Environmental Law Sem 6 Llb.

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Environmental law final
1. ‘We won’t have a society, if we destroy the environment’ - Margaret Mead

2. The term env. Has derived from the Latin word ENVIRON which means surroundings. Environment
can be described as the surrounding in which person, animal or plant lives or operates
3. According to DR. T.N. ‘env. Is the sum total of all conditions and influences that affect the
development of life of all human beings
4. The term env. Is defined under sec. 2(g) of the env. Protection act 1986 which says that, env.
Includes land, water, air and the interrelation between human beings, plants, other living creatures,
land, water and air.
5. Environmental law relates to law made by legislature in relation to env.
6. Indian env. Law had major change in form of 42nd amendment as the effect of STOCKHOLM
CONFERENCE.
Some of the important legislations for environment protection are as follows:
 The National Green Tribunal Act, 2010

 The Air (Prevention and Control of Pollution) Act, 1981
 The Water (Prevention and Control of Pollution) Act, 1974
 The Environment Protection Act, 1986
 The Hazardous Waste Management Regulations, etc.
1. Indian constitutional provisions for conservation and protection of environment.

2. The Indian constitution has special provisions for environment discuss
3. Provisions relating to environmental protection and conservation incorporated in the Indian
constitution.
Synopsis
 Introduction
 Constitution of India
 Need for environmental protection
 Fundamental duties- Article 51-A (g)
 Directive principles Article 48 –A
 Fundamental rights, Articles 21, 14 and 19
Constitution of India
India is the largest democracy in the world and on the 26th of January 2019 the constitution of
India, which has seen various amendments and changes been done over the years, completed 69
years of democracy and sovereignty.
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The said handwritten constitution provides for fundamental political principles, procedures,
practices, rights, powers, and duties of the government
Recognized by Forbes India as one of 30 achievers under 30 for the year 2018, gautam Bhatia
quotes “the constitution of India never gets old”
Need for environmental protection
According to the Stockholm Declaration on the Human Environment, healthy environment is

fundamental to human life.
Environmental protection is a practice of protecting the natural environment
The need for protection of environment can easily be understood from the following facts:
 One billion people in the world have no clean water.

 Two billion people have inadequate facilities of sanitation.
 One and a half billion people breathe air that is dangerously unhealthy and so on.
Environment was never there in the minds of the founding fathers of the Indian Constitution.
Consequently, the expression ‘environment’ does not find any mention in the Constitution.
However, there are many items in the legislative lists which enable the Centre and the State to
make laws in the field of environment like public health, sanitation, etc
Fundamental duties
Article 51-A (g), speaks that, it shall be duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wild life and to have compassion for living
creatures
 L.K Kollwal V State of Rajasthan, a simple writ petition by citizens of Jaipur compelled the
municipal authorities to provide adequate sanitation. The court observes that when every citizen
owes a constitutional duty to protect the environment (Art.51A), the citizen must be also entitled
to access the court’s aid in enforcing that duty against State agencies. The Court gave the
administration six month to clean up the entire city, and dismissed the plea of lack of funds and
staff.
The Directive principles
The Directive principles under the Indian constitution directed towards ideals of building welfare
state. Healthy environment is also one of the elements of welfare state.
Article 48 -A of the constitution says that “the state shall endeavor to protect and improve the
environment and to safeguard the forests and wild life of the country”.
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 The Supreme Court of India in “Sachidanand Pandey v. State of West Bengal AIR 1987 SC 1109”
stated that the Court is bound to bear in mind the above said articles whenever a case related to
Environmental problem is brought to the Court.
Fundamental Rights
The Constitution of India under part III guarantees fundamental rights which are essential for the
development of every individual. Articles 21, 14 and 19 of this part have been used for
environmental protection.
Profession and health hazard
Article 19 (1) (g) of the Indian constitution confers fundamental right on every citizen to practice
any profession or to carry on any occupation, trade or business. This is subject to reasonable
restrictions. A citizen cannot carry on business activity, if it is health hazards to the society or
general public. Thus safeguards for environment protection are inherent in this. The Supreme
Court, while deciding the matter relating to carrying on trade of liquor in Cooverjee B.
Bharucha Vs Excise commissioner, Ajmer
Right to life and right to environment = according to article 21 no person shall be deprived of his
life or liberty except according to the procedure established by law. Right to healthy environment
is important part of right to live with human dignity. The right to live in healthy environment as a
part of article 21 was first recognized in RURAL LITIGATION AND ENILIGHTENMENT KENDRA v/s
STATE, popularly known as Dehradun quarrying case.
Noise pollution= In PA JACOB v/s THE SUPREITENDENT OF POLICE, KOTTAYAM. The Kerala high
court held that freedom of speech under article 19(1) (a) does not include freedom to use loud
speaker or sound amplifiers. Thus noise pollution caused by the loud speaker can be controlled
under article 19(1) (a).
Local government and environment = At local and village level also after the 73rd amendment,
panchayat have been empowered under the constitution to take measures such as forestry,
environment protection, promotion of ecological aspect etc.
Conclusion
1. The constitution of India embodies the framework of protection and preservation of nature
without which life cannot be enjoyed.
2. The knowledge of constitutional provisions regarding environment protection is need of the day to
bring greater public participation, environmental awareness, and environmental education and
sensitize the people to preserve ecology and environment.
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Right to life by Indian judiciary in environmental cases.
Synopsis
 Introduction
 Constitution of India
 ARTICLE 21
 Judicial interpretation
 Rural litigation and entitlement Kendra, Dehradun v/s state of UP.
 Shubash Kumar vs state of Bihar
 M.C. Mehta vs. Union of India (Vehicular Pollution Case)
 Murli S. Deora vs. Union of India
Union Of India v. Sankalchand Himatlal Sheth[4]: “Judiciary is a watching tower above all the big
structure of the other limbs of the state.
ARTILCE 21
If one is asked which is the most important of all the articles in the Indian Constitution, one can
only say - Article 21, which is the guiding light of India.
Article 21 is the heart of the fundamental rights and has received expanded meaning from time to
time as why the right to live in healthy environment cannot be covered under it
Article 21 is the celebrity provision of the Indian Constitution and occupies a unique place as a
fundamental right for the people of India. It protects the life and personal liberty.
Article 21 has very expansive scope and has immense content into off with lesser words
Therefore constitution provisions, especially fundamental rights and in particular Article 21 has
been broadly construed by the judiciary.
JUDICIAL INTERPRETATION OF ARTICLE 21
The right to healthy environment has been incorporated, directly or indirectly, into the judgments
of the court.
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Rural litigation and entitlement Kendra, Dehradun v/s state of UP.
This was the first case in the country concerning the environmental issue.
In this case a letter was written by rural litigation and entitlement Kendra, Dehradun to the
Supreme Court, complaining against progressive mining which cleared the trees and forest of the
hills of Mussoorie and accelerated soil erosion resulting into landslides and blockage of many
underground water channels in the valley.
The court treated the letter as a writ petition under article 32 of the constitution
The court held that the disturbance of environment and pollution of air water by reasons of
quarrying operations definitely affects the right to life and personal liberty under article 21 of the
constitution.
Shubash Kumar vs state of Bihar
The Supreme Court made a remarkable effort in 1991while analyzing the ambit of Article 21 of
Indian Constitution in Subhash Kumar case
The petitioner, an influential businessman, filed a PIL claim against two iron and steel companies,
the petitioner claimed that the companies had created health risks by dumping surplus waste from
factory into the nearby Bokaro River.
According to the petitioner, the waste had been deposited on agricultural land, which left a
harmful product on the soil. The petitioner also alleged that the State Pollution Control Board had
failed to take appropriate steps for preventing pollution.
The petitioner asked the Court to take legal action against the companies under the Water
(Prevention and Control of Pollution) Act of 1974
The Court found that the Board had indeed taken effective steps to prevent the waste discharge
from the factories into the river and thus dismissed the petition. Furthermore, it was held that the
petition did not qualify as a public interest litigation, because it was filed by the petitioner’s own
interest in obtaining larger quantities of waste in the form of slurry from one of the respondent
companies from which he started to purchase slurry several years prior to the petition.
It is important to mention here that before concluding the judgement the apex court made an
excellent remark that right to get pollution free water and air has been included under the purview
of article 21 of the Indian Constitution which deals with ‘right to life’
M.C. Mehta vs. Union of India (Vehicular Pollution Case)

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This case has served to be a major landmark because of which lead-free petrol supply was
introduced in Delhi
Writ petition was filed by M.C. Mehta requesting the court to pass appropriate orders for the
reduction of Vehicular Pollution in Delhi.
The Supreme Court acknowledged that the problem of environmental pollution is a global one.
The effect of pollution is not restricted by the political boundaries of a country or a state.
The Court held the incorporation of protection of environment as a duty of the State in the
Directive Principles and the mandate in Article 51 indicate that the Constitution recognises the
importance of environment.
In this case the apex court confirmed right to a healthy environment as a basic human right and
stated that the right to clean air also stemmed from Art 21 which referred to Right to life.
Murli S. Deora vs. Union of India
Tobacco related diseases caused an estimated eight hundred thousand deaths in India per year,
with treatment of tobacco caused diseases resulting in a loss of Rs. 13,500 Crores annually.
The Petitioner, Murli S. Deora, brought this public interest claim on the basis of the right to life and
liberty espoused in Article 21 of the Indian Constitution.
At the time, two Acts were in force, the Cigarettes (Regulation of Production, Supply and
Distribution) Act1975 and the Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Bill,
2001. The objects of both Acts detailed the concern of tobacco smoking on public health, but did
not establish a ban.
It is found in several studies that passive smoking reduces the life of the smokers by up to 25
years, but it is known by very few that smoking, if affects the health of smokers then it also affects
the health of non –smokers who inhale the smoke and affected by diseases like lung cancer and
other respiratory diseases like asthma. In the following case, it was observed that the people who
are non – smokers, their right guaranteed under article 21 of the Indian Constitution is infringed.
Therefore, agreeing to the issues raised by the parties to the petition the court found that smoking
in the public places is injurious to health of non – smokers and violating their right to life and
liberty and hence it directed the Union of India, State Government, and the Union Territories to
implement this ban in all the public places which include auditoriums, hospital buildings, health
institutions, educational institutions, libraries, public offices, court buildings and public
conveyances including railways.
Right to live in a free environment was covered under scope of article 21 in following landmark
cases
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1. MC MEHTA v/s U.O.I (OLEUM GAS LEAKAGE)

