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University Roll Number: L13/LLB/203043

Registration Number: 024204 of 1981-82
Name of the Examination: 3 year LL.B Examination
Year: 2021
Semester: 3rd Semester
Subject: Environmental Law
Paper No: Paper - V
Date of Examination: 19th January, 2022

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1. Discuss the U.N Conference on Human Environment, Stockholm, 1972.

Introduction: In 1968-1969, by resolutions 2398 and 2581, the general assembly decided to
conduct the conference in Stockholm in 1972 on a global level where all countries could take
part in. The main principle of the Stockholm declaration was “to serve as a practical means to
encourage and to provide guidelines to protect and improve the human environment and to
remedy and prevent its impairment”. The conference’s preparatory committee had worked on
the declaration in 1971 with the actual drafting of the text allocated to an intergovernmental
working group.

The UN Conference on Human environment held in Stockholm from June 5 to June 16, 1972
may rightly be reckoned as the first major attempt to solve the Global problems of conservation
and regulation of human environment by international agreement on a universal level. It
mobilized and concentrated the attention of the international co-operation for environmental
conservation.

Contribution of Stockholm Conference: The main contribution of the Stockholm Conference

of 1972 on the Human Environment comprises of:

a) The Declaration on the Human Environment

b) The action plan for the Human Environment
c) The Resolution on the Institutional Financial Arrangements
d) Resolution on Designation of World Environment Day
e) Resolution on Nuclear Weapon Tests
f) Resolution on convening of a second conference
g) Decisions to refer to Governments recommendations for action at the national level.

India was also one signatory to the resolutions passed at this conference.

The Declaration on the Human Environment: Contained in the Section I of the Report of the
United Nations Conference on the Human Environment is one of the most significant
achievements of the U.N. Conference on Human Environment, 1972.

The Declaration is divided in two parts—first part includes seven truths about man in relation
to his environment and part two enunciates 26 principles.

The First Part contains general observations such as that man is both creature and moulder of his
environment which gives him physical sustenance and affords him the opportunity for

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intellectual, moral, social and spiritual growth. The protection and improvement of the human
environment is a major issue affecting the well being of peoples and economic development
throughout the world.

It is the urgent desire of the peoples of the whole world and duty of all governments in the
developing countries to appreciate most of the environmental problem that are caused by under
development, the natural growth of population continuously present problems of the preservation
of the environment and adequate policies and measures as appropriate to face these problems and
a point has been reached in history when we must shape our actions through the world with a
more prudent case for their environmental consequences.

The Principles of the Stockholm Declaration: Part – II of the Declaration contains following
principles.

Right to Protect Environment: Principle 1 which is of general nature states that man has the
fundamental right to freedom, equality and adequate conditions of life, environment of a quality
that permits life of dignity and well-being and bears a solemn responsibility to protect and
improve the environment for present and future generations. (Principle -1)

Principle – 2: Management of Natural Resources – It states that the natural resources of the
earth including the air, water, land, flora and fauna and especially representative samples of
natural ecosystems must be safeguarded for the present and future generations through careful
planning or management as appropriate.

Principle 3: Management of Renewable Resources: The capacity of the earth to produce vital
renewable resources must be maintained and wherever practicable restored or improved

Principle 4: Conservation of Wildlife: The humans shall take it as a responsibility to safeguard

and manage the heritage of wildlife and its habitat, which are now in danger because of the acts
done by them.

Principle 5: Management of Non-Renewable Resources: The non-renewable resources must

be employed in a way as to guard against the danger of their future exhaustion and to ensure that
benefits from such employment are shared by all.

Principle 6: Pollution Control: The discharge of toxic substances or of other substances and the
release of heat, in such quantities or concentrations as to exceed the capacity of the environment
to render them must be halted in order to ensure that serious or irreversible damage is not

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inflicted upon ecosystems. The just struggle of the people of all countries against pollution
should he supported.

Principle 7: Prevention of Pollution of Seas: States shall take all possible steps to prevent
pollution of the seas by substances which are liable to create hazards to human health, to harm
living resources and marine life, to damage amenities or to interfere with other legitimate uses of
the sea.

Principle 8: Economic and Social Development: Economic and social development is essential
for ensuring a favourable living and working environment for man and for creating conditions on
earth that are necessary for the improvement of the quality of life.

Principle 9: Underdevelopment and Natural Disaster: Environmental deficiencies generated

by the conditions of under-development and natural disasters can best be remedied by the
transfer of substantial quantities of financial and technological assistance.

Principle 10: Stability of Prices of Primary Commodities: For the developing countries,
stability of prices and adequate earnings for primary commodities and raw materials are essential
to environmental management.

Principle 11: Environmental Policies: The government should introduce some environmental
policies for controlling pollution and for the development of countries so that pollution does not
affect the present and future generations. The State should adopt an integrated and coordinated
approach to developing such plans.

Principle 12: Resources should be made available to preserve and improve the environment.

Principle 13: Rational Management of Resources: In order to achieve rational management of

resources, States should adopt an integrated and coordinated approach to their development
planning.

Principle 14: Rational Planning: Rational planning constitutes an essential tool for reconciling
any conflict between the needs of development and the need to protect and improve the
environment.

Principle 15: Human Settlement: Planning must be applied to human settlements and
urbanization with a view to avoiding adverse effects on the environment.

