, infirm persons, students or children having their sleep
in the early hours or during day time or other persons carrying on other activities cannot be
permitted..'.
 ● The Court while adjudicating the appeal observed that in the present case, the contention
with regard to the right under Art. 25 or Art. 26 of the Constitution which are subject to
'public order, morality and health' are not required to be dealt with in detail mainly
because.. no religion prescribes or preaches that prayers are required to be performed
through voice amplifiers or by beating of drums.
● In any case, if there is such practice, it should not adversely affect the rights of others
including that of being not disturbed in their activities.

Sheikh Ikram Sheikh Israil v. State of Maharashtra

● Appellants were engaged in the business of manufacturing brass utensils. Superintendent
of Police issued a notice to them, demanding them to stop business within 2 days, as the
manufacturing related noise pollution ​affects the neighbours, teachers and students around
and nearby the houses of the appellants.
● The appellants took the stand that they were in business before the opening of the school
in the vicinity of their houses and there cannot be any complaint of noise pollution against
them.

Module 13: Environment (Protection) Act, 1986

Definition (Section 2)
● (a) “environment” includes water, air and land and the inter-relationship which exists
among and between water, air and land, and human beings, other living creatures, plants,
micro-organism and property;
● (b) “environmental pollutant” means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment;
● (c) “environmental pollution” means the presence in the environment of any
environmental pollutant;

Chapter II: General Powers of the Central Government

Section 3: Power of Central Government to take measures to protect and improve environment
● Subject to provisions of this Act, CG shall have the power to take such measures it deems
necessary/expedient for the purpose of protecting and improving quality of environment
and preventing/controling/abating environmental pollution
● Without prejudice to generality of S.3(1), such measures may includes relating to following
○ Co-ordination of actions of SG officers and any other authorities under this act or
any other act
○ Planning and executing of nation-wide programmes for the prevention, control
and abatement of environmental pollution.
 ○ Laying down standards for quality of environment in various apsects
○ Laying down standards for emission/discharge of environmental pollutants
○ Resistrictions of areas in which industry, operation or process shall be carried out
○ Laying down procedures and safeguards for prevention of accidents which may
cause environmental pollution and remedial measures for such accidents
○ Laying down procedures and safeguards for handing of hazarous substances
○ Examination of manufacturing processes,material and substances which are likely
to cause environmental pollution
○ Carrying out and sponsoring investigations and research relating to problems of
environmental pollution
○ Inspection of any premises, equipment, material or substances, etc and giving
directions to authorities, persons and officers to take steps for prevention, control
and abtement of environmental pollution
○ Establishing and recognition of environmental labortatories
○ Preparation of manual, codes or guides relating to prevent/control/abtement of
environmental pollution
○ Collection and dissemination of information with respect of matters relaating to
environmental pollution
○ Such other matters as CG may deem necessary for purpose of securing effective
implementation of this act
● CG may, if it considers necessary/expedient to do so for purpose of this act, by an order
published in official gazette, constitute an “authority” or “authorities” to exercise powers
and perform powers and function of CG under this act (including that under s.5) and for
taking measures with regards to s.3(2) subject to supervision and control of CG.

Section 5: Power to give directions

● CG in exercise/performance of its powers and functions, can issue direction (in writing) to
any person/officer/authority and they shall be bound to comply with it.
● power to issue directions under this section includes the power to direct—
○ (a) the closure, prohibition or regulation of any industry, operation or process; or
○ (b) stoppage or regulation of the supply of electricity or water or any other service

Section 6: Rules to regulate environmental pollution

● CG may make rules - respect to any/all matters referred in S.3 through official gazette
notification
● In particular, without prejudice to generality of above, such rules may provide for
following matters
○ (a) the standards of quality of air, water or soil for various areas and purposes;
 ○ (b) the maximum allowable limits of concentration of various environmental
pollutants (including noise) for different areas;
○ (c) the procedures and safeguards for the handling of hazardous substances;
○ (d) prohibition & restrictions - handling of hazardous substances in different areas;
○ (e) the prohibition and restrictions on the location of industries and the carrying
on of processes and operations in different areas;
○ (f) the procedures and safeguards for the prevention of accidents which may cause
environmental pollution and for providing for remedial measures for it

Chapter III: Prevention, Control And Abatement of Environmental Polluction

Section 7: Persons carrying on industry, operation, etc., not to allow emission or discharge of
environmental pollutants in excess of the standards.—
● No person carrying on any industry/operation/process shall discharge/emit or permit to be
discharged/ mitted any environmental pollutant in excess of prescrived standards

Section 8: Persons handling hazardous substances to comply with procedural safeguards.—

● No person shall handle/cause to be handled any hazardous substance except in accordance
with such procedure and after complying with such safeguards as may be prescribed.

Section 10: Powers of entry and inspection.

● Subject to provisions of this section, any person empowered by CG on this behalf has right
to enter, at all reasonable times and with assistance he considers necessary, any place
○ for the purpose of performing any of the functions of the CG entrusted to him;
○ For purpose of determining whether & if so in what manner, functions are to be
performed or wheter provisions of this act/rules made under/notice/ order/
direction/ authorization - served/made/given/granted - is/has been complied with.
○ For person of examining + testing any equipment/industrial plant/record/register/
doc/any other material for conducting search of any building that person believes
an offence under this act or rules has is about about to be committed
■ And for seizing such equipment/industrial plant/etc if he believes it to
purnish evidence or commission of such offence or
■ If such seizbure is necessary to prevent/mitigate environmental pollution
○ Every person carrying on any industry/operation/process/handling any hazardous
substance- bound to render all assistance to person empowered by CG under
s.10(1) to carry out function thereunder. If fails to do so without reasonable
cause/excuse- guilty of offence under the act.
 ○ Every person carrying on any industry, operation or process or handling any
hazardous substance shall be bound to render all assistance to the person
empowered by the Central Government under 10 (1) for carrying out the functions
under that sub-section and if he fails to do so without any reasonable cause or
excuse, he shall be guilty of an offence under this Act.
○ Any person wilfully delays/obstructs person empowered by CG under 10(1) in
performance of his function-guilty offence
○ Provisions of CRPC may apply to any search/seizure under this section as they
apply to any search/seizure made under warrant issued under s.94, CRPC or its
corresponding provisions.

Section 11: Power to take sample and procedure to be followed in connection therewith
● CG/any officer empowered by it on this power has the power, for purpose of analysis, to
take samples of - (1) water; (2) water; (3) soil; (4) any other substance.
● Sample shall be taken - prescribed manner from any: (1) factory; (2) premises; (3) ors places.
● In order to make the result of sample admissible in evidence in any legal proceedings, the
following procedure must be followed
○ Notice must be served on the occupier/his agent/any person in charge of place and
it, in prescribed form, must indicate the intention to have analysis of the sample.
○ Sample must be collected in presence of occupier/person in charge
○ Sample to be placed in the container which should be marked/selaed/signed by
person taking sample as well as occupier/etc.
○ Send without delay to environmental laboratory established under s.12
● Where sample is to be taken and person taking the notice servs notice on occupier/etc and
where occupier/etc (1) willfully absents himself or (2) refuses to sign the marked and sealed
container, it shall be marked, sealed and signed by person collecting sample and sent
without delay to lab for analysis established in s. 12. He should also inform govt analyst
appointed under s. 13 in writing about wilful absence/refusal to sign.

