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Kta llb env - environment law notes

Ballb (Karnataka State Law University)

Studocu is not sponsored or endorsed by any college or university

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ENVIRONMENTAL
LAW
3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW
UNIVERSITY

MOST IMPORTANT PREVIOUS YEAR QUESTIONS

ALONG WITH ANSWERS

By
ANIL KUMAR K T
Mob: 9584416446

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Karnataka State law university 3 and 5 Years LLB.

Environmental Law
ANIL KUMAR K T LLB COACH
Most important previous year questions
1. What are the different provisions of the Indian constitution concerning
the protection environment?
2. Define the term protection and explain the different kinds of pollution.
3. What is meant by global warming? How does it affect environment?
4. Explain the provisions relating to prevention and control of water
pollution under the water act.
5. Explain the salient features of forest conservation act 1980.
6. Explain occupier “hazardous substance” and “Handling “ as defined
under environment protection act 1986.
7. What are remedies available under tort law to an individual against
pollution of environment.
8. Discuss the “pollution pays” principle with the help of decided cases.
9. Write a note on Eco mark scheme.
10.Write a note on environmental audit.
11.Explain the ancient Indian Environmental ethics.
12.Write a note on environment.
13.What are the factors responsible for Environmental pollution? And state
the remedies.
14.Write a note on global warming.
15.Discuss the role of judiciary in protection of environment with the help
of decided cases.
16.Write a note on precautionary principle.
17.Explain the Stockholm declaration on human environment of 1972.
18.Want is sanctuary? Explain the legal provisions for declaration of
sanctuaries under the wild life protection act.
19.Explain the salient features of the air pollution act 1981.
20.Write a note hunting.
21.Explain the provisions and procedure of collection of sample.
22.Explain the regulations on disposal of biomedical waste?
23.Write a note environment impact assessment.

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24.Explain the remedies provided under criminal law to control

environmental pollution.
25.Explain the frame work of the water ( prevention of control of pollution)
Act, 1974. Discuss the identified sources of water pollution?
26.What measures have been taken to protect our wild life under the wild
life protection act 1972? How far are these measures effective.
27.Write a note on earth summit 1992.
28.Explain with decided cases the concept of sustainable development.
29.Briefly explain the common law concepts to check environment
pollution.
30.Discuss the rule of absolute liability with the help of decided cases.
31.Write a note on offences of government departments.
32.Write a note on transboundary pollution.
33.Explain the provisions relating to prevention, control and abatement of
environmental pollution under the environment protection act 1986.
34.Discuss the powers and functions of the central pollution control board
for prevention and control of water pollution under the water act.
35.Explain the constitutional remedies to check and control pollution.
36.Write a note on wet lands.
37.Explain the role of public interest litigation in environmental protection.
38.What is green house effect? Discuss the consequences of green house
effect and global warming.
39.How judiciary has responded to forest conservation? Refer to decided
cases.
40.Discuss with decided cases the dimensions of article 21of the Indian
constitution in relation to environment.
41.Write a note on class actions.

BY
ANIL KUMAR K T LLB COACH

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1. What are the different provision of the Indian constitution

concerning the protection environment?

Introduction:-

The protect and improve the environment is a constitutional

mandate. It is a commitment for a country wedded to the ideas of a
welfare state The Indian constitution contains specific provision for
Environment under the chapters of directive principles of state policy

and fundamental duties. The absence of a specific provision in the

constitution recognizing the fundamental right to clean and where some

Environment has been set off by Judicial acuities in the recent times.

Provision of the Indian constitution concerning the protection

Environment.

Article 48-A & 51 A clause (g)

Initially the constitution of India had no direct provision for

environment protection global conscious for the protection of

environment in the seventies, Stockholm conference and increasing

awareness of the environmental crisis prompted the Indian government

to enact 42 and amendment to the constitution in 1978. The

constitution was amended to introduce direct provision for protection

of Environment this 42nd amendment added Article 48-A the Directive

principle of state policy.

Article 49-A

The Article states

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"The state shall endeavor to protect and improve the Environment

and to safeguard the forest and wild life of the country".

The said amendment imposed a responsibility on citizen form of

fundamental duty.

Article 51-A clause (g)

Article 51 A (g) which deals with the fundamental duties of the

citizen states.

"It shall be the duty of every citizen of India to protect and improve
the natural environmental including forests, Lakes, rivers, and wild life
and to have compassion for living creatures.

Thus protect and improvement of natural Environment is the duty

of the state (Article 48-A) and every citizen (Article 51-A (g).

Article 253

Article 253 states that parliament has power to make any law for
the whole or any part of the country for implementing any treaty,
agreement or convention with any other country. In simple words this

article suggests that in the wake of stock Holm conference of 1972

parliament to the preservation of natural environment parliaments use
of article 253 to enact Air and environmental Act. Confirm this view.
There Acts were enacted to implement the decision reduced at stock
Holm conference.

Article 14 (Right to Equality & Environmental protection.

Protective of Environment

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The government and contractor recognize that protect operation

will cause some impact on the Environment in the contract area.

Accordingly in performance of the contract, the contractor shall conduct

its operations with due regard to concern & with respect to protection
environment and conservation of natural resources and shall in
particular.

Kamalnath care

In the state of Himachal Pradesh, span motel owned by the family

members of Shri Kamalnath Minister for environmental of forest. Govt.

of India diverted the cause of river Beas to the motel & also encroached
upon some forest land. The apex court ordered the management of the
spam motel to hand over forest land to the govt. Himachal Pradesh and
remove all source of encroachments.

The court delivered a land mark Judgment and establish principle

of exemplary damages for the first time in India. The court said that
polluter must pay to revives damages caused his act and imposed a fine
of Rs. Ten lakhs, on the Span motel an exemplary damages. The
supreme court of India recognized polluter pays and public trust
doctrine.

Freedom of trade & commerce and environment protection Article

19 (1) (g)

All the citizens of India have a fundamental right to carry on any

business, trade or commerce at any place within the territory of India,
Article 19 (6) of the constitution lays down the reasonable restriction to

this fundamental right to avoid the environmental hazards.

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Article -51

Article 51 promotion of international peace and state shall

Endeavour to.

➢ Promote International peace and security.

➢ Foster respect for international law and treaty obligation
encourage settlement of international disputes by Arbitration.
2. Define the term protection and explain the different kinds of

pollution.

Introduction:

Environmental protection means any action designed to remedy

or prevent damage to physical surroundings or natural resources by a

beneficiary of own activities to reduce use of nature resources including

energy saving measures and the use of renewable sources of energy.

Definition

➢ Environmental protection in subsection (1) means the protection

of humans and the natural environment from the impacts of
human activity as defined in clause 44.
➢ Environmental protection means protection of the environment
against physical, chemical, biological and another adverse effect
or the consequences arising from the implementation of plans and

programs pursuit of economic activities or utilization of natural

resources.
Different kind of pollution

1. Natural pollution

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2. Man made pollution

Natural pollution

Sources of natural pollution are mainly earthquake, flood, drought,

cyclone, fire (forest fire)

1. Pollution date to earthquake.

2. Pollution by flood & cyclone

The pollution by flood and cyclone is multi fold. It includes broken

sewers, flooded industrial plants, flooding dead bodies etc.

3. Pollution by drought.

The pollution & cause for draught vice versa. The increasing air
pollution all over the globe in the past 50 years has reduced the days

of rainfall by nearly a quarter. The bad dry air is now affecting every
nations ability to grow nutrition ford crops and it also causes many

health and environment problems.

4. Pollution by fire (forest fire)

Emission from fires have a serious impact on the environment.

The combustion gases released from fire are toxic and very large
quantities of toxic particularly are released in to the environment.

These particles include among others of soot, tar, unburned materials

and in organic debris.

II. Man made pollution.

➢ Air pollution
➢ Water pollution

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➢ Noise Pollution

(i) Air pollution

Pollution is defined to mean the presence of wrong matter in wrong

quantity and at wrong place. Pollution is the unfavourable alteration of
surrounding by changing its energy patterns, radiation levels, chemical

and physical constitution and abundance of organisms. The air

pollution is due to gases, Emissions from volcanoes, dust, certain
vegetation and plants, pesticides smokes from industries, furnaces,

automobiles, steam locomotives, aircraft and power plants, foul gases

emanating from sewers and domestic drainage.