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Principle 16: Human Population: Demographic policies which are without prejudice to basic
human rights and which are deemed appropriate by Governments concerned should be applied in
those regions where the rate of population growth are likely to have adverse effects on the
environment.

Principle 17: Setting of Environmental Pollution Control Agencies at National Level: For
the purpose of saving the environment, the government must establish Environmental Pollution
Agencies at national level and shall grant them the power to control the pollution at the national
level. The agency must be established with proper planning and management to control the
pollution and protect the resources.

Principle 18: Use of Science and Technology: Science and technology must be applied to the
identification, avoidance and control of environmental risks and the solution of environmental
problems.

Principle 19: Education in Environmental Matters: Education in environmental matters is

essential in order to broaden the basis for an enlightened opinion and responsible conduct by
individuals, enterprises and communities in protecting and improving the environment in its full
human dimension.

Principle 20: Further Scientific Research: Scientific research and development in the context
of environmental problems, both national and multinational must be promoted in all countries,
especially the developing countries.

Principles 21 and 22 are particularly important for they proclaim certain principles of
International Law respecting environmental preservation. Principle 21 provides that States have,
in accordance with the Charter of the United Nations and the principles of International law the
sovereign right to exploit their own resources pursuant to their own environmental policies and
the responsibility to ensure that activities within their jurisdiction or control do not cause damage
to the environment of States or of areas beyond the limits of national jurisdiction.

According to Principle 22, "States shall co-operate to develop further the International Law
regarding liability and compensation for the victims of pollution and other environmental
damage caused by activities within the jurisdiction or control of such States to areas beyond their
jurisdiction." These two principles (Principles 21 and 22) represent "the most significant
consensus that has been reached in the field of International co-operation among States
respecting environmental preservation).
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Principle 23: Implementation of Agenda by Every Country: to consider the systems of values
prevailing in each country, and the extent of the applicability of standards which are valid for the
most advanced countries but which may be inappropriate and of unwarranted social cost for the
developing countries.

Principle 24: International Cooperation: International matters concerning the protection and
improvement of the environment should be handled in a cooperative spirit by all countries, big
and small, on an equal footing.
Principle 25: Coordinated and Dynamic Role: States shall ensure that international
organizations play a coordinated, efficient and dynamic role for the protection and improvement
of the environment.

Principle 26: Ban on Nuclear Weapons: states that man and his environment must be spared
the effects of nuclear weapons and all other means of mass destruction. States must strive to
reach prompt agreement in the relevant international organs, on the elimination and complete
destruction of such weapons.

The action plan for the Human Environment: The broad types of action that make up the plan
are (a) the global environmental assessment programme (Earth watch); (b) Environmental
management activities; and (c) International measure to support the national and International
actions of assessment and management.

Effectiveness of Stockholm Declaration: he Declaration proclaims that the human are both the
creature as well as the moulder of the environment and it gives them physical sustenance and
affords the opportunity for intellectual, moral, social and spiritual growth. The purpose behind
holding this Stockholm declaration was to emphasize various nations and to make the citizens of
nations aware of the environmental issues which affect the well-being of people and economic
development throughout the world. It is the responsibility of every nation and every person to
come up with some necessary measures for management and planning in order to save our
environment which is badly polluted today because of the acts we do in our daily routines which
are harming our environment. To achieve such a goal of a pollution free environment, every
citizen of every country must contribute towards it by putting their common efforts. Humans
should know their responsibilities towards nature and must act accordingly.

Conclusion: The conference emphasizes various nations to come up with innovative plans in
order to lower the air, water and land pollution. The declaration was made to achieve

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environmental goals, to live in a pollution-free environment, save the earth from every type of
abuse against the environment and the slogan of the declaration was also “Only One Earth”.

Q-2: Discuss the U.N Conference on Environment and Development, Rio-de-Janeiro, 1992.

Introduction: There has been a massive change in Earth’s climate and our environment has
undoubtedly suffered a lot due to the fact that humans have exploited nature without any
consideration. The United Nations finally acknowledged the global warming in 1990 and came
up with the Kyoto Protocol and in the year 1992, the United Nations opted for sustainable
development so they came up with a conference which was called the Rio Declaration. In this
article, we will take a look at the various provisions and measures that were laid down in these
conferences.

The Earth Summit: The Earth Summit or United Nations Conference on Environment and
Development (UNCED) was held at Rio de Janeiro, Capital of Brazil, from June 3 to June 12,
1992. It was the largest International conference in the history of International relations and
International Law. It was attended by 178 nations. More than 20,000 participants attended the
conference. The plenary session was attended by 130 heads of State and Government.

The Earth Summit is the culmination of series of UN conferences beginning with the Stockholm
Conference on Human Environment in 1972. Industrialized countries degrade the environment
by insatiable consumption of resources and intense production Of wastes, while high fertility and
rapid population growth in many developing countries put damaging pressure on the planet
combined, such human demands are undermining the world's natural resources base, land, water,
and air upon which all development depends. These issues are, therefore, not only environmental
but also economic.

Main Issues of Earth Summit: Some of the main issues confronting the Earth Summit or
UNCED were finances (i.e., who will pay for the cleaning of the world); technology transfer,
institutional framework, climate change, forests biological diversity and sustainable
development. Six issues on which North and South expressed divergent views were Greenhouse
gas emission, Forests population, Technology transfer, Finance and Degradation. Besides the
main issue of funding environmental programmes outline in Agenda 21, other major
achievements of the UNCED include a convention on Biodiversity, a convention on climate
change, a convention on forestry, and Earth Charter or Rio-Declaration.

