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1. Discuss the powers conferred to central government in the matters of

ENVIRONMENTAL LAW environment under the environment protection act, 1986

1. Discuss the powers conferred to central government in the matters of Ans:

environment under the environment protection act, 1986
2. State the laws relating to the control of various forms of environmental SYNOPSIS
Introduction
pollution in Indian?
General powers of central government
2.1 Explain the constitution provisions which protect environment?
Appointment of officers
with decided cases Power to give directions
3. Define water pollution state the powers and function of state and central Rules to regulate environment pollution
water pollution control board under the water act, 1974 Conclusion
4. Explain the common law remedies available under (Under tort law)
(under criminal law) the in cases relating to environmental pollution?
5. Explain with decided cases the concept of sustainable development and Introduction
state their salient features.
6. Discuss the rule of absolute liability with the help of decided cases. A brief note on the Environment (Protection) Act,(EPA) 1986

7. What are the measures that have been taken to protect our wildlife under  The Environment (Protection) Act, 1986 authorizes the central
the wildlife protection act.1972? and how far are this effective? government to protect and improve environmental quality, control and
8. Discuss the environment protection during post – independence era reduce pollution from all sources, and prohibit or restrict the setting and
/or operation of any industrial facility on environmental grounds.
9. Define term pollution and explain the different kinds of environment?
 The Environment (Protection) Act was enacted in 1986 with the objective
State the salient features of environment protection act,1986?
of providing for the protection and improvement of the environment.
10. What is meant by global warming/ greenhouse effect? How does it affect  It empowers the Central Government to establish authorities charged with
environment? the mandate of preventing environmental pollution in all its forms and to
11. Discuss the polluter pays principle with the help of decided case laws tackle specific environmental problems that are peculiar to different parts
12. State the laws relating to noise pollution control in India and how Indian
of the country
judiciary dealt with sound pollution problem.
General Powers of the Central Government under EPA 1986
13. Discuss the environmental dimension of article 21 of Indian constitution
Power of Central Government to take measures to protect and improve
with the help of decided cases (right to – wholesome environment is environment- SECTION 3 OF EPA ACT, 1986
integral part of article 21) describe
14. Significance of Rio summit and its principle As per the act, the Central Government shall have the power to take all such
15. write a note on Earth summit measures as it deems necessary or expedient for the purpose of protecting and
improving the quality of the environment and preventing, controlling and
abating environmental pollution. It includes:

 Coordination of actions by the State Governments, officers and other

authorities
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 Planning and execution of a nation-wide programme for the prevention, Power to give directions- SECTION 5 OF EPA ACT. 1986
control and abatement of environmental pollution
 Laying down standards for the quality of environment in its various The Central Government may, in the exercise of its powers and performance of
aspects its functions under this Act, issue directions in writing to any authority , officer
 Laying down standards for emission or discharge of environmental or any person and such authority, officer or person shall be bound to comply
pollutants from various sources whatsoever with such directions.
 Laying down procedures and safeguards for the prevention of accidents
which may cause environmental pollution and remedial measures for such Rules to regulate environmental pollution- SECTION 6 OF EPA ACT, 1986
accidents
 Laying down procedures and safeguards for the handling of hazardous The Central Government may, by notification in the Official Gazette, make
substances rules in respect of all or any of the matters referred to in section 3.
 Restriction of areas in which any industries, operations or processes or In particular, and without prejudice to the generality of the foregoing power,
class of industries, operations or processes shall not be carried out or shall such rules may provide for all or any of the following matters, namely:
be carried out subject to certain safeguards  The standards of quality of air, water or soil for various areas and
 Carrying out investigations and sponsoring research relating to problems purposes
of environmental pollution  The maximum allowable limits of concentration of various environmental
 Examination of such manufacturing processes, materials and substances pollutants (including noise) for different areas
as are likely to cause environmental pollution  The procedures and safeguards for the handling of hazardous substances
 Inspection of any premises, plant, equipment, machinery, manufacturing  The prohibition and restrictions on the handling of hazardous substances
or other processes, materials or substances and giving, by order, of such in different areas
directions to such authorities, officers or persons as it may consider  The prohibition and restrictions on the location of industries and the
necessary to take steps for the prevention, control and abatement of carrying on of processes and operations in different areas
environmental pollution  The procedures and safeguards for the prevention of accidents which may
 Establishment or recognition of environmental laboratories and institutes cause environmental pollution and for providing for remedial measures
to carry out the functions entrusted to such environmental laboratories and for such accidents.
institutes under this Act
 Collection and dissemination of information in respect of matters relating
to environmental pollution Conclusion
 Preparation of manuals, codes or guides relating to the prevention, control
and abatement of environmental pollution
Subject to the provisions of this Act, the Central Government shall have the
power to take all such measures as it deems necessary or expedient for the
Appointment of officers – SECTION 4 OF EPA ACT, 1986 purpose of protecting and improving the quality of the environment and
preventing, controlling and abating environmental pollution.
As per section 4 of the act, the Central Government may, if it considers it
necessary or expedient so to do for the purposes of this Act, by order, published
in the Official Gazette, constitute an authority or authorities by such name or
names as may be specified in the order for the purpose of exercising and
performing such of the powers and functions.
The Central Government may appoint officers with such designations as it
thinks fit for the purposes of this Act and may entrust to them such powers and
functions under this Act as it may deem fit.
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2. State the laws relating to the control of various forms of environmental