2. F.K.HUSSAIN v/s U.O.I
3. CHARAN LAL SAHU v/s U.O.I
4. L.K. KOOLWAL v/s STATE
SUSTAINABLE DEVELOPMENT AND LAW (PRINCIPLES AND FEATURES)
The term sustainable development was coined at the time of the Cocoyoc Declaration on
Environment and Development in the early 1970’s.
The doctrine of ‘Sustainable Development was first discussed in the Stockholm Declaration of 1972.
In 1987, the World Commission on Environment and Development submitted its report,
called “Our Common Future”, which is also known as Brundtland report. G.H.Brundtland the
prime minister of Norway executed the commission, where in an effort was made to link economic
development and environment protection.
According to brundtland report “Development that meets the needs of the present without
compromising the ability of the future generations to meet their own needs”.
Salient features of sustainable development
1. Use and conservation of natural resource
1. The Earth’s natural resources include air, water, soil, minerals, plants, and animals. Conservation is
the practice of caring for these resources so all living things can benefit from them now and in the
future.
2. The presence of natural resources is essential for maintaining the environmental balance.
3. . We must understand the importance of natural resources and the need to conserve them for future use
4. . If we do not take serious measures to conserve them, then it will become almost impossible for us to
live on Earth.
5. The government of every country needs to emphasize the importance of conservation of natural
resources and ensure its citizens avoid wastage of any kind.
6. Strict laws must be made to ensure we only use as much as we need and avoid wastage of any kind.
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7. The government must keep a check on the cutting of trees, over consumption of petroleum, wastage of
minerals and even the usage of water.
8. The air and water quality has gone down due to pollution and it is likely to degrade further in the times
to come. We need to protect and conserve natural resources for our future generations so that they can
enjoy a comfortable life just as we do.
The precautionary principle
The precautionary principle states that if there is risk of severe damage to humans and/or the
environment, absence of scientific proof is not a reason for in action
The main objective of precautionary principle is to ensure that a substance or an activity posing a
threat to the environment is prevented form affecting the environment
The principle follows the approach of being safe than being sorry.
Major environmental issues of the 1960s– the case of DDT (dichloro diphenyl trichloroethane) —
led environmentalists and policy makers to rethink their approach towards uncertainties. In the
mid-1970s, West Germany’s legislature enacted a national environmental policy which provided for
precautionary approach to environmental protection, the precautionary principle is considered to
be the most important principle of German environmental policy.
The Indian courts have particularly embraced the precautionary principle.
 In Vellore Citizens Welfare Forum v. Union of India[xliv], the petitioners filed a petition in the
public interest under Article 32 of the Constitution of India, directed against the pollution
caused by enormous discharge of untreated effluent by the tanneries and other industries in
the State of Tamil Nadu. The Supreme Court of India noted that:
“Though the leather industry is of vital importance to the country as it generates foreign exchange
and provides employment avenues it has no right to destroy the ecology, degrade the environment
and pose as a health hazard”
The court expressed the view that the precautionary principle and the polluter pays principle are
essential features of sustainable development and that they have been accepted as part of the law
of the land
 In M.C Mehta v. Kamal Nath, the Supreme Court of India affirmed the decision in Vellore
Citizens’ Welfare Forum v Union on India upholding the precautionary principle as part of the
environmental law of India
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 In RESEARCH FOUNDATION FOR SCIENCE v/s U.O.I. , the Supreme Court explained that the
precautionary principle generally describes an approach to the protection of the environment
or human health as a precaution even where there is no clear evidence of harm or risk of harm
from an activity or substance. It provides for taking protection against specific environment
hazards by avoiding or reducing the environmental risk before the harm is experienced.
 The Precautionary Principle was very comprehensively reviewed by the Apex Court in the case
of AP Control Pollution Board vs. Prof M V Nayadu.[15] The Court stated that it is better to go
wrong in taking caution and prevent environmental harm rather than waiting for the issue to
materialize into an irreversible problem. The Court opined that the Precautionary Principle
was evolved because of lack of scientific certainty only, and the principle involves anticipating
the harm the environment may suffer and act on the basis of that.
 In the case of Narmada Bachao Andolan v UOI,[16] the Apex Court very clearly laid down the
proposition of law, and specifically of Precautionary Principle. 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.
Concluding Remarks
Apart from being a part of the environmental protection instruments, Precautionary Principle has
also become a crucial part of the Public International Law. With the law gaining significant
momentum in the sphere of sustainable development, it is only inevitable that concept such as these
is accepted by all the nations. Precautionary Principle, a fundamental element of sustainable
development has been discussed much in the legal context, but improvements are still needed in
implementation
THE POLLUTER PAYS PRINCIPLE.
1. The ‘polluter pays’ principle is the commonly accepted practice that those who produce pollution
should bear the costs of managing it to prevent damage to human health or the environment.
2. For instance, a factory that produces a potentially poisonous substance as a by-product of its activities
is usually held responsible for its safe disposal
3. The polluter pays principle is part of a set of broader principles to guide sustainable development
worldwide (formally known as the 1992 Rio Declaration).
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History
1. The Polluter Pays Principle was first introduced in 1972 by the Organization for Economic Cooperation
and Development (OECD)
2. Subsequently, the Rio Declaration laid down the guidelines for sustainable development meaning
thereby a strategy to cater the needs of the present generation without compromising the needs of
the future generation.
3. In furtherance of the aim of sustainable development Rio Declaration Principle 16 of the Rio
Declaration enshrined the Polluter Pays principle stating that the polluter should bear the cost of
pollution.
View of the Indian Judiciary
The Indian Judiciary has incorporated the Polluter Pays Principle as being a part of the Environmental Law
regime is evident from the judgments passed.
Indian Council for Enviro-Legal Action vs. Union of India 1996(3) SCC 212
1. The Court held that once the activity carried on is hazardous or inherently dangerous, the person
carrying on such activity is liable to make good the loss caused to any other person by his activity
irrespective of the fact whether he took reasonable care while carrying on his activity.
2. The rule is premised upon the very nature of the activity carried on
Vellore Citizens' Welfare Forum vs. Union of India 1996(5) SCC 647
1. The Court interpreted the meaning of the Polluter Pays Principle as the absolute liability for harm to
the environment extends not only to compensate the victims of the pollution but also the cost of
restoring the environmental degradation
2. The polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the
damaged ecology."
The Oleum Gas Leak case (M.C. Mehta vs. Union of India)
The enterprise is absolutely liable to compensate for such harm and irrespective of all reasonable care taken
on his account. The larger and more prosperous the enterprise, greater must be the amount of the
compensation payable for the harm caused on account of an accident in the carrying on of the hazardous or
inherently dangerous activity by the enterprise.
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M. C. Mehta vs Kamal Nath & Ors (1997)1SCC388
1. The Court held that pollution is a civil wrong and is a tort committed against the community as a
whole.
2. Thus, any person guilty of causing pollution has to pay damages (compensation) for restoration of
the environment and ecology.
3. Under the Polluter Pays Principle, it is not the role of Government to meet the costs involved in
either prevention of such damage, or in carrying out remedial action, because the effect of this
would be to shift the financial burden of the pollution incident to the taxpayer.
PUBLIC INTEREST LITIGATION HAS GREATER SIGNIFICANCE IN THE FIELD OF ENVIRNOMENT PROTECTION
INTRODUCTION
1. According to Indian law, PIL means a mode of litigation which is carried out for protection of public
interest
2. It is not necessary, for the exercise of the court’s jurisdiction, that the victim whose rights are
violated should personally approach the court. Public Interest Litigation is the power which has been
given to the public by courts through judicial activism.
3. The definition of Public interest litigation is not mentioned in any statute or in any act. It has been
interpreted by judges to consider the intent of public at large
There are diverse areas where a Public interest litigation can be filed. For e.g.
1) When basic human rights of a poor person is violated.
2) To question contents or conduct of any government policy.
3) To compel municipal authorities to perform a public duty.
4) When religious rights or other basic fundamental rights are violated.
EMERGENCE OF PIL
The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under trial
prisoners. In Hussainara Khatoon v. State of Bihar, the PIL was filed by an Advocate on the basis of the news
item published in the Indian Express, highlighting the plight of thousands of under trial prisoners
languishing in various jails in Bihar. These proceeding led to the release of more than 40,000 under trial
prisoners. Right to speedy justice emerged as a basic fundamental right which was denied to these
prisoners
IMPORTANCE OF PIL
1. Public interest litigation provides a wider interpretation to the right to equality, life and personality
which is guaranteed under part III of the Constitution of India.
2. It has also introduced some types of reliefs or remedies under the writ jurisdiction.
3. It also functions as an effective instrument to bring changes in the society or social welfare.
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4. Through public interest litigation, any public or person can seek remedy on behalf of the oppressed
class by introducing a PIL.
ROLE OF JUDICIARY IN DEVELOPMENT OF ENVIRONMENTAL JURISPRUDENCE
1. Professor Upendra Baxi, who has often supported the judicial activism in India, has also said that the
“Supreme Court of India” has often become “Supreme Court for Indians”
2. Power and judicial activism of the Indian courts have resulted into a strong and ever expanding
regime of fundamental rights
3. Stockholm Conference on Human Environment, 1972, has generated a strong global international
awareness and in India it facilitated the enactment of the 42nd Constitutional Amendment, 1976.
This amendment introduced certain environmental duties both on the part of the citizens [Article
51A (g)] and on the state (Article 48-A).
4. These provisions have been used by the courts to justify and develop a legally binding fundamental
right to environment as part of right to life under Article 21
5. Before 1996 there were very few references to international environmental treaties though by 1990
India was party to more than 70 multilateral treaties of environment significance
6. EXAMPLE - In Calcutta Wetland Case the Calcutta High Court stated that India being party to the
Ramsar Convention on Wetland, 1971, is bound to promote conservation of wetlands.
IMPORTANT LANDMARK JUDGMENTS BY JUDICIARY
Rural litigation and entitlement Kendra, Dehradun v/s state of UP.
This was the first case in the country concerning the environmental issue.
In this case a letter was written by rural litigation and entitlement Kendra, Dehradun to the
Supreme Court, complaining against progressive mining which cleared the trees and forest of the
hills of Mussoorie and accelerated soil erosion resulting into landslides and blockage of many
underground water channels in the valley.
The court treated the letter as a writ petition under article 32 of the constitution
The court held that the disturbance of environment and pollution of air water by reasons of
quarrying operations definitely affects the right to life and personal liberty under article 21 of the
constitution.
Shubash Kumar vs state of Bihar
The Supreme Court made a remarkable effort in 1991while analyzing the ambit of Article 21 of
Indian Constitution in Subhash Kumar case
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The petitioner, an influential businessman, filed a PIL claim against two iron and steel companies,
the petitioner claimed that the companies had created health risks by dumping surplus waste from
factory into the nearby Bokaro River.
According to the petitioner, the waste had been deposited on agricultural land, which left a
harmful product on the soil. The petitioner also alleged that the State Pollution Control Board had
failed to take appropriate steps for preventing pollution.
The petitioner asked the Court to take legal action against the companies under the Water
(Prevention and Control of Pollution) Act of 1974
The Court found that the Board had indeed taken effective steps to prevent the waste discharge
from the factories into the river and thus dismissed the petition. Furthermore, it was held that the
petition did not qualify as a public interest litigation, because it was filed by the petitioner’s own
interest in obtaining larger quantities of waste in the form of slurry from one of the respondent
companies from which he started to purchase slurry several years prior to the petition.
It is important to mention here that before concluding the judgement the apex court made an
excellent remark that right to get pollution free water and air has been included under the purview
of article 21 of the Indian Constitution which deals with ‘right to life’
M.C. Mehta vs. Union of India (Vehicular Pollution Case)
This case has served to be a major landmark because of which lead-free petrol supply was
introduced in Delhi
Writ petition was filed by M.C. Mehta requesting the court to pass appropriate orders for the
reduction of Vehicular Pollution in Delhi.
The Supreme Court acknowledged that the problem of environmental pollution is a global one.
The effect of pollution is not restricted by the political boundaries of a country or a state.
The Court held the incorporation of protection of environment as a duty of the State in the
Directive Principles and the mandate in Article 51 indicate that the Constitution recognises the
importance of environment.
In this case the apex court confirmed right to a healthy environment as a basic human right and
stated that the right to clean air also stemmed from Art 21 which referred to Right to life.
Murli S. Deora vs. Union of India
Tobacco related diseases caused an estimated eight hundred thousand deaths in India per year,
with treatment of tobacco caused diseases resulting in a loss of Rs. 13,500 Crores annually.
The Petitioner, Murli S. Deora, brought this public interest claim on the basis of the right to life and
liberty espoused in Article 21 of the Indian Constitution.
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At the time, two Acts were in force, the Cigarettes (Regulation of Production, Supply and
Distribution) Act1975 and the Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Bill,
2001. The objects of both Acts detailed the concern of tobacco smoking on public health, but did
not establish a ban.
It is found in several studies that passive smoking reduces the life of the smokers by up to 25
years, but it is known by very few that smoking, if affects the health of smokers then it also affects
the health of non –smokers who inhale the smoke and affected by diseases like lung cancer and
other respiratory diseases like asthma. In the following case, it was observed that the people who
are non – smokers, their right guaranteed under article 21 of the Indian Constitution is infringed.
Therefore, agreeing to the issues raised by the parties to the petition the court found that smoking
in the public places is injurious to health of non – smokers and violating their right to life and
liberty and hence it directed the Union of India, State Government, and the Union Territories to
implement this ban in all the public places which include auditoriums, hospital buildings, health
institutions, educational institutions, libraries, public offices, court buildings and public
conveyances including railways.
In the State of Himachal Pradesh, Span motel[6], owned by the family members of Shri Kamal Nath,
Minister for Environment and Forests, Govt. of India diverted the Course of river Beas to beautify the
motel and also encroached upon some forest land. The apex court ordered the management of the Span
motel to hand over forest land to the Govt. of Himachal Pradesh and remove all sorts of encroachments.
The Court delivered a land mark judgment and established principle of exemplary damages for the first
time in India. The Court said that polluter must pay to reverse the damage caused by his act and imposed
a fine of Rs Ten Lakhs (Rs 10,00,000) on the Span motel as exemplary damages. The Supreme Court of
India recognized Polluter Pays Principle and Public Trust Doctrine.
Many more such cases could be added from the history of Indian Judiciary which are more vocal in support
of Environment and healthy life than other pillars of Indian Democracy
REASONS FOR JUDICIAL ACTIVISM IN PROTECTION OF ENVIRONMENT
1. The year 1972 holds significance for the Environment Jurisprudence as it has changed the course of
action altogether.
2. The Stockholm conference is milestone from where this country and other developing countries had
to look environment from different perspective.
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3. United Nations Conference on the Human Environment, having met at Stockholm from 5 to 16 June
1972, having considered the need for a common outlook and for common principles to inspire and
guide the peoples of the world in the preservation and enhancement of the human environment.
4. They have set some illuminated and cardinal principles to be observed while interacting with nature
for man-made development.
1. Somewhere around 1982, concept of Public Interest Litigation was gaining importance due
to recognition given by Honourable Judge like P.N. Bhagvati. Government had made no
comprehensive plan, lay out of industrialization and on the other hand , vested groups had
eye on green lands and cheap natural resources without taking any ethical and social
responsibility against those communities who protected and maintained such valuable
ecological balance.
2. Supreme Court of India came to the rescue for the plights of those people who either had to
migrate to some other places due to mining or industry or were facing the ill effects of any
activity. Before the Pro-active role of Indian Judiciary, Government had no mechanism to
deal with such situations.
3. The judiciary made several attempt to resolve the conflict between the development and
environment. The environmental jurisprudence in India developed through the instrument of Public
Interest Litigation (PIL).
4. Under the PIL, the judiciary liberalized the concept of locus standi and thereby empowered the
people to approach the judiciary when the public interest is harmed by either the action of the state,
organization or individual.
5. Unique feature of the Indian environmental jurisprudence is the important role played by the PIL.
6. The activism of the higher judiciary regarding the cases related with violation of environment and
human rights has acquired the name of judicial activism.
7. The Supreme Court has not only played a leading role in the implementation of environmental laws
but also interpreted the right to life under Article 21 to include a right to healthy and pollution free
environment, as a fundamental right.
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Air act
Introduction
The AIR prevention and control of pollution act 1981 is an important constitutional implication with
an international background. The act drew its inspiration from the united nation conference on
human environment held at Stockholm in 1972. The Air ACT 1981 is a special legislative measure
mean to tackle environmental pollution.
Object
In order to prevent and control the pollution of air, the parliament passed a legislation in 1981
which came into force on 30th march 1981.
The act extends to whole of India including the state of Jammu and Kashmir.
The main objects of the act are,
1. To preserve the quality of the air and control air pollution