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The Preamble of Rio-Declaration: The preamble puts explicit reference on the fact that the text
represents to a large extent, an attempt to balance the concerns of both Northern and Southern
countries. Far from a perfect text, each side achieved success in enshrining those specific
principles that are of particular importance to their respective political agenda’s. The developing
counties were able to obtain agreement around those key principles that will hopefully support
their own economic development.

These include concepts such as: the eradication of poverty as an indispensable component for
sustainable development; recognition of the special needs of developing countries, and
promotion of a supportive and open international economic system. The countries with
economies in transition (the former USSR, and the countries in Central and Eastern Europe)
acknowledged the public trust doctrine. The industrialized, free market economy countries
introduced in the Rio Declaration the most liberal economic principles such as the polluter pays
and the user pays principles.
Rio-Declaration Principles: Rio-Declaration contains 27 principles or points concerning almost
all countries of the global community and enlisting general rights and obligations on
environmental protection. The principles of Rio-Declaration are as follows:

 Human beings are at the centre of concerns for sustainable development. They are
entitled to healthy and productive life in harmony with nature (Principle 1).
 States have, in accordance with the charter of the United Nations and the principles of
International Law, the sovereign right to exploit their own resources pursuant to their
own environmental policies and the responsibility to ensure that activities within their
jurisdiction or control do not cause damage to the environment of other States or areas
beyond the limits of national jurisdiction (Principle 2).
 The right to development must be fulfilled as to equitably meet environmental needs of
present and future generations (Principles 3).
 In order to achieve sustainable developments, environmental protection, shall constitute
an integral part of the development process and cannot be considered in isolation from it
(Principle 4).
 All States and all people shall cooperate in the essential task of eradicating poverty as an
indispensable requirement for sustainable development, in order to decrease the
disparities in standards of living and better meet the needs of the majority of the people
of the world. (Principle 5)
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 The special situation and needs of developing countries, particularly the least developed
and those most environmentally vulnerable, shall be given special priority. International
actions in the field of environment and development should also address the interests and
needs of all countries. (Principle 6).
 States shall co-operate in a spirit of global partnership to conserve protect and restore the
health and integrity of the earth's ecosystems (Principle 7).
 To achieve sustainable development and a higher quality of life for all people, States
should reduce and eliminate unsustainable patterns of production and consumption and
promote appropriate demographic policies. (Principle 8)
 States should cooperate to strengthen endogenous capacity-building for sustainable
development by improving scientific understanding through exchanges of scientific and
technological knowledge, and by enhancing the development, adaptation, diffusion and
transfer of technologies, including new and innovative technologies (Principle 9).
 Environmental issues are best handled with the participation of all concerned citizens at
the relevant level. At the national level, each individual shall have appropriate access to
information concerning the environment that is held by public authorities, including
information concerning the environment, including information on hazardous materials
and activities in their communities, and the opportunity to participate in decision making
processes. States shall facilitate and encourage public awareness and participation by
making information widely available. Effective access to judicial and administrative
proceedings, including redress and remedy, shall be provided (Principle 10).
 States shall enact effective environmental legislation, environmental standards,
management objectives and priorities should reflect the environmental and
developmental context to which they apply (Principle 11).
 States should cooperate to promote a supportive and open international economic system
that would lead to economic growth and sustainable development in all countries, to
better address the problems of environmental degradation (Principle 12).
 States shall develop national law regarding liability and compensation for the victims or
pollution and other environmental damages. States shall also co-operate in an expeditious
and more determined manner to develop further International Law regarding liability and
compensation for adverse effects of environmental damage caused by activities within
their jurisdiction or control to areas beyond their jurisdiction (Principle 13).

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 States should effectively cooperate to discourage or prevent the relocation and transfer to
other States of any activities and substances that cause severe environmental degradation
or are found to be harmful to human health (Principle 14).
 In order to protect the environment, the precautionary approach shall be widely applied
by States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation. (Principle 15)
 National authorities should endeavour to promote the internalization of environmental
costs and the use of economic instruments, taking into account the approach that the
polluter should, in principle, bear the cost of pollution, with due regard to the public
interest and without distorting international trade and investment (Principle 16).
 Environmental impact assessment, as a national Instrument shall be undertaken for
proposed activities that are likely to have a significant adverse impact on the environment
and are subject to a decision of a competent national authority (Principle 17).
 States shall immediately notify other States of any natural disasters or other emergencies
that are likely to produce sudden harmful effects on the environment of those States.
Every effort shall be made by the international community to help States so afflicted.
(Principle 18)
 States shall provide prior and timely notification and relevant information to potentially
affected states on activities that may have a significant adverse trans-boundary
environmental effect (Principle 19).
 Women have a vital role in environmental management and development. Their full
participation is therefore essential to achieve sustainable development. (Principle 20)
 The creativity, ideals and courage of the youth of the world should be mobilized to forge
a global partnership in order to achieve sustainable development and ensure a better
future for all. (Principle 21)
 Indigenous people and their communities and other local communities have a vital role in
environmental management and development because of their knowledge and traditional
practices. States should recognize and duly support their identity, culture and interests
and enable their effective participation in the achievement of sustainable development.
(Principle 22).