Section 15
● Any person who fails to comply/contravenes any provisions of the act/rules made
thereunder/order or directions issued thereunder, then for such failure/contravention be
punishable with
○ Imprisonmentment for term that may extend upto 5 years or
○ Fine which may extend unpto one lakh or both
● If failure/contravention continues after conviction of first failure/contravention, an
additional fine which may exceed upto 5k for every day can be imposed for period where
such failure/contravention continues.
Section 16: Offences by Companies
● Where any offence-committed by a co, then the co as well as person directly in charge of +
responsible for conduct of the co’s business- deemed to be guilty + liable for punishment
● However, person incharge of and responsible for co’s conduct of business- not liable when
○ That offence was committed without his knowledge or
○ He excercised all due diligence/care to prevent commission of such offence
● If it is proved that offence has been committed by a company with consent/connivcane/
negligence of any direct/manager/secretary/other officer of co, such persons deemed guilty
of offence and liable for punishment

Section 17: Offences by Government Departments

● When an offence under this act has been committed by any govt department, the head of
the department shall be deemed to be guilty and liable for punishment
○ Proviso: There is no liablity for head of department if they probe
■ That the offence was committed with their knowledge
■ They exercised all due dilliegnce and care to prevent its commission
● If it is proved that the offence was committed by a govt. Department with the
consent/connivance/negligence of any officer, other than head of the department, then
such officer shall be deemed to be guilty and liable for punishment.

Section 19: Cognizance of offences.

● No court shall take cognizance of any offence under this Act except on a complaint made
by,—
○ CG or any authority or officer authorised in this behalf by that Govt(
○ Any person - has been given notice of not less than 60 days in manner prescribed,
of alleged offence and of his intention to make complaint to CG or authority/office
authrorised by CG.
Section 22: Bar of jurisdiction.
● No civil court shall entertain any suit/proceeding in respect of anything done/actions taken
by CG/other authority in exercise of its powers and performances of function under the act

Section 24: Effect of other laws

● Subject to provisions of 24(2), provisions of this act and rules made thereunder shall have
effect notwithstanding any inconsistent therewith within any other act.
● Where any act/ommission constitutes an offence punishable under this act + any other act -
offender guilty liable to be punished under the other act and not this act.
Section 25: Power to make rules
● CG may, through official gazette notification, make rules to carry out purposes of this act
● In particular and without prejudice to generality of 25(!), such rules may provide for
following matter
○ (a) Specifies maximum levels of environmental pollutants that cannot be exceeded
under section 7.
○ (b) Outlines the procedure and safeguards for handling hazardous substances
under section 8.
○ (c) Identifies authorities to be notified of pollutant discharge beyond prescribed
standards and who must be assisted under section 9(1).
○ (d) Describes the process for collecting samples of air, water, soil, or other
substances for analysis under section 11(1).
○ (e) Sets the format for serving notice of intention to analyze a sample under section
11(3)(a).
○ (f) Establishes the roles of environmental laboratories, including the process for
submitting samples for analysis, the format for lab reports, fees for reports, and
other aspects under section 12(2).
○ (g) Specifies qualifications for Government Analysts handling analysis of air, water,
soil, or other substance samples under section 13.
○ (h) Outlines how to give notice of the offence and intent to report to the Central
Government under section 19(b).
○ (i) Names the authority or officer to whom reports, returns, statistics, accounts,
and other information must be submitted under section 20.
○ (j) Covers any other matter that is required or permitted to be prescribed.

Module 14: Concepts of Environment Impact Assessment

What is EIA
● EIA full form is Environmental Impact Assessment. I
● EIA can be defined as the study to predict the effect of a proposed activity/project on the
environment.
● A decision making tool, EIA compares various alternatives for a project and seeks to
identify the one which represents the best combination of economic and environmental
costs and benefits.
● EIA systematically examines both beneficial and adverse consequences of the project and
ensures that these effects are taken into account during project design.
● It helps to identify possible environmental effects of the proposed project, proposes
measures to mitigate adverse effects and predicts whether there will be significant adverse
environmental effects, even after the mitigation is implemented.
 ● By considering the environmental effects of the project and their mitigation early in the
project planning cycle, environmental assessment has many benefits, such as protection of
environment, optimum utilisation of resources and saving of time and cost of the project.
● Properly conducted EIA also lessens conflicts by promoting community participation,
informing decision makers, and helping lay the base for environmentally sound projects.

General Processes of EIA

● Screening: First stage of EIA, which determines whether the proposed project, requires an
EIA and if it does, then the level of assessment required.
● Scoping: This stage identifies the key issues and impacts that should be further investigated.
This stage also defines the boundary and time limit of the study.
● Impact analysis: This stage of EIA identifies and predicts the likely environmental and
social impact of the proposed project and evaluates the significance.
● Mitigation: This step in EIA recommends the actions to reduce and avoid the potential
adverse environmental consequences of development activities.
● Reporting: This stage presents the result of EIA in a form of a report to the
decision-making body and other interested parties.
● Review of EIA: It examines the adequacy and effectiveness of the EIA report and provides
the information necessary for decision-making.
● Decision-making: It decides whether the project is rejected, approved or needs further
change.
● Post monitoring: This stage comes into play once the project is commissioned. It checks to
ensure that the impacts of the project do not exceed the legal standards and
implementation of the mitigation measures are in the manner as described in the EIA
report.

EIA 2006

Module 15: Environmental Social Governance ( ESG )

What is ESG
● ESG reporting is the disclosure of environmental, social and corporate governance data.
● More specifically. ESG reporting is all about disclosing information covering an
organization's operations and risks in ]
○ environmental stewardship,
○ social responsibility,
○ corporate governance.
● Environmental:
 ○ Pertains to corporate climate policies, greenhouse gas emissions, pollution,
deforestation, biodiversity loss, energy efficiency, water management, treatment of
animals and compliance with environmental regulations, etc.;
● Social:
○ Pertains to corporate’s relationship with internal and external stakeholders, viz.
employee safety and health, working conditions, diversity, equity and inclusion,
conflicts and humanitarian crises and in risk and return assessments in enhancing
or otherwise customer satisfaction and employee engagement; a
● Governance:
○ Pertains to ensuring that a company uses accurate and transparent accounting
methods, pursuing integrity and diversity in selecting its leadership and is
accountable to shareholders and dealing with prevention of bribery and
corruption, cybersecurity and privacy practices and the manner in which the
leadership responds to and interacts with the stakeholders viz. shareholders,
auditors, internal controls, employees, regulators, and media.
● 9 principles
○ Ethical, transparent, accountable
○ Goods and services – sustainable and safe
○ Well-being of all employees
○ Responsible towards all stakeholders
○ Promotion of human rights
○ Protection of environment
○ Responsible and transparent engagement in public policy
○ Equitable development
○ Consumer value

ESG under Companies Act

Section 134: Financial statement, Board‘s report, etc
● The financial statement, including consolidated financial statements if any, must be
approved by the Board of Directors. It requires signatures from the chairperson (if
authorized) or two directors, including one managing director, the CEO (if a director),
CFO, and company secretary (if appointed). For an OPC, only one director's signature is
required before submission to the auditor.
● The auditors‘ report shall be attached to every financial statement.
● There shall be attached to statements laid before a company in general meeting, a report by
its Board of Directors, which shall include—
 ○ (l) material changes and commitments, if any, affecting the financial position of the
company which have occurred between the end of the financial year of the
company to which the financial statements relate and the date of the report;
○ (m) the conservation of energy, technology absorption….as may be prescribed