pollution of Indian? Article :- 49
2.1. Explain the constitution provisions which protect environment? with To protect every monument or place or object or artistic or historic interest
decided cases (declared by or under law made by parliament) to be of national importance
Ans: from spoliation, disfigurement, destruction, removal, disposal or export.

SYNOPSYS Article 51A (g)

Introduction It shall be the fundamental duty of a citizen of India to protect and improve the
Constitutional provisions / laws natural environment including forests, lakes, rivers, and wildlife to have
Case laws compassion for living creatures.
Conclusion
Shri. SACHIDANAND PANDEY VS STATE OF W.B. AIR 1987 SC 1109
Introduction
The supreme court remarked that whenever a problem of ecology was brought
The Indian constitution is amongst the few in the world that contains specific before the court, the court was bound to bear in mind Art 48 A and Art. 51A(g).
provisions on environment protection. The directive principles of state policy
and the fundamental duties chapters explicitly enunciate the national KINKRI DEVI VS STATE OF HIMACHAL PRADESH [AIR 1988 HP 4]
commitment to protect and improve the environment.
The H.P High court laid down the view of Art 48 A and Art. 51A(g) there is
CONSTITUTIONAL PROVISIONS both a constitutional pointer to the state and a constitutional duty to the citizens
not only to protect but also to improve the environment and to preserve and
ARTICLE 47 safeguard the forest, flora and fauna, the river, lakes, and other water resources
It imposes a duty upon the state to raise the level of nutrition and the standard of of the country.
living of its people and improve public health.
Article 21
Article 48 Right to healthy environment, it states that no person shall be deprived of his
It directs the state to organize agriculture and animal husbandry on modern and right to life and personal liberty expect according to procedure established by
scientific line. law. Right to life was never regarded to include right to whole some or pure
In particular it is directed to take steps for preserving and improving the breeds environment
and prohibiting the slaughter of cows, calves and other milch (milk giving) and
draught cattle. The 1st case to indicate Art 21 and environment
RURAL LITIGATION AND ENTITLEMENT KENDRA, DEHRADUM
The 42nd amendment Act 1976 VS. STATE OF UTTAR PRADESH. AIR 1985 S.C 652
A new article was added to the constitution,
Article 48A In this case illegal lime stone mining in Mussorie Dehradum region was
Which directs the state to protect and improve the environment and to safeguard devastating the fragile ecosystem in the area.
forest and wild life The supreme court in an application under Art 32 has ordered the closure of
some of these quarries on the ground that their operations were upsetting
The Madras High court held that the 8phrase 8protect and improve implies ecological balance.
government affirmative governmental action to improve the quality of the
environment and not just to preserve the environment in its degraded form.
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3. Define water pollution? state the powers and function of State / Central
Although Art 21 is not referred to in these judgements of the supreme court, water pollution control board under the water act, 1974 Ans:
those judgements can only be understood on the basis that the supreme court SYNOPSYS
entertained these environmental complaints under Art 32 of the constitution as Introduction and definition
involving of Art 21 i.e. RIGHT TO LIFE Functions of central board
Functions of state board
Subhash Kumar VS. state of Bihar Powers of the state board
Conclusion
In this case the court held that the right to life, Includes the right to enjoy
unpolluted air and water, if anything endanger to impair the quality of life is Introduction
against law. A citizen has right to move to the supreme court under Art 32 of
constitution. The Water (Prevention and Control of Pollution) Act was enacted in 1974 to
provide for the prevention and control of water pollution, and for the
FREEDOM OF TRADE AND ENVIRONMENTAL PROTECTION maintaining or restoring of wholesomeness of water in the country. The Act was
ARTICLE 19(1) (g):- amended in 1988. The Water (Prevention and Control of Pollution) Cess Act
It states all citizen shall have the right to practices any profession or to carry on was enacted in 1977, to provide for the levy and collection of a cess on water
any occupation, trade or business. consumed by persons operating and carrying on certain types of industrial
As environmental regulations grow more stringent and its enforcement becomes activities. This cess is collected with a view to augment the resources of the
more vigorous, industrial challenge is likely to increase. Central Board and the State Boards for the prevention and control of water
In such a situation the court will need to balance environmental interest with pollution constituted under the Water (Prevention and Control of Pollution) Act,
fundamental right to carry on any trade, occupationor business guaranteed in Art 1974. The Act was last amended in 2003.
19(1) (g).
Definition - section 2(E) of water act, 1974
ABHILASH TEXTILE V/S RAJKOT MUNICIPAL
CORPORATION (AIR 1988 GUJ 57) POLLUTION IS DEFINED AS
In this case the petitioner were discharging dirty water from the factory on • Contamination of water;
public road and in public drainage without purifying the same, thereby causing • Alteration of the physical, chemical or biological properties of
damage to the public health. In this case the court held that one cannot carry on water or
the business in the manner by which the business activity becomes a health • Discharge of any sewage or trade effluents or of any other liquid,
hazard to the entire society. gaseous or solid substance into water(whether directlyor
indirectly)as may , or
Conclusion. • is likely to create a nuisance; or
• Render such water harmful to public health to domestic,
The constitution being supreme law of the land shall be binding on commercial, industrial, agricultural or other legitimate uses or to
not only the citizens and non-citizens but also on the state itself. the life and health of animals or plants or of aquatic organism.
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THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 9. Establish or recognize laboratories to enable the CPCB to perform the above
1974 WAS ENACTED WITH THE OBJECTIVES TO, functions and,
10. Perform such other functions as may be prescribed.
1. To prevention and control of water pollution;
2. To maintain or restore wholesomeness of water. Powers of Central Pollution Control Board
3. To establish pollution control boards; and