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 The environment and natural resources of people under oppression, domination and
occupation shall be protected. (Principle 23)
 Warfare is inherently destructive of sustainable development. States shall therefore
respect international law providing protection for the environment in times of armed
conflict and cooperate in its further development, as necessary. (Principle 24)
 Peace, development and environmental protection are interdependent and indivisible.
(Principle 25)
 States shall resolve all their environmental disputes peacefully and by appropriate means
in accordance with the Charter of the United Nations. (Principle 26)
 States and people shall cooperate in good faith and in a spirit of partnership in the
fulfilment of the principles embodied in this Declaration and in the further development
of international law in the field of sustainable development. (Principle 26)

Thus the road from Rio is pointing in the direction of hope, it is for the nations— both the
developed and the developing to bring it to fruition so as to ensure the world, safe for the present
and future generations.

The Precautionary Principle: The “precautionary principle” has been incorporated in

Principle 15, according to which where there are threats of serious or irreversible damage, lack
of full scientific certainty shall not be used as a reason for postponing cost effective measures to
prevent environmental degradation. The main purpose of the “precautionary principle” is to
ensure that a substance or activity posing a threat to the environment is prevented from adversely
affecting the environment, even if there is no conclusive scientific proof of linking that particular
substance or activity to environmental damage. The word “substance” and “activity” imply
substances and activities introduced as a result of human intervention. In Vellore Citizens
Welfare Forum v. Union of India and Andhra Pradesh Pollution Control Board v. MV
Nayudu, the Supreme Court applied the precautionary principle directly to the facts of the
cases.

The application of precautionary principle is not always very easy or in a straitjacket. If an

activity is allowed to go ahead, there may be irreversible or irreparable damage to the
environment and if it is stopped, there may be irreparable damage to the economic interests. In
case of doubt, however, protection of environment would have precedence over the economic
interest.

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The Polluter Pays Principle: The “Polluter pays Principle” has been incorporated in
Principle 16, which provides that national authorities should endeavour to promote the
internationalization of environmental costs and the use of economic instruments, taking into
account the approach that the polluter should, in principle, bear the cost of pollution, with due
regard to the public interest and without distorting international trade and investment.

The principle was applied in several cases by the Supreme Court: a) Research Foundation for
Science v. Union of India, b) Enviro-Legal Action v. Union of India, c) Sterlite Industries
(India) Ltd. v. Union of India.

Conclusion: The 1992 Rio Declaration on Environment and Development defines the rights of
the people to be involved in the development of their economies, and the responsibilities of
human beings to safeguard the common environment. The principles of environment attempts to
maintain a balance between development and the environment. It promotes inter-generational
equity, i.e. better quality of life for present and future generations. The benefit from development
ought to be equated with the impact on the environment for such development. While
development is important or in fact necessary, the impact on the environment ought to be studied
before undertaking such development. The basic concept of these principles to achieve
sustainable development and aims to maintain a balance between economic advancement while
protecting the environment in order to meet the needs of the present as well as future
generations. Therefore the principles play an important role in protection of environment and to
achieve sustainable development.

Q-4: Discuss protection of environment under Article21 of the Constitution of India.

Introduction: The constitution of India is not an inert but a living document which evolves and
grows with time. The specific provisions on environment protection in the constitution are also
result of this evolving nature and growth potential of the fundamental law of the land. The
preamble to our constitution ensures socialist pattern of the society and dignity of the individual.
Decent standard of living and pollution free environment is inherent in this. The Environment
(Protection) Act, 1986 defines environment as “environment includes water, air and land and the
interrelationship which exists among and between air, water and land and human beings, other
living creatures, plants, micro-organism and property”.

The chapter on fundamental duties of the Indian Constitution clearly imposes duty on every
citizen to protect environment. Article 51-A (g), says that “It shall be duty of every citizen of

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India to protect and improve the natural environment including forests, lakes, rivers and wild life
and to have compassion for living creatures.”

Right to life and Environment Protection:

Article 21 of the constitution provides for the fundamental right of life. It states that no person
shall be deprived of his right to life or personal liberty except in accordance with procedures
established by law. The words “except in accordance with procedures established by law” can be
interpreted to mean that this provision is subject to exception and is regulated by law which
varies from case to case.

Since the provision begins with the word ‘no’ that is the reason it has been given a negative
impact. But post-Maneka period this provision has been given a positive interpretation and
positively casts a duty on the state to enforce the due implementation of this law.

Right to life includes the right to have a dignified life and also the bare necessities of life like
food, shelter, clean water and clothes. The right to live extends to having a decent and clean
environment in which individuals can live safely without any threat to their lives. An
environment shall be free from diseases and all sorts of infections.

This is crucial because the right to life can be fulfilled only when one lives in a clean, safe and
disease-free environment, otherwise granting such right would prove to be meaningless. This
aspect of Article 21 has been evidently discussed in the case of Rural Litigation and
Entitlement Kendra, Dehradun v. State of Uttar Pradesh, where the petitioner along with the
other citizens wrote to the supreme court expressing their views against the progressive mining
which denuded the Mussoorie hills of trees and forests and soil erosion. This lead to having an
adverse effect on the environment and resulted in landslides along with blockage of underground
water channels.

The registry was ordered by the Hon’ble supreme court to consider this letter as a writ filed
under article 32 of the Constitution.

An expert committee was appointed in this behalf by the Supreme Court to advise the Hon’ble
court with some technical issue. On the basis of the report provided by the expert committee, the
court provided the limestone quarries to be closed because it was infringing the right to life and
personal liberty. Quarrying operations lead to ecological degradation and air and water pollution,
which affected the lives of the people to a great extent.