2. To provide for prevention control and abatement of air pollution
3. To provide for the establishment of central and state boards
Contains
The act consists of 54 section divided in 7 chapters
Chapter 1 deals with preliminary and definitions of certain terms

Chapter 2 deals with establishment of central and state boards
Chapter 3 deals with powers and functions of air pollution control board
Chapter 4 deals with prevention and control of air pollution
Chapter 5 deals with funds account and audit
Chapter 6 deals with penalties and procedure
Chapter 7 deals with miscellaneous provisions
Salient features of air act
1. The central and state board for prevention and control of air pollution, chapter 2
2. Power and functions of board, chapter 3
3. Prevention and control of air pollution, chapter 4
4. Penalties and procedure, chapter 6
The central and state board for prevention and control of air pollution, chapter 2
Section 3 central board for the prevention and control of air pollution
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The central pollution control board constituted under section 3 of the water act 1981 shall exercise
the performance of its powers and functions for prevention and control of air pollution under this
act.
Section 3 of the water act provides for the constitution of central board.
The central government within 6 months from the commencement of the act, by the notification in
the official gazette, appoint, constitute a central pollution control board to exercise the powers
and functions assigned to the board under the air act 1981.
According to section 3 the central board shall consists of
1. A full time chairman who is an expert in environmental matters, and is nominated by the
central government
2. Such number of officials not exceeding 5 in number to be nominated by the central
government to represent the central government
3. Not more than five members nominated by central government from amongst the members
of the state board, of whom not more than 2 shall be the members representing local
authorities
4. Not exceeding three members nominated by the central government to represent the
interest of agriculture, fishery or industry or trade or any other interest
5. Two person to be nominated by central government to represent companies or corporation
owned, controlled or managed by the central government
6. A full time member secretary to be appointed by the state government having knowledge
and experience in management of pollution control
Section 4 state board for the prevention and control of air pollution
The state pollution control board constituted under section 4 of the water act 1974 shall deemed to
be state board for prevention and control of air pollution and exercise the performance of its powers
and functions under this act.
Section 5 constitution of state boards
The state government may by notification in the official gazette appoint, constitute a state pollution
control board to exercise the powers and functions assigned to the board under the air act 1981.
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The state board shall consists of the following members namely
1. A chairman, nominated by the state government having special knowledge and practical
experience in the environmental matters. He may be either a whole time or a part time member
of the state board
2. Not more than five members of the board are to be nominated by the state government
3. Not more than five members of the boards are to nominated by state government among the
local authorities functioning within the state
4. Not more than 3 members to be nominated by state government as non-official members to
represent interest which in the opinion of state government is ought to be represented
5. Two members nominated by state government to represent companies and corporations
owned, managed and controlled by the state government
6. A full time member secretary to be appointed by the state government having knowledge and
experience in management of pollution control
7. No state board shall be constituted for any union territory
Term of office
 except the secretary the members hold the office for a term of three years from the date of
nomination
 The member are eligible for re nomination
Meetings = the state board shall meet at least once in 3 months
Appoint of committee = the state board is empowered to constitute or appoint as many committees
as it may think fit
Power and functions of board, chapter 3
Functions
The function and powers of the central board shall be [section 16]
1. To plan comprehensive programme for the prevention, control and abetment of air
pollution
2. To advise the central government on any matter concerning the prevention, control or
abetment of air pollution
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3. To collect and disseminate Information relating air pollution

4. To organize training for the person who is engaged or to be engaged in programme for the
prevention, control and abetment of air pollution
5. To lay down standards for the quality of air
6. To Coordinate the activities of the state board and resolve disputes among them
7. To provide technical assistance and guidance to the state boards
8. To perfume such functions of the state board as may be specified under section 18(2)
9. Collect and publish technical and statistical data relating to air pollution and to provide for
measure for its effective prevention
10. To perfume such other functions as may be prescribed.
For the purpose of performing above mentioned functions the central board shall recognize
a laboratory or laboratories as it may deem fit.
The functions and powers of the state board shall be [section 17]
pollution
2. To advise the state government on any matter concerning the prevention, control or
4. To collaborate with central board in organizing training for the person who is engaged
or to be engaged in programme for the prevention, control and abetment of air
pollution
5. To inspect any equipment, industrial plant or manufacturing process
6. To give orders to any person if considered necessary to take steps for the prevention,
control and abetment of air pollution
7. To inspect air pollution control areas at intervals, access the quality of air and take steps
for the prevention, control and abetment of air pollution
8. To lay down standards for the quality of air in consultation with the central board
9. To advise the state government in respect to the suitability of a location for carrying on
any industrial activity which is to cause air pollution
10. To perform such other functions as may be prescribed.
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Prevention and control of air pollution, chapter 4
Power to declare air pollution control area
The Air (Prevention and Control of Pollution) Act, 1981 seeks to defend air pollution by
prohibiting the use of polluting fuels and substances, as well as by regulating appliances
that gives rise to air pollution. Under the Act, establishing or operating of any industrial
plant in the pollution control area requires consent from state boards
Section 19 provides that the state government after the consultation with the state board,
with a notification in the official gazette
- declare in such a manner as may be prescribed, any area or areas within the state as air
pollution control areas.
The state government may also after the consultation with the state board with a
notification in the official gazette
- alter any air pollution control area whether by way of extension or reduction
- declare a new air pollution control area in which one or more existing air pollution control
area is merged
If the state government after the consultation with the state board is of the opinion that the
use of any fuel, other the fuel which is approved in air pollution control area or part of such
area may cause or is likely to cause air pollution,
It may prohibit by the notification in the official gazette use of such fuel in any area or part
of the area.
Under the provision it has been ordered that

 in all metropolitan cities lead petrol shall be distributed
 the old vehicles in such cities have to be fitted with new device to meet new
situations
 only new vehicles which are fitted with such new devices would be registered
The use of power to declare air pollution control area is seen as an effective measure to
control air pollution. In cities especially in big and industrial cities motor vehicle are the
source of the most of the air pollution. The fuel used in motor vehicle is in the form of
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petrol which contains lead. Lead after burning in the engine exhausts lead oxides which are
highly toxic and harmful
The Maruti technologies in order to defend air pollution has introduced super petrol which
contains 900 gms lead in one kilo liter of petrol.
Experts are of the opinion that if lead could be eliminated from petrol, the solid matter in
the exhaust shall be reduced by 80% and unburned hydrocarbons by 30%
Section 19 also lay down that the state government after consulting with the state board
direct that with effect from the date as may be notified, no appliances other than the
approved appliance shall be used in the premises situated in an air pollution control area.
It may notify different dates for different parts of the air pollution control area or for the use
of different appliances
If the state government after consultation with the state board is of the opinion that the
burning of any material other than fuel in any air pollution control area or in any part of any
pollution control area is likely to cause air pollution, it may by the notification in the official
gazette prohibit the burning of such material in such area.
Composition of joint pollution control board
Constitution= section 13 of the water act 1974, provides for the constitution of the joint boards.
According to section 13 tow or more governments of contiguous state can
constitute a joint board for the states concerned with the help of an agreement
Similary a joint board can be constituted by a state in respect of one or more union territory along
with one or more government of contiguous state to such union territory.
In such case the participating union territory or territories along with contiguous state or states
have to enter into an agreement
The said agreement shall be published in the official gazette of the participating union territory or
territories, contiguous state or states.
Composition = section 14 provides for the composition of the joint boards.

A joint board is constituted according to the agreement made between union
territory or territories, contiguous state or states.
It shall consists of the following members
1. A full time chairman to be nominated by the central government, who is a person having
special knowledge or practical experience in respect of matters relating to environmental
protection or a person having knowledge and experience in administrating institutions
dealing with the matters aforesaid.
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2. Two officials from each of the participating states to be nominated by the concerned
participating state government to represent that state government
3. One person to be nominated by each participating state government from amongst the
members of the local authorities functioning within the state concerned
4. One non official person to be nominated by each of the participating state governments to
the interest of agriculture, fishery, industry or trade in the concerned state or any other
interest which in the opinion of the participating state is to be represented
6. A full time member secretary to be appointed by the central government having knowledge
7. The same procedure is to be followed in the case of the member participating from a union
territory
8. The central government nominates its official on behalf of the participating union territory
Functions and powers of joint board
The functions and powers of the joint board are similar to those of state board
pollution
4. To collaborate with central board in organizing training for the person who is engaged
or to be engaged in programme for the prevention, control and abetment of air
pollution
7. To inspect air pollution control areas at intervals, access the quality of air and take steps
for the prevention, control and abetment of air pollution
9. To advise the state government in respect to the suitability of a location for carrying on
any industrial activity which is to cause air pollution
Various provisions to collect effluent samples and the procedure to be followed in connection of it.
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Section 26 provides for the provisions to take samples of air or emission
Sub section 1 - A state board or any officer empowered by it in this behalf shall have power to
take samples of air or emission for the purpose of analysis from any chimney flue or dock or any
other outlet in such manner as may be prescribed
The results of any analysis of a sample or emission taken under sub section 1 of the act shall not be
admissible as an evidence in any legal proceedings unless the provisions of sub section 3 and sub
section 4 are complied with
According to sub section 4 when the sample of air or emission is taken of analysis under sub
section1, the person taking the sample shall –
Serve the occupier or the agent of the occupier a notice then and there, in such form as maybe
prescribed
The notice shall state the intention of such person to have the sample of air or emission to be
analyzed
The person taking the sample shall collect the sample of air or emission for analysis, in the
presence of the occupier or the agent of the occupier
The sample collected is to be placed in a container or containers which shall be marked and sealed,
and shall also be signed both, by the person taking the sample and the occupier or the agent of
the occupier
The container or containers are to be send without a delay to the laboratory established and
recognized by the state board under section17 or to the laboratory established under section 28(1)
if a request is made by the occupier or the agent of the occupier when the notice is served
According to sub section 3
In a case where the occupier or the agent of the occupier willfully absents himself, the person
taking the sample shall collect the sample of air or emission for the purpose of analysis and shall
comply with provisions specified under sub section 4
In a case where the occupier or the agent of the occupier is present at the time of taking thee
samples but refuses to sign the marked and sealed containers, the person taking the sample shall
sign it and send to the laboratory in accordance to the provisions specified under sub section4
The person taking the sample shall inform the government analyst in writing, the willful absents of
the occupier or the agent of the occupier or the refusal to sign the marked and sealed containers
by the occupier or the agent of the occupier as the case may be
Reports of the result of analysis of samples taken under section 26

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On receipt of the report, one copy of the report shall be sent by the state board to the occupier or
the agent of the occupier, another copy shall be preserved for the production before the court in
case any legal proceedings are taken against him and other copy shall be kept by the state board.
Any cost incurred in getting any sample analyzed at the request of occupier or the agent of the
occupier, or when he willfully absents himself or refuses to sign the marked and sealed containers,
shall be payable by such occupier or the agent of the occupier and in case of default same shall be
recoverable from him as arrears of land revenue or of public demand.
State air laboratory S28.
The state government may by notification in the official gazette –