2. Water pollution.

Polluted water means water which contains foreign substances

which alter its seeds biologically, chemical and physical properties.
unless the water is pure & unpolluted. It can not be used for human

consumption. In other words, pollution of water is highly dangerous.

Water pollution is a big problem faced by the human society, If water is
polluted, It becomes unfit for use either for domestic, commercial or
industrial purpose. Some times it is injurious for the health of land

animals and for sea animals.

3. Noise pollution.

Noise pollution means impairment of the quality environment by

noise. Noise is a misplaced sound in air with high density.

The main noise pollutants are lound speaker the machinery noise

from factories, Radio, Televisions tape recorders, grinders etc.

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3. What is meant by global warming? How does is affect

environment.

Introduction:-

Global warming is the phenomenon of a gradual increase in

temperature near the earth & surface. The phenomenon has been
observed over the past one or two centuries. The change has distributed
the climatic pattern of the earth. However the concept of global warming

is in quite controversial but the scientists have provided relevant data

in support of the fault that the temperature of the earth is rising

constantly.

Definition

"Global warming is a gradual increase in the earths temperature

generally due to the green house effect caused by increased levels of
carbon dioxide, CFC’s and other pollutants.

There are several causes of global warning which have a negative

effect on humans, plants and animals. There causes may be natural of
might be the outcome of human activities. In order to curb the issues,
it is very important to understand the negative impacts of global

warming.

Effects of Environment.

The following are the major effects of global warming has led to an

increase in temperature.

1. Raise in temperature:-

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Global warming has led to an incredible increase in the melting of

glaciers, Which have led to an increase in the sea level. This could have
led to an increase devastating effects on coastal regions.

2. Threats to Ecosystem:

Global warming has affected the coral reefs that can lead to the
loss of plant and animals lives. Increase in global temperatures has
made the fragility of coral reefs even worse.

3. Climate change

Global warming has led to a change in climatic conditions. There

are droughts at some place and floods at some. This climate imbalance

is the result of global warming.

4. Spared diseases

Global warming leads to a change in the patterns of heat and

humidity. This has led to the movement of mosquitoes that carry and

spread diseases.

5. High Morality rates.

Due to an increase in floods, tsunamis and other natural

calamities, the average death usually increase. Also such events can

bring about the spread of diseases that can humper human life.

6. Loss of natural Habitat

A global shift in the climate leads to the loss of habitats of several

plants and animals. In this case, the animals need to migrate from their

natural habitat and many of them even become extinct. This is yet
another major impact of global warming on.

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4. Explain the provisions relating to prevention and control of

water pollution under the water act.

The objective of the act is to prevent and control water pollution.

It also maintain and restores the quality of water. This is done
constituting beards which have the powers and function relating to

prevention and control of water pollution.

Objectives:-

1. To prevent and control water pollution and maintain the

wholesomeness of water.

2. To establish central and state board for prevention and control of

water pollution.

3. To confer powers and assign function to such board relating to

prevention and control of water pollution.

4. To provide penalties for violations of provisions of the act.

5. To establish central and state water testing laboratories to assess

the extent of pollution, lay down standards to enable the board to

establish the guilt /default.

Provisions,

1. Section 3 and section 4:- Constitution of the central pollution

control board and state pollution control boards, respectively, are

powers conferred to them under this act.

2. Section 13:- Constitution of a joint board under this section the

act prescribes the constitution of a joint board for pollution control if

there is an agreement between.

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• Two or more state government of contiguous states or.

• Central government and state governments contiguous to one

more union territories.

3. Section 16:- Function of the central board.

1. Advise the central government on any matter concerning the

prevention and control of water pollution.

2. Co- ordinate the activities of the state boards and resolve disputes

among them.

3. Provide technical assistance guidance to state boards and sponsor

investigation and research relating to water pollution.

4. Collect, comply and publish technical and statistical date relating

to water pollution.

5. Establish or recognize laboratories for analysis of water samples

of any or trade effluent.

Section 17:-

Functions of the state pollution board.

1. Plan a comprehensive programme for the prevention control or

abatement of pollution of streams and wells in the state and to
secure the execution.

2. Advise the state government on matter of water pollution.

3. Inspect and lay down, modify or annual effect standards for the
sewage and trade effluents.

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4. To inspect sewage or trade effluents, works and plants for the

treatment of sewage and trade effluents.

5. Evolve economical and reliable methods of treatment of sewage

and trade effluents.

Section 19:-

If the state board feels that the provisions of this act need not
apply to some parts of the state, it may recommend the state

government to do so.

Section 20:-

This section provides power to the state board to appoint person

(s) on its behalf to take surveys of any area and gauge and keep records
of flow, volume and other characteristics of steams.

Section -33:-

This section gives power to the boards to appeal to the courts to

restrict certain actions if it feels that it is likely to cause harm to water
resources in an area.

The court has the power to decide for or against such an

application.

Under the chapter for penalties, various penalties are described

pertaining to the contravention of provisions of different sections of this

act.

Section 51 and section 52:-

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Under these sections, the act sets up the central water laboratory

and state water laboratory respectively.

Section 58:- Bar of jurisdiction.

This bars the civil courts any jurisdiction in entertaining matters

pertaining to appeals under this act.

5. Explain the salient features of forest conservation act 1980.

1. Forest were transferred from the state list to the concurrent list

under the constitution. These due to this shift, the central

government was empowered to directly act in order to conserve
forests. This act ensures the conservation of forest ground.

2. This act empowers state governments to use forest area only for
forestry purpose.

3. Forest is treated as a national asset therefore the state

governments have to seek the central government approval if it

plans to use the forest area for,

• Reforestation

• Non forestry purposes such mining.

4. There are prevision under this act which was drafted with the

intent to reduce the rate of deforestation. It causes an imbalance

in nature and ecology. This in turn, leads to the degration of

environmental quality.

5. The act seeks to check the de- reservation of forests. Another

important feature of this act is that the central government’s prior

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approval is an absolute necessity when it comes to deservation of

reserved forest areas.

6. The act ensures that in order to stop forest of dwellers from cutting
trees they must have full access to fuel fodder, building material

wood etc at a subsidized rate.

7. Compensatory afforestation is also one of the salient feature of

this act as it promotes this practice through out the statute.

8. This act seeks to modify working plans in to environmentally

sound and scientifically reserved action plans, so all kinds of risks

and costs are minimized.

9. This act contains provisions that were drafted with the intent to

protect standing forests.

10. The act seeks to spread awareness amongst organization and the

public at large about forest conservation and protection the

government is required to create an information base.

11. This legislation is pretty short with only 5 sections.

6. Explain occupier "hazardous substance" and "Handling" as

defined under environment protection act 1986.

➢ Occupier [See -2 (f)]

Occupier in relation to any factory or premises, means a person

who has control over the affairs of the factory or the premises and
includes in relation to any substance the person in possession of the
substance.

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➢ Hazardous substance [Sec 2 (e)]

"Hazardous substance means any substance or preparation which

by reason of its chemical or physio chemical properties or handling is

liable to cause harm of human beings, other living creatures, micro

organism property or the environment.

➢ Handling [sec-2 (d)]

Handling in relation to any substance, means the manufacture,

processing treatment, package, storage, transportation, use,

collection, destruction, conversion, offering for sale, transfer or the like

of such substance.

7. What are remedies available under fort law to an individual

against pollution of environment?

The statute that exists against environmental pollution is the

environmental protection act 1986. This act was enacted after the
unfortunate and Gruesome case called the Bhopal gas tragedy.

Although it appears that the environmental of protection act is

sufficient to deal with the cases related to pollution of land, water, and

air etc. The only way victims of environmental pollution can seek

justice is by demanding compensation.

Environmental pollution under tort of law.

Environment pollution can be a part of tort law the following

categories in India.

➢ Nuisance

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➢ Trespass

➢ Negligence and
➢ Strict liability

1. Nuisance (Tort of Nuisance)

It is said that the deepest doctrinal roots of modern environmental

law are found in the common law principle of Nuisance. Nuisance is

the unlawful interference with a persons use and enjoyment of his own
land/ property. It can be attributed to any sort of disturbance that

hampers one’s ability to enjoy his space without hindrance.

2. Trespass

Trespass is an unlawful interference with one’s property trespass

is entering some one's property by breaching its boundaries without
the owner's permission.

3. Negligence

There are situations when an individual/ company fails to take

reasonable care. This act omission to not take reasonable care is called

negligence.