4. To confer on pollution control boards powers and functions relating to • The Central Pollution Control Board has been empowered by Section 18
prevention and control of water pollution of the Water (Prevention & Control of Pollution) Act to give directions to
the State Pollution Control Boards.
Constitution of central pollution control board • The Central Pollution Control Board has the powers to perform any of the
functions of a State Pollution Control Board in case of a non-compliance
According to Section 3 of Water (Prevention & Control of Pollution) Act, the with the Central Pollution Control Boards directions.
Central Board is constituted by the Central Government is known as the • The Central Pollution Control Board has been empowered to issue
CentralPollution Control Board. directions under section 33A of the Water (Prevention & Control of
Pollution) Act to direct the prohibition, closure, or regulation of any
FUNCTIONS OF THE CENTRAL POLLUTION CONTROL BOARD – operation, industry, or process or regulation of supply electricity, water or
SECTION 16 any other service.
• Section 31A:- Power to give directions.
The main function of the CPCB shall be to promote cleanliness of streams and The central government may issue any directions in writing to any
wells, in different areas of the states. person, officer or authority, and such person, officer or authority shall be
Apart from this certain other functions are also there, bound to Comply with such directions. The power to issue direction
1. advise the central government on matters relating to the prevention and would include the power to direct Closure, prohibition or regulation of
control of water pollution. industry or operation or process to stoppage or regulation of supply of
2. Co-ordinate the activities of the state pollution control boards and resolve electricity, water or any other.
dispute among them.
3. Provide technical assistance and guidance to the SPCBs, carryout FUNCTIONS OF THE STATE POLLUTION CONTROL BOARD –
investigation and sponsor research relating to problems of water pollution SECTION 17
and prevention, control or abatement of water pollution.
4. Plan and organise the training of persons engaged in programs for the 7. Functions of State Board.
prevention, control or abatement of water pollution. (1) Subject to the provisions of this Act, the functions of a State Board shall
5. Organise comprehensive programs regarding prevention and control of water be
pollution through mass media. (a) to plan a comprehensive programme for the prevention, control or
6. collect, compile and publish technical and statistical data relating to water abatement of pollution of streams and wells in the State and to secure the
pollution and measures devised for effective prevention and control of water execution thereof;
pollution and prepare and prepare manuals, codes or guides relating to (b) to advise the State Government on any matter concerning the prevention,
treatment and disposal of sewage and trade effluents and disseminate control or abatement of water pollution;
information connected therewith. (c) to collect and disseminate information relating to water pollution and the
7. Lay down, modify or annul the standards for a stream or well. prevention, control or abatement thereof;
8. Plan and execute a national wide program for prevention, control and
abatement of water pollution.
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(d) to encourage, conduct and participate investigations and research relating (o) to perform such other functions as may be prescribed or as may, from
to problems of water pollution and prevention, control or abatement of water time to time, be entrusted to it by the Central Board or the State Government.
pollution; (2) The Board may establish or recognise a laboratory or laboratories to enable
(e) to collaborate with the Central Board in organizing the training of persons the Board to perform its functions under this section efficiently, including the
engaged or to be engaged in programmes relating to prevention, control or analysis of samples of water from any stream or well or of samples of any
abatement of water pollution and to organise mass education programmes sewage or trade effluents.
relating thereto;
(f) to inspect sewage or trade effluents, works and plants for the treatment of Powers of State Pollution Control Board
sewage and trade effluents and to review plans, specifications or other data
relating to plants set up for the treatment of water, works for the purification
thereof and the system for the disposal of sewage or trade effluents or in
connection with the grant of any consent as required by this Act;
(g) to lay down, modify or annul effluent standards for the sewage and trade
effluents and for the quality of receiving waters (not being water in an inter-
State stream) resulting from the discharge of effluents and to classify waters of
the State;
(h) to evolve economical and reliable methods of treatment of sewage and
trade effluents, having regard to the peculiar conditions of soils, climate and
water resources of different regions and more especially the prevailing flow
characteristics of water in streams and wells which render it impossible to attain
even the minimum degree of dilution;
(i) to evolve methods of utilisation of sewage and suitable trade effluents in
agriculture;
(j) to evolve efficient methods of disposal of sewage and trade effluents on
land, as are necessary on account of the predominant conditions of scant
stream flows that do not provide for major part of the year the minimum
degree of dilution;
(k) to lay down standards of treatment of sewage and trade effluents to be
discharged into any particular stream taking into account the minimum fair
weather dilution available in that stream and the tolerance limits of pollution
permissible in the water of the stream, after the discharge of such effluents;
(l) to make, vary or revoke any order
(i) for the prevention, control or abatement of discharges of waste into
streamsor wells;
(ii) requiring any person concerned to construct new systems for the
disposal of sewage and trade effluents or to modify, alter or extend any such
existing system or to adopt such remedial measures as are necessary to
prevent, control or abate water pollution;
(m) to lay down effluent standards to be complied with by persons while
causing discharge of sewage or sullage or both and to lay down, modify or
annul effluent standards for the sewage and trade effluents;
(n) to advise the State Government with respect to the location of any
industry the carrying on of which is likely to pollute a stream or well;
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Section 25:- Restrictions on new outlets and new discharges.