 Establish one or more state air laboratories
 Or specify one or more laboratories or institutes as state air laboratories to carry the
functions of the state laboratory
The state government may after consultation with the state board make rules prescribing –
 The functions of state air laboratory
 The procedure of the submission to the said laboratory samples of air or emission for
analysis or tests and the fees payable in respect of such report
 Such other matters as maybe necessary
Analysts S29
The state government may by notification in the official gazette appoint such persons as it thinks
fit, having such qualifications as may be prescribed to be government analysts.
Reports of analysts S30
Any document purporting to be a report signed by the government analyst or as the case may be,
a state board analyst, may be used as evidence of the facts stated therein any proceeding under
this act.
Power of board to make application to court S22.
Where it is apprehended by a board that, emission of any air pollution in excess of the standards
laid down by the state board under section17 is likely to occur by reason of any person operating
an industrial plant or otherwise in any pollution control area,
The board may make an application to a court not inferior to that of Metropolitan Magistrate or
judicial magistrate of first class for restraining such person from emitting such air pollution
On receipt of the application the court may make an order as it may think fit
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Where the court makes an order restraining any person from discharging or causing or permitting
to be discharged the emission of any air pollutant it may in that order
Direct such person to desist from taking such action as is likely to cause emission
Authorize the board to implement direction if the person to whom direction has been issued
doesn’t comply with the same
All expenses incurred by the board in implementing the directions of the court shall be recoverable
from the concerned person as arrears of land revenue or of public demand.
Restrictions on use of certain industrial plant
1. Subject to other provisions of the section, no person shall without the consent of the state
board, establish or operate any industrial plant in an air pollution control area:
2. Provide that a person operating any industrial plant in any air pollution control area, no
consent was necessary prior to the commencement of section9 of air act in that area and
may continue to do so for a period of 3 months from the date of commencement, or If he
has made an allocation within those three months, then till the disposal of such application
3. The state board may make such inquiry as it may deem fit in respect of the application for
consent referred to, and shall follow the procedure as may be prescribed
4. Within a period of 4 months after the receipt of the application for consent referred to, the
state board, by order in writing, grant or refuse the consent
5. Every person to whom consent has been granted by the state board shall comply with the
following conditions –
i. The control equipment of such specification as the state board may approve, shall be
installed and operated in the premises where the industry is carried on or is proposed to be
carried on
ii. The existing control equipment shall be altered or replaced in accordance with the
directions from state board
iii. Chimney wherever necessary of such specification as the state board may approve, shall be
erected or re-erected in such premises
iv. Such other conditions as the state board may specify in this behalf
v. The conditions referred above shall be complied within such period as the state board may
specify in this behalf
6. If due to any technical improvement or otherwise, the state board is of opinion that, all or
any of the conditions referred to requires variation, the state board shall after giving the
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person to whom consent has been granted an opportunity of being heard, vary all or any
such condition and thereupon such person shall be bound to comply with the conditions as
so varied
7. Where a person to whom 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 bond to comply with all the subjected conditions to which
it was granted, as if the consent was granted to him originally
Penalty for offences by the company under air act/ water act
In this connection company means anybody corporate and includes a firm or other association of
individuals and the term director in relation to a firm means a partner in firm
Penalty for offences by the company are specified under section 40 of the act.
Section 40 lays down as to who shall be punished if the offender is a company.
S40(1) Under this section it is provided that every person who at the time when the offence is
committed, was directly in charge of and was responsible to the company for the conduct of the
business of the company shall deemed to be guilty of the offence and shall liable for punishment
as specified under the act
However a person shall not be liable for such punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the commission
of such offence.
S40(2) The section also casts the punishment on the officers of the company who are found to in
connection with the commission of such offence or negligence.
It says that where any offence under this act has been committed by a company and it is proved
that the offence has been committed with the consent of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer of the company shall also
considered guilty of that offence and shall be liable to the punishment.
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WATER ACT 1974
Water (Prevention & Control of Pollution) Act, 1974 is a comprehensive legislation that regulates
agencies responsible for checking on water pollution and ambit of pollution control boards both at
the centre and states.
1. Water is an essential element of human living

2. It is very useful only when it is not polluted. Polluted or contaminated water is injurious to
health.
3. In order to prevent and control the water pollution the Indian parliament passed the water
pollution act
4. The government formulated this act in 1974 to prevent the pollution of water by industrial,
agricultural and household wastewater that can contaminate our water sources.
Wastewaters with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as
the sea are serious health hazards.
The main purpose of the act is

1. to provide for prevention, control and abatement of water pollution
2. To provide for the maintenance or restoration of the wholesomeness of water.
3. To establish boards for prevention and control of water pollution
4. To confer on such boards, power to prevent and control water pollution and to punish the
polluter
Salient features
The Water Act, 1974 with certain amendments in 1978 is an extensive legislation with more than
sixty sections for the prevention and control of water pollution
The act contains 64 sections dived in 8 chapters
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Chapter 1 deals with preliminary and definitions of certain terms

Chapter 2 deals with establishment of central and state boards
Chapter 3 deals with joint boards
Chapter 4 deals with powers and functions of boards
Chapter 5 deals with prevention and control of water pollution
Chapter 6 deals with funds account and audit
Chapter 7 deals with penalties and procedure
Chapter 8 deals with miscellaneous provisions
Constitution of central pollution control board
Section 3 of the water act provides for the constitution of the central board.
The central government with 6 months from the date of the commencement of the act, by
notification in the official gazette may appoint and constitute board called as central pollution
control board
The central pollution control board constituted under section 3 of the water act 1974 shall exercise
the performance of its powers and functions for prevention and control of air pollution under this
act.
According to section 3 the central board shall consists of
1. A full time chairman who is an expert in environmental matters, and is nominated by the
central government
2. Such number of officials not exceeding 5 in number to be nominated by the central
government to represent the central government
3. Not more than five members nominated by central government from amongst the members
of the state board, of whom not more than 2 shall be the members representing local
authorities
4. Not exceeding three members nominated by the central government to represent the
interest of agriculture, fishery or industry or trade or any other interest
Section 4 constitution of state boards

29
The state government may by notification in the official gazette appoint, constitute a state pollution
control board to exercise the powers and functions assigned to the board under the air act 1981.
The state board shall consists of the following members namely
1. A chairman, nominated by the state government having special knowledge and practical
experience in the environmental matters. He may be either a whole time or a part time
member of the state board
2. Not more than five members of the board are to be nominated by the state government
3. Not more than five members of the boards are to nominated by state government among
the local authorities functioning within the state
4. Not more than 3 members to be nominated by state government as non-official members
to represent interest which in the opinion of state government is ought to be represented
5. Two members nominated by state government to represent companies and corporations
owned, managed and controlled by the state government
7. No state board shall be constituted for any union territory
Term of office
 except the secretary the members hold the office for a term of three years from the date of
nomination
 The member are eligible for re nomination
Meetings = the state board shall meet at least once in 3 months
Appoint of committee = the state board is empowered to constitute or appoint as many committees
as it may think fit
Power and functions of board, chapter 3
Functions
1. The function and powers of the central board shall be [section 16]
pollution
30
3. To advise the central government on any matter concerning the prevention, control or
5. To organize training for the person who is engaged or to be engaged in programme for the
prevention, control and abetment of air pollution
6. To lay down standards for the quality of air
7. To Coordinate the activities of the state board and resolve disputes among them
8. To provide technical assistance and guidance to the state boards
9. To perfume such functions of the state board as may be specified under section 18(2)
10. Collect and publish technical and statistical data relating to air pollution and to provide for
measure for its effective prevention
11. To perfume such other functions as may be prescribed.
For the purpose of performing above mentioned functions the central board shall recognize
a laboratory or laboratories as it may deem fit.
The functions and powers of the state board shall be [section 17]
pollution
4. To collaborate with central board in organizing training for the person who is
engaged or to be engaged in programme for the prevention, control and abetment
of air pollution
7. To inspect air pollution control areas at intervals, access the quality of air and take
steps for the prevention, control and abetment of air pollution
9. To advise the state government in respect to the suitability of a location for carrying
on any industrial activity which is to cause air pollution
Joint board same as air act
Procedure of sampling
Section 21, 22, 23 deals with the procedure of sampling.

31
 Section 21- procedure to take samples of effluents and procedure to be followed in

connection with it.
 Section 22- reposts of analysis of the sample taken
 Section 23- power of entry and inspection
Section 21
1. State board has the power to take samples of water for analysis
- A state board or any officer empowered by it in this behalf, shall have power to take
for this purpose of analysis, samples of water from any stream or well or samples of
any sewage or trade effluent which is passing from any plant or vessel or any place into
any such stream or well.
2. The result of the analysis not admissible as evidence
- The result of any analysis of sample taken under S21 (1) shall not be admissible in any
legal proceeding unless the provisions of section 21(3), 21(4), 21(5) are complied with.
3. Notice is required to be given to the occupier
- Subject to the provisions under section 21(4) , 21(5) when a sample is taken under
S21(1) the person taking the sample shall,
- Serve the occupier or the agent of the occupier in control over the plant or vessel or
the occupation in place, a notice then and there in such form as may be prescribed
- The notice shall state the intention of the person taking the sample i.e. To analyze the
sample
- In the presence of the occupier or the agent of the occupier, divide the sample into two
parts
- Cause each part to be placed in container which shall be marked and sealed and shall
also be signed by both, the person taking the sample as well the occupier or the agent
of the occupier
- Send one container to the following
. In case where such sample is taken from any area situated in a union territory,
to the laboratory established or recognized by central board u/s 16
. In any other case to the laboratory established or recognized by the state board
u/s 17
- On the request of the occupier or the agent of the occupier send the second container
to the following
. In case where such sample is taken from any area situated in a union territory, to the
laboratory established or recognized under S51 (1)
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. In any other case to the laboratory established or recognized under S52 (1)
4. If the occupier willfully remains absent a the time when a sample is taken under S21(1)
- When a sample of water from any stream or well or samples of any sewage or trade
effluent which is passing from any plant or vessel or any place into any such stream or
well is taken for analysis and the person taking the sample severs notice to the occupier
or the agent of the occupier and the well the occupier or the agent of the occupier
willfully absents himself,
- The procedure specified under 21(3), shall be followed without the signature of the the
occupier or the agent of the occupier on the container
- The person taking the sample shall inform the government analyst as the case maybe
in writing about the willful absence of the occupier or the agent of the occupier.
- The cost incurred in getting such sample analyzed, shall be payble by the occupier or
the agent of the occupier, and in case of default of such payment, the same shall be
recoverable from the occupier or the agent of the occupier, as arrears of land revenue
or of public demand
- No such recovery shall be made from the occupier or the agent of the occupier without
giving and reasonable opportunity of being heard
S22 Reports of analysis on samples taken u/s 21

- When a sample of water from any stream or well or samples of any sewage or trade
effluent which is passing from any plant or vessel or any place into any such stream or
well is sent for analysis to the laboratory established by the central board or the state
board the concerned board has to analyze and submit a report of the result in triplicate
to concerned board
S 23 POWER OF ENTRY AND INSPECTION
Subject to the provisions of this section, any person empowered by a state board in this
behalf, shall have a right at any time to enter, with such assistance as he consider necessary
in any place –
1. For the purpose of performing any function of the board
2. For the purpose of determining whether any provisions of this act or the rules made under
any notice, order, direction made, authorized, granted etc. under this act is being or has
been complied with
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3. For the purpose of examining any plant, record, register, document, or any other material
object.
4. For the purpose of conducting search of any place in which he has reason to believe that,
an offence under this act or the rules made is being or is about to be committed
5. For seizing any such plant, record, register, document or other material object, if he has a
reason to believe that it may serve as an evidence for an offence punishable under this act
or the rules made.
6. Provided that right to enter under this sub section shall be exercised only at reasonable
hours
7. The provisions of the code of criminal procedure 1973, or in relation to the state of J&K,
the provisions of any corresponding law in force in that state shall apply to any search or
seizure under this section.
8. Any search or seizure under this section can be made only in accordance with provisions
of the code of criminal procedure
Penal provisions under the water act (imp)
Section 41 to 50 of chapter 7 of water prevention and control of pollution act 1974 lays down the
provisions relating to penalties and procedure for violation of the provisions under the act
1. Failure to comply with directions

 Whoever fails to comply with any directions given under section 20(2) or (3) he shall be
punishable
- With imprisonment for a term up to 3 months
- Or fine up to rs 10,000
- Or both
- In the case where the failure continues an additional fine, which may extend to rs
5,000 for every day during which failure continues after conviction of first failure
 Whoever fails to comply with order issued u/s 32(1)(c) , 33(2), 33(a) shall be punishable
- With imprisonment for a term which shall not be less than one year and six months
and may extend to 6 years with fine
- In the case where the failure continues an additional fine, which may extend to rs
5,000 for every day during which failure continues after conviction of first failure
 If the failure continues beyond the period of one year after conviction of first failure the
offender shall be punishable
- With imprisonment for a term not less than 2 years may extend to 7 years with fine
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2. Penalty for certain other acts

Whosoever
- Destroys, removes, injures any pillar, or post or any notice or any other matter placed
under the authority of the board, or
- Obstructs any persona acting under the orders of the boards from exercising his
powers and functions, or
- Damages any property belonging to board, or
- Fails to furnish any officer or any employee of the board any information required by
him, or
- Knowingly and willfully makes a stamen which is false or
Shall be punishable with imprisonment for a term which may extend to three months or
with a fine which may extend to 10,000 rupees.
3. Penalty for contravention of section 24

Whosoever contravenes the provisions of section 24 shall be punishable with imprisonment
for a term which shall not be less than one year and six months and may extend to 6 years
with fine
4. Penalty for contravention of section 25 and 26

Whosoever contravenes the provisions of section 24 shall be punishable with imprisonment
for a term which shall not be less than one year and six months and may extend to 6 years
with fine
If the section are a re contravene again after the first time, shall be punishable with
imprisonment which may extend to 7 years and with fine.
5. Penalty for contravention of certain provisions
Whoever fails to comply with any order or directions given under this act, for which no
penalty is elsewhere provided in this act shall be punishable with imprisonment which may
extend to 3 months or with fine which may extend to 5 thousand rupees or both
In the case where the failure continues an additional fine, which may extend to rs 5,000 for
every day during which failure continues after conviction of first failure
6. Penalty for offences by the company under air act/ water act
35
In this connection company means anybody corporate and includes a firm or other association of
committed, was directly in charge of and was responsible to the company for the conduct of the
business of the company shall deemed to be guilty of the offence and shall liable for punishment
as specified under the act
However a person shall not be liable for such punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the commission
of such offence.
It says that where any offence under this act has been committed by a company and it is proved
that the offence has been committed with the consent of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer of the company shall also
considered guilty of that offence and shall be liable to the punishment.
7. Penalty for offences by government department