4. Strict liability

Tort law also constitutes the doctrine of strict liability strict

liability means that a person has to show that he/ she did not
voluntarily participate in the said accident as a respect of their own

actions. The doctrine of strict liability is also known as liability without

fault.

Remedies available under Tort law.

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➢ The primary remedies for these Environmental torts are claiming

for unliquidated damages and injection or both.

➢ Damages are compensation payable for the commission of a tort.

These damages may be nominal, substantial or exemplary.

➢ The remedy of an injection with or without damages may be

granted.
➢ Temporary Injection
➢ Permanent Injection

Hence the above remedies are available against individual for an

Environment pollution.

8. Discuss the "Pollution pays" principle with the help of decided

cases.

Introduction:

It is the absolute liability of persons harming the environment to

pay adequate compensation to the victims of pollution and the bear

expenses of resorting the environment to its original position. This is
called the “pollution pay principal”.

History

The pollution pays principal was first introduced in 1972 by the

organization for Economic cooperation & development (OECD) guiding

principles concerning international economic aspects of

environmental Polices where under the polluter was held responsible

for the environmental damages and pollution.

Subsequently the Rio Declaration laid down the guidelines for

sustainable development meaning there by strategy to cater the needs

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of the present generation without compromising the needs of the

future generation. In furtherance of the aim of sustainable

development Rio Declaration principle 16 of the Rio declaration

enrished the polluter pays principle stating that the pollution should
been the cost of pollution.

The concept

The pollution pays principle imposes liability on a person who

pollutes the environment to compensate for the damage caused and

return the Environment to its original state regardless of the intent.

View of the Indian Judiciary

The Indian Judiciary has incorporated the pollution pays principle

as being a part of the environmental law regime is evident from the

judgements passed.

➢ Indian council for Enviro- lagal action vs Union of India.

The count 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 which carrying

on his activity. The rule is premised upon the very nature of the activity

carried on.

➢ M.C. Mehta V.S. Kamalnath & other.

The court held that pollution is a civil wrong and is a tort

committed against the community as a whole. Thus any person guilty
of causing pollution has to pay damages (Compensation) for
restoration of the Environment and Ecology. Under the polluter pay

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principle, it is not the role of Government to meet the costs involved in

carrying out remedial action, because the effect of this would be to

shift the financial burden of the pollution incident to the tax payers.

9. Write a note on Eco mark scheme.

Introduction:

Eco mark is a certification mark issued by the Bureau of Indian

standard for products which are ecologically safe and adheres to the
standards prescribed by the BIS. It is issued by the ministry of
Environment & forests. Products that meet the prescribed
environmental criteria, as well as quality standards set by BIS, Will be

issued the ECOMARK LABEL.

What is Eco mark?

➢ The Government of India has instituted a scheme for labeling

Environment friendly products to be known as Eco Mark. Eco

mark is issued by the Bureau of Indian standards as a
certification mark for the products which are ecologically safe
confirming to the standards prescribed by BIS.

➢ The Eco Mark scheme falls under the ambit of the Ministry of
Environment, forest & climate change.

➢ Eco mark helps in identifying co- friendly products in the market.

The mark is being issued in around 16 categories like food,

medicines, chemicals, electronic goods, paper lubricating oils
parking materials etc.
Objection of Eco mark Label scheme

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1. To offer an incentive to products & importers to reduce the adverse

impact of their products on the Environment.

2. To reward good initiatives companies take in order to reduce the

adverse Environmental impact of their products.

3. To encourage consumers to be more environmentally aware in

their day to day lives and urge them to take into account
environmental factors also before making a purchase decision.

4. To promote Environmentally safe products among citizens.

5. To improve Environmental quality and promote sustainable

management of resources.

10. Write a note on environmental audit.

Introduction

Rule 14 of the Environment protection rules 1986 provides for the

submission of Environmental audit report by every person carrying on

an industrial operation or process, if he requires consent under
section 25 of the water act, Air act, Hazardous water (Management

and Handling) Rule 1989.

The Environmental audit report must be in from V and sent to the

concerned state pollution control board. Environmental auditing is

essentially an Environmental management tool for measuring the

effects of certain activities on the Environment against set criteria or

standards. Depending on the types of standards and the focus of the
audit, there are different types of Environmental audit, organization of
all kinds now recognize the importance of Environmental matters and

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accept that their Environmental performance will be scrutinized by a

wide range of interested parties.

Environmental auditing is used to

➢ Investigate
➢ Understand
➢ Identify
These are used to help improve existing human activities, with the

Environment aim of reducing the adverse effects of these activities on

the Environment. An Environmental auditor will study an

organization’s Environmental effects in a systematic and documented
manner and will produce an Environmental audit report. There are
many reasons for undertaking an Environmental audit which include
issues such as Environmental legislation and pressure from

customers.

12. Write a note on Environment.

Earlier Answer.

13. What are the factors responsible for Environmental pollution?

And state the remedies.

Introduction

Pollution means contamination of Environment such

contamination creates potential hazards to health and well being of

living and non living organisms. Pollution is the unfavorable alteration

of surrounding though direct or indirect effects of changes in energy

patterns, radiation levels, chemical and physical constitution and
abundances of organisms.

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Section 2(b) : Of the Environment pollution act defines "

Environmental pollution" to mean any solid, liquid or gaseous

substance present in such concentration as may be or tend to be

injurious to Environment. Pollution affects the natural composition of

substances and also it effects the food chain, carbon cycle, nitrogen
cycle, oxygen cycle, and also it damages the plant and animal life,
besides damage to property and buildings.

Factors of pollution

➢ Natural pollution
➢ Man made pollution
1. Natural Pollution

The solution of natural pollution are mainly earth quakes flood,

drought, cyclone, fire (forest fire) etc.

2. Man made pollution

It is mainly due to human activities. The sources of man made

pollution can be further classified as air pollution, water pollution,

land pollution food pollution, noise pollution and radioactive pollution

etc.

Cause of pollution

Population growth

The population growth at alarming rate is affecting the

Environmental quality and also fitting the ecological balance.

Industrialization

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Dust and smoke released in the atmosphere by industrial

activities affect the atmosphere and combined with water dust and
smoke forms smog.

The smog has many evil effects one of which is that it causes

health problems including death. The rapid exploitation of natural

resources and increased industrial outputs have created dangerous

Environmental problems and have affected the ecological balance at
various levels.

Deforestation

Forests are the friends of mankind. They provide many valuable

properties like raw material woods, and timbers for building purposes

keep the soil intact, maintain fertility of the soil, keep the ground
water, level high and avoid floods.

Urbanization

People from rural areas are more and more migrating to urban

centers for employment etc. Since only in urban areas, industrial

expansion and development are rapid. '

Agricultural development

Due to advancement of science and technology, in the same size

of agricultural area increased agricultural production is made, by
using chemical fertilizers, pesticides, increased irrigational facilities.

Science and technology

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The modern science and technology have on one side has uplifted

the conditions of human living. But it has uplifted the conditions of

human living. But it has also created many Environment problems.

Social dimensions

Man has become very greedy. The scientific and technological

developments are being misused to affect the Environment.

Economic dimensions of the Environment

The increased economical activity due to scientific development,

industrial establishment, on one hand have improved the living
standard of man but on the other hand have brought degration and
pollution in the Environment.

Remedies

1. Environmental planning should be considered.

2. Shifting to eco-friendly transportation.

3. Basic solutions for air pollution must involve moving away from

fossil fuels.

4. Now as solar radiation is at a climatic peak, solar power is a very

good solution.

5. Wind power is also coming into play.

6. Green building can help solve Environmental problems.

7. Storage facilities for solid wastes.

8. The waste water recycling project should be exercised.

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9. Enacted Environmental laws to protect Environment.

10. National commission & state commissions to protect the

Environment.

14. Write a note on global warming.

In Rio conference, 1992, the participating nations unanimously

agreed to prevent global climatic changes. In the conference it was

decided that because of the global warming. Every state is

required to take steps to reduce their emission of gases. However,

there was no time limit set to achieve this.

The following international conventions, conferences etc.

➢ Convention on climatic change 1992

➢ Kyoto conference and pact on global warming 1997.

➢ Global Environment facility 1998.

Causes for global warming.

➢ Burning fossil, fuels, coal, oil and nature gas.

➢ Deforestation
➢ Increasing live stock forming
➢ Electricity generation

➢ Increasing transportation
Effect of global warming

➢ Hotter temperatures

➢ More severe storms

➢ Warming of oceans
➢ Rise in the ocean level
➢ Loss of species

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➢ Poverty and displacement

➢ More health risks.

