ENVIRONMENT PROTECTION

•ENVIRONMENT: ATMOSPHERE: The layer of the air present

around the earth. It maintains the heat balance on the earth.
•HYDROSPHERE: Water, which occupies 4/5th of earth,
97% is sea water and only 3% of water is available for
drinking and for agricultural purposes.
•LITHOSPHERE: Balance earth space, 1/5th is in the form of
land. The inner surface contains minerals, and the deeper
layer contains natural gas and oil.
•BIOSPHERE: All living organisms like plants, animals and
human beings constitute biosphere.
•CAUSES FOR POLLUTION : Natural: Floods, cyclones,
earthquakes, fire etc. on which man has no control.
•Man made: Population growth, urbanization, industrialization.
•KINDS OF POLLUTION: Air: Acid rains, depletion of ozone
layer, global warming, Water & Sound Pollution natural and
man made, Land Pollution: deforestation, Solid waste -
glass bottles, e-waste, Oil, nuclear and thermal
pollutions: emission of smoke from thermal power stations…
 ENVIRONMENT LAW
• RULE OF STRICT LIABILITY: Case Law: RYLANDS Vs.
FLETCHER: HELD: If a person brings on his land anything which
is likely to do mischief and if it damages, he will be liable to pay
compensation. To apply this rule: it must be dangerous thing,
it escapes and it must be for non-natural use of land.
• EXCEPTIONS TO THIS RULE: Plaintiffs own default, act of God,
consent of plaintiff, act of third party, under statutory authority.
• RULES OF ABSOLUTE LIABILITY: Case law: M.C. Mehta Vs.
Union of India: There was leakage of oleum gas from a factory of
Shriram Food Fertilizer Industries, Delhi in 1985 resulting in the
death of a person and ill effects on others. Court held them liable
under Absolute liability and were ORDERED to pay damages.
The principle of ABSOLUTE LIABILITY has NO EXCEPTIONS.
• LEGAL REMEDIES: Damages, Injection.. Criminal laws are also
applicable.
 ENVIRONMENTAL AUDIT

• Environmental Protection Rules provides for the

submission of environmental audit report with effect
from 13.03.1992.
• Accordingly every person carrying on an industry,
operation or process, requiring consent under:
Water (Prevention and Control of Pollution) Act, or
Air (Prevention and Control of Pollution) Act or under
Hazardous Waste (Management and Handling) Rules,
are required to submit an environmental audit report
for the financial year ending 31st March every year on or
before 15th May beginning 1993 to the concerned
State Pollution Board.