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In L.K Koolwal v. State of Rajasthan and Ors, Rajasthan High Court held that maintaining the
quality of the environment, sanitation and health is covered under the purview of Article 21 of
the Constitution. Because non-compliance to do so can adversely affect the lives of many
citizens and slow poisoning along with reducing the life of a citizen.

In Charan Lal Sahu v. Union of India, it was held that the duty of the state is to take adequate
and effective steps for the enforcement and protection of Constitutional rights guaranteed under
Article 21, 48-A and 51-A(g).

In M.C Mehta v. Union of India, due to stone crushing activities in and around Delhi was
causing a huge problem of pollution in the environment. The court was conscious of the
inevitable consequences and the ecological problems caused due to the industrial activities in the
country. In the name of environmental development, it cannot be permitted to degrade the
quality of the ecology and increase different forms of pollution to the extent that it becomes a
health hazard to the lives of all the citizens. It was further held that citizens have a right to fresh
air and have a pollution-free environment in which they live.

Further, the scope of article 21 was broadened by the judiciary to include under its purview the
right to livelihood as well. It includes the right of citizens to earn their livelihood along with the
right to life. The wider interpretation of this article has proved to be beneficial in keeping a strict
check on the conduct and actions of the government in the context of measures taken by the
authorities to protect the environment. It is also beneficial in keeping a check on the activities of
the state which can have a massive impact on the environment, health of the individuals and
threat to the livelihood of poor.

Indian judiciary has been very conscious while dealing with the matters of development and the
environment protection to avoid the conflict between the two aspects.

In the famous Taj Mahal Case, ample of industries near Taj Trapezium Zone were using coke
and coal as an industrial fuel. These industries were ordered to be relocated to an alternative site
as provided under Agra Master Plan. The rights and duties of the workmen in the industries were
also specified by the court following the principle of sustainable development.

Further, in the case of Subhash Kumar v State of Bihar, again the apex court held that the right
to get pollution free water and air is a fundamental right under Article 21. Following this
decision, the right to pollution free environment was incorporated under the head of right to life

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and all the law courts within the Indian territory were bound to follow the same. This laid down
the foundation of environmental litigation in India.

Similarly, public health and ecology were held to be the priorities under Article 21 and the
constitution of a green bench was also ordered by the Supreme Court.

In the case of Ratlam Muncipality v Vardicharan, where the problem of pollution was due to
private polluters and haphazard town planning, it was held by the Supreme Court that pollution
free environment is an integral part of right to life under Article 21.

At local and village level also, Panchayats have been empowered under the constitution to take
measures such as soil conservation, water management, forestry and protection of the
environment and promotion of ecological aspect.

Conclusion: Environment protection is part of our cultural values and traditions. In

Atharvaveda, it has been said that “Man’s paradise is on earth; this living world is the beloved
place of all; It has the blessings of nature’s bounties; live in a lovely spirit”. Earth is our paradise
and it is our duty to protect our paradise. The constitution of India embodies the framework of
protection and preservation of nature without which life cannot be enjoyed. The knowledge of
constitutional provisions regarding environment protection is need of the day to bring greater
public participation, environmental awareness, environmental education and sensitize the people
to preserve ecology and environment.

Q-7: Explain the concept of Public Interest Litigation in protection of environment with the
help of case laws.

Introduction: According to Indian law, PIL means a mode of litigation which is carried out for
protection of public interest. This type of litigation is introduced in a court of law, where the
court itself takes cognizance or by any other private party and not by the aggrieved party. 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. These cases takes place when the victim
is devoid of necessary resources to initiate litigation or his freedom has been subdued or
infringed to move to the court. The court is empowered to take cognizance of the matter itself

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and can proceed by suo moto or cases can also be commenced by the petition filed by any
public-spirited individual.

What is PIL: Public interest litigation is not defined in any statute or in any act. It has been
interpreted by judges to consider the intent of public at large. Public interest Litigation (PIL)
means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution,
Terrorism, Road safety, Constructional hazards etc. Any matter where the interest of public at
large is affected can be redressed by filing a Public Interest Litigation in a court of law.

The seeds of the concept of public interest litigation were initially sown in India by Justice
Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai.

The first reported case of PIL was Hussainara Khatoon vs. State of Bihar (1979) that focused
on the inhuman conditions of prisons and under trial prisoners that led to the release of more than
40,000 under trial prisoners.

Who Can File a PIL and Against Whom - Any citizen can file a public case by filing a petition:

 Under Art 32 of the Indian Constitution, in the Supreme Court.

 Under Art 226 of the Indian Constitution, in the High Court.
 Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.

A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities,
and not any private party.

New Era of PIL: A new era of the PIL movement was heralded by Justice P.N. Bhagawati in
the case of S.P. Gupta v. Union of India. In this case it was held that “any member of the public
or social action group acting bonafide” can invoke the Writ Jurisdiction of the High Courts or the
Supreme Court seeking redressal against violation of a legal or constitutional right of persons
who due to social or economic or any other disability cannot approach the Court. By this
judgment PIL became a potent weapon for the enforcement of “public duties” which were
executed in action or misdeed resulted in public injury.