15. Discuss the role of Judiciary in Protection of Environment

with the help of decided cases.

India has played and is playing a major role in sustainable

development and Environmental protection. There is a regular

development of law relating to the protection of Environment. India
has been enacting various laws at regular interval. The judiciary of

India by its enlighten Judgments has helped Environmental protection

and upgradation. The Judgments have created a new field of study

called ‘Environmental Jurisprudence’.

The following rules have been laid through various judgment

of Judiciary in India.

1. Judiciary and forest

The protection and conservation of forests are essential for

Environmental protection and hence supreme court has issued

directions to stop illegal cutting of trees.

T.N. Godavarman V.S. Union of India

(Godavarman Case)

In the guise of removing infected trees, trees without diseases were

also cut from the forest. In the process dense forest over 17000 sq kms

were removed. Further there was illicit mining in the forest. The

supreme court made a thorough study and laid down the following
rules for delivery the Judgment.

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➢ Running a saw mills or plywood mills within the forest must be

stopped.
➢ New licenses must not be issued for next 5 years.

➢ The forest department must prepare an active plan for forest

protection.

➢ Illegal falling of trees must be punished.

➢ Mining operations in reserve forests must not be permitted.
2. Judiciary and industrial development

Industrial growth is essential for better living standards of

human being. The industrialists extract material from natural

resources and convert them or products for human beings and as a

by product polluting the human Environment.

V. Lakshmypathy V.S. State of Karnataka

The Karnataka High Court directed the municipal corporation to

stop the industries being set up in residential areas.

When an industry is run, there should be a proper system of

removal of industrial waste/effluent. The tanneries operating in India

are not able to remove the discharged effluents and it is a major
source of pollution.

Any industry without "Primary treatment plant is not permitted to

work and order to be closed by the supreme court.

3. Judiciary and urbanization

Because of accelerated growth of cities there is more of

urbanization. Since advance development plan is not followed, there

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is mushroom growth of buildings and sculpture, which have got an

adverse effect on the urban Environment.

People united for better living in Culcutta V.S. state of west

Bengal AIR.

The court held that it is the duty of court to balance between

development programme and Environment. Wet lands are important
in maintenance of Environmental equilibrium and necessary to

presence the Environmental.

4. Judiciary and vehicular pollution.

The vehicular traffic is increasing day by day especially in towns

and cities and it is the major source of air pollution. It is estimated

that 50% of air pollution is due to automobile traffic. Though emission

checking and prosecution of the offenders are being done, it is not fully
successful.

Judiciary and air pollution

Judiciary and air pollution

B. Venkatappa Vs. 13 Lovis.

A chimney was constructed with holes and the smoke and fumes

were emanating from the chimney and it was causing health hazards

to the occupier of the neighboring property.

The Andrapradesh High court held that even in the absence of

proof of injury or discomfort to the plaintiff of the smoke could pass
through the holes and be injurious to the health of all neibours, and

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hence issued mandatory injunction that the release of smoke must

forth with be stopped or direction changed upwards at high attitude.

Water pollution

Mukesh textiles mills (p) Ltd. Vs. H.R. Subramanya Sastry in the
defendants sugar factory, molasses were stored in tanks due to the
burrowing activity of rodents the molasses leaked to water channel
and damages the plaintiff paddy.

The High court held that the defendant was liable to pay
compensation on the principle of absolute liability i.e. even if there was

no proof of negligence on the part of the defendant.

Judiciary and Environmental pollution

Ajeet Mehta V.S. State of Rajastan the defendants Loading and

unloading and stocking of fodder became a serious health hazard to

the residence of the locality as the dust particles of the fodder polluted

the atmosphere and caused health problems.

The Rajasthan High Court held that the public health must not be
allowed to suffer and hence passed an order to remove the said
business from the locality.

16. Write a note on precautionary principle.

Introduction

Any activity of the substance which poses a threat to the

Environment must be prevented in advance.

In other words the government must anticipate and prevent the

causes of Environmental degration in advance. This is called the

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‘precautionary principle’ Environmental problem is a global problem

and hence international cooperation and assistance is necessary.

Precautionary principle both the government must anticipate and

the other statutory authorities must anticipate, prevent and uproot
the causes of Environmental degration. If there are threats of serious

and irreversible damage, then such acts should be studies thoroughly

and after taking all precautionary steps to avoid Environmental
pollution, such acts must be allowed.

M.C. Mehta V.s Union of India (1997) 2 Sec. 353

In this case the supreme Court applied precautionary principle.

The Environmental pollution affecting Taj Mahal was considered

by supreme court and held that there should be restriction of

movement of visitors and vehicles within 500 metre zone around the

Taj Mahal.

M.C. Mehta V.s Union of India

By applying the precautionary principle, the supreme court

prohibited the mining and construction activities near lakes to protect
them from Environmental degradation.

17. Explain the Stockholm declaration on human Environment of

1972.

Introduction

Based on the resolution of the general assembly of UNO united

nations conference on Human Environment took place at Stockholm
from 5th to 16th June 1972. This conference is considered as the

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magna Karta of Environment protection and sustainable development

for the first time, the world nations seriously discussed and
deliberated on Environment protection and sustainable development.

Provisions of the stock declaration the contains

➢ Seven universal truths

➢ 26 Principle
Universal truths

1. Man is both a creator and molder of his Environment both the

natural and man made Environment are essential to his well being

and enjoyment of his rights including right to life.

2. The protection and improvement of human Environment is a

major issue, as it affects the wellbeing of people and their

economic development. It is hence the urgent desire of the people
and human Environment.

3. Man's discoveries, inventions, creations and advances if wisely

used bring benefits of development to people but if wrongly

applied, It can do great harm to human beings and the human
Environment man harm is growing many religious of earth.

4. In the developing countries, the under development has caused

most of the Environmental problems.

5. The growth of population continuously presents problems for the

preservation of the Environment and hence adequate policies and

measure must be adapted to face these problems.

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6. Man must shape his actions with move care for Environmental

consequences and he must use his knowledge to build a better

natural Environment.

7. Citizens, communities, Enterprises and institutions must accept

responsibility to active this Environmental growth by all, sharing

equitable in common efforts.

Principles

1. Man has the fundamental right for adequate conditions of life in

a quality environment and hence he has the responsibility to

protect and improve the Environment for presence and future

generations.

2. The natural resources of earth must be safegaurded for the benefit

of present and future generations through careful planning and

appropriate management.

3. The capacity of the earth to produce vital renewable resources

must be maintained and restored.

4. Man has the responsibility to safeguard and wisely manage the

heritage of wild life and its habitats which are now gravely

imperiled.

5. The non-renewable resources of the earth must be employed to

guard against the danger of their future exhaustion.

6. The excess discharge of toxic substances, the excess release of

heat must be halted in order to ensure that serious or irreversible
damage is not inflicted upon ecosystems.

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7. States must take all possible steps to prevent pollution of the seas.

8. Economic and social development is essential for ensuring a

favorable living and working environment.

9. Environmental deficiencies generated by under development and

natural disasters pose grave problems.

10. For the developing countries, stability of prices and adequate

earnings for primary commodities and raw materials are essential

for Environmental management.

Contribution of Stackholm declaration.

1. The declaration on the human Environment.

2. The action plan for the human Environment.

3. The resolution on institutional financial arrangements.

4. Resolution on designation of a world environment day.

5. Resolution on Nuclear weapons tests.

6. Resolution on the convening of a second conference.

7. Decision to refer to governments recommendation for action at the

National level.

20. Write a note hunting

Introduction

Hunting might have been necessary for human survival in

prehistoric times, but today most hunters Stack and kill animals

merely for the thrill of it, not out of necessity. This unnecessary,

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Violent form of Environment rips animal families apart and leave

countless animals orphaned or badly injured when hunters miss their

targets.

With its grammatical variations and cognate expressions includes.

➢ Capturing killing poisoning, sharing and trapping of any wild

animal and every attempt to do so .
➢ Driving any wild animal for any of the purposes as specified

above.

➢ Injuring or destroying or taking any part of the body of any such

animal or, in the case of wild birds or reptiles, damaging the eggs
of such birds or distending the eggs. or nest of such birds or
reputing.
21. Explain the previous and procedure of collection of sample.