Section 135: Corporate Social Responsibility

● (1): Every company having
○ net worth of rupees 500 cr or more
○ Turnover of 1000 cr or more
○ Net profit of 5 cr of more
During the immediately preceding financial year to constitute a CSR committee of Board
consisting of 3 or more directors, out of which at least one director shall be independent
director (if no ID required by statute then just 2 or more directors)
● (2): Composition of CSR committee shall be disclosed in board’s report mentioned in
S134(3)
● (3): CSR Committee shall
○ Formulate and recommend to the BoD a CSR policy indicating activities to be
undertaken by company
○ Recommended amount of expenditure to be incurred on CSR activities
○ Monitor CSR policy of company from time to time
● (4): BoD of companies mentioned in 135(1) shall
○ Approve Companies CSR policy and disclose its contents in its reports & place it
on its website in manner prescribed after taking into account CSR comm’s
recommendations
○ Ensure activities included in CSR policy are undertaken.
● (5): BoD of companies prescribed shall ensure that company spends min 2 percent of
average net profits company made during the 3 immediately preceding financial years,
every year in pursuance of its CSR policies
○ Provided that it shall give preference to the local area and areas around it where it
operates for such spending

CSR Definition under CSR Rules, 2014

● Rule 2(c) of Companies (Corporate Social Responsibility Policy) Rules, 2014:
○ "Corporate Social Responsibility (CSR)" means and includes but is not limited to
■ (i) Projects or programs relating to activities specified in Schedule VII to
the Act or
■ (ii) Projects or programs relating to activities undertaken by the Board in
pursuance of recommendations of the CSR Committee as per the declared
 CSR policy subject to the condition that such policy covers subjects
enumerated in the Schedule.

Section 166: Duties of a Director

● (1) Subject to the provision of the act, a Director shall in accordance to the company’s
AOA
● (2) The director of the company shall, in good faith:
○ Promote the objects of the company for the benefit of its members as a whole and
○ In the best interest of the company, its employees, the shareholders, the
community and for the protection of environment
■ Introduction of stakeholder theory
● (3) the director shall exercise his duties with due and reasonable care + skill and diligence
+ exercise independent judgement
● (4) shall not be involved in a situation where he may, directly or indirectly, have interest
that conflicts (or may possibly conflict with) the company’s interest.
● (7) if any director contravenes this section that he must pay a fine of 1 lakh ​≤ 5 lakhs. ]

BRR to BRSR Reporting

● The SEBI introduced the requirement of ESG reportingin 2012 and mandated that the top
100 listed companies by market capitalization shall file a BRR.
● This was later extended to the top 500 listed companies by market capitalization in 2015.
● Peramendment to regulation 34 (2) (f) of LODR Regulations, SEBI, in 2021, introduced
new reporting requirements on ECG parameters called the Business Responsibility and
Sustainability Report (BRSR)
● With regards to BRR, the disclosures with regards to environment was based on these
principles
○ Principle 1: Businesses should conduct themselves with ethics, transparency and
accountability. They should be truthful in their financial disclosures and avoid
corrupt practices.
○ Principle 2: Businesses should provide safe products and services throughout their
life cycle and promote sustainable consumption. They should be mindful of
resource use and respect intellectual property rights.
○ Principle 3: Businesses should promote the wellbeing of all employees. This
includes respecting their rights, providing equal opportunities, ensuring fair wages
and a safe work environment.
○ Principle 4: Businesses should respect the interests of all stakeholders, especially
those who are disadvantaged. They should be responsive to their concerns and
resolve differences fairly.
 ○ Principle 5: Businesses should respect and promote human rights. This includes
understanding human rights principles and integrating them into business
practices.
○ Principle 6: Businesses should respect, protect and restore the environment. They
should use resources responsibly, reduce pollution and adopt sustainable practices.
○ Principle 7: Businesses should influence public policy responsibly and ethically.
○ Principle 8: Businesses should support inclusive growth and equitable
development. They should innovate for social good and minimize negative
impacts.
○ Principle 9: Businesses should engage with customers responsibly. This includes
being truthful in their marketing, respecting customer choice and providing
grievance redressal mechanisms.

Comparative study of ESG Process in India, US and UK

USA (from ppt)
● January 2020: the SEC issued guidance stating that companies should identify and address
“those key variables and other qualitative and quantitative factors that are peculiar to and
necessary for an understanding and evaluation” of the business and, accordingly, material
to investors
● August 2020: the SEC revised Regulation S-K (non-financial information) to require new
descriptions, where material to an understanding of the business, of a company’s “human
capital resources”
● 2021: the SEC approved a change to the Nasdaq rules that requires Nasdaq-listed
companies to have, or explain why they do not have, at least two diverse directors on their
boards. The new Nasdaq rules also require disclosure of voluntary self-identified gender,
racial characteristics, and LGBTQ+ status of a company’s board.
● September 2023, the SEC finalised amendments to the Investment Company Act to ensure
funds whose names suggest a focus on one or more environmental, social or governance
factors are investing at least 80% of their assets in accordance with such focus.
● the SEC’s proposed climate-related disclosure rules are expected to be adopted by the end
of 2024

UK (from ppt)
● At present, the UK has no single ESG law or regulation.
● However, one key regulation for ESG disclosures in the UK that does exist is the
Companies Act. It includes requirements for annual reporting, and this applies to larger
companies that are listed, have more than 500 employees or exceed £500 million in annual
turnover.
 ● Non-financial information has always been a requirement of these reports but the Act was
extended in 2022 to include sustainability details.
● Large UK companies are now required to report on energy usage and carbon emissions as
part of their annual reports.
● Additionally, starting in 2023, ESG reporting in the UK will be further defined through
Sustainability Disclosure Requirements (SDRs). The SDRs offer a framework for
companies to handle sustainability opportunities, potential risks, and effects, while also
establishing measurable goals and objectives.

Module 17: Protection of Forests and Wild Life

Forest Act, 1927

Intro
● Regulatory measures were introduced to prohibit/control quarrying of stones, burning of
lime or charcoal, the collection of anything for manufacturing process, or removal of any
forest produce in any such forest and the breaking up or clearing for cultivation, for
building and for herding cattle.
● Inspectors were conferred with the power to arrest without warrant in cases of disobeying
or violation of the provisions of this Act.
● The practice of shifting cultivation was recognized. However, it was subject to satisfaction
of the Forest Settlement Officer who upon recording the claims, informed the State
Government regarding the permissibility of the same

Reserved Forest (Chapter II)

● Section 3:
○ empowers the State Government to constitute/declare any forest land or wasteland
as reserved forest by issuing notification in this regard.
○ Once a forest is declared as a reserved forest, the state government has the
proprietary right over that area and all individual or community rights on that area,
which existed before such notification, shall be extinguished.
● Process of declaration:
○ State government shall issue a notification which shall declare the intention of
government to constitute an area as reserved forest, specifying the limits of that area
and appoint the Forest Settlement Officer to redress to the queries
○ The officer is obliged to inquire into the claims made by the individuals and if any
claim exist in the government record, then such claims must be settled (Sections 6,
7).
 ○ Once a notification is published in the Official Gazette, the same is declared to be
reserved from a date fixed by a notification in the Official Gazette (subject to
conditions mentioned in Section 20).