Role of PIL in Environment Protection: A predominant part of the existing environmental law
has developed in India through careful judicial thinking in the Supreme Court and the High
Courts. While exercising their powers under Article 32 and 226 of the Constitution of India, the
Supreme Court and the High Courts respectively, have played a pivotal role in interpreting
Article 21 for redressal of environmental grievances. The Courts have successfully evolved

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indigenous juristic techniques by incorporating various international doctrines relating to

environment for purposes of interpreting the Constitution and the Statutes, combined with a
liberal view towards ensuring social justice and the protection of human rights as a part of the
environmental jurisprudence of India.

The most characteristic feature of the Indian environmental law is the important role played by
the public interest litigation. A majority of the environment cases in India since 1985 have been
brought before the courts as writ petitions, normally by individuals acting on a pro bono basis.
Public interest litigation is a result of the relaxation of the locus standi rules. There was departure
from the “proof of injury” approach. This form is usually more efficient in dealing with
environmental cases, for the reason that these cases are concerned with the rights of the
community rather than the individual.

The judiciary looked into constitutional provisions to provide the court with the necessary
jurisdiction to address specific issues. Disputes that are normally matters of torts in other
common law jurisdictions are treated as cases pertaining to fundamental rights in India. Though
the fundamental rights enshrined in Part III of the Constitution of India do not specifically
mention environmental matters, but the courts have held that Article 21 of the Constitution of
India entitles citizens to invoke the writ jurisdictions of the Supreme Court and High Courts
under Articles 32 and 226 of the Constitution, respectively. These remedies have proven to be
powerful and expeditious tools for redressing environmental grievances because they provide for
direct access to the High Courts and the Supreme Court and eliminate the expense and delay of
normal appeals.

In India, in the past two and a half decades, environmental law has evolved at a fast pace
establishing a number of fundamental principles for its better implementation. A major share of
this innovation can be attributed to the Indian judiciary, particularly the higher judiciary
consisting of the Supreme Court of India, the High Courts of the States and now the National
Green Tribunal by incorporating various international doctrines relating to environment as part
of the environmental jurisprudence in India. The concept of PIL has therefore, facilitated access
to justice for all classes of the society, whether rich or poor, educated or illiterate, an individual
or an entire community, even an NGO.

The Indian Judiciary has upheld the doctrine of Public Trust. The orders and directions of the
Supreme Court and the High Courts at State level cover a wide range of areas be it air, water,

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solid waste or hazardous waste. The field covered is very vast such as – vehicular pollution,
pollution by industries, depletion of forests, illegal felling of trees, conservation of wild life,
dumping of hazardous waste, solid waste management, plastic degradation, pollution of rivers,
illegal mining etc. The list is unending. The Supreme Court has passed several orders for closure
of polluting industries and environmentally harmful aqua-farms, mandated cleaner fuel for
vehicles, stopped illegal mining activity, protected forests and preserved architectural treasures
like the Taj Mahal and prohibited construction activities in sensitive areas.

Case Laws in PIL: A plethora of PIL’s are filed regularly before the Supreme Court and the
High Courts and they have played a pivotal role in creating environmental jurisprudence.

Some landmark cases relating to preservation of the environment, which are as follows:-
1. Ratlam Municipal Council v. Vardhichand, (AIR 1980 SC 1622): Here, the Municipal
body of the city of Ratlam, had failed to perform its duty of ensuring establishment of a proper
drainage system on the grounds of paucity of funds, the Supreme Court had introduced the
concept of PIL for the first time and had observed that a responsible Municipal Council
constituted for the precise purpose of preserving public health, cannot escape from its primary
duty by pleading financial inability.

2. M. C. Mehta v. UOI,(AIR 1987 SC 1086): Here, an oleum gas leak at an industrial plant in
the capital city of Delhi in the year 1985 had led to the death of a person and had raised serious
health issues in the general populous. In this case, the Supreme Court had introduced the doctrine
of ‘Absolute Liability’ on the user of hazardous material, thereby eroding the possibility of the
offending party taking any defense to wriggle out of its accountability. This rule was evolved
from the established principle of ‘strict liability’.

3. Tarun Bharat Sangh, Alwar v. Union of India: (Sariska BioReserve) (AIR 1992 SC 514
and AIR 1993 SC 293), Here, a distinguished NGO had filed a PIL in the Supreme Court in the
year 1991, regarding large scale mining activities illegally sanctioned by the State Government
within the protected area that was steadily destroying the Tiger habitat and pushing them towards
virtual extinction. The Supreme Court directed the constitution of a Committee headed by a
retired Supreme Court Judge, (Justice M.L. Jain) to prepare a list of the mines within the
protected area and to ensure the enforcement of the notifications and the orders of the Court. It
prohibited all mining activities in Sariska National Park and the area notified as a Tiger Reserve.
In the year 1996, the Chief Justice of India established a permanent Forest Bench to deal with

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cases relating to environment and forest. In the year 2013, the Forest Bench was rechristened as
the “Green Bench” and it continues to oversee matters relating to Sanctuaries and National parks
as these matters do not fall within the jurisdiction of the National Green Tribunal.
4. Vellore Citizen Welfare Forum v. Union of India & others,((1996) 5 SCC 647): the
Supreme Court had invoked the ‘polluters pay’ principle. Here, the untreated effluents of
tanneries and industries were being directly discharged in river Palar that was the main source of
water supply to the residents of the city of Vellore in Tamil Nadu. The Supreme Court held that
the “absolute liability” principle for harm caused to the environment extends not only to
compensate the victims of pollution, but also covers the cost of restoring environmental
degradation.