Introduction

The state board or the empowered officer, for the purpose of

analysis can take samples of water from any stream well sewage or

trade effluent. The result of the analysis of the sample shall be

admissible evidence, only if the following procedure is complied with.

➢ The person taking the sample must serve a notice in the

prescribed form to the person the change of place revealing his

intentions to take samples for analysis.

The sample collected is divided in to two parts in the presence of

occupier. Each part of the sample is placed in a separate container
which is to be sealed and signed by the person taking the sample and

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also the occupier or his agent. The sample so collected is sent to the

laboratory for analysis.

While collecting the sample if the employer or agent is willfully

absent, then the sample is sent to the laboratory by the person
collecting the sample and he must inform about the willful absence

of the occupier or agent to the governmental analysis. The cost of

analysis must be borne by the occupier on his agent.

Report of result of analysis of the samples

The concerned board analyst and tests the sample and submit his

report in prescribed form in triplicate to the central or state board.

One copy is sent to the occupier or his agent, the second copy is kept

in the records to be produced in court, and the third copy is kept by

the concerned board.

22. Explain the regulations on disposal of biomedical waste?

It is necessary that all these wastes should be properly

managed, handled and disposed of or otherwise they become the

sources of Environmental pollution. For proper management and

handling of bio medical wastes under the Environment (protection) Act

1986, the Biomedical waste (Management & handling) Rules, 1998 have

been formulated by the executive authorities as a delegated legislation.

"Bio medical waste" means any waste generated during the

diagnosis, treatment or immunization of human beings or animals or in

research activities regarding production or testing of biologicals as
mentioned in schedule I of the Rules.

Rules regarding occupier

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1. It is the duty of every occupier to take all steps to ensure that such

waste is handle without any adverse effect to human health and the
Environment.

2. He must ensure that the Bio- medical wastes are treated and

disposed as per schedule I of the rules and also in compliance with the

standard prescribed in schedule of the Environment (Protection) act.

1986.

3. Every occupier, if required, must set up the requirements of bio

medical waste treatment facilities as per the time schedule prescribed

in schedule (VI) Rule regarding segregation packaging, transportation &
storage.

1. Bio medical wastes should not be mixed with other wastes.

2. Bio medical wastes must be segregated in to containers/ bags at

the point of generations as per schedule II prior to its storage

transportation, treatment and disposal. The containers must be

labeled as per schedule III.

3. Of a container is transported from the premises where bio-

medical waste is generated to any waste treatment facility outside

the premises, the container must apart from the label prescribed

in schedule III, also carry information prescribed in schedule IV.

4. Untreated bio- medical wastes should be transported only in

authorized vehicles meant for this purpose.

5. No untreated bio- medical waste it kept stored beyond a period of

48 hrs.

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6. The municipal body of the areas must continue to pick up and

transport segregated on bio- medical solid waste generated in

hospitals and nursing homes for disposal at municipal dump site.

Power of prescribed authority

The prescribed authority for enforcement of the provisions of these

rules is the state pollution control boards in respect of States and the
pollution control committees in respect of the union territories.

The prescribed authority must on receipt of form I make necessary

enquiry and of he is satisfied that the applicant possesses the narcissus

capacity to handle bio- medical waste an per these rules then he can

grant or renew an authorization.

Authorization

Expect the occupiers of clinics dispensaries pathological

laboratories blood banks providing treatment/ service to less than 1000

patients per month all other occupiers of bio- medical wastes must

make an application in form I to the prescribed authority for grant of

authorization.

➢ Advisory Committee

The government of Every State /Union Territory constitutes an

advisory committee. The committee includes experts in the field of

medical and health, animal husbandry and Veterinary sciences.

Environmental management municipal administration and other

related departments.

➢ Annual report.

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Every occupier must submit an annual report to the prescribed

authority in from 11 by 31st January every year. The report includes

information about the categories and quantities of bio medical wastes

handled during the preceding year.

23. Write a note environment impact assessment

Introduction:

Environment impact assessment (EIA) is an exercise of evaluating

and predicting future positive and negative changes caused to the of

quality of the environment by the proposed projects, plans or

policies.

EIA helps administration agencies to choose correctly from among

the various options for making decisions which will not affect
Environment.

Thus, Environmental impact assessment is a tool for identifying

potential damage and also for probing methods of preventing such

damage to the Environmental EIA process is based on the principle

prevention is better than cure.

Environmental impact assessment in India

In India the Environment impact assessment has been in

existence during the seventh five-year plan.

For eg. In the Tehri Dam project, the public opinion and media
compelled the government to once again make proper Environment
impact assessment (EIA) of the proposed dam and to consider all its
safety aspects.

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Environmental impact assessment - A multi dimensional

Decision making.

The following are the important steps and consideration

➢ Impact assessment document.

➢ Extent of Environmental effects.
➢ Cumulative impacts on the Environment.
➢ Impact of a project upon a neighboring country.

Classification of EIA models

1. Statutory mandatory model.

2. Administrative Discretionary model.

24. Explain the remedies provided under criminal law to control

environmental pollution

Introduction:

The criminal remedy is by penal elution under Indian Penal code

or under code of criminal procedure.

Indian penal code, 1860

Indian penal code, 1860 makes various acts affecting

Environment as offences section 268 to 294-A deals with offences
affecting the public health, safety convenience, decency and morals.

Section 268 of the Indian Penal code defines public nuisance. Section

290 provides for punishment for public nuisance under section 268 of
IPC noise pollution can also be controlled.

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Section 269 to 271 make a negligent act likely to spread infection

of disease dangeous to life, punishable. The punishment provided for

such act is imprisonment up to six months or with fine or both sections

272 to 276 deal with the adulteration of food, drinks and drugs, section
277 can be used to used to prevent the water pollution in certain cases.

This section provides that fouling of water of public spring, wall

on reservoir rendering it less fit for purpose for which it is ordinarily
used, shall be punishable with imprisonment up to three months or

with fine up to Rs 500/- or both.

Under sec. 284 to 286 IPC can also be used to prevent the
negligent handling of poisonous substances, combustible materials and
explosive substances, which may cause Environmental pollution.

Under sections 426, 430, 431 & 432 of IPC general pollution
caused by mischief can be controlled as the same is possible.

2. Code of criminal procedure 1973.

Section 133-144: deal with prevention and control of public

nuisance, causing air, water and noise pollution. They also provide most
effective and speedy remedy.

Under sec.163 Cr.P.C a district magistrate or sub divisional

magistrate or executive magistrate, on receipt of report from police

officer on receipt of any other information can make a conditional under

to remove the public nuisance causing pollution. He can also make the
conditional order absolute and if any person fails to comply with the
order he can be punished under sec. 188 of IPC.

Ratlam Municipal council Vs. Vardichand, AIR 1980 se 1622

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The effluents from an alcohol plant, the dirty habits of slum

dwellers the open drainage system, etc. affected a residential locality

and hence the local residential people preferred a complaint in the

magistrate court for removal of the pollutants treating them as nuisance

under sec, 133 of CrPc. The magistrate court ordered in favor of the
local residential people. In the final appeal before the Supreme Court, it
held that the magistrate’s order was in order and that the plea of the
municipality that it had no money or finance to spend for removal of

these pollutants could not sustain and it had to stop/remove the

pollutants immediately and improve the sanitary conditions.

25. Explain the frame work of the water (prevention of control of

pollution) act 1974 Discuss the identified sources of water

pollution.

Introduction

Water is an important factor for life existence, It is a natural

resource. 70% of the globe is of sea water and more than 90% of the
total water is sea water and the less than 10% is fresh water which is
to be used for human beings.

Polluted water means, water which is contains foreign substances

which alter its seeds biologically chemical and physical properties
unless the water is pure and unpolluted it can not be used for human

consumption. In other words pollution of water in highly dangerous.

Effects of water pollution

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1. Water pollution by oils, suspended sediments, organic and

inorganic wastes reduce the oxygen levels in water and also affect
the photosynthetic rate of plants.

2. The pollution of drinking water causes serious health hazards

through diseases like dysentery, stomach problem, Jaundice and

other water bone diseases.

3. Discharge of acids and industrial wastes into water damages

properties either corrosive effects.

4. The water pollution also affects the recreational activities of man

as the water becomes unfit swimming and other water exercises.

Identified source of water pollution

1. Ground sources of water pollution

1. Ground waster pollution.

Ground water supposed to be unpolluted water. However the

underground sewage conditions pollute the water.