Where an offence is committed by any government department, the head of the
department shall be deemed to be guilty of the offence and shall not be liable to any
punishment if he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence
Wild life protection act
1. The wildlife occupies an important place in our cultural and religious tradition.
2. Wild life is a part and parcel of the environment and includes wild animals, birds, plants etc.
3. Man in the process of progress and development and also for his selfish needs has been causing
damage to wildlife and forests.
4. The damage to the wildlife has an adverse effect on ecology and hence there is an urgent need to
protect the wild life from destruction.
5. Therefore in order to protect the wild life from destruction, the Indian parliament passed the wildlife
protection act in the year 1972
6. The main purpose of the act is to check deforestation
7. Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states except Jammu and
Kashmir.
36
Main Object of the act -

1. To provide protection to the wild animals birds and plants
2. It provides for the appointment of wildlife advisory Board, Wildlife warden, their powers, duties etc.
3. Provide provisions for setting up of National Parks, Wildlife Sanctuaries etc.
4. Provides for the constitution of Central Zoo Authority.
5. Provides provision for trade and commerce in some wildlife species with license for sale, possession,
transfer etc.
6. Protection to some endangered plants.
Contains of the act
The act contains 66 sections divided into 7 chapters and 6 schedules
 Chapter 1 – contains short title and definitions

 Chapter 2- deals with authorities under the act
 Chapter 3-deals with protection of specified plant s
 Chapter 4-provides declaration of sanctuaries, national park and closed areas
 Chapter 5- trade and commerce in wild animals
 Chapter 6-prevention and detection of offences
 Chapter 7- miscellaneous provisions
Salient features of the wildlife protection act.
Authorities under the Wildlife (Protection) Act, 1972
THE DIRECTOR
 -Under the Central Government, The highest officer for wildlife preservation is the Director, Wildlife
Preservation.
 He is assisted by the Assistant Directors and such other officers and employees as may be necessary.
 The Director shall follow the directions given by the Central Government from time to time in the
performance of his duties and exercise of his powers.
Chief Wildlife Warden and other officers
 The State Government may appoint a Chief Wildlife Warden, who is assisted by Wildlife Wardens,
Honorary Wildlife Wardens and such other officers and employees as may be necessary
 The Chief Wild Life Warden shall follow the directions of the State Government from time to time in
the performance of his duties and exercise of his powers. The Wild Life Warden and other officers
and employees shall be subordinate to Chief Wild Life Warden
National Board
 The National Board may constitute a Standing Committee for the purpose of exercising such powers
and performing such duties as may be delegated to the Committee
 The National Board which shall consist of Vice Chairperson, the Member-Secretary, and not more
than 10 members to be nominated by the Vice Chairperson.
State Board
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 The State Board is constituted under this section in the similar way as National Board for Wild Life is
constituted but it is to be constituted within six months from the date of commencement of the
Wildlife (Protection) Amendment Act, 2002
Protection of specified plants
Specified plants are those which are specified in schedule VI of the Wildlife Protection Act.
Only six species of plant have been included in this schedule.
Act prohibits willful picking, uprooting, damaging, destroying, acquiring or collection of any specified plant
from any forest land or any area specified by notification by the Central Government.
The possession, sale, gift or transport of any specified plant whether alive or dead or even its parts or
derivative is also prohibited under the said chapter
Declaration of national park
1. National Park means an area declared, whether under section 35 or section 38, or deemed, under
sub-section (3) of section 66, to be declared as a national Park.
2. A National Park can be established under three provisions of the Wildlife Protection Act, i.e. section
35, section 38(2) and section 66(3)
3. For an area to be declared a National Park under section 35, an intention is declared by notification
for an area, which is of ecological, faunal, floral and geomorphologic importance
A National Park is notified,
i. when the period of preferring claims has elapsed

ii. when all claims in relation to any land in the area intended to be a National Park are disposed off by
the State Government
iii. when all rights in respect of land which is proposed to be included in the National Park are vested in
the Government
After all the above conditions have been fulfilled the State Government shall issue a notification
specifying the limits of the area that is being declared as National Park.
1. No alteration of the boundaries of the National Park by the State Government shall be made except
on recommendation of the National Board
2. no person shall destroy, exploit or remove any wildlife including forest produce except in
accordance with a permit granted by the Chief Wildlife Warden for the improvement and better
management of wildlife
3. The forest produce may only be used for personal use
4. No livestock shall be permitted to enter a National Park.^
Under section 38(2) the Central Government can declare a certain area as a National Park. However,
there are two conditions that need to be fulfilled
i. The state Government either leases or transfers any area under its control to the Central
Government, whether it is a sanctuary or not
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ii. The Central Government is satisfied that the particular area satisfies the condition under
section 35, i.e. it is of ecological, geomorphological, faunal and floral significance.
Under section 66(3) the provisions are with regard to the National Parks that existed prior to the
commencement of the present act. National parks that existed prior to this Act, e.g. Hailey National Park,
notified under a special law enacted for this purpose, would be deemed to be National park under this Act.
Provisions for hunting of animal
Hunting
o The definition of hunting under the Wildlife Protection Act is quite comprehensive.
o It not only covers capturing, killing, poisoning, snaring and trapping of a wild animals but also
includes every attempt to do so.
o Hunting also includes 'driving' any wild animal for the above said purposes
o Injuring or destroying or taking any part of the body of any such wild animal or in the case of a wild
bird or reptile, damaging the egg of such birds or reptiles or even disturbing the eggs or nests of
such birds or reptiles would also amount to hunting.
The laws on hunting of wild animals have been incorporated under section 9 of the Wildlife (Protection)
Act, 1972. The animals specified in schedule I-IV of the Act cannot be hunted by any person'
Vermin
i. Section 9 which prohibit hunting, excludes the wild animals listed in Schedule V relating to vermin
ii. Only four species of wild animals’ i.e. common crow, fruit bats, mice and rats are permitted to be
hunted
Cases where Hunting of Wild Animals is permitted
Hunting of wild animals is to be permitted in certain cases provided under section 11.
Section 11 distinguishes between Schedule 1 and the rest of the animals listed in schedule H to IV in the
following manner.
In case of schedule I animal, if the Chief Wildlife Warden of any state is satisfied that such animal has
become dangerous to human life or is so disabled or diseased beyond recovery then he may, by order in
writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be
hunted.
In case of a wild animal specified in Schedule II to IV, the Chief Wildlife Warden or an Authorised Officer
may permit such hunting as stated above not only when such wild animal has become dangerous to human
life but also when it becomes dangerous to property and such property may include standing crops on any
land
i. The above distinction clearly shows that even when a Schedule I animal becomes dangerous to
property then it cannot be hunted.
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ii. Secondly, in case of Schedule I animal, only the Chief Wildlife Warden has empowered to grant the
permission to any person to hunt such animal.
iii. Provided that no wild animal shall be killed if it can be captured tranquilized or translocated
according to Chief Wildlife Warden's satisfaction.
iv. Such animal shall not be kept in captivity if it can be rehabilitated in wild.'*^ Any person may be
permitted to hunt such animal in a specified area.
Another exception where hunting of wild animal may be permitted is in case of killing or wounding of
any wild animal in good faith in defence of one-self or of any other person^o and such animal shall be
Government property
1. The permit for hunting shall also be granted by the Chief Wildlife Warden in special purposes on
payment of prescribed fee.
2. The purpose may be education, scientific research, and scientific management, collection of
specimens, derivation, collection or preparation of snakevenom for the manufacture of life saving
drugs.
3. These permits shall not be granted without the prior permission of Central Government (Schedule I)
and State Government (Schedule II-IV)
Recent case
The tigress, officially known as T1 and believed to be responsible for the deaths of 13 people in the past two
years, was shot dead by sharp-shooter Asgar Ali in the Borati forest in Maharashtra
1. 1."Hunter Asghar Ali was hired by the forest department

2. The department issued a shoot-to-kill order for her this year.
3. 2 The shoot-to-kill order will reportedly be used as a last resort. It was challenged in courts all the
way to the Supreme Court.
4. In September, the top court refused to restrain the forest department from killing T1 if it needed to.
Environmental protection act 1986
1. The act may be called the environmental protection act 1986

2. The act extends to whole of India
Object
1. To provide a law which merely not only covers water and air or land but all aspects of the
environment
2. To provide a law for protection and improvement of environment
3. To comply with the decisions and principles of STOCKHOLM CONFERENCE on human environment
4. To create an authority or authorities for the protection and improvement of environment and for
coordination of the activities of the various regulatory authorities under the existing laws
40
5. To make a general law on environment that has a spread over the uncovered areas relating to
environmental hazards
6. To make provisions regarding the punishment to the one who violate or endanger human
environment, health and safety.
Reasons for implication of the act
1. The decline in environmental quality has been the most important reason for framing the said law.
The decline in quality of environment is due to cutting down of trees, increase in pollution, excessive
use of harmful chemicals and many other contributing reasons
2. Due to the necessity derived to bring in force the principles laid down at STOCKHOLM CONFERENCE
3. There were many enactments covering specific areas of environmental hazards yet there were many
areas of environmental hazards out of the cover of any law as a result a general legislation was
required to cover all the aspects
4. The municipality of various regulatory authorities insisted on establishing an authority which can
play the leading role of planning, implementation, analyzing, and studying in relation to the long
term requirements of environment
Salient features
General Powers of central government S3-S6
S3 powers of central government to take measure to protect and improve environment
1. Subject to other provisions under this act, the central government shall have the power to take all such
measures as it deems necessary for the purpose of protecting and improving the quality of the
environment, along with preventing and controlling the environmental pollution
2. According to the act the measures taken by the central government may include all or any of the following
1. Coordination of the actions by the state government offices and any other authorities related to the
object of this act
2. Planning and execution of a nationwide programme for the prevention, control and abetment of
environmental pollution
3. Laying down the standards for the quality of environment in various aspects
4. Laying down the standards in regards to discharge and emission of environmental pollution from
various sources
5. Restriction of areas in which industrial operations or processes shall not be carried out
6. Laying down safeguards to be exercised by certain industries in certain areas
7. Laying down procedures and safeguards to prevent accidents resulting in environmental pollution
and remedial measures for such accidents
8. Laying down procedure and safeguards for handling of hazardous substances
9. Examining the manufacturing process, materials and substances likely to cause environmental
pollution
41
10. Carrying out and providing funds for investigation and research relating to problems of
11. Inspection of any premises, plant, equipment, machinery etc.
12. Establishment or recognition of environmental laboratories and institute and to supervise the work
entrusted to them
13. Any other matter as the central government deems necessary for the purpose of securing the
effective implementation of the provisions of this act
In exercise of such provisions of the act the Supreme Court in M.C. MEHTA v/s U.O.I , AIR 1992 directed
all cinema halls to show slides on environmental pollution free of cost and radio and tv for transmission
of such information in regional and national language
S10. Power of entry and inspection
Subject to the provisions of the act, any person empowered by the central government in this behalf
shall have a right to enter at all reasonable times with such assistance as he considers necessary, at any
place-
1. For the purpose of performing the functions of central government entrusted in him
2. For the purpose of determining whether any provisions of this act or the rules made thereunder
or any notice, order, direction made or granted under this act is being or had been complied with
3. For the purpose of examining and testing any equipment, industrial plant, record, register,
document, or any other material object.
4. for conducting search of any building in which he has reason to believe that an offence under
this act or rules made has been or is being or is about to be committed
5. For seizing any such equipment industrial plant, record, register, document, or any other material
object, if he has reason to believe that it may furnish evidence for the commission of an offence
punishable under this act or the rules made.
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, and if he fails to
do so without any reasonable cause or excuse he shall be guilty of an offence under this act
If any person willfully delays or obstructs any person empowered by the central government, in
performance of his function, he shall be guilty of an offence under this act.
The provisions of the code of criminal procedure 1973 in relation to state of J&K or any area in which the
code is not in force, the provisions of any corresponding law in force in that state or area shall so far as
may be apply to any such seizure under this section.
S 11 Power to take samples and procedure to be followed in connection there with
1. The central government or any officer empowered by it in this behalf, shall have the power to take,
for the purpose of analysis, sample of air, water, soil, or other substances from any factory, premises
or other place in such manner as may be prescribed
2. The result of any analysis of the sample taken, shall not be admissible as evidence in any legal
proceeding unless the provisions of sub section 3 and 4 are complied with
42
- Subject to the provisions under sub section 4 when a sample is taken under sub section
(1) the person taking the sample shall,
- Serve the occupier or the agent of the occupier in control over the plant or vessel or
the occupation in place, a notice then and there in such form as may be prescribed
- The notice shall state the intention of the person taking the sample i.e. To analyze the
sample
- In the presence of the occupier or the agent of the occupier, collect a sample for
analysis
- The sample to be placed in a container or containers which shall be marked and sealed
and shall also be signed by the person taking the sample as well the occupier or the
agent of the occupier
- Send sample to the following to the laboratory established or recognized by the
central government u/s 12
4. When a sample is taken for analysis and the person taking the sample severs notice to the
occupier or the agent of the occupier and the well the occupier or the agent of the occupier
willfully absents himself,
a. The procedure specified under sub section (3), shall be followed without the signature of the
occupier or the agent of the occupier on the container
Where the occupier or the agent of the occupier refuses to sign the marked and sealed
container, the person taking the sample shall sign the container and shall be sent without delay
to the laboratory established or recognized u/s 12 for analysis
b. The person taking the sample shall inform the government analyst as the case maybe in writing
about the willful absence or refusal to sign container, of the occupier or the agent of the
occupier
Environmental laboratories
The central government my by notification in the official gazette