5. Research Foundation for Science Technology and Natural Resources Policy v. UOI,
((2007) 8 SCC 583): In the year 2005, the petitioner had filed a PIL in the Supreme Court
invoking the fundamental rights of a citizen as enshrined in Article 21 of the Constitution of
India and asking for intervention when a French ship ‘Clemenceau’ had posed a threat to the
maritime environment at the Alang Shipbreaking Yard situated in the State of Gujarat. The
Supreme Court responded by issuing a direction denying access to the ship to make port at the
Alang Shipbreaking Yard for dismantling.

6. Him Privesh Environment Protection Society Vs. State of Himachal Pradesh through
Secretary Industries and Ors.: In the year 2010 petitions were filed before the High Court of
Himachal Pradesh, challenging the setting up of a Cement Plant by an Industrial House in
District Solan, H.P. alleging that the cement plant had been set up in total violation of the
environment laws, especially the EIA Notifications. The High Court had invoked the principle of
“polluter pays” and imposed damages on the Cement Plant owner to the tune of Rs.100 crores,
i.e., 25% of the total cost of the project. The aforesaid decision was challenged by the Cement
Plant owner before the Supreme Court but the appeal was dismissed in the year 2013.
Certain Weaknesses of PIL:

 PIL actions may sometimes give rise to the problem of competing rights. For instance,
when a court orders the closure of a polluting industry, the interests of the workmen and
their families who are deprived of their livelihood may not be taken into account by the
court.

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 It could lead to overburdening of courts with frivolous PILs by parties with vested
interests. PILs today have been appropriated for corporate, political and personal gains.
Today the PIL is no more limited to problems of the poor and the oppressed.
 Cases of Judicial Overreach by the Judiciary in the process of solving socio-economic or
environmental problems can take place through the PILs.
 PIL matters concerning the exploited and disadvantaged groups are pending for many
years. Inordinate delays in the disposal of PIL cases may render many leading judgments
merely of academic value.

Conclusion: In order to provide effective and expeditious disposal of cases pertaining to

environmental protection and forest conservation, the National Green Tribunal was established
in the year 2010. The National Tribunal Act, 2010, vests the Tribunal with jurisdiction over all
civil cases with respect to water, forest, air, environment and biological diversity, where a
substantial question relating to environment is involved. Appeals against the orders of National
Green Tribunal lie in the Supreme Court. The Indian judiciary has proved itself to be a strategic
partner in promoting environmental governance, upholding the rule of law and in ensuring a fair
balance between protection of the environment, social commitments and developmental
considerations of the country.

9. Discuss the salient features of National Green Tribunal Act, 2010.

Introduction: The environmental disputes are typical and complicated in nature so it requires an
expertise in different fields (like biology, sociology, economics, administration, management and
law etc.) to resolve the environmental matters in effective and expeditious manner which is not
possible with a regular judicial and administrative set up in India In other words, the
environmental disputes related to forest, biodiversity, air and water are complicated in nature to
resolve this type of problem and expeditious disposal of case is not possible without separate
special court. The necessity of environmental court has been long demanded for other reason that
the Indian judiciary is over burdened with a large number of pending cases. On this context, to
effective prevention and control of environmental pollution, there was an urgent need for a
separate environmental court to decide the case without much delay. 2 India is a party to the
united nation conference on the human environment popularly known as Stockholm Conference,
1972 has made significant declaration related to safeguarding of natural resources and to

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developing international law, to provide compensation for the victim of pollution and other
environmental degradation.

Rio-Declaration and NGT Act: The second United Nation Conference on the environmental
and development conducted at Rio-De-jenerio in 1992.India is also a signatory of this
declaration. This declaration states that, the participatory states must make suitable environment
legislation regarding with effective access to the peoples of country in judicial and administrative
proceeding including remedies.4 The Law Commission of India in its 186th report recommended
that the Union government should be establish and constitute Separate Environmental Court in
each state, to deal with complex scientific and specialized issue relating to environment. This
type of court manned only by the person having scientific qualification and experience in judicial
or legal field. Environmental court at the level of each state should be accessible to the litigants.
Environmental court should exercise original as well as appellate jurisdiction related to
substantial question of environment and in various other statutes.

Repealing of earlier Act: The Prominent jurist of the country also expressed the similar views.
To give effect of aforesaid declaration and recommendations and to provide for a separate
special court for effective and expeditious disposal of cases relating to environment, relief,
compensation, damages to the person or property ,the Indian parliament enacted the National
Green Tribunal Act, 2010. It has come into force on 2 June 2010. This Act has been repeal the
National Environment Tribunal Act, 1995 and the National Environment Appellate Authority
Act, 1997 and saving the all pending cases before the National environmental appellate
authority. This Act seek to amend in various enactment and added provision related to appeal
before NGT.

The Indian Apex court opined in MC Mehta v Union of India AIR (1987) Supreme Court
popularly known as Oleum Gas Leak case, that it would be desirable to have the setting up of
“environmental courts on the regional basis with a professional judge and two experts drawn
from the Ecological science research group.

Purpose and needs: The purpose and needs to establishing NGT are as follows:

 To settling question and disputes where a substantial question relating to environment is

involved.