2. Domestic water pollution.

The waste water's organic & inorganic mixing, chemical missing

etc. affect the domestic water. In most of the pipe connections there is
mixing of sewage water due to overlapping of the of the pipe
connections.

3. Agricultural water pollution.

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The large amount of fertilizers used when get mixed with river

water disturb the water ecosystem. Further animal waste and

sediments affect the water used for agriculture.

4. Industrial water pollution.

The waste water of industries are dangerous than sewage waters.

The industrialized water contains raw materials process chemicals etc.
It may also contain acid waste and alkalis.

5. Reductive pollution

The radio active substances are highly toxic and produce major

health hazard.

6. Oil pollution

The navigable ships expel oils into the seawater and fresh water.

Most of the oil tankers when get damaged, in a sea accident,

pollute the sea water to the maximum not only it destroys the sea
animals but also causes water contamination in the port areas.

7. Land waste pollution.

The garbage from the house hold, rubbish waste, sewage,

chemical, points, explosives which are treated as land waste when get
dumped and disposed in ocean, there is water contamination.

8. Marine pollution

Marine pollution means pollution of aquatic and marine

environment. It includes both human sewage and other waster. The
most important pollution is oil.

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26. What measures have been taken to protect our wild life under

the wild life protection act 1972? How far these measures

effective?

Introduction

The wildlife act passed in 1972 to protect the wild life and their
habitats. The habitat destruction due to agriculture, industries,
urbanization and other human activities had led to the erosion of the

countries wild life. Wild life conservation aims to raise awareness

regarding the importance of wildlife and wilderness.

Provisional

1. Officers.

The central government appoints the following officers.

➢ Director of wild life preservation.

➢ Assistant Director of wild life preservation

➢ Other officers & employer

Wild life advisory board

State government also constitute the wild life advisory board

which consists of the following members.

1. The minister in charge of forest department.

2. Chief Secretary of the state government or union territory.

3. Two members of state legislature/ union territory.

4. Secretary in charge of forest department.

5. Chief conservator of forest.

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6. A nominated officer by the director of wild life preservation.

7. Chief wild life warden

The Board meets twice a year and has its own procedure for
regulation.

Duties

1. Selection of area for sanctuaries, national parks, game reserves

closed areas.

2. To formulate policies in granting licenses and permits.

3. Amendment of schedule.

4. Any other matter connected with the protection of wild life.

Hunting of wild animals

1. No person should hunt any wild animal specified in schedule-1

2. No person must hunt any wild animal specified in schedule II, III
and IV except as per conditions specified in a license granted to
him.

License to hunt wild animals.

1. Any person desiring to obtain a licensee must apply in the

prescribed from and pay prescribed fee to the chief wild life

wanden or any other authorized officer.

2. The application may be for all or any of the following kinds of

licensees.

➢ Special games hunting licenses

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➢ Big game hunting licenses

➢ Small game hunting licenses

➢ Wild animal hunting licenses

Permit for hunting wild and for special purposes

The chief wild life warden permit in writing with reasons any

person to hunt any animal schedule I or schedule II or schedule III or

schedule IV which has become dangerous to human life or has become
diseased or suffering from disease beyond recovery.

Restrictions on hunting

The will animals should not be hunted in the following methods.

1. By wheeled or mechanically propelled vehicle on water land or air

craft.

2. By using an aircraft or motor vehicle or launch.

3. By using chemicals, explosives, nets, pit falls poisons or poisoned

weapons

4. By any special game or big game other then using Rifle.

5. By setting fire to any vegetarian.

6. during hours of night.

7. during closed time.

8. with help of dogs.

27. Write a note on earth summit 1992

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Earth summit was the largest international conference in the

history of international law held at Rio de Janeiro from 3rd to 14th June
1992. 178 nations attended it. The need for the conference was due to

the fact that industrialized countries degrade the environment by high

consumption of resources and intense production of wastes and
developing countries put extra pressure on earth by reputation growth.

Preamble

1. To establish a new and equitable global partnership.

2. To work towards international agreements which respect the

interests of all and protect the integrity of the global

environmental and developmental system.

3. To recognize the integral and interdependent nature of the earth.

Principles.

1. Human beings are entitled to a healthy and productive life in

harmony with nature.

2. States have the sovereign right to exploit their own resources

pursuant to their own environmental and developmental policies

but should not cause damage to the environment of other states.

3. The right to development must be to equitably meet developmental

and environmental needs of present and future generations.

4. To achieve sustainable development environmental protection

constitute an integral part of the development process.

5. All states and all people co- operate in eradicating poverty.

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6. The special situation needs of developing countries shall be given

special priority.

7. To achieve sustainable development and a higher quality of life for

their people.

28. Explain with decided cases the concept of sustainable

development.

Introduction

Any development, whether economic, social or political must not

harm or affect the environmental interests. While development in
necessary. It should not be at the cost of environmental pollution the
development should be a continuous process for which natural

resources must be continuously in existence.

One generation should not totally exploit the natural resources,

which must be continuously kept for the benefit of future generations.

So the aim of sustainable development is the integration of

developmental activities and environmental protection.

In other words, development must persons both economical

sustainability and ecological sustainability. The development plans
must be such that it takes in to account the environmental factors also.

Definition

Sustainable development is development that meets the needs of

the present without compromising the ability of the future generations
to meet their own needs. The needs of the future generation is
essentially the needs of the future generation of the world's poor.

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Thus the social and economic development in terms of sustainable

development in terms of sustainable development in terms of

sustainable development means sustainability in all countries both

developed and developing sustainability in all development in a new

concept of economic growth. It involves progressive transformation of
economy & society. All policies must aim for sustainable development
in economic, social and ecological fields. All factors responsible for
preventing sustainable development like poverty etc., Must be

eradicated. The minerals oil, ores, etc., if used abundantly will reduce

the stock available for future generations. so minimum use of such non-

renewable sources must be made and alternative technologies to reduce

the use of such resouces must be found out.

Sustainable development is thus a process of change in which the

exploitation of resources the direction of investments the orientation of
technological and institutional changes are all in harmony and enhance

both current and the future potential to must human needs &

aspirations. Thus, the natural resources can be exploited by the present

generation with the adequate consideration of the rights of future
generation.

Principles of sustainable development

1. Inter generational equity

2. Use and conservation of natural resouces.

3. Environment protection.

4. The precautionary principle

5. The polluter pay principle

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6. Principle of liability to help & cooperate.

7. Poverty eradication.

8. Principle of public trust.

Care laws.

1. AP pollution control board Vs. M.V. Naidu

The apex court observed that where the state government makes
an attempt to balance the need of the environment and need of the

economic development, it would not be proper to prohibit it from doing

so. In such a case it would be safer to apply the ‘protective principle’
and the principle of polluter pays keeping in mind the principle of
sustainable development and the principle of intergenerational equity.

2. In the case of A Jagannath V. Union of India

That activities of the industries violate of this principle & of

environmental legislations must be discouraged (use of conservation of

natural resouces).

3. The supreme court in M.C. Mehta V.S. Kamalnath.

Observed that polluter pay principle has been recognized as

fundamental objective of government’s & environmental policy to

prevent and control pollution.

29. Briefly explain the common law concepts to check

environment pollution

Common law foundation for environmental actions based on

trespass, public nuisance, private nuisance and strict liability.

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One benefit to bringing environmental actions under the common

law is that it can be particularly effective incases of localized pollution

Damages awarded in common law suits are paid directly to the plaintiffs

when environment releases damages specific local red communication

common law action after the but way that private plaint can be mode

whole.

Common law doctrines also provide an important basis for

building effective policy overtime due to doctrines that afford case

decision precedential value and they judicial consistency in the

application of Environmental law in essential and aid in the

development of new environmental laws and policies.

Civil actions brought under the common law offer several benefits
but they are not accessible to everyone who may have potentially been

harmed by an Environmental release. A plaintiff must provide evidence

sufficient to show that the defendant & wrongful action caused act and

foreseeable harm to the plaintiff and must prove that he suffered deeply
recognized damages becuase of the defendant wrongful action caused
actual and foreseeable harm to the plaintiff and must prove that he

suffered legally recognized damages because of the defendant’s wrongful

action. There limitation have prevented may plaintiffs in Environmental

action from being able to recover but they also provide important
limitations on the type and nature of law suits that are eligible for review

in judicial courts.

Public and private nuisance

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Public and private nuisance law strikes a balance between

property owner's rights to use and enjoy their property and other
peoples rights to engage in lawful activities.