1. Establish one more environmental laboratories
2. Recognize one or more laboratories or institutions as environmental laboratories to carry out
function entrusted to laboratory under this act
The central government may by notification in the official gazette make rules specifying
43
 The functions of environmental laboratory

 The procedure of the submission to the said laboratory samples of air, water, soil or other
substance for analysis or tests and the fees payable in respect of such report
 In this connection company means anybody corporate and includes a firm or other
association of individuals and the term director in relation to a firm means a partner in firm
S16(1) Under this section it is provided that every person who at the time when the offence
is committed, was directly in charge of and was responsible to the company for the conduct
of the business of the company shall deemed to be guilty of the offence and shall liable for
punishment as specified under the act
 However a person shall not be liable for such punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
S16(2) The section also casts the punishment on the officers of the company who are found
to in connection with the commission of such offence or negligence.
 It says that where any offence under this act has been committed by a company and it is
proved that the offence has been committed with the consent of any director, manager,
secretary or other officer of the company, such director, manager, secretary or other officer
of the company shall also considered guilty of that offence and shall be liable to the
punishment.
PROTECTION OF ENVIRNOMENT UNDER IPC AND CRIMINAL PROCEDURE CODE
Introduction
1. Environmental crime refers to the violation of laws intended to protect the environment and
human health.
2. These laws govern air and water quality and dictate the ways in which the disposal of waste
and hazardous materials can legally take place.
3. Individuals or corporations can be found guilty of environmental crimes.
44
SECTIONS UNDER IPC THAT CONCERN ENVIRONMENTPROTECTION
Chapter XIV of IPC containing Sections 268 to 290 deals with offences affecting the public health,
safety, convenience, decency and morals. Its object is to safeguard the public health, safety and
convenience by causing those acts punishable which make environment polluted or threaten the life
of the people.
1. Chapter XIV of IPC containing Sections 268 to 290 deals with offences affecting the public
health, safety, convenience, decency and morals. Its object is to safeguard the public health,
safety and convenience by causing those acts punishable which make environment polluted
or threaten the life of the people.
2. Section 268 & 290 of IPC defines public nuisance and provides for punishment of fine up to
Rs. 200 for public nuisance respectively
3. While Section 268 defines Public Nuisance, there are two specific sections dealing with the fouling of
water (Section 277) and making the atmosphere noxious to health (section 278) which could be used
against perpetrators of water and air pollution
The public nuisance covers all types of pollutions i.e. pollution of land, water, air, noise pollution etc.
In K.Ramakishnan v. State of Kerala the Kerala High Court held that smoking , in any form, in public place is
a public nuisance and cases can be filed under section 290 of the Penal Code as it is violative of Right to life
provided under Article 21 of the Constitution
1. As regards water pollution, Section 277 provides that “whoever voluntarily corrupt or fouls the water
of any public spring or reservoir so as to render it less fit for the purpose for which it is ordinarily used,
shall be punished with simple or rigorous imprisonment for a term extending to three months or fine
of five hundred rupees or with both
45
2. Section 269 of I.P.C. also could be invoked against a water polluter. (Churchman 1733)The section
provides, “whoever unlawfully or negligently does any act which is, and which he knows or has reason
to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine, or with
both.
3. The water polluter can also be punished under section 425 of I.P.C. for mischief.
4. If his act causes wrongful loss or damage to public or to any person or if his act causes the water
pollution could be brought under section 511 of the Act.
1. Section 440 of the Act deals with mischief caused by killing maiming animals and cattle
2. Sections 284 and 285 provide punishments for negligent conduct with respect to poisonous substance
and negligent conduct with respect to fire or combustible matter respectively
Apart from Indian Penal Code in British India numbers of legislations were passed which had a direct
bearing with one or other components of environment. Some are offshoots of industrial developments.
Some are for protection of forest and some for protection of animals and particularly of wildlife.
SHORT NOTES
OLEUM GAS LEAKAGE CASE
M.C. Mehta v. Union of India.
M.C. Mehta was the landmark case in torts and was cause to bring the principle of absolute liability
rule the court gave this principle in his comment on this case. The case lays down the principle of
absolute liability and the concept of deep pockets.
BENCH: P. N. BHAGWATI, C.J.I., RANGANATH MISRA, G. L. OZA, M. M. DUTT AND

K. N. SINGH, JJ.
FACTS: Shriram Food and Fertilizer Industry, a subsidiary of Delhi Cloth Mills Limited, was engaged
in the manufacture of dangerous chemical. On December 1985, large amounts of oleum gas leaked
form one of the units in the heart of Delhi which resulted in the death of several persons. The
original petition was filed by MC Mehta for the closure of various units of Shriram as they were
hazardous for the community The leakage, resulted from the bursting of a tank containing oleum
gas, was caused by mechanical and human errors. It created a scare among the people residing
nearby and within two days, another leakage, a minor one, broke out as a result of oleum gas
escaping from the joints of a pipe. The spillage was a result of human blunders. On 6thDecember
1985, the District Magistrate,Delhi under Section 133(1) of Cr.P.C, ordered Shriram to stop the
46
manufacturing and processing of hazardous chemicals and fertilizers at their establishment in

Delhi and to remove such chemicals and gases from Delhi. Atthis particular point, M.C. Mehta
moved to Supreme Court to file PIL and claim for compensation for the losses caused and also
demanded that the closed establishment should not restart.
The contention was that as Shrirarn was carrying on an industry which was in accordance to the
Government's own declared industrial policies, was ultimately intended to be carried out by itself,
but instead of the Government immediately embarking on that industry, Shriram was permitted to
carry it on under the active control and regulation of the Government. Whether this Hon’ble Court
has jurisdiction to hear the present matter?
The first question that came up before the Hon’ble Supreme Court as to what is the scope and
ambit of the jurisdiction of this Court under Art. 32 since the applications for compensation made
by the Delhi Legal Aid and Advice Board and the Delhi Bar Association are applications sought to
be maintained under that Article
Issue II
Whether Article 21 was available against Shriram and whether Shriram owned by Delhi Cloth Mills
Ltd Public Co, comes within the meaning of State under Article 12?
The next question that arose for consideration was whether Article 21 is available against Shriram
which is owned by Delhi Cloth Mills Limited, a public company limited by shares and which is
engaged in an industry vital to public interest and with potential to affect the life and health of the
people. The issue of availability of Art. 21 against a private corporation engaged in an activity
which has potential to affect the life and health of the people was vehemently argued by counsel
for the applicants and Shriram.
The contention was that as Shrirarn was carrying on an industry which was in accordance to the
Government's own declared industrial policies, was ultimately intended to be carried out by itself,
but instead of the Government immediately embarking on that industry, Shriram was permitted to
carry it on under the active control and regulation of the Government.
Issue III
Whether compensation would be provided to the victims of the oleum gas leake tragedy if so then
what would be the measurement of liability of such an enterprise engaged in caring hazardous
industries?
Finally the question which was seriously debated before the Hon’ble Court was the question as to
what is the measure of liability of an enterprise which is engaged in an hazardous or inherently
dangerous industry, if by reason of an accident occurring in such industry, persons die or are
47
injured. Does the rule in Rylands v. Fletcher apply or is there any other principle on which the
liability can be determined
JUDGMENT:
The Supreme Court held that Shriram is required to obtain a license under the Factories Act and is
subject to the directions and orders of the authorities under the Act. It is also required to obtain a
license for its manufacturing activities from the Municipal authorities under the Delhi Municipal
Act, 1957. It is subject to extensive environment regulation under the Water (Prevention and
Control of Pollution) Act, 1974 and as the factory is situated in an air pollution control area, it is
also subject to the regulation of the Air (Prevention and Control of Pollution) Act, 1981. It is true
that control is not exercised by the Government in relation to the internal management policies of
the Company.
Justice Bhagvati concluded the opinion of developing a new principle of liability which is not done
by English courts.
CONCLUSION:
If the enterprise is permitted to carry on an hazardous or inherently dangerous activity for its
profit, the law must presume that such permission is conditional on the enterprise absorbing the
cost of any accident arising on account of such hazardous or inherently dangerous activity as an
appropriate item of its overheads. The Court also pointed out that the measure of compensation in
the kind of cases referred to must be correlated to the magnitude and capacity of the enterprise
because such compensation must have a deterrent effect. The larger and more prosperous the
enterprise, greater must be the amount of compensation payable by it for the harm caused on
account of an accident in the carrying on of the hazardous or inherently dangerous activity by the
enterprise.
Guidelines
1. Setting up of an environmental courts on regional basis

2. Establishment of a neutral scientific expertise service to act as an information bank for the court.
3. Evolving a principle of absolute liability against the well established principle.
4. Rs. 30000 to be deposited with court
5. 1-5 km of greenbelt around factories
6. In the view of enormity of disaster no leniency or concession is called for
7. Jurisdiction was adopted that a letter addressed in the name of singe judge was considered
enough to move to the court in this case.
8. Bhagwati court deserves appropriate permission to build an Indian Environment Jurisdiction
NOISE POLLUTION
48
Introduction
1. Environmental pollution is a grave problem all over the world. Industrialisation and urbanisation
have led to an unprecedented growth of environmental hazards.
2. Noise is not a recent problem. It has a long history. Two thousand five hundred year ago, the
ancient Greek colony of syber knew of measures to check noise. They had rules to protect sleep
and provide a quiet and peaceful life to citizens
3. Noise is a type of atmospheric pollution in the form of waves. It has increased in the modern
age of industrialization and technological advancement.
4. The encyclopaedia Britannica defines noise as “any undesired sound.” According to this
definition, “a sound of church bells may be music to some and noise to others. Usually noise is a
mixture of many tones combined in a non-musical manner.
Sources of noise pollution

It can be classified into two classes:
1) Industrial sources—The industrial sources may include noise from various industries operating in cities
like boiler, machinery, foundry, cutting machines, etc. noise is a by- product of energy conservation and
every industry produces noise. Pollution due to big machines working at a high speed have high noise
intensity.
2) Non-industrial sources.—Non-industrial sources of noise can further be divided into the following:
Loudspeaker, trains, aircraft, construction work, crowded bazaars, social religious, political gatherings
including sports field, sirens, and generator sets
Rules
Under the Environment (Protection) Act, 1986, the Government of India came up with Noise Pollution
(Control and Regulation) Rules in the year 2000 that were amended a few times later. Section 5 of these
rules lay down the restrictions on the use of loud speakers, public address systems and sound producing
instruments.
49
Important rules are-
 A loud speaker cannot be used without written permission from the authority designated by the
government and cannot be used at night time (between 10pm and 6am)
 The government can permit the use of loud speakers between 10pm and 12am midnight during
any religious or festive occasion only for a limited duration of up to 15 days in each calendar year.
It also mandates that the state as a whole would be considered as a unit and the respective state
government has to specify the 15 days in advance when this exemption would apply.
Even when loud speakers are used after obtaining permission, the noise standards as specified in the
rules have to be followed.
Permissions for Loud Speakers: In most cases, loud speakers are used in public places without obtaining
the necessary permission. In a PIL filed in Bombay High Court in 2015, it was submitted by the petitioner
that most mosques in Navi Mumbai did not have permission to use the loud speaker. The court directed
that all the loud speakers in all religious places setup without permission must be removed. The police
and other authorities often turn a blind eye to blatant use of loud speakers in processions, religious
places etc
In a landmark judgement given by apex court in Mulan Mufti Syud and others V. State of West Bengal
AIR 1999, The court held imposition of restriction on the use of microphone and loudspeaker by the state
govt. between 9 pm to 7 am which inter alia include restriction of azan on microphone in early hours,
before 7 am is not violative of Article 25 of Constitution of India guarantying of freedom of religion.
Conclusion
It is the need of time to have a rigid rules and regulations regarding prevention and control of noise
pollution. But there is a need for creating general awareness towards the hazardous effects of noise
pollution. Particularly, in our country the people generally lack consciousness of the bad effects which
noise pollution create
Short notes refer mokal law book.
Environmental protection act

Introduction
In the wake of the Bhopal Tragedy, the Government of India enacted the Environment Protection Act of 1986
The Act comes into force on Nov. 19, 1986, the birth anniversary of our late Prime Minister Mrs. Indira Gandhi,
who was a pioneer of environmental protection issues in our country.
50
Scope and Applicability