POWER TO OBTAIN INFORMATION SECTION 20 No person shall without the permission of the state Board.
A. establish or take any steps to establish any industry, operation, or process, or
The state board or any officer may make a survey take measurement and obtain any treatment and disposal system which is likely to discharge sewage or trade
information for the purpose specified in section 20 . effluent into a stream or well.
Any person failing to comply to this directions shall be punishable according to Bring into use any new or altered outlet to discharge of sewage,
section 41(1) of the Act. 2. an application for consent shall be made to the board.
3. the state board after an inquiry according to its procedure shall grant the
Sec 21:-power to take samples of effluents permission.
1. an officer can take samples from any stream, sewage, or trade effluents. 2. this
sample shall not be considered as evidence unless it is, A. A notice shall be sent to Section 30 :- power to carry out certain works
the person. (1) Where under this Act, any conditions have been imposed on any person
B. sample shall be taken in presence of the occupier or his agent and divide the while granting consent under section 25 or section 26 and such conditions
sample into 2 parts. require such person to execute any work in connection therewith and such work
The sample shall be marked sealed by both and send the contained forthe has not been executed within such time as may be specified in this behalf, the
laboratory established or recognised by the central board State Board may serve on the person concerned a notice requiring him within
such time (not being less than thirty days) as may be specified in the notice to
Section 22:- execute the work specified therein.]
Where a sample of any sewage or trade effluent has been sent for analysis to the
laboratory established or recognised by the Central Board or, as the case may Section 32:- Emergency measures in case of pollution of stream or well.
be, the State Board, the concerned Board analyst appointed shall analyse the Where it appears to the State Board that any poisonous, noxious or polluting
sample and submit a report in the prescribed form of the result of such analysis matter is present in [any stream or well or on land by reason of the discharge of
in triplicate to the Central Board or the State Board, as the case may be. such matter in such stream or well or on such land] or has entered into that
stream or well due to any accident or other unforeseen act or event, and if the
Section 23:- power of entry and inspection Board is of opinion that it is necessary or expedient to take immediate action, it
Any person who is empowered by the state board may enter any place- may for reasons to be recorded in writing, carry out such operations as it may
consider necessary.
a. For the purpose of performing any of the functions of theboard entrusted to
him; Section 33:- Power of Board to make application to courts for restraining
b. To determine whether the functions are being performedaccording to rules, apprehended pollution of water in streams or wells.
notice, order, direction or authorization served.
Where it is apprehended by a Board that the water in any stream or well is likely
c. For the purpose of examining any plant, record, register, document or any to be polluted by reason of the disposal or likely disposal of any matter in such
other material object or for conducting a searchof any place in which he has reason stream or well or in any sewer or on any land, or otherwise, the Board may make
to believe that there has been or is being offence committed and for seizure of any an application to a court, not inferior to that of a Metropolitan Magistrate or a
plant. Judicial Magistrate of the first class, for restraining the person who is likely to
cause such pollution from so causing.
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Section 33A:- Power to give directions. 4. Explain the common law remedies available under (Under tort law)
Notwithstanding anything contained in any other law, but subject to the (under criminal law) in cases relating to environmental pollution? Ans:
provisions of this Act, and to any directions that the Central Government may
give in this behalf, a Board may, in the exercise of its powers and performance of SYNOPSYS
its functions under this Act, issue any directions in writing to any person, officer Introduction
or authority, and such person, officer or authority shall be bound to comply with Remedies under tort law
such directions. Penalties under tort law
Remedies under criminal law
Case laws
Conclusion
The Supreme Court in M.C.Mehta VS. Union of India held that the ternaries
financial capacity is not the relevant consideration while requiring them to set Introduction
up the primary treatment plants. The industry which cannot set up the primary
treatment plant cannot be granted consent by the State Pollution Control Board Remedies play a very important role in the field of environmental law. Any law
to continue its business. without remedies is castle in the air. The remedies available in India for
environmental pollution comprise common law remedies under law of Torts,
In the matter of Mahavir Soap and Godakhu Factory VS. Union of India, the remedies under criminal law, civil remedy and constitutional remedy.
State Pollution Control Board refused to consent to the factorys continuation in
the populated area on the public complaint. It was held that genuine reason for REMEDY UNDER LAW OF TORTS:-
the refusal to grant consent. The Court further had no reason to substitute its
opinion in place of State Pollution Control Boards decision. Tort is a civil wrong other than breach of contract or trust.
Conclusion The liability of the environment polluter under the law of torts is one of the
major and oldest legal remedies to abate the pollution. Majority of pollution
cases in tort fall under the following 5 categories.
State and central Pollution Control Board is to conduct, encourage, and
participate in an investigation. Also, research relating to problems of water
1. Nuisance
pollution and prevention, control or abatement of water pollution.
2. Trespass
3. Negligence
4. Strict liability
5. Absolute liability.