Strict liability for environment releases.

In some cases people are liable for their actions even without any
fault, negligence or intentionally wrongful conduct. where applied, that
the defendant caused the harm is enough to establish liability. Strict

liability is typically applied where a person harbors wild or dangerous

animals or engages in abnormally dangerous activities.

SLAPP suits.

Strategic lawsuits against public participation is a phrase

developed by legal scholars to describe the trend of law suits brought

by powerful entities to intimidate opponents. Corporate plaintiffs have
sometime bought SLAPP suits against environment organizations when

high profit development projects are on the line and environmental

impacts are a concern.

Conclusion

Sometimes plaintiff turn to the common law as a matter of

necessity rather than preference while there are several environmental

statutes designed to address various forms of pollution, statutory law is

highly specific and circumstantial the common law offers an

opportunity for remedy.

30. Discuss the rules of absolute liability with the help of decided
cases.

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It is a modern law of tort which means liability without fault i.e.

liability without intention or negligence. It is an exception to the rule of

common law liability. According to the rule of common law liability a

person is only liable for harm due to his intention or negligence and not
for other kind of harm which would be merely an inevitable accident.

The rule of absolute liability in simple words can be defined as the

rule of strict liability minus the exceptions in India, the rule of absolute
liability evolved in the case of M C Mehta Vs. Union of India. This is one

of the most land mark judgment which relates to the concept of absolute
liability.

The facts of the case are that some oleum gas leaked in a
particular area in Delhi from Industry. Due to leakage many people were
affected. The Apex court then evolved the rule of obsolete liability on the

rule of strict liability and stated that the defendant would be liable for
the damage caused without considering the exceptions to the strict

liability rule.

According to the rule of absolute liability if any person is employed

in an inherently dangerous or hazardous activity and if any harm is
caused to any harm is caused to any person due to any accident which
occurred during carrying out such inherently dangerous and hazardous

activity then the person who is carrying out such activity will be held
absolutely liable.

Case law

In M.C. Mehta V. Union of India

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The Supreme Court held that an enterprise engaged in a

hazardous or inherently dangerous activity is strictly and absolutely

liable for the harm resulting from the operation of such activity. Here,

even slight negligence may cause severe damage to a plaintiff and the
defendant may have to pay a huge amount as compensation.

31. Write a note on offences of government departments

Where an offence under this act has been committed by any

department of government, the head of the department shall be deemed

to be guilty of the offence and shall be liable to be proceeded against

and punished according.

Provided that nothing contained in this section shall render such

head of the department shall be deemed department liable to any
punishment if he proves that the offence was committed without his
knowledge or that the Exercised all due negligence to prevent the

commission of such offence.

2. Notwithstanding anything contained in sub section (i)

Where an offence under this act has been committed by a

department of Government and its proved that the offence has

committed by the consent of connivance of or is attribute to any neglect

on the part of any officer other than the head of the department such

officer shall also be deemed to the guilty of that offence and shall be

liable to be proceeded against and punished accordingly.

32. Write a note or transboundary pollution

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Trans boundary pollution is pollution which originates in one

country but by crossing the border through path ways of water or air is
able to cause damage to the environment in another country.

Long distance transport of airborne particular cause pollution and

damage by spreading from one place of the world to many other places

of the world.

For example:- the dust from the Gobi Desert of Mongolia travel for out

into the pacific ocean similarly the dust that pass over Japan from Asia

later collect in Hawali and Alaska.

The contamination of the arctic marine food web caused by

organochlorine compounds and leavy metals.

Heavy metals are produced mainly by smelting burning of fossil

fuels and waste incineration (burning) which are spread transboundary.

Joint task force on the health aspects of air pollution.

The joint task force on the health aspect of air pollution was
established in 1998 on to deal with long range transboundary air
pollution and to assess the health effects of such pollution.

Cases and treaties on transboundary pollution the earliest cases

and treaties in international environmental law were concerned with
instances of transboundary pollution.

The trial smelter arbitration case set a precedent in trans

boundary air pollution.

Types of trans boundary pollution

There are two type of trans boundary pollution namely

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➢ trans boundary river pollution &

➢ Pollution of transboundary ground water

The legal development in trans boundary pollution is concerned

with procedure obligations, failure of which, result in payment of

compensation to the affected nation and their people.

33. Explain in provisions relating to preventing control and

abatement of environmental pollution under the environment

protection act 1986

Section of the environment protection act. 1986 suggest that no

person in the country shall be carrying any of the activity or operation
in which there is a large emission of gasses or other substance which
may lead to excess environmental pollution.

Section -7 of the act provides certain standards that ought to be

maintained in which it is a must that no person is allowed to damage

the environment and if a person is found guilty for causing damage to

the environment by polluting the pollution pay principle.

Section -8 provides that any person who is handling the procedure safe
guards of the emission is to a very large extent or is apprehended
through an accident the person responsible for it is obliged to mitigate
from that place in order to reduce the environment pollution.

He is also required to give an intimation to the higher authorities

regarding the same and for that one receipt of remedies shall be
required to prevent or to mitigate the environmental pollution.

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In subsection (b) it is also provided that of a person willfully delays

or obstruct the person willfully delay designated by the central

government he will be change guilty under this act.

In case of the discharge of any environment pollutant occurs in

excess of prescribed standards such occurrence may be due to accident

of other unforeseen act or event.

Further such person is bound to take measure to reduce or

mitigate the environmental pollution. He must be also give information

and assistance to the concerned authorities ,who in turn take remedial

measures to prevent or mitigate environmental pollution.

The authorized officer has power to enter and inspect any place
for the purpose examining and testing any equipment, industrial plant,
record, register or document and make necessary seizures to prevent or
mitigate environmental pollution.

34. Discuss the powers and functions of the central pollution

control board for prevention and control of water pollution

under the water act.

The main function of central board is to promote cleanliness of

streams and wells in different areas of state.

Further it performs the following functions.

1. Advise the central government on matter regarding prevention and

control of water pollution.

2. Co- ordinate the activities of the state boards and resolve disputes
among them.

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3. Provide technical assistance and guidance to state boards and

sponsor investigation and research relating to water pollution.

4. Plan and organize the training of persons engaged in prevention,

control or abatement of water pollution.

5. Organize through mass media a comprehensive program

regarding water pollution.

6. To perform the functions of the state board if the state board has

failed to carry out the directions of the central board and such
failure has resulted in grave emergency and hence to interfere

public interest.

7. Collect compile and publish technical and statistical data relating

to water pollution.

8. Lay down the standards for a stream or well.

9. Plan and organize nation wide programme for the prevention and

control of water pollution.

10. Establish or recognize laboratories for analysis of water samples

of any sewage or trade effluent.

Powers of central pollution central board

1. It is empowered section 18 of the waters (prevention and control

of pollution) Act. 1974 to give directions to the state pollution control

boards.

2. It has powers to perform any of the functions of the state pollution

control board in case of non compliance by state board.

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3. It is empowered to issue directions under section 33 A water

(Prevention and control of pollution) Act. 1974 to direct the closure,

prohibition or regulation of any industry operation or process or the

stoppage or regulation of supply of electricity water or any other service.

35. Explain the constitutional remedies to check and control

pollution?

Refer first question.

1. Nuisance

2. Negligence

3. Trespass

4. Strict liability

5. Penal provision

36. Wrote a note on wet lands

Introduction

Wetlands are the areas where water is the prime factor that
determines the environment upper of flora and fame of the place. The

wetlands are mainly found where the water level is at pan with or near
the surface of the land of if the land is coverer by water.

Importance of wetlands

1. Water purification

2. Controlling carbon emission

3. Source of livelihood

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4. Source of food

5. Supports plants and animals communities.

6. provides recreational activities and tourism

7. Historical, scientific and cultural values.

8. Erosion check

9. Aesthetic appeal

10. grand water replenishment.

11. Combating climate changes.

Constitutional provisions for the wetland protection

➢ Article 21 of the constitution

➢ Article 48 -A of the constitution

➢ Article 51 (A) (g) of the constitution
➢ Article 31 A of the constitution

37. Explain the role of public interest litigation in environmental

protection.

Introduction

PIC stands for public interest litigation and as name suggests the
cases under this category are filed for the good of the society at large

due the public interest the concept of PIL in India was introduced in the

year 1979 where in the rights of under trial prisoners and the in human

conditions of the prisoner was discovred by the court in the case of

Hussainare.