The Environment (Protection) Act is applicable to whole of India including Jammu & Kashmir
Object
1. To provide a law which merely not only covers water and air or land but all aspects of the environment
2. To provide a law for protection and improvement of environment
3. To comply with the decisions and principles of STOCKHOLM CONFERENCE on human environment
4. to provide a framework for central government coordination of the activities of various central and state
authorities established under previous laws, such as the Water Act and the Air Act.
Contains - This act consists 26 Sections divided into 4 chapters
Salient features
General Powers of central government S3-S6
S3 powers of central government to take measure to protect and improve environment
3. Subject to other provisions under this act, the central government shall have the power to take all such measures
as it deems necessary for the purpose of protecting and improving the quality of the environment, along with
preventing and controlling the environmental pollution
4. According to the act the measures taken by the central government may include all or any of the following
14. Coordination of the actions by the state government offices and any other authorities related to the
object of this act
15. Planning and execution of a nationwide programme for the prevention, control and abetment of
16. Laying down the standards for the quality of environment in various aspects
17. Laying down the standards in regards to discharge and emission of environmental pollution from various
sources
18. Restriction of areas in which industrial operations or processes shall not be carried out
19. Laying down safeguards to be exercised by certain industries in certain areas
20. Laying down procedures and safeguards to prevent accidents resulting in environmental pollution and
remedial measures for such accidents
21. Laying down procedure and safeguards for handling of hazardous substances
22. Examining the manufacturing process, materials and substances likely to cause environmental pollution
23. Carrying out and providing funds for investigation and research relating to problems of environmental
pollution
24. Inspection of any premises, plant, equipment, machinery etc.
25. Establishment or recognition of environmental laboratories and institute and to supervise the work
entrusted to them
26. Any other matter as the central government deems necessary for the purpose of securing the effective
implementation of the provisions of this act
51
In exercise of such provisions of the act the Supreme Court in M.C. MEHTA v/s U.O.I , AIR 1992 directed
all cinema halls to show slides on environmental pollution free of cost and radio and tv for transmission of
such information in regional and national language
S10. Power of entry and inspection
Subject to the provisions of the act, any person empowered by the central government in this behalf shall
have a right to enter at all reasonable times with such assistance as he considers necessary, at any place-
6. For the purpose of performing the functions of central government entrusted in him
7. For the purpose of determining whether any provisions of this act or the rules made thereunder or
any notice, order, direction made or granted under this act is being or had been complied with
8. For the purpose of examining and testing any equipment, industrial plant, record, register, document,
or any other material object.
9. for conducting search of any building in which he has reason to believe that an offence under this act
or rules made has been or is being or is about to be committed
10. For seizing any such equipment industrial plant, record, register, document, or any other material
object, if he has reason to believe that it may furnish evidence for the commission of an offence
punishable under this act or the rules made.
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, and if he fails to do so
without any reasonable cause or excuse he shall be guilty of an offence under this act
If any person willfully delays or obstructs any person empowered by the central government, in
performance of his function, he shall be guilty of an offence under this act.
The provisions of the code of criminal procedure 1973 in relation to state of J&K or any area in which the
code is not in force, the provisions of any corresponding law in force in that state or area shall so far as may
be apply to any such seizure under this section.
S 11 Power to take samples and procedure to be followed in connection there with
5. The central government or any officer empowered by it in this behalf, shall have the power to take, for
the purpose of analysis, sample of air, water, soil, or other substances from any factory, premises or
other place in such manner as may be prescribed
6. The result of any analysis of the sample taken, shall not be admissible as evidence in any legal
proceeding unless the provisions of sub section 3 and 4 are complied with
- Subject to the provisions under sub section 4 when a sample is taken under sub section (1) the
person taking the sample shall,
- Serve the occupier or the agent of the occupier in control over the plant or vessel or the occupation
in place, a notice then and there in such form as may be prescribed
- The notice shall state the intention of the person taking the sample i.e. To analyze the sample
- In the presence of the occupier or the agent of the occupier, collect a sample for analysis
- The sample to be placed in a container or containers which shall be marked and sealed and shall
also be signed by the person taking the sample as well the occupier or the agent of the occupier
52
- Send sample to the following to the laboratory established or recognized by the central
government u/s 12
8. When a sample is taken for analysis and the person taking the sample severs notice to the occupier or the
agent of the occupier and the well the occupier or the agent of the occupier willfully absents himself,
a. The procedure specified under sub section (3), shall be followed without the signature of the occupier or
the agent of the occupier on the container
Where the occupier or the agent of the occupier refuses to sign the marked and sealed container, the person
taking the sample shall sign the container and shall be sent without delay to the laboratory established or
recognized u/s 12 for analysis
b. The person taking the sample shall inform the government analyst as the case maybe in writing about the
willful absence or refusal to sign container, of the occupier or the agent of the occupier
Environmental laboratories
The central government my by notification in the official gazette

1. Establish one more environmental laboratories
2. Recognize one or more laboratories or institutions as environmental laboratories to carry out function
entrusted to laboratory under this act
The central government may by notification in the official gazette make rules specifying
 The functions of environmental laboratory

 The procedure of the submission to the said laboratory samples of air, water, soil or other substance for
analysis or tests and the fees payable in respect of such report
 In this connection company means anybody corporate and includes a firm or other association of
committed, was directly in charge of and was responsible to the company for the conduct of the business
of the company shall deemed to be guilty of the offence and shall liable for punishment as specified
under the act
53
 However a person shall not be liable for such punishment if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
 It says that where any offence under this act has been committed by a company and it is proved that the
offence has been committed with the consent of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer of the company shall also considered guilty
of that offence and shall be liable to the punishment.
PROTECTION OF ENVIRNOMENT UNDER IPC AND CRIMINAL PROCEDURE CODE

Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law
in India
The Indian Penal Code (IPC) 1860 is the main criminal code of India.
The IPC defines offences and also provides for their punishment.
It extends to the whole of India expect to the State of Jammu and Kashmir which enjoys special status and has
its own code, the Ranbir Penal Code which is very similar to the IPC.
Chapter XIV of IPC containing Sections 268 to 290 deals with offences affecting the public health, safety,
convenience, decency and morals
Public Nuisance
Section 268 of the Indian Penal Code, 1860, defines the term public nuisance and section 290 of the IPC makes
public nuisance punishable
The public nuisance covers all types of pollutions i.e. pollution of land, water, air, noise pollution etc.
Thus, under these provisions if any act or omission causing injury to any person by polluting the environment,
the same can be subjected to prosecution. Noise pollution is also punishable under Section 268 of IPC
In K.Ramakishnan v. State of Kerala the Kerala High Court held that smoking , in any form, in public place is a
public nuisance and cases can be filed under section 290 of the Penal Code as it is violative of Right to life
provided under Article 21 of the Constitution
It is a judgment that is brilliant at all levels. The case came up as a Public Interest Litigation asking the Court to
give directions against smoking in public places keeping in mind the dangers of passive smoking. The Court
went on a list the dangers of smoking and the harm caused to passive smokers by the exposure to
Environmental Tobacco Smoke
Spreading infection of diseases
Section 269, IPC, deals with a “negligent act likely to spread infection of disease dangerous to life
Section 270, IPC, deals with a “malignant act likely to spread infection of disease dangerous to life”
54
In Sanjay Goel vs Dongsan Automotive India Pvt. Ltd.,

In this case contaminated effluents and dust particles from a factory were thrown into neighboring land which
resulted into harming the health of people and breeding of mosquitoes. The Madras High Court held that there
was a prima facie case, under various offences, including Section 269, IPC
The Section 269 of I.P.C contains the provisions about the punishment of the Offence related to spread
infectious diseases by any person in the society. The infectious diseases are cholera, plague and small-pox etc.
However, such person must have knowledge that his action was likely to spread infectious diseases. Where a
man was suffering from cholera and was aware of its infectious nature, travelled by train without informing the
railway authorities of his condition, it was held that he was responsible for spreading infectious of cholera.
The Section 272 of I.P.C says that a person who mixes harmful ingredient in food or drink shall be punished
under this section. Mere adulteration with harmless ingredients for the purpose of getting more profit is not
punishable under this Section e.g. mixing water with milk or ghee with vegetable oil.
Fouling water
If a person voluntarily fouls the water of any public spring or reservoir, he shall be punished under Section 277.
To constitute an offence under Section 277, there must be some physical act of spoiling water.
Making atmosphere noxious to health

Section 278 of the code provides punishment for making atmosphere noxious to health. Such noxious
atmosphere must affect the health of the general public.
Short notes
1. PUBLIC TRUST DOCTRINE
Introduction
1. The doctrine of public trust has evolved over the years to emerge as one of the core principles for the
judiciary
2. Basically, the ancient Roman Empire developed this legal theory i.e. Doctrine of the Public Trust.
3. The Public Trust Doctrine primarily rests on the principle that certain resources like air, sea, waters and
the forests have such a great importance to the people as a whole that it would be wholly unjustified to
make them a subject of private ownership.
4. The said resources being a gift of nature, they should be made freely available to everyone irrespective
of the status in life.
The doctrine of Public Trust in the Indian Legal system
The doctrine of public trust in India came about after the decision of the Supreme Court in the M.C Mehta v.
Kamal Nath case
55
M.C Mehta v. Kamal Nath
1. The case dealt with certain forest land which was given on lease to the Motel by the state government
situated at the bank of River Beas.
2. The Supreme Court applied the ‘Doctrine of Public Trust’ to the present case.
3. The Court held that there is a large river basin which is a part of a protected forest land. This land was
leased by the Government of Himachal Pradesh to the Motel Company for a commercial purpose. The
Himachal Pradesh Government was held to have committed a patent breach of Public Trust by leasing
an ecologically fragile land to the Motel management.
4. The Supreme Court held the Doctrine of Public Trust to be a part of the law of the land
5. The Motel was ordered to pay compensation by way of cost for the restitution of the environment and
ecology of the area.
6. The Court restricted the Motel from discharging untreated effluent into the river. Himachal Pradesh
Pollution Control Board was directed to inspect and keep a check.
7. This doctrine makes it a duty of the state to protect the ecological resources of the country.
M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu
1. These appeals dealt with the construction of an underground shopping complex in a park by M.I. Builders
Pvt. Ltd.
2. The Supreme Court noted that the park in question had been in existence for a great number of years. It
was situated in the heart of a bustling commercial-cum- residential locality of a city. The park was of
historical importance.
3. By allowing underground construction the public authority in charge of the park had violated obligatory
duties to maintain the park. The court emphasized that this authority was the trustee for the proper
management of the park.
4. . The Public Trust doctrine was part of Indian law
5. This public trust doctrine in India had grown from Article 21 of the Constitution.
6. Thus by allowing construction of underground shopping complex in the park the authority had violated
the public trust doctrine.
7. It therefore held, among others, that a part of the underground shopping complex had to be dismantled
and demolished and on these places park had to be restored to its original shape
2. Stockholm Conference
56
1. United Nations Conference on the Human Environment, by name of Stockholm Conference, was the
first United Nations (UN) conference that concerned the issue of environment
2. The conference, held in Stockholm, Sweden, from June 5 to 16, 1972
3. The 1972 conference was attended by delegations from 114 governments.
4. It was boycotted by Soviet-bloc countries because of the exclusion of the East Germany, which did not
hold a UN seat at the time.
5. Stockholm Declaration on the Human Environment’ 1972 has the significant impact on India
Environment Law
Stockholm Conference And Constitution Of India
After the Stockholm Conference, 1972, Government of India brought the 42nd amendment in the Constitution
and incorporated Article 48A and Article 51A (g).
Fundamental duties
Article 51-A (g), speaks that, it shall be duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wild life and to have compassion for living creatures
 L.K Kollwal V State of Rajasthan, a simple writ petition by citizens of Jaipur compelled the municipal
authorities to provide adequate sanitation. The court observes that when every citizen owes a constitutional duty
to protect the environment (Art.51A), the citizen must be also entitled to access the court’s aid in enforcing that
duty against State agencies. The Court gave the administration six month to clean up the entire city, and
dismissed the plea of lack of funds and staff.
The Directive principles .
Article 48 -A of the constitution says that “the state shall endeavor to protect and improve the environment and
to safeguard the forests and wild life of the country”.
 The Supreme Court of India in “Sachidanand Pandey v. State of West Bengal AIR 1987 SC 1109” stated that
the Court is bound to bear in mind the above said articles whenever a case related to Environmental problem is
brought to the Court.
Stockholm Conference And Indian Legislation
Stockholm Conference, 1972 also has the impact on the environment related laws. After 1972, India enacted the
 Water Act 1974,

 Air Act 1981,
 Environment Protection Act, 1986,
 various policies and notification.
Conclusion
Indian shown its sincerity regarding environment after the Stockholm Conference, 1972, and brought major
changes in its legal framework
3. Eco- labeling scheme