1. Nuisance

Nuisance is the unlawful interference with a person9s use and enjoyment of his
own land/property. It can be attributed to any sort of disturbance that hampers
one9s ability to enjoy his space without hindrance.
For a person to bring charges for the same, one must prove that he is facing
unnecessary disturbances. The actions of the defendant have to be unreasonable
in order for an act to be considered as a nuisance.
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Nuisance can be of two types: Trespass

Trespass is an unlawful interference with one9s property. Trespass is entering
1. Public nuisance someone9s property by breaching its boundaries without the owner9s
2. Private nuisance permission. Thus to claim trespass:

1. Public nuisance: Public nuisance is caused when the action of one • Trespass is a direct offence. One has to show that somebody/ some
affects many individuals or affects a community at large. It is an act substance entered their property causing harm.
or omission that affects the health, safety, and/or the signifiable The fact that trespass has to be a direct offence is an important factor
standard of living of many people at once. because it is the only point that distinguishes it from nuisance.

• Trespass has to be intentional in nature.

Ram Lal vs Mustafabad Oil And Cotton Ginning(1968): It was held that when • It is also important to note that it is not necessary to show harm in
the noise level crosses a certain threshold value it should be considered as a cases of trespass. It is only important to show that an object or a person
public nuisance. It falls under the category of noise pollution. It is a public entered the plaintiffs property without their permission.
nuisance as it causes discomfort to many at once.