Chapter III, Section 28, Village Forests:

● State Government establishes Village Forests by assigning rights to a village community
over any land constituting a reserved forest.
● The State Government may make rules for regulating the management of village forests,
prescribing the conditions under which the community to which any such assignment is
made may be provided with timber or other forest-produce or pasture, and their duties for
the protection and improvement of such forest.

Protected Forests (Chapter IV)

● The State Government is empowered to declare any forest-land or waste-land which is not
included in a reserved forest but over which the Government has proprietary rights or has
right over any part of forest produce, as protected forest.
● However, the government must survey about the rights and claims of private individuals in
the forest area which is under consideration and only after the settlement of such claims an
area can be declared as protected forest.
● Acts prohibited in such forests:
○ S. 26: fresh clearing, setting up of fire, trespassing of cattle, felling/cutting of trees,
quarrying of stones, burning of lime or charcoal, the collection of anything for
manufacturing process, etcetera.

Forest (Conservation) Act of 1980

● The Forest (Conservation) Act of 1980 was enacted to curb and control deforestation
● Section 2 provides that the State Government shall not make amendments regarding usage
of forest land for non-forest purpose or de-reservation of forests except with the prior
approval of the Central Government.
● The Act further directs cessation of all such non-forest activities within any forest which
are ongoing without prior approval of the Central Government (State of MP v. Krishna
Das)

Text of Section 2
● Notwithstanding anything contained in any other law in force, no SG/Other Auhtority,
except with prior approval of CG, make any order directing
○ That any reserved forest, within the meaning of that expressions within any law in
force at that state, or any portion thereof shall cease to be reserved
 ○ any forest land/portion thereof may be used for any non-forest purpose.
● Explanation: non-forest purpose means breaking up/clearing of any forest land/portion
thereof for purpose other than reafforestation

Section 2A: Appeal to National Green Tribunal

● Any person aggrieved, y order or decision of SG/other authority made under s.2, on or after
commencement of NGT Act, 2010, may file an appeal to NGT

Section 3: Constitution of Advisory Committee

● CG may constitute a Committee consisting of such number of persons as it may deem fit
to advise that Govt. with regard to—
○ (i) the grant of approval under section 2;
○ (ii) any other matter connected with the conservation of forests which may be
referred to it by the CG

Section 3A: Constitution of Advisory Committee

● Whoever contravenes/abets contravention of section 2- punishable with simple
imprisonment of 15 days.

Section 3B Offences by Authorities and Government Departments

● Any offence under this act has been committed by
○ Any department of govt., head of the department or
○ Any authority, every person directly incharge of and responsible to the authority at
the time of offence as well as it conduct of business
deemed to be guilty of offence and shall be liable to be proceeded against and punished
● HOD or other person referred will not be liable if they prove
○ The offence was committed without their knowledge
○ They exercised all dillgence to prevent commission of such offence
● Where offence committed under the act has been committed by govt.department/above
mentioned authority and its proved that it was committed without consent/connivance/is
attributable to neglect on part of any officer other than HOD/person in charge, such
officer/person nonetheless shall be deemed to be guilty of that offence and liable to be
proceeded against and punished

Section 4: Power to make rules

● CG may, by Official Gazette notification, make rules for carrying out this act’s provisions
 ● Every rule made under this act shall be laid, as soon as may be after it’s made, before each
house of Parliament, while it is in session, for period of 30 days which may be comprised in
1 session or 2/more successive session.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006

Introduction
● Section 4 has recognized the failure of earlier forest policies in acknowledging the rights of
forest dwellers, due to which discrimination has been meted out against them
● first time the rights of the forest dwelling people, recognized
● Traditionally the forest dwellers held only the right to collect and use the forest produce.
However, the Act of 2006 now recognizes the rights of Scheduled Tribes and Forest
Dwellers including right to forest land in terms of living, holding, occupying the forest land
under Section 3
● Section 6 of the Act empowers the Gram Sabha for deciding upon the community rights
and that of the individuals in the areas that has been marked as forest areas

Definition (Section 2)
● (c) “forest dwelling Scheduled Tribes” means the members or community of the Scheduled
Tribes who primarily reside in and who depend on the forests or forest lands for bona fide
livelihood needs and includes the Scheduled Tribe pastoralist communities;
● “forest land” means land of any description falling within any forest area and includes
unclassified forests, undemarcated forests, existing or deemed forests, protected forests,
reserved forests, Sanctuaries and National Parks;

Section 3: Forest rights of Forest dwelling Scheduled Tribes and other tradional forest dwellers.
● Gives ST and other traditional forest dwellers these rights
○ (a) Right to Occupy and Live: Right to occupy and live on forest land for
habitation or self-cultivation for livelihood.
○ (b) Community Rights (Nistar): Traditional rights such as nistar (use of forest
resources) in former princely states, zamindari, or intermediary regimes.
○ (c) Minor Forest Produce: Right of ownership, access, and disposal of minor forest
produce traditionally collected.
○ (d) Other Community Rights: Rights such as fishing in water bodies, grazing, and
traditional resource access of nomadic or pastoralist communities.
○ (e) Community Tenures for Tribal Groups: Rights of habitat and habitation for
primitive tribal and pre-agricultural groups.
 ○ (f) Disputed Lands: Rights over disputed lands under any nomenclature in any
state where claims are disputed.
○ (g) Conversion of Pattas or Leases: Rights to convert pattas, leases, or grants on
forest lands into titles.
○ (h) Settlement and Conversion of Forest Villages: Rights of settlement and
conversion of forest villages into revenue villages.
○ (i) Protection of Community Forest Resource: Right to protect, regenerate,
conserve, or manage community forest resources.
○ (j) Rights Under State or Customary Laws: Rights recognized under state laws,
autonomous councils, or traditional tribal laws.
○ (k) Biodiversity and Intellectual Property: Right of access to biodiversity and
community right to intellectual property and traditional knowledge.
○ (l) Other Traditional Rights: Any other traditional right customarily enjoyed by
forest dwellers not mentioned in clauses (a) to (k), excluding traditional hunting
and trapping.
○ (m) In Situ Rehabilitation: Right to in situ rehabilitation, including alternative
land, for those who were illegally evicted or displaced before December 13, 2005.
● CG shall provide for diversion of forrest lands for the following facilities managed by Govt.
involving tree feeling not exceeding 75 trees/hectare, notwithstanding Forest Conservation
Act, 1980 (all not included)
○ (a) schools; (b) dispensary or hospital; (c) anganwadis; (k) skill upgradation or
vocational training centres; (l) roads; and (m) community centres:

Section 4: Recognition of, and vesting of, forest rights in forest dwelling Scheduled Tribes and
other traditional forest dwellers.
● Nothwisthanding anything contained in any other law and subject to provisions of this act,
CG recognizes and vest foresight rights in
○ Forest-dwelling Scheduled Tribes in areas where they are recognized as such,
regarding all forest rights in Section 3.
○ Other traditional forest dwellers concerning all forest rights in Section 3.
● Forest rights in critical wildlife habitats of National Parks and Sanctuaries can be modified
or resettled only if certain conditions are met:
○ Recognition and vesting of rights as per Section 6 is complete in the considered
areas.
○ The impact of rights holders on wildlife is proven to cause irreversible damage.
○ The State Government concludes co-existence is not an option.
○ A resettlement package that provides secure livelihoods is prepared and
communicated.
 ○ Informed consent from local Gram Sabhas is obtained.
○ Resettlement cannot occur until promised facilities and land are provided.
Provided that critical wildlife habitats from which right holders are relocated for
wildlife conservation shall be diverted by SG/CG/Other entity for other uses
● Recognition and vesting of forest rights for forest-dwelling Scheduled Tribes and other
traditional forest dwellers in any State or Union territory is conditioned on them having
occupied forest land before December 13, 2005.
● Rights conferred in (1) are heritable but not alienable or transferable, registered jointly in
married couples' names, and pass to the next of kin if there is no direct heir.
● No member of a forest-dwelling Scheduled Tribe or other traditional forest dweller can be
evicted or removed from forest land under occupation until the recognition and
verification process is complete.
● Forest rights in (1) for lands mentioned in (1)(a) of Section 3 must be under individual,
family, or community occupation as of the Act's commencement and cannot exceed four
hectares.
● Forest rights are conferred without encumbrances or procedural requirements such as
paying net present value and compensatory afforestation, except as specified in this Act.
● Forest rights include land rights for forest-dwelling Scheduled Tribes and other traditional
forest dwellers displaced without land compensation due to State development
interventions, where the land hasn't been used for its intended purpose within five years.

Section 5: Duties of holders of forest rights

● Holder of forest right/Gram Sabha/Village Level institutions in area where there are holder
of forest rights are empowered to
○ protect the wild life, forest and biodiversity;
○ ensuring adjoining catchment area/water sources/otther ecological sensitive area are
adequately protected.
○ Ensure that habitat of forest dwelling ST and other traditional forest swellers is
preserved from destructive pratices affecting their cultural/natural heritage
○ Ensure that decisions taken in Gram Sabha to regulate access to community forest
resources + stop any activity adversely affecting wild animal/forest/biodiversity are
complied with

Section 6: Authorities to vest forest rights in forest dwelling Scheduled Tribes and other traditional
forest dwellers and procedure thereof.
● Gram Sabha: Initiates the process for determining the nature and extent of forest rights,
receiving claims, consolidating, and verifying them. A resolution is then passed and sent to
the Sub-Divisional Level Committee.
 ● Appeal Process: Any person aggrieved by the Gram Sabha's resolution can petition the
Sub-Divisional Level Committee within 60 days. Reasonable opportunity for the aggrieved
person to present their case is required.
● Sub-Divisional Level Committee: Examines the Gram Sabha resolution, prepares records
of forest rights, and forwards them through the Sub-Divisional Officer to the District Level
Committee.
● Further Appeals: If a person is aggrieved by the Sub-Divisional Level Committee's decision,
they can petition the District Level Committee within 60 days. No direct appeals against
the Gram Sabha's resolution are allowed; the Sub-Divisional Level Committee must be
considered first.
● District Level Committee: Considers and approves the record of forest rights prepared by
the Sub-Divisional Level Committee. Its decision is final and binding.
● State Level Monitoring Committee: Monitors the process of recognition and vesting of
forest rights, submitting reports to the nodal agency as required.
● Committee Composition: The Sub-Divisional, District, and State Level Monitoring
Committees include officers from Revenue, Forest, and Tribal Affairs departments, and
three members from Panchayati Raj Institutions, including at least two Scheduled Tribe
members and one woman.
● Committee Functions: The composition, functions, and procedures of the committees will
be prescribed.

Wildlife First and Ors. v. Union of India and Ors

● Wildlife First, a non-governmental organisation (NGO), filed a writ petition in the
Supreme Court of India challenging the constitutional validity of the Scheduled Tribe and
Other Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA).
● They argue that the Act has led to deforestation and encroachment upon forest land. One
of the petitioners’ main prayers was to seek the recovery of forest land encroached upon by
individuals who had their claims to land under the Forest Rights Act rejected.
● The Court upheld the constitutional validity of the FRA, but it also made some important
modifications to the law. The Court held that the FRA does not violate the right to
equality, but it did strike down a provision that gave preferential treatment to tribal forest
dwellers.
● The Court also found that the FRA does not violate the right to life, but it did impose
some restrictions on the rights granted under the FRA. For example, the Court held that
the FRA does not allow forest dwellers to cut down trees without permission from the
authorities.
● On February 13th 2019, the Supreme Court ordered States to evict all individuals who had
their claims rejected under the Act by July 24th 2019. Further, it directed the Forest Survey
 of India to conduct a satellite survey and place on record encroachment positions before
and after evictions.
● On February 28th, the Court placed a stay on its own order, directing States to submit
whether due process had been followed in rejecting claims.

Case Laws
Banwasi Seva Ashram v. State of UP, 1987
● The state of UP had declared the area where these tribals resided as “reserved forest land”
under Section 20 of the Indian Forest Act, 1927.
● The reservation of the land under the reserved forest resulted into the resistance and
interference by the forest officials in the lifestyle of the tribal population.
● The tribe, since a very long time, had been dependent upon the forest for food and fodder.
● The government was in favor of establishing a thermal power plant in the disputed land
and when this matter was still pending in court the government gave orders to establish the
plant.
● The court, amongst other things, ordered that the land declared by the UP Government as
reserved forest is not to form a part of this writ petition. The court also appointed offices of
district judges to work as an appellate authority till the time all the proceedings are
completed.
● The court ordered legal aid for the tribals living in the area so that there is no mishappening
and that each and every person gets his right. If in case there are any claims by the tribal
people, this legal aid help provided by the court will help them in resolving those claims. he
court ordered that the state must implement any claims if they are successful.
● For the Thermal plant the court ordered that the land sought to be acquired by the NTPC
to be free from the ban of dispossession. However, provisions of the Land Acquisition Act
to be complied with.

Tarun Bhagat Sangh v. Union of India,

● Environmental organization Tarun Bharat Sangh filed a writ petition against the Union of
India, alleging that the state government had illegally permitted large-scale mining
operations within the Sariska Tiger National Park. The mining operations resulted in
widespread damage to the environment.
● The petitioner argued that mining leases were granted in areas that had been declared
sanctuaries, national parks, and protected forests, and that the damage to the environment
could become irreversible if immediate steps were not taken.
● The Court appointed a committee to ensure due observance of the various Acts and
Notifications that had been issued in respect of the protected area. The committee stated
 that there were 215 mines completely falling within the areas declared as protected forest
while 47 mines fell partly inside and partly outside the areas declared as protected forest.
● Court held
○ Illegality of Mining Activities: The court found that the mining activities being
conducted in the protected area were illegal as they were carried out without the
necessary clearance from the Central Government in accordance with the Forest
(Conservation) Act, 1980.
○ Immediate Cessation of Mining Activities: The court ordered the immediate
cessation of all mining activities within the protected forest areas due to their
inherent illegality.
○ Conditional Continuation for Mines Outside Protected Areas: The court allowed
mining activities to continue for four months in the mines situated outside the
protected forest areas but within the tiger reserve. However, this continuation was
contingent upon obtaining the necessary permission from the Central Government
within the specified four-month period. If permission was not obtained, mining
activities in the entire area declared as tiger reserve would have to stop.