Khetoon Vs. Union of India (1979 AIL 1364, 1979, SCR (3) 532)

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Justice P.N. Bhagwati played a major role in developing the

concept of PIC and a potent weapon was given in the hands of the people
in case there is a breach of a public duty which affect the public at large.

A PIL can be filed with respect to the environmental duration

under the following circumstances

➢ Causing environmental pollution in any form which is likely to

cause harm to the public.

➢ Causing violation of the basic Human rights of the poor by

disregarding them.
➢ Default in duty by the municipal corporation or the panchayats
like not taking proper case of the water and sanitation facilities in
the locality.
➢ It there is a conflict between the religion rights and the

environmental issue arises due to the same.

For example:-

Use of loud speaker in the temple or mosque creating noise

pollution.

The concept of PIL has not been mentioned in any statue or

regulation but can be considered as an innovation by way of Judicial
activism. Judiciary has played a major role in developing the scope this
litigation on a result of which the justice is several better land mark

cases where in PIL was filed are.

Land Mark cases where in PIL was filed are:

Vanshakthi and 4 others vs union of India & 11 others in this case

a PIL was filed in Bombay High Court in order to protect the remaining

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forests of Aarey situated in Mumbai which were to be cut for contraction

purpose many environments as well as the social activists opposed the

orders of the government and went to the court although the court

disregarded the contentions considering the facts and circumstance of

the cases.

Bombay environmental action group Vs. The state of Maharastra

and other.

In this case, the destruction of Mangrove in the state of

Maharashtra was in issue and a PIL was filed in this regard in the
Bombay High Court. Mangrove eco system forms an important part of
the habitat & hence, the court held that it is the obligation of the state
to restore these Mangrove areas and a committee was also formed in
order to look in to this matter.

38. What is green house effect? Discuss the consequences of

green house effect and global warming?

Introduction

The green effect is a natural phenomenon and is beneficial for us.

Certain gases in the atmosphere retain part of the thermal radiation

emitted by the earth's surface after being heated by the sun, this

maintains the planet's temperature at a level suitable for the

development of life. Human action through activities such as industry

intensive agriculture and livestock farming or transport. however, has

increased the presence of these gases in the atmosphere mainly carbon
dioxide and methane as a result of the burning of fossil fuels such as

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coal, oil or gas causing them to retain more heat and to increase the

temperature on the planet.

Consequences of the green house effect

The increase in the average temperature an earth's is changing

living conditions on the planet let's find out about the main
consequence of the phenomenon.

1. The wing a glacial masses

Glaciers retreat also has its own consequences reduced albedo-

the percentage of solar radiation that the earth's surface reflects or
retrains to the atmosphere a global rise in sea level and the release of
large methane columns are only some of them however, they are all

dramatic for the planet.

2. Flooding of islands and coastal cities

According to intergovernmental penal on climate change during

the period the global average sea level rose 19 centimeters. It is

estimated that by 2100 the sea level will be between 15 and 90
centimeters higher than it is now and will threaten 93 million people.

3. Hurricanes will be more devasting

The intensification of the green house effect does not cause these

extreme ultimate events, but it does increase there intensity.

Hurricanes formation are connected with sea temperature they only

form over waters that have a temperature of at least 26.51.c.

4. Migration of species

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Many animal species will be forced to migrate in order to survive

the changes in the main climatic patterns altered by the progressive

increase in temperatures. Human beings will also have to move

according to the world bank by 2050 the number of people forced to flu
their homes due to extreme floods could reach 140 million.

5. Desertification of fertile areas.

Global warming is having a profound impact on the process of soil

duration and is contributing to the desertification of areas an the planet.

6. Impact on agriculture and livestock

Global warming has already altered the length of the growing

season in large parts of the planet similarly changes in temperatures

and season are influencing the proliferation of insects’ invasive weeds

and dispense that can effect crops the same in happening with livestock

ultimate changes are directly affecting important superior multiple ways

reproduction diseases

39. How judiciary has responded to forest conservation? Refer to

decided cases.

1. In 1865 Indian forest act was enacted.

2. In 1894 forest policy was formulated. Again in 1952 national

forest policy was declared.

3. The Indian constitution Articles 48 (A) and 51 (A) deal with forest
48 (A) says that the state must endeavor to protect and to save the
forest and wild life of the country.

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4. Article 51 says that is must be the duty of every Indian to protect

and improve the natural environment including forest takes rivers

and wild life and to have compassion for living creatures.

5. The wild life protection act 1972 was passed to arrest the sharp

decline of wild life in forest.

6. The forest Act. 1980 was provided for conservation of forest.

7. National forest policy 1988

Case Laws

N Godavarman Vs. Union of India

This case was influential in forest conservation in India popularly

known as the forest case, and is the important Judicial intervention

concerning the administration of the forests. This case initially dealt

with addressing the issue of cutting the timber from the woods but later
other cases with similar nature were added to this case. The court

attempted to address and explain terms like forest and forest land. The
court relied on the information given by various commissions
committees and experts. Forest (Conservation) Act. 1950 was
reinterpreted and widened the scope at the term "forest which before
the Judgment only consisted of government declared forest irrespective
of whether thus had true cover or not and similarly many with good tree

covers were not considered as forest.

The center for environment law WWF Vs. Union of India & others.

The supreme court, though this Judgment took the power of the
central government and state government concerning deservation. Both

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Godavarman case & this case have made major changes in forest

management the following are the important conditions laid down in

this case.

➢ No national park, sanctuary or forest can be de reserved without

permission from the supreme court.

➢ Non forest activities are permitted only if they are approved by the
forests Act 1980.
➢ New authorities such as compensatory afforestation management,

planning agency & central committee were set up.

40. Discuss with decides cases the dimensions of articles 21 of

the Indian constitution in relation to environment.

According to article 21 of the constitution no person shall be

deprived of his life or personal liberty except according to procedure

established by law. Article 21 he received liberal interpretation from

time to time after the decision of the Supreme Court in Monika Gandhi

Vs. Union of Union India. Article 21 guarantees fundamental right to

life, Right to environment free of danger of disease and infection of
inherent it. Right to healthy environment is important attribute of right

to live with human dignity. The right to live in healthy constitution was

first recognized in the case rural litigation and entitlement Kendra Vs.
State AIR 1988. (Popularly known as Dehradun quarrying case) It is the
first case of this kind in India.

In M.C. Mehta Vs. Union of India AIR 1987

The supreme Court treated the right to live in pollution free

environment as a part of fundamental right to life under article 21 of
the constitution. Supreme court invoked Article 39 A in the case of M.H.

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Hostkot Vs. state of Maharashtra & ruled that According to article 21,

A prisoner who has indigence or legal disability, should be given free

legal aid where the purposes of Justice require such a service.

In the case of Subhash Kumar Vs. State of Bihar.

If any thing endangers or impairs that quality of life in derogation

of laws a citizen has recourse to article 32 of the constitution for
removing the pollution of water or air which may be detrimental to life

the court has stated that article 21 including the enjoyment of life as

for as the release of industrial pollution in to rivers is connected.

In case of Murali & Dcora Vs. Union of India

The contention was raised that smoking is injurious to health and

may affect the health of smokers but there is no reason that the health
of passive smoker should also be injuriously affected since article 21
guarantees that no one shall be deprived of their life it was held that it

would be in the interest of the citizens to prohibit smoking the public

places and the person indulging in smoking cannot be compelled to

passive smoking on account of the act of the smokers.

41 Write a note on class auctions.

Introduction

Class auction suits originated in United States in 1842 where

equity rule 48 gave the people the right to file such suit.

A class auction is lyrically filed when a large number of people

have suffered the same or a similar kind of injury A class action alloys
people to come together aggregate claims expert evidence and the legal

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fee together class auction helps the plaintiff in recovering costs which

may or may not be equal to the extent of injury that has been caused.
A class action suit goes on to prove that some practices or actions of a

certain individual or corporation or a class of respondents were illegal

or caused an unjustifiable legal injury and therefore payment of
compensation is in order. Class action suits ensure that a same of
Justice prevails.

Public interest litigation Indian judiciary invention to grant relief

especially for the marginalized community which have seen massive

popularity over the last 40 year also provides a possible avenue for a in

class auction the cause of action is almost the same for al parties but

only the quantum of compensation vary from parson to person

BY
ANIL KUMAR K T LLB COACH

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