JGU Id. No.

_____________

O.P. Jindal Global University

Jindal Global Law School
Re-sit Examination

Course Name : Environmental Law

Course Code : L-CT-0020
Programme : B.A., LL.B. & B.B.A., LL.B.
Time Allowed : 3 Hours
Maximum Marks : 50

This question paper has three (3) printed pages (including this page).

Instructions to students:

1. All questions in Section A are mandatory.

2. Attempt any four questions from Section B.
3. DO NOT write your Name and Student Id. No. anywhere on the answer book except on the space
provided.
4. DO NOT write anything on the question paper except Student Id. No. on the space provided.
5. Start each question on a new page.
6. Use of mobile phone or any electronic storage and access system is prohibited.
7. Students undertaking the examination are requested to adhere to the University norms related to
examinations.

__________________________________________________________________________________________
This is a Closed Book examination. However, students can only carry Environmental Law statutes to the
Examination Hall.
Warning: Plagiarism in any form is prohibited. Anyone found using unfair means will be penalized
severely.
JGLS [Re-sit Examination – November-December’2018] Page 1
 SECTION A

Question 1.
a) A notice is given to about 1000 factories to close down the business as they are polluting water and
discharging dirty water on public roads, thereby causing damage to public health. The petitioners claimed
that they have been doing business for the last 50 years and providing employment to 75,000 families and
that the order is against Article 19(1)(g) also. Are these arguments tenable? Why or why not?

b) Kamal Khan goes for hunting in the jungles of Chattisgharh with his friends. However, they are attacked
by a scheduled wild animal. In trying to protect himself and his friends, Kamal Khan shoots the animal.
Under the Wildlife (Protection) Act, 1972, is it permitted? Explain.
(5 + 5 = 10 Marks)

Question 2.
Dattu has applied to State Pollution Control Board (SPCB) for license for his leather manufacturing industry.
According the prescribed procedure, he has submitted all the required documents but it has been six months and
he has not heard anything from the SPCB. As he took loan to start the industry, each day was crucial to his
business. In order to repay his loan he had to start manufacturing process at his industry. He finally decided to go
ahead with the proposed activity without adequate license from SPCB.

Dattu’s industrial unit discharged certain chemicals which could possibly pollute the ground water. Residents of
the vicinity raised objections to Dattu and asked him to shut down his industry. But Dattu refused.

a) In the light of above facts is the proposed activity of Dattu illegal? Can he proceed without obtaining
permission from the State Pollution Control Board?

b) In light of the provisions of Indian Constitution and relevant case laws, discuss if residents can stop the
concerned activity?
(5 + 5 = 10 Marks)

Question 3.
The Zozila Special Economic Zone (ZSEZ), situated in Varanasi, includes 11 pharmaceutical industries. The
industrial units in ZSEZ have been discharging untreated effluents into the holy river Ganga resulting in water
pollution. This has direct consequences on the health of the people in Varanasi who reside next to ZSEZ. The
residents have made a representation to the District Magistrate (DM) requesting his intervention in addressing the
pollution. Replying on S. 133 CrPC, the DM of Varanasi issued an interim injunction restraining any industrial
activity in ZSEZ. However, the 11 pharmaceutical companies challenged this order stating that with the coming
into force of the Water (Prevention and Control of Pollution) Act, 1973, DM had no power under S. 133 CrPC.

a) Advise the pharmaceutical industries as to the merits of their arguments with the help of case law.

b) Advise what action(s) can the Uttar Pradesh Pollution Control Board take against the polluting industries.
(5 + 5 = 10 Marks)

JGLS [Re-sit Examination – November-December’2018] Page 2

 SECTION B

Write short notes on any 4 of the following: (4 x 5 = 20 Marks)

1. Environment Impact Assessment

2. Public Trust Doctrine
3. Jallikattu & animal cruelty
4. International legal regime on climate change
5. Role of NGT

JGLS [Re-sit Examination – November-December’2018] Page 3