Orissa Mining Corporation Ltd v. Ministry Of Environment & Forest,

● Sterlite Industrial, a company seeking to construct a bauxite ore mine on forest land in
Niyamgiri Hills, faced opposition due to the presence of the indigenous Dongria Kondh
tribe, which numbers around 8,000 people.
● The Ministry of Environment and Forests granted provisional environmental clearance but
withdrew it after impact studies revealed the project's detrimental effects on the Dongria
Kondh community.
● The company built a refinery at the bottom of the Niyamgiri Hills and requested the Court
to overturn the Ministry's rejection, citing alleged benefits of 'development' for the tribe.
● The Court upheld the Ministry's rejection of environmental clearance for the mining
project, emphasizing that certain places must be off-limits to mining to protect indigenous
tribes' rights.
● The Court noted the unanimous rejection of the project by the Dongria community, citing
their right to maintain their spiritual relationship with their lands and rejecting Vedanta's
arguments about the project bringing 'development' to the tribe.

T N Godavarman v. Union of India (done previously)

Module 18: The Wild Life (Protection) Act, 1972

Background
 ● Wild Birds Protection Act, 1887: prohibited the possession or sale of certain kind of wild
birds during the breeding season, killing not prohibited
● Wild Birds and Animals (Protection) Act, 1912: Killing of wild animals or birds prohibited
during a specified period
● Wild Birds and Animals (Protection) Act, 1935: Introduction of the concept of sanctuary
● Wildlife Protection Act, 1972: Parliament via Article 252, later on wildlife became a subject
matter of concurrent list through 42nd Constitutional Amendment

Authorities under the Act (Mentioned in chapter II of the act)

Section 3: Appointment of Director and other officers
● For purposes of this act, CG may appoint
○ A director of wolfe life preservation and
○ Such other officers and employees as may be necessary
● In performance of his duties/exercise of his power under the act, Director shall be subject
to general/special directions CG may give from time to time
● The officers + other employees appointed under this - required to assist the Director.

Section 4:
● SG may, for purpose of this act, appoint
○ A chief wildlife warden
○ Wildlife wardens
○ Honorary Wildlife Wardens and
○ Such other officers + employees as may be necessary
● In performance of his duties/exercise of his power under the act, Chief Wild Life Warden
shall be subject to general/special directions SG may give from time to time
● The officers + other employees appointed under this - required to assist the Director.

Section 5a: Constitution of National Board for Wildlife

● CG may, within 3 months of commencement of Wild Life Protection Amendment Act,
2002, constitute the national board for wildlife consisting of following members (not all)
○ the Prime Minister as Chairperson;
○ the Minister in-charge of Forests and Wild Life as Vice-Chairperson;
○ 3 MPs of whom 2 shall be from the Lok Sabha and 1 from the Rajya Sabha
○ 3 Member, NITI Aayog in-charge of Environment, Forest and Climate Change;
○ 5 members representing NGOs nominated by CG
○ 10 persons to be nominated by the CG from amongst eminent conservationists,
ecologists and environmentalistss
 ● Term of officers other than those who are ex officio and procedure to be followed in
discharge of their functions- as may be prescribed
● Members, except ex-officio, shall be entitled to receive such allowances in respect to
expenses incurred in performance of their duties may be prescribed
● Nothwithstanding anything contained in any other officer, member of the board- deemed
not be office of profit

5C: Functions of the National Board.—

● Duty of the board to promote conservation _ development of wildlife/ofests by measures it
thinks fit
● Without prejudice to generality of above, measures taken therein may provide
○ Framing policies and advising governments on wildlife conservation, poaching
control, and illegal wildlife trade.
○ Recommending the setup and management of national parks, sanctuaries, and
protected areas.
○ Conducting impact assessments on wildlife and its habitat for various projects and
activities.
○ Reviewing progress in wildlife conservation in the country and suggesting
improvements.
○ Preparing and publishing a status report on wildlife in the country every two years.

Section 6: Constitution of State Board for Wild Life

● SG shall, within 6 months of commencement of 2002 amendment, constitute a State
Board for Wild Life consisting of following members (not all)
○ CM for state/CM or Admistrator for UT- Chairperson
○ the Minister in-charge of Forests and Wild Life - Vice-Chairperson
○ 3 MLAs for State/ 2 MLA for UT with legislature
○ 3 members from NGO dealing with wildlife nominated by SG
○ 10 members nominated by SG from eminent conservationists, ecologists and
environmentalists including at least 2 representatives of the Scheduled Tribes;
○ Secretary to the State Government or the Government of the Union territory, as
the case may be, in-charge of Forests and Wild Life;
○ the Officer in-charge of the State Forest Department;
● Term of officers other than those who are ex officio and procedure to be followed in
discharge of their functions- as may be prescribed
● Members, except ex-officio, shall be entitled to receive such allowances in respect to
expenses incurred in performance of their duties may be prescribed
Section 8: Duties of State Board
● Duty to advise SG with
○ In the selection and management of areas to be declared as protected areas;
○ in formulation of the policy for protection and conservation of the wild life and
specified plants;
○ Matter relating to amendment of schedules in relation to measures for harmonising
needs of triabls and other forest dwellers with protection + conservation of wildlife
○ other matter connected with the protection of wild life- referred to it by sg

Hunting of Wild Animals (Chapter III of Act)

Section 9:
● No person shall hunt any wild animal specified in Schedule I and II except as provided
under S. 11 and 12

Section 11: Hunting of wild animals to be permitted in certain cases.

● Notwithstanding anything contained in any other law and subject to provisions of Ch. IV
○ Chief Wild Life Warden may, by order in writing stating the reasons, permit a
person to hunt animal/cause it to be hunted if wild animal specified in Sch. 1
■ Has become dangerous to human llife
■ disabled/diseased as to be beyond recovery
Provided that
■ Wild animal shall not killed unless Chielf Life Warden is satisifed that the
animal cannot be captured/tranquilised/translocated
■ No such captured animal shall be kept in captivity unless Warden is
satisfied that it can’t be rehabilitated in wild and reasons for same to be
recorded in writing
Explanation: process of capture/translocation shall be made in such manner as to
cause it min. Trauma
○ Chief Wild Life Warden may, by order in writing stating the reasons, permit a
person to hunt animal/cause such animal/group of it in specified area to be hunted
if wild animal specified in Sch. 2
■ Has become dangerous to human llife
■ disabled/diseased as to be beyond recovery
● Killing/wonduing in good faith of wild animal in defence of oneself/any other person- not
an offence provided that such person will not be exonerated if he was committing any act in
contravention of provisions of this act/rules made thereunder when defending himself
● Any wild animal killed or wounded in defence of any person shall be Govt.property
Section 12; Grant of permit for special purposes
● Nothwithsatnding anything contain elsewhere in this act- lawful for Chief Wild Life
Warden to grant permit, by ordern in writing stating reasons, to peron, on payment of
prescribed fee, entiling holder of permit to hunt subject subject to conditions prescribed
for purpose of
○ Education
○ Scientific research
○ Scientific management
○ derivation, collection or preparation of snake-venom for the manufacture of
life-saving drugs:

Protect Areas( Chapter IV of Act)

Section 18: Declaration of sanctuary
● SG, by notification declare its intention to constitute any area other than one comprised
within any reserve forrest or territorial waters as sanctuary if it considers that area is of
adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for
the purpose of protecting, propagating or developing wild life or its environment.
● Notification shall specify the situation and limits of such area.
● For purpose of this section- sufficient to describe the area by road/river/ridges/other
wllknown/readily intelligible boundaries

Section 18A: Protection to sanctuaries

● SG declares its intuition under S.18(1) to create a sanctuary, provisions of Section 27-33A
shall come into effect
● Till such time as rights of affected persons are finally settled under S.19-24, SG shall make
alternative arrangement required for making available fuel, fodder, other forest produce to
person affected in terms of their rights per govt. Records.