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 To provide early and efficacious disposal of cases and also play twin purpose: Firstly,
litigant satisfaction and Secondly, sustainable development with the due protection of
environment.
 To provide affordable, accessible, quick and speedy justice in case relating to
environment conservation and protection at the grass root level.
 To provide compensation, damages, fine, relief to the person and property and restoration
of ecology accordance with the polluter pay principle, precautionary principle and
environmental doctrines.
 Its aim to establish to reduce the burden and pressure on the courts.
 Any other matters related to environment and ecology.

Salient features of NGT act 2010: This act provides an important definitions like: Accident,
environment, expert members, handling hazardous substance, injury, judicial member,
substantial question relating to environment. The Act seeks to establish specialized Green
Tribunal with five benches located at different regions in the country. The Central government
shall have power to establish tribunal according to this Act. From the date of establishment the
NGT is bound to hear complaints and settle dispute related to environment. While entertaining
with complaints and settle dispute it is neither bound to follow the procedure laid in the code of
civil procedure, 1908 nor bound by the rules of evidence contained in the Indian evidence act,
1872. But this Act allows to tribunal to follow the principle of natural justice.

Members of the Tribunal: The tribunal shall consist of a full time Chairperson and full time
judicial and expert member. Members of tribunal shall minimum 10 and maximum 20 in number
from each judicial and expert member.

The Chairperson, judicial members and expert members shall be appointed by central
government in consultation with the chief justice of India and the judicial members and expert
members shall be appointed on the recommendation of selection committee.

The term of office of chairperson, judicial member and expert members shall be five years or
retirement age, whichever is earlier, prescribed by this act.

The Tribunal shall have as the power of civil court to passing any order or decision or award.
While passing any order or decision or award, he must apply the principle of sustainable
development, the precautionary principle and the polluter pay principle.

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This Act also provides the appeal and review provisions .Any aggrieved person may appeal
before Supreme Court against the tribunals order or decision or award. The tribunal shall have
power to review its own decision.

The Tribunal shall have power to take cognizance of offence and impose penalty for failure to
comply with any order or award or decision.

Jurisdiction of NGT under the National Green Tribunal Act, 2010: The NGT Act provides
two types of jurisdiction namely,

1. Original jurisdiction

2. Appellate jurisdiction.

As per original jurisdiction the tribunal has jurisdiction of all civil cases where a substantial
question relating to environment (including enforcement of any legal right relating to
environment) involved and also question arises out of the implementation of Schedule-1.

Schedule-1 talks about following enactments namely;-

 The Water (Prevention and Control of Pollution) Act, 1974;

 The Water (Prevention and Control of Pollution) Cess Act, 1977;
 The Forest (Conservation) Act,
 The Air (Prevention and Control of Pollution) Act, 1981;
 The Environment (Protection) Act, 1986;
 The Public Liability Insurance Act, 1991;
 The Biological Diversity Act, 2002.

The Act mandates on the Tribunal to hear the dispute arising under section 14(1) and also settle
such dispute and pass order there on. But tribunal may adjudicate the dispute with in a period of
6 months from the date of which the cause of action first arose.

The tribunal shall also have appellate jurisdiction enactments given under Schedule-1 of this act.
As pre section 15 of this act, the relief, compensation and restitution, the tribunal may provide by
an order:

To the victims of pollution and other environmental damage arising under Schedule-1 (including
accident while handling any hazardous substance) of this act,

 For restitution of property damaged,

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 For restitution of environment for such area or areas; Subject to the discretion of
tribunal.

It is mandatory on tribunal, to pay and payable relief, compensation or restitution with addition
to the relief given under the Public liability insurance Act, 1961. The application for any relief,
compensation or restitution shall be ascertained by tribunal with in a period of 5 years from the
date on which the cause of such compensation or restitution first arise. On the satisfaction of
sufficient cause the tribunal may further extend 60 days to file the application.

Bar of jurisdiction: The Civil court shall not interfere with the appeallate jurisdiction of
tribunal, where the matter or question related to settling dispute or claim or relief or
compensation or restitution of property damaged or environmental damaged involved and which
may be adjudicated upon by the tribunal.

Powers and Proceedings of the Tribunal: The Tribunal is authorized to hear all disputes
arising from substantial questions relating environment and settle disputes and pass orders
therein, provided the application for adjudication of the dispute is made within a period of six
months from the date on which the cause of action for such dispute first arose. Tribunal may
allow it to be filed within a further period not exceeding sixty days. Under the Act, the
Proceedings before the Tribunal shall be deemed to be judicial proceedings.

Appeal to the Supreme Court: The Appeal may file before the Supreme Court against any
award or decision or order of the tribunal, by any aggrieved person within 90 days from the date
of communication of the award or decision or order of the tribunal on any grounds provided in
Section.100 of The code of civil procedure 1908. Further this act provide discretionary power of
supreme court related to appeal, after the expiration of aforesaid period (90 days) the supreme
court may entertain any appeal if satisfied by sufficient cause.

10 See, Sec. 14(1), sec. 2(m) provides inclusive definition of “substantial question relating to
environment”, it shall include direct violation of a specific statutory environmental obligation by
a person, by which the community at large other than an individual or group of individual is
affected, the gravity of damage to the environment or property is substantial and the damage to
public health is broadly measurable and also include the environmental consequences related to a
specific activity or a point source of pollution.

Conclusion: The Act is considered a critical step in capacity development because the Act
strengthens the framework of global environmental governance. The judiciary has been the
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backbone for developing a large body of environmental jurisprudence, even though policy
enforcement has been weak. A National Environment Protection Authority is also to be
established shortly to monitor the implementation of environment laws.

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