2. Private nuisance: Private nuisance is caused when a person is 3. NEGLIGENCE

harmed individually. This can happen in two scenarios:
If there is a duty to be taken care of but care is not taken and it results in some
1. The pollution causes harm to only an individual and does not affect harm to another person, then it can be said that there was negligence.
many people.
2. The pollution caused harm to a group of people but that person NARESH DUTT TYAGI V. STATE OF U.P
suffered additional harm individually apart from the harm that is caused to
everybody in that group. The chemical pesticides were stored in a godown in the residential area. Fumes
emanating from the pesticides leaked to the contiguous property through
ventilators resulting in death of 3 children. In this case it was held that there was
RAM BAJ SINGH V. BABULAL (AIR 1982 ALL 285) negligence in clear form.
A person built a brick grinding machine in front of the consulting chamber of a
medical practitioner. The machine was generating lot dust and noise which 4. STRICT LIABILITY
polluted the atmosphere and entered theconsulting chamber of the medical
practitioner and caused physical inconvenience to him and his patients. The rule of strict liability as enunciated in Rylands v. Fletcher. That the person
who for his own purpose brings on his land and collects and keeps there
The Allahabad High court held that such thing amounts to private anything likely to be a mischief if it escapes must keep it at his peril and if he
nuisance which can reasonably be said to cause injury, discomfort or fails to do is prima facie liable to all the damage which is the natural
annoyance to a person. consequences of its escape.
Due to its disadvantages, the principle of Absolute Liability was developed.
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M.C MEHTA vs. Union Of India CODE OF CRIMINAL PROCEDURE 1973 AND ENVIRONMENTAL
LAW
This case is considered a landmark judgment because the principle of Absolute
Liability was developed fully in this case. • Section 133 to 143 deals with the concerning environment protection.
In this case, there was a leak of oleum gas from Shriram food and fertilizers Ltd
situated in Delhi. Oleum is a poisonous gas. • Section 133:-
• It deals with cases of public nuisance, wherein the Magistrate is
The principle of absolute liability states that the liability in such cases is not a empowered to pass conditional order for removal of public nuisance,
function of defences under strict liability such as self-participation, act of god,
etc. Section 133:- conditional order for removal of nuisance.
Absolute liability means an exceptional condition where the liability of the
accused party is so grave that no form of defence employed is sufficient excuse • A district magistrate or a sub-divisional magistrate or any other executive
for their non-performance of practicing reasonable care and failing to recognize magistrate specially empowered,
their duty towards the society and environment. Absolute liability is especially • A. that any unlawful obstruction or nuisance should be removed from any
important in cases when irreparable and grievous harm is caused. public place or from any way, river or channel which is or may be lawfully
used by the public.
In this case, the Deep Pocket theory was also formulated. This meant that • That the conduct of any trade or occupation, or the keeping any goods is
the larger the corporation is, larger will be the damages paid by them to injurious to the health of the community should be removed off.
the hurt • That any construction of any building or the disposal of any substance, is
Remedies under the law of torts. likely to explosion should be prevented or stopped;
• That any tank, well or excavation should be fenced in such manner to
1. Damages :- it refer to pecuniary compensation for prevent danger arising to the public.
• That any dangerous animal should be destroyed, confined or otherwise
tortious act, substantial damages are paid to compensate for the
injury or loss caused due to some tortious act. deposed.
• For the following reasons the magistrate may make a conditional order
• i. to remove such obstruction or nuisance;
2. Injunction :- it is a judicial remedy which can play
• ii. To desist from carrying on or to remove or regulate in such trade or
important role in abating or prevention pollution. An injunction
may be defined as the judicial process, whereby a person who occupation. • iii. To prevent or stop the construction of such building
• To fence such tank, well or excavation.
has infringed or is about to infringe the rights of another, is
• To destroy confine or dispose of such dangerous animal.
restrained from pursuing such acts.

Section 137:- procedure where existence of public right is denied.

i. Where an order is made under section is made under section 133 for the
purpose of preventing obstruction, nuisance or danger to the public in the
use of any way, river, channel or place, the magistrate shall on the
appearance before him of the person against whom the order was made,
question him as to whether he denies the existence of any public right in
respect of the way, river, channel or place, and if he does so, the
magistrate shall, before proceeding under section 138 shall inquire into
the matter.
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Section 138:- procedure where he appears to show cause Conclusion

If the person against whom an order under section 133 is made
appears and shows cause against the order, the Magistrate shall There are more than enough provisions and legislations dealing with
take evidence in the matter as in a summons case. environmental pollution and the remedies for the same but with the numerous
legislations comes confusion and chaos as to which remedy or punishment to
Section 139:- local investigation and examination of expert apply. Therefore, there is an imminent need, especially with climate change and
• The magistrate may for the purposes of an inquiry under section 137 or section global warming posing a serious threat to the world, for an integrated legislation
138. • A. direct local investigation to be made by such person as he thinks fit, that will deal with environmental safeguards and will also lay down
or punishments for violations of the same.
• B. summon and examine expert.

Section 140:- written instructions

• The magistrate directs a local investigation by person under section 139 the
magistrate may:-
• A. furnish such person with such written instructions as my seem necessary for
his guidance.
• B. declare by whom the whole or any part of the necessary expenses of the
local investigation shall be paid.
Section 141:- procedure on order made absolute and consequences of
disobedience.
• When an order is made absolute under section 136 or section 138, the
magistrate shall give notice of the same to the person against whom the order
was made,
• And shall further require him to perform the act directed by the order within a
time to be fixed in the notice and inform him that in case of disobedience he
will be liable to the penalty.

Section 142:- injunction during pendency of inquiry.

1. if a magistrate making an order under section 133 considers that immediate
measures should be taken to prevent imminent danger or injury of a serious kind
to the public, he may issue such an injunction to the person against whom the
order was made, as is required to obviate or prevent such danger or injury
pending the determination of the matter.

Section 143:- magistrate to prohibit repetition of public nuisance

• A district magistrate or sub-divisional magistrate or any other executive
magistrate empowered by the state government may order any person not to
repeat or continue a public nuisance, as defined in the Indian Penal code, or any
special or local law.
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5. Explain with decided cases the concept of sustainable development and

state their salient features Some of the salient principles of sustainable development.
Ans
SYNOPSIS 1. Inter generation equity
Introduction 2. Use and conservation of natural resources.
Objectives 3. Environmental protection
Principles 4. Precautionary principle
International documents where sustainable 5. Polluter pay principle
development has been implemented Conclusion 6. Obligation to assist and co-operate
7. Eradication of poverty
Introduction
8. Financial assistance to the developing countries.

