Shri Jairambhai Patel Institute of Business Management & Computer

Application (SJPI)
Formerly known as National Institute of Cooperative Management (NICM)
Post Graduate Center of Gujarat Technological University-MBA
(Approved by All Indian Council for Technical Education, Govt of India, New
Delhi)

Subject Name: Legal Aspects of Business

Subject code: 4549281

Batch: 2021-23 Semester : IV

Submitted by:

Name of the student Roll no Enrollment no .

AKSHIT GUPTA A-68 217690592138
SUHASINI CHAVDA B-18 217690592124

Submitted to

Dr. Urvi Amin

Presentation topic: Environment Protection Act,1986

Environment Protection Act,1986
Introduction
The Environment (Protection) Act was enacted in the year 1986. It was enacted with the main
objective to provide the protection and improvement of environment and for matters
connected therewith. The Act is one of the most comprehensive legislations with a pretext to
protection and improvement of the environment. The Constitution of India also provides for
the protection of the environment. Article 48A of the Constitution specifies that the State
shall endeavour to protect and improve the environment and to safeguard the forests and
wildlife of the country. Article 51 A further provides that every citizen shall protect the
Environment.
Premises of the Act
It is now generally accepted that environment is threatened by a wide variety of human
activities ranging from the instinctive drive to reproduce its kind to the restless urge of
improving the standards of living, development of technological solutions to this end, the vast
amount of waste, both natural and chemical, that these advances produce. Paradoxically, this
urge to grow and develop, which was initially uncontrolled is now widely perceived to be
threatening as it results in the depletion of both living and non-living natural resources and
life support systems. The air, water, land, living creatures as well as the environment, in
general, is becoming polluted at an alarming rate that needs to be controlled and
curbed as soon as possible. The 1986 Act was enacted in this spirit.
From time to time various legislations have been enacted in India for this purpose. However,
all legislations prior to the 1986 Act have been specific relating to precise aspects of
environmental pollution. However, the 1986 Act was general legislation enacted under
Article 253 (Legislation for giving effect to international agreements. Notwithstanding
anything in the foregoing provisions of this Chapter, Parliament has the power to make any
law for the whole or any part of the territory of India for implementing any treaty, agreement
or convention with any other country or countries or any decision made at any international
conference, association or other bodies) of the Constitution, pursuant to the international
obligations of India.
India was a signatory to the Stockholm Conference of 1972 where the world community had
resolved to protect and enhance the environment. The United Nations conference on the
human environment, held in Stockholm in June 1972, proclaimed that “Man is both creator
and moulder of his environment, which gives him physical sustenance and affords him the
opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous
evolution of the human race on this planet, a stage has reached when through the rapid
acceleration of science and technology man has acquired the power to transform his
environment in countless ways and on an unprecedented scale. Both aspects of man’s
environment, the natural and man-made are essential to his well being and tothe enjoyment of
basic human rights even the right to life itself”. While several legislations such as The Water
(Prevention and Control of Pollution) Act, 1974 and The Air (Prevention and Control of
Pollution) Act, 1981 were enacted after the Conference, the need for general legislation had
become increasingly evident. The EPA was enacted so as to overcome this deficiency.

Types of environmental protection law:

1. Air and Water Quality Laws: Laws that regulate the quality of air and water by setting
mandatory standards to minimize pollution.

2. Hazardous Waste Laws: Laws that govern the proper handling, transportation, and disposal
of hazardous waste materials to minimize the risk of environmental harm.

3. Wildlife and Biodiversity Laws: Laws that protect endangered species and their habitats,
and regulate hunting and fishing practices.

4. Climate Change Laws: Laws that aim to reduce greenhouse gas emissions and address the
impacts of climate change.

5. Land Use and Development Laws: Laws that regulate the use of land and development
activities, and impose environmental requirements on building construction and land
development projects.

6. Energy Efficiency Laws: Laws that promote the efficient use of energy and the
development of renewable energy sources.
7. Environmental Impact Assessment Laws: Laws that require the assessment of the potential
environmental impact of proposed development projects before they are approved.

8. International Environmental Laws: Laws that promote international cooperation on

environmental issues, such as emissions reduction agreements and treaties on transboundary
pollution.

Definitions
Section 2 of the EPA deals with definitions. Some important definitions provided in the
Section are:
Section 2 (a) “Environment” includes