Section 19: Collector to determine rights

● When notification has been issued under S.18, collector shall inquire into _ determine the
existance/nature/extent of rights of any person in/over land within limits of sanctuary

Section 20: Bar of accrual of rights

● After issuance of notification under S.18- no right shall be acquired in/on/over land within
area specified in notification except by succession, testamentary or intestate.

Section 21: Proclamation by Collector

 ● When notification has been issued under S. 18, collector shall, within 60 days, publish in
regional language in every town/villange/neighbourhood of area comprised, proclamation
○ specifying, as nearly as possible, the situation and the limits of the sanctuary; and
○ Requiring any person claiming flights mention in s.19, to prefer before collection
within 2 months of proclamation, a writing claim in prescribed form specifying
nature and extent of rights and amounts/particulars of compensation if claimed.

Section 22: Inquiry by Collector

● Collector shall, after service of prescribed notice upon claimant, expeditiously inquire into
○ the claim preferred before him under section 21, and
○ (b) existence of any right mentioned in s.19 not claimed under s. 21,
● As far as possible from records of SG and evidence of person acquainted with same

Section 23: Powers of Collector

● Collector may exercise following poers for purpose of such inquiry
○ Power to enter in/upon any land and to survey, demarcate + make a map of it or
authorise any other officer
○ Powers vested in civil court for trial of suits

Section 24: Acquisition of right

● For claim to rights over land under S. 19, Collector shall pass order admitting/rejecting
them in whole or in part
● If such claim is admitted in whole or in part, the Collector may either—
○ exclude such land from the limits of the proposed sanctuary, or
○ Acquire such land/rights except where an agreement between holder and govt.,
owner has agreed to surrender his rights to govt and payment of such comentation
as provided in right to fair-compensation act, 2013
● Allow continuation of right of person over/in land after consulting chief wild life warden

Section 35: . Declaration of National Park

● When it appears to SG that an area (whether within a sanctuary or not) needs to be
considered as a National park to protect/propagate/develop wildlife within or its
environment by reasons of it faunal/floral/geomorphological/zoological association it may
declare its intention to constitute it as a national park through notification
● The above notification shall define the limits of the area of intended national park
● Provisions of S.19-26A shall apply, if area is intended to be declared as national part, for
investigation/determination/extinguishment of rights to any land within the area
 ● Till the rights of affected person are finally settled under s.19-26A, SG shall make
alternative arrangements for making available fuel/fooder/other forrest produce to person
affected in terms of their right per govt. Record.
● When the following occur, SG shall publish a notification specifying limits of area
comprising the national park and declare it to be such on and from date mentioned in it.
○ Period for preferring claims has elapsed and all claims made have been disposed by
by the SG
○ All rights with respect to land in proposed national park become vested in SG
● SG shall not alter national park’s boundaries except on recommendation of National Board
● No one is allowed to destroy, exploit, or remove any wildlife, including forest produce, or
damage the habitat in a National Park without a permit from the Chief Wildlife Warden.
Such permits can only be granted if the SG, in consultation with the National Board,
deems it necessary for the improvement and management of wildlife.
○ Proviso: Forest produce removed from the National Park may be used for the
personal needs of people living nearby but not for commercial purposes.
● No live-stock grazing is permitted within national park and live-stock are prohibited to
enter except when its used as vehicle for person authorised to enter park

Section 36A: Declaration and management of a conservation reserve

● SG, after consulting local communities, declare any area owned by it, particular ones
adjacent to National parks + sanctuaries and areas linking one protected area from other as
conservation reverse to protect landscape/seascape/flora/fauna/habitat
○ Proviso: where conservation reserve includes area owned by CG, its prior
concurrence must be obtained before declaration

Section 36C: Declaration and management of community reserve

● SG may declare any private/community land not within national
park/sanctuary/conservation reserve as community reserve for protecting
fauna/flora/traditional or cultural consveration values + pratice where
community/individual volunteer to conserve wild life and its habitat
● After issuance of above notification, no change in land use pattern shall be made within
reserve except by a resolution passed my management committee with approval of SG

Module 19: Other Legislations

National Green Tribunal Act, 2010
Section 3: Establishment of Tribunal
 ● CG shall, by notification, a Tribunal known as National Green Tribunal to exercise the
jurisdiction, power and authority conferred on it by the Act

Section 4: Composition of the Tribunal

● Tribunal shall consist of
○ (a) a full time Chairperson;
○ (b) 10 ≤ 20 full time Judicial members as CG notifies
○ (c) 10 ≤ 20 full time Expert members as CG notifies
● Chairperson, if considered necessary, invite one/more person having specialised
knowledge/experience in particular case to before it to assist the tribunal
● CG may, by notify specify (1) ordinary place/s of setting of tribunal and (2) territorial
jurisdiction falling in each such place or sitting
● CG may, after consulting chairperson, make rules regulating tribunal’s geneneral Pratices
and procedure including
● The Central Government may, in consultation with the Chairperson of the Tribunal, make
rules regulating generally the practices and procedure of the Tribunal including
○ (a) Rules on who can appear before the Tribunal.
○ (b) Rules on procedures for hearing applications, appeals, and other matters,
including the process for holding hearings in different locations.
○ (c) Rules on the minimum number of Members required to hear applications and
appeals, providing that an equal number of Expert and Judicial Member hear it
○ (d) Rules on transferring cases from one location to another as decided by the
Chairperson.

Section 14: Tribunal to settle disputes

● The Tribunal have jurisdiction over civil cases involving significant environmental
questions and legal rights arising from laws in Schedule I.
● shall hear the disputes arising from the questions referred to 14 (1) and settle such disputes
and pass order thereon.
● Shall not entertain application for adjudication of disputes unless its made within 6
months from date on which action of dispute first arose.
○ If applicant was prevent by sufficient cause, allow it to be filed by a further period
of not more than 60 days.

Section 15: Relief, compensation and restitution

● The Tribunal may, by an order, provide following as it sees it ,—
○ Relief and compensation to victims of pollution/other environ. Damge arrising
under enactment specified in Sch. 1.
 ○ for restitution of property damaged;
○ for restitution of the environment for such area or areas,
● Above Relief, compensation, and restitution of property and environment are additional
to what is paid under the Public Liability Insurance Act, 1991.
● Applications for compensation or relief must be made within five years of the cause.
○ Proviso: The Tribunal may extend the filing period by up to 60 days if there is a
valid reason for the delay.
● The Tribunal can divide compensation or relief according to the damage to public health,
property, and environment, as per Schedule II.
● Claimants must inform the Tribunal about any applications filed to or compensation/relief
received from other courts or authorities.

Section 16: Tribunal to have appellate jurisdiction

● Any person aggrieved by an order or decision made under various environmental and
pollution control acts after the commencement of the National Green Tribunal Act, 2010,
may appeal to the Tribunal within thirty days from (not all mentioned)
○ The appellate authority under the Water Pollution Act
○ The SG under the Water pollution act
○ A Board under the Water pollution act
○ The SG or other authority under the Forest (Conservation) Act, 1980.
○ The appellate authority under the Air Pillution Act, 1981.
○ Directions under the Environment (Protection) Act, 1986.
○ Orders granting or refusing environmental clearance under the EPA
● Proviso: The Tribunal may extend the filing period up to 60 days if there is a valid reason
for the delay.