In the world of environment two contradictory demands emerged. One is the

According to Herman Daly an economist of the world bank suggested 3 rules
protection and preservation of the environment for the present as well as the
for sustainable development has been implemented.
future generation and the other one is the continuing process of economic
development.
1. Harvest renewal resources only at that speed at which they regenerate.
The 2 demands are interwoven and with the complex problem of balancing
2. Limit waste to the assimilative capacity of the local ecosystem or release
the 2 concepts, because both are necessary for the society. We cannot go for
the one at the cost of the other. those waste elsewhere they can be assimilated and
From the very beginning the controversy between environment and 3. If you use non-renewable resources let that part of the profit be put aside for

development was there so in order to synthesize the controversial imperatives investment in a renewable substitute resource.
that effect the economy the term sustainable development emerged. Which
literal means the process or the way in which the economic planning should be INTERNATIONAL DOCUMENTS ON SUSTAINABLE DEVELOPMENT
given shape so as not to disturb the ecology. It is a process through which
development activities can be sustained for the coming generation. The Brundtland Report And Sustainable Development [1987]

Definition as BRUNDTLAND REPORT defined the concept Sustainable The Brundtland report, also known as OUR COMMON FUTURE gave the most
Development means the world commission onEnvironment and Development recognized and widely accepted definition of the term sustainable development
popularly known development that meets the needs of the present without in 1987. Following this report, <the human ability to ensure that the current
comprising theability of the future generations to meet their own needs. development meets the needs of the present without compromising the ability of
future generations to meet their own needs= was the first widely accepted
It has 4 objectives definition of sustainable development.
1. It refers to a commitment to preserve natural The World Commission on the Environment and Development also stood out
resources for the benefit the present and future generation. that sustainable development needed to consider that developing has limitations.
2. Sustainable developments refer to appropriate
standards for the exploitation of natural resources.
3. Equitable use of Natural resources.
4. Environmental considerations be integrated into economic and other
development plans and development needs are taken into account in applying
environmental objectives.
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The Millennium Ecosystem Assessment And Sustainable Development 2. It also observed that <we are not oblivious of the fact that
[2001] natural resources have got to be tapped for the of the social
development but one cannot forget at the same time that tapping of
The Millennium Ecosystem Assessment was a 4 years-long investigation that resources have to be done with the requisite attention and care so that
started in 2001 and was requested by the UN. Over 1200 researchers gathered ecology and environment may not be affected in any serious way.
to assess the consequences that ecosystems changes had on human well-being.
The main findings of the investigation were: M.C.MEHTA VS. UNION OF INDIA (2002) 4 SCC 356. (DELHI
VEHICULLAR POLLUTION CASE)
 Humans have changed ecosystems more quickly and widely than ever
before. This resulted in a substantial and largely irreversible biodiversity The Supreme court emphasized the significance of the principle of sustainable
loss; development and held that sustainable development is one of the principles
 The changes made to ecosystems improved human well-being and the
underlying environmental law and that the precautionary principle and the
economy but have harmed the planet and society.
polluter pays principle as the two essential features of sustainable development.
 The degradation of ecosystems services would probably get worse over
the 21st century;
 The changes needed to preserve the ecosystems degradation and still INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION V/S UNION OF
meet the increasing demand for services. Nonetheless, it would involve INDIA (1996) 5 SCC 281.
significant changes in policies across the public and private sectors
The Supreme Court emphasized the importance of the Doctrine of Sustainable
EARTH SUMMIT :- Development as follows.
While economic development should not be allowed to take place at the cost of
This conference forced the people world-wide to re-think how their lives affect ecology or by causing wide spread environmental destruction and violation; at
natural environment and resources and to confront what determines the the same time, the necessity to preserve ecology and environment should not
surroundings in which they live. It was the largest U.N. Conference ever held hamper economic and other developments. Both development and environment
and it put the world on a path of sustainable development which aim at meeting must go hand in hand, in other words, there should not be developed at the cost
the needs of the present without compromising the ability of future generation of environment and vice- versa, but there should be development while taking
to meets their own needs. due care and ensuring the protection of environment.