57
Introduction
In the modern developed technology and increasing environmental awareness by consumers, the concept of the
eco-label helps the consumers to take decisions about the products which are eco-friendly
What is Eco-label
Eco-labels are voluntary certification practiced around the world.
Producers and service providers demonstrate through eco-label that they comply with high standards of
environmental protection during the life-cycle of the product and the provided services.
History
1. The roots of ecolabelling are found in the growing global concern for environmental protection on the
part of governments, businesses and the public.
2. As businesses have come to recognize that environmental concerns may be translated into a market
advantage for certain products and services, various environmental declarations, claims and labels have
emerged, such as natural, recyclable, eco-friendly, low energy, recycled content, etc
3. . These have attracted consumers looking for ways to reduce environmental impacts through their
purchasing choices
EcoMark Scheme in India
Government of India in 1991 launched its first eco-label scheme, known as ‘Eco-mark’
Implementation of EcoMark Scheme
1. The Central Pollution Control Board has set up the guidelines for the environmentally friendly products.
2. The products can obtain environmental labelling from the Government of India if they meet the criterion
set by the acts in Indian laws- the Water (Prevention and Control of Pollution) Act, 1974, the Air
(Prevention and Control of Pollution) Act, 1981, the Water (Prevention & Control of Pollution) Cess
Act, 1977 and the Environment (Protection) Act, 1986.
3. The EcoMark is awarded to those consumer goods if they meet the relevant standards of the Bureau of
Indian Standards and specified environmental criteria.
4. The scheme identified 16 categories of consumer products for the purpose of development of eco-
criteria and labelling. The manufacturers of these categories of products can apply to the Bureau of
Indian Standards, if their products are meeting the relevant standards notified, for the award of eco-logo
OBJECTIVE OF THE SCHEME
The specific objectives of the scheme are as follow:
1. To reward the company for their initiatives to reduce the adverse effect of their product on environment
2. To assist consumers to become environmentally responsible in their daily lives by providing information
to take account of environmental factors in their purchase decisions.
3. To encourage citizens to purchase products which have less harmful environment
4. Ultimately to improve the quality of the environment and to encourage the sustainable management of
resources.
58
4. Ratlam Muncipality case.
INTRODUCTION
The verdict in the Municipal Council, Ratlam V. Vardhichand was a significant milestone in the path of
environmental protection.
We can quote this case as an example for Judicial Activism & Role of Judiciary in Environmental Protection
Ratlam is a city in the State of Madhya Pradesh in India., the resident of the municipality used to suffer from
stench and stink caused
• by open drains,
• effluents from alcohol plant flowing into streets
• and open public excretion by slum dwellers
Some of the residents of the municipality filed a complaint before the Sub-Divisional Magistrate alleging the
same
The magistrate issued directions to the municipality to draft a plan for removal of the nuisance within in a period
of 6 months
The order passed by the SDM was approved by the High Court.
The Municipality brought in an appeal before the Supreme Court of India
The municipality argued before S.C.
, 1) the residents chose to live where there are no facilities, and
2) the authorities lacked the funds necessary to construct what was required to comply.
The Supreme Court of India gave directions to the Municipality to comply with the directions and said that LACK
of funds shall not be a defence to carry out the basic duties by the local authorities.
The Supreme Court also held that Section 133 of the Criminal Procedure Code operates against statutory bodies
and can be used to remove a public nuisance in a limited time period.
Furthermore, the Supreme Court found that a municipality cannot claim financial inability when it is
responsible for preserving public health
OLEUM GAS LEAKAGE CASE

M.C. Mehta v. Union of India.
M.C. Mehta was the landmark case in torts and was cause to bring the principle of absolute liability rule the
court gave this principle in his comment on this case. The case lays down the principle of absolute liability and
the concept of deep pockets.
BENCH: P. N. BHAGWATI, C.J.I., RANGANATH MISRA, G. L. OZA, M. M. DUTT AND
K. N. SINGH, JJ.
FACTS: Shriram Food and Fertilizer Industry, a subsidiary of Delhi Cloth Mills Limited, was engaged in the
manufacture of dangerous chemical. On December 1985, large amounts of oleum gas leaked form one of the
units in the heart of Delhi which resulted in the death of several persons. The original petition was filed by MC
59
Mehta for the closure of various units of Shriram as they were hazardous for the community The leakage,
resulted from the bursting of a tank containing oleum gas, was caused by mechanical and human errors. It
created a scare among the people residing nearby and within two days, another leakage, a minor one, broke out
as a result of oleum gas escaping from the joints of a pipe. The spillage was a result of human blunders. On
6thDecember 1985, the District Magistrate,Delhi under Section 133(1) of Cr.P.C, ordered Shriram to stop the
manufacturing and processing of hazardous chemicals and fertilizers at their establishment in Delhi and to
remove such chemicals and gases from Delhi. Atthis particular point, M.C. Mehta moved to Supreme Court to
file PIL and claim for compensation for the losses caused and also demanded that the closed establishment
should not restart.
The contention was that as Shrirarn was carrying on an industry which was in accordance to the Government's
own declared industrial policies, was ultimately intended to be carried out by itself, but instead of the
Government immediately embarking on that industry, Shriram was permitted to carry it on under the active
control and regulation of the Government. Whether this Hon’ble Court has jurisdiction to hear the present
matter?
The first question that came up before the Hon’ble Supreme Court as to what is the scope and ambit of the
jurisdiction of this Court under Art. 32 since the applications for compensation made by the Delhi Legal Aid
and Advice Board and the Delhi Bar Association are applications sought to be maintained under that Article
Issue II
Whether Article 21 was available against Shriram and whether Shriram owned by Delhi Cloth Mills Ltd Public
Co, comes within the meaning of State under Article 12?
The next question that arose for consideration was whether Article 21 is available against Shriram which is
owned by Delhi Cloth Mills Limited, a public company limited by shares and which is engaged in an industry
vital to public interest and with potential to affect the life and health of the people. The issue of availability of
Art. 21 against a private corporation engaged in an activity which has potential to affect the life and health of
the people was vehemently argued by counsel for the applicants and Shriram.
The contention was that as Shrirarn was carrying on an industry which was in accordance to the Government's
own declared industrial policies, was ultimately intended to be carried out by itself, but instead of the
Government immediately embarking on that industry, Shriram was permitted to carry it on under the active
control and regulation of the Government.
Issue III
Whether compensation would be provided to the victims of the oleum gas leake tragedy if so then what would
be the measurement of liability of such an enterprise engaged in caring hazardous industries?
Finally the question which was seriously debated before the Hon’ble Court was the question as to what is the
measure of liability of an enterprise which is engaged in an hazardous or inherently dangerous industry, if by
reason of an accident occurring in such industry, persons die or are injured. Does the rule in Rylands v. Fletcher
apply or is there any other principle on which the liability can be determined
JUDGMENT:
The Supreme Court held that Shriram is required to obtain a license under the Factories Act and is subject to the
60
directions and orders of the authorities under the Act. It is also required to obtain a license for its manufacturing
activities from the Municipal authorities under the Delhi Municipal Act, 1957. It is subject to extensive
environment regulation under the Water (Prevention and Control of Pollution) Act, 1974 and as the factory is
situated in an air pollution control area, it is also subject to the regulation of the Air (Prevention and Control of
Pollution) Act, 1981. It is true that control is not exercised by the Government in relation to the internal
management policies of the Company.
Justice Bhagvati concluded the opinion of developing a new principle of liability which is not done by English
courts.
CONCLUSION:
If the enterprise is permitted to carry on an hazardous or inherently dangerous activity for its profit, the law
must presume that such permission is conditional on the enterprise absorbing the cost of any accident arising on
account of such hazardous or inherently dangerous activity as an appropriate item of its overheads. The Court
also pointed out that the measure of compensation in the kind of cases referred to must be correlated to the
magnitude and capacity of the enterprise because such compensation must have a deterrent effect. The larger
and more prosperous the enterprise, greater must be the amount of compensation payable by it for the harm
caused on account of an accident in the carrying on of the hazardous or inherently dangerous activity by the
enterprise.
Noise Pollution (Regulation and Control) Rules, 2000
Introduction
Noise pollution is a major issue in today’s urban areas.
From factories to vehicles, from machinery to daily equipment, everything produces a noise that is having a
significant impact on the environment as well as the health of humans.
Recognizing the harmful effects of noise, the Indian government included measures to abate noise pollution
under the Environment Protection Act, 1986.
Noise pollution was one of the categories being addressed under this Act. However, in the late 1990’s, the
government decided to come out with a separate legislation solely focusing on noise pollution. Thus was born,
Noise Pollution (Regulation and Control) Rules, 2000.
Content
Under this Act, the legislation has divided all areas into 4 categories viz.
1. Industrial Areas (A)

2. Commercial Areas (B)
3. Residential Areas (C)
4. Silence Zones (D)
Each of these areas have a sound limit specified for day (6 AM to 10 PM) and night (10 PM to 6 AM) times
61
The legislation further states-
 The State Government has the authority to designate different areas under different categories
 It is mandatory that an area of 100 meters around hospitals, educational institutions and courts be
designated as silence zones.
 These rules shall always be taken into consideration before the construction of any project.
1. Under this Act, the use of loudspeakers, megaphones, and any other form of public address system has
been regulated.
2. They shall not be allowed to function in public after 10 PM and till 6 AM.
3. Violation of this can result in a penalty, under provisions of this Act.
4. The authority given the responsibility of upholding this Act can take action and order the prohibition of
the use of any of these articles if he/she receives a complaint.
5. Non-compliance after the issue of this order, can result in imprisonment.
Permissions for Loud Speakers: In most cases, loud speakers are used in public places without obtaining the
necessary permission. In a PIL filed in Bombay High Court in 2015, it was submitted by the petitioner that most
mosques in Navi Mumbai did not have permission to use the loud speaker. The court directed that all the loud
speakers in all religious places setup without permission must be removed. The police and other authorities often
turn a blind eye to blatant use of loud speakers in processions, religious places etc
Greenhouse effect
Introduction
Behind the struggle to address global warming and climate change lies the increase in greenhouse gases in our
atmosphere
The greenhouse effect is a warming of Earth’s surface and the air above it. It is caused by gases in the air that
trap energy from the Sun. These heat-trapping gases are called greenhouse gases.
The most common greenhouse gases are water vapor, carbon dioxide, and methane. Without the greenhouse
effect, Earthwould be too cold for life to exist.
Scientists believe that human activities are increasing the greenhouse effect. When people drive a car or operate
a factory they burn coal, oil, and other fossil fuels. This adds extra greenhouse gases to the air, and the extra gases
trap more heat. Many scientists think that this has led to global warming, or a steady rise in the average
temperature of Earth’s surface.
62
Importance of Greenhouse effect:
1. Greenhouse effect is very important for all living beings.

2. It's only the greenhouse effect which has maintained the temperature of earth. Scientist's estimates that
without the greenhouse effect the temperature of earth would not be warm enough to sustain our
ecosystem.
3. Temperature without it is estimated to be about 54 degrees Fahrenheit. On the other hand a little extra
warming is also harmful for our ecosystem
Greenhouses are generally of two types:

1) Natural greenhouse
2) Artificial or Man-made greenhouse
. Human activities are creating larger amount of greenhouse gases than what is naturally required to warm the
environment. Some of the human activities that are distorting this natural process include:
1) Burning of natural gas, coal and gasoline from automobiles: these are raising the level carbon dioxide in the
atmosphere to a greater extent. It has been estimated by scientists that carbon dioxide level is increasing 10% in every
20 years.
2) Deforestation: Today people are destroying forests for building houses and roads. Decrease in trees lead to lesser
consumption of carbon dioxide and lesser production of oxygen.
63

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Environmental law final

1. ‘We won’t have a society, if we destroy the environment’ - Margaret Mead

Some of the important legislations for environment protection are as follows:

 The National Green Tribunal Act, 2010

1. Indian constitutional provisions for conservation and protection of environment.

Need for environmental protection

According to the Stockholm Declaration on the Human Environment, healthy environment is

Environmental protection is a practice of protecting the natural environment

 One billion people in the world have no clean water.

The Directive principles

Profession and health hazard

Right to life by Indian judiciary in environmental cases.

JUDICIAL INTERPRETATION OF ARTICLE 21

Rural litigation and entitlement Kendra, Dehradun v/s state of UP.

Shubash Kumar vs state of Bihar

M.C. Mehta vs. Union of India (Vehicular Pollution Case)

Murli S. Deora vs. Union of India

1. MC MEHTA v/s U.O.I (OLEUM GAS LEAKAGE)

SUSTAINABLE DEVELOPMENT AND LAW (PRINCIPLES AND FEATURES)

Salient features of sustainable development

1. Use and conservation of natural resource

The precautionary principle

The Indian courts have particularly embraced the precautionary principle.

THE POLLUTER PAYS PRINCIPLE.

View of the Indian Judiciary

M. C. Mehta vs Kamal Nath & Ors (1997)1SCC388

ROLE OF JUDICIARY IN DEVELOPMENT OF ENVIRONMENTAL JURISPRUDENCE

IMPORTANT LANDMARK JUDGMENTS BY JUDICIARY

Rural litigation and entitlement Kendra, Dehradun v/s state of UP.

Shubash Kumar vs state of Bihar

M.C. Mehta vs. Union of India (Vehicular Pollution Case)

Murli S. Deora vs. Union of India

REASONS FOR JUDICIAL ACTIVISM IN PROTECTION OF ENVIRONMENT

The main objects of the act are,

1. To preserve the quality of the air and control air pollution

The act consists of 54 section divided in 7 chapters

Chapter 1 deals with preliminary and definitions of certain terms

Salient features of air act

According to section 3 the central board shall consists of

Section 5 constitution of state boards

The state board shall consists of the following members namely

Meetings = the state board shall meet at least once in 3 months

Power and functions of board, chapter 3

3. To collect and disseminate Information relating air pollution

Prevention and control of air pollution, chapter 4

Power to declare air pollution control area

Under the provision it has been ordered that

Composition of joint pollution control board

Composition = section 14 provides for the composition of the joint boards.

Functions and powers of joint board

Section 26 provides for the provisions to take samples of air or emission

According to sub section 3

Reports of the result of analysis of samples taken under section 26

State air laboratory S28.

The state government may by notification in the official gazette –

Reports of analysts S30

Power of board to make application to court S22.

Restrictions on use of certain industrial plant