Section 19: Procedure and powers of Tribunal

● NGT not bound by CPC procedure but shall be guided by principles of natural justice
● Subject to Act’s provisions, the Tribunal shall have power to regulate its own procedure
● Also not bound by rule of evidence included in Evidence Act
● NGT shall have same powers as vested in civil courts under CPC including
○ (a) summoning + enforcing attendance of any person and examining him on oath;
○ (b) requiring the discovery and production of documents;
○ (c) receiving evidence on affidavits; etc
○ (k) any other matter which may be prescribed.
● All proceedings before NGT- deemed to be judicial proceedings within meaning of s.193,
219 & 228 for purpose of S.196 of IPC and NGT deemed to be a civil court for purpose of
Section 195 + Ch.XXVI of CRPC
Section 20: Tribunal to apply certain principles.
● The Tribunal shall, while passing any order or decision or award, apply the principles of
sustainable development, the precautionary principle and the polluter pays principle.

Section 26: Penalty for failure to comply with orders of Tribunal.

● Anyone who fails to comply with an order, award, or decision of NGT may face
imprisonment for up to 3 years, a fine of up to 10 crore rupees, or both. If the failure or
contravention continues, there may be an additional fine of up to 25000 rupees per day
after the initial conviction.
○ Proviso: If a company fails to comply, the company may face a fine of up to
twenty-five crore rupees, and if the failure or contravention continues, an
additional fine of up to one lakh rupees per day after the initial conviction.
● Every offence under this Act is considered non-cognizable, as defined in the CRPC

Section 27: Offences by companies.

● When an offence under this Act is committed by a company, every person directly in charge
of and responsible for the company's business at the time of the offence, as well as the
company itself, will be considered guilty and subject to punishment.
○ Proviso: A person will not be held liable if they prove the offence occurred without
their knowledge or they exercised due diligence to prevent it.
● Regardless of subsection (1), if a company commits an offence under this Act and it is
proven that the offence occurred with the consent, connivance, or neglect of a director,
manager, secretary, or other officer, such individual will also be deemed guilty and subject
to punishment.

Section 28: Offences by Government Department

● If any government department fails to comply with an order, award, or decision of the
NGT under this Act, the department's head is considered guilty and may face punishment.
○ Proviso: The department head won't be punished if they prove the offence
occurred without their knowledge or they took due diligence to prevent it.
● Notwithstanding subsection (1), if a government department commits an offence under
this Act with the consent, connivance, or neglect of an officer other than the department
head, that officer is considered guilty and may face punishment.

Section 30: Cognizance of offences.

● No court - take cognizance of any offence under this Act except on a complaint made by—
○ CG/any authority or officer authorised on this behalf by CG
 ○ Any person who have given prior notice of not less than 60 days in manner
prescribed of alleged offence and his intention to make complaint to CG/etc
● (2) No court inferior to that of a Metropolitan Magistrate or, a Judicial Magistrate of the
first class shall try any offence punishable under this Act.

Public Liability and Insurance Act, 1991

Section 3: Liability to give relief in certain cases on principle of no fault
● Where death/injury to any person (other than workman)/damage to any property has
resulted from an accident, owner shall be liable to give relief specified in schedule for such
death/injury/damage
● In any claim for above relief, claimant shall not be required to plead + establish that
death/injury/damahge in respect to which claime was made was due to wrongful
act/neglect/degault of any person

Section 4: Duty of owner to take out insurance policies

● (1) Every owner handling hazardous substances must obtain insurance policies to cover
liability for relief under section 3(1).
○ Proviso: Owners already handling hazardous substances before the Act's
commencement must obtain insurance policies within one year.
● (2) Owners must renew insurance policies before their expiration to maintain continuous
coverage during the handling of hazardous substances.
● (2A) Insurance policies must not be less than the paid-up capital of the undertaking
handling hazardous substances and must not exceed ₹50 crore.
● (2B) The insurer's liability under one insurance policy is limited to the amount specified in
the insurance contract.
● (2C) Owners must pay an additional amount equal to the premium for the Relief Fund
under section 7A.
● (2D) The insurer must remit the additional amount to the authority under section 7A(3)
for the Relief Fund. Failure to remit the amount is recoverable as arrears of land revenue or
public demand.
● (3) CG may exempt owners, such as CG or SG, government-controlled corporations, or
local authorities, from subsection (1) if they establish and maintain a fund for liabilities
under section 3(1).
○ Proviso: No exemption order shall be made unless the owner maintains a fund
according to the rules for meeting any liability under section 3(1).

Section 5: . Verification and publication of accident by Collector

 ● When occurance of accidence within his jurisdcition comes to the notice of Collector, he
shall verify its occurrences and cause publicity to be given in manner he deems fit to bring
application under s.6(1)

Section 6: Application for claim for relief

● Applications for claims for relief can be made by
○ the person injured
○ the property owner who suffered damage
○ the legal representatives of a deceased victim, or
○ an authorized agent on their behalf.
Proviso: If not all legal representatives join an application for relief, it must still be made for
the benefit of all legal representatives, and those not joining must be included as
respondents.
● (2) Applications must be submitted to the Collector in the prescribed form, containing
required details and accompanied by necessary documents.
● (3) Applications for relief must be made within five years of the accident.

Section 7A: Establishment of Environmental Relief Fund.—

● (1) CG can establish an Environmental Relief Fund through a notification.
● (2) The Relief Fund will be used to provide relief payments in accordance with the Act and
the scheme made under sub-section (3), based on awards given by the Collector under s.7.
● (3) The CG may create a scheme through a notification to specify the authority responsible
for the Relief Fund, how the fund will be managed, how funds will be drawn, and other
related matters concerning fund administration and relief payments.

Section 8: Provisions as to other right to claim compensation for death, etc.

● (1) The right to claim relief under section 3(1) for death, injury, or property damage is in
addition to any other right to claim compensation under existing laws.
● (2) Notwithstanding the provision 8(1), if an owner liable for relief under this Act must
also pay compensation under another law for the same incident, the compensation amount
will be reduced by the amount of relief paid under this Act.

Section 16: Offences by companies

● (1) When a company commits an offense under this Act, every person who was directly in
charge of and responsible for the its business operations at the time of the offense, along
with the company itself, will be deemed guilty of the offense and subject to punishment.
○ Proviso: Such a person will not be held liable if they can prove they had no
knowledge of the offense or took all due diligence to prevent it.
 ● (2) Notwithstanding sub-section (1), if the offense by a company is proven to have been
committed with the consent, connivance, or neglect of a director, manager, secretary, or
other officer, that individual will also be deemed guilty and subject to punishment.

Section 17: Offences by Government Departments

● When a Department of Government commits an offense under this Act, the Head of the
Department is considered guilty and will be subject to punishment.
○ Proviso: The Head of the Department will not be held liable if they can prove the
offense was committed without their knowledge or that they took all due diligence
to prevent it.

Section 21: Advisory Committee

● CG may, time to time, constitute an advisory committee for insurance policy under this act
● Advisory Committee shall consist of following appointed by CG
○ (a) three officers representing the Central Government;
○ (b) two persons representing the insurers;
○ (c) two persons representing the owners; and
○ (d) two persons from amongst the experts of insurance or hazardous substances.
● Chairman shall be one of the members representing CG, nominated on this behalf by CG