Case laws Conclusion

RURAL LITIGATION AND ENTITLEMENT KENDRA V/S STATE OF Undeniably, adhering to the sustainable development goals is the need of the
U.P.[AIR1985 SC 652]. hour. It is time that each one of us adopt an energy-efficient and green mind- set
and use the natural resources available equitably, judiciously and save themfor
This was the 1st case in India involving issues relating to environment and our future generations, as the best way to predict the future is to create it.
development .
The case is relating to mining activities which created environment pollution

1. The court held that the mining activity has to be permitted to the
extent it is necessary in the economic and defence interest of the
country as also for safe guarding of the foreign exchange position.
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6. Discuss the rule of absolute liability with the help of decided cases The Public Liability Insurance Act, 1991[7]

This act was introduced with the aim of providing immediate relief to people
who are victims of accidents in which handling of hazardous substances is
Ans:
involved. The main focus of the Act is to create a public liability insurance fund
which can be used to compensate the victims.
SYNOPSYS
Introduction
The Act states that any person who is carrying out inherently dangerous or
Public liability insurance
hazardous activities should have insurances and policies in place where he will
Origin of absolute liability
be insured against liability to provide compensation to the victims in case any
Essentials of absolute liability
accident takes place, and some injury occurs
Landmark Judgements
Conclusion
Origin of absolute liability in India
Introduction
Pursuant to the Bhopal Gas Tragedy and the Oleum Gas Leak, the Indian
Judiciary found it imperative to initiate a concept to address such rare
The rule of absolute liability, in simple words, can be defined as the rule of strict
occurrences, wherein the defendant should have no exception in taking
liability minus the exceptions. In India, the rule of absolute liability evolved in
responsibility for the action that caused such large-scale damages.
the case of MC Mehta VS. Union of India. This is one of the most landmark
judgment which relates to the concept of absolute liability.
Therefore, in the case of M.C. Mehta v. Union of India, the Indian Judiciary,
under the guidance of Justice Bhagwati, finally introduced the concept of
The facts of the case are that some oleum gas leaked in a particular area in Delhi
Absolute Liability as being applicable in situations such as those of the case.
from industry. Due to the leakage, many people were affected. The Apex Court
then evolved the rule of absolute liability on the rule of strict liability and stated
that the defendant would be liable for the damage caused without considering
the exceptions to the strict liability rule. Essentials of absolute liability
The essentials of Absolute Liability are similar to the understanding of Strict
According to the rule of absolute liability, if any person is engaged in an Liability, in the sense that it too requires the preconditions of a dangerous thing,
inherently dangerous or hazardous activity, and if any harm is caused to any the escape of such dangerous things, and damage caused due to the escape of
person due to any accident which occurred during carrying out such inherently such dangerous things. However, as required under Strict Liability, the essential
dangerous and hazardous activity, then the person who is carrying out such of 8Non-natural use of land9 is not a prerequisite to the rule of Absolute
activity will be held absolutely liable. The exception to the strict liability rule Liability.
also wouldn’t be considered.
1. Dangerous Thing
The rule laid down in the case of MC Mehta VS. UOI was also followed by the 2. Escape
Supreme Court while deciding the case of Bhopal Gas Tragedy case. To ensure
that victims of such accidents get quick relief through insurance, the Indian 3. Hazardous or inherently dangerous substance: The major
Legislature passed the Public Liability Insurance Act in the year 1991. distinguishing factor in the essentials of Absolute Liability is the
presence of a hazardous or inherently dangerous substance on the land.
This means that if the defendant has a hazardous substance on his land,
no matter what its use, such a defendant would be absolutely liable if
such substance escapes his premises.
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Landmark judgments Conclusion

The Bhopal Gas Tragedy
Absolute Liability, as seen above, has not always been without any exceptions.
Facts Earlier, the unforeseen nature of the incident and the absence of mens rea could
help in the defence of an individual charged with the same. The evolution of this
On 2nd and 3rd December 1984, the gas known as methyl isocyanate leaked concept with the evolution of industry and society rendered such exceptions
from the pesticide manufacturing plant of the Union Carbide Industry located at redundant
Bhopal, Madhya Pradesh. The toxic gas leaked over the entire city, causing a
death toll of approximately 4000 [four thousand] people, and incapacitating
nearly 1.5 lakh people.

Judgment

The Supreme Court upheld the validity of the settlement order but ruled out the
provision quashing any criminal liability on the industry. The court stated that
even if the company did take all precautions necessary for preventing such an
outbreak of hazardous gas, the responsibility still lies in their hands. If not for
the settlement order, this principle of absolute liability would be applied in too,
and the industry would have been absolutely liable for all damages and
casualties of citizens caused by its hazardous substance. This is where the
concept of absolute liability was awakened

Vizag Gas Leak, 2020

Facts

On May 7th, 2020, a polymer plant of the LG Polymers India Private Limited
leaked Styrene Gas, killing 11 [eleven] people and affecting the lives of
thousands of others therein. On prima facie analysis of the cause, it appeared
that the leak was a result of the failure of the company to meet the compliances

Judgment

The NGT, in addition to directing the concerned company to pay damages worth
Rs. 50 crore, also observed that the company is only strictly liable for the
damage it caused. It reiterated the justification of the applicability of only one
principle, by stating that to ensure environmental protection, the 8Polluter pays
Principle9 is well within Indian Jurisprudence, and can be explicitly applied to
the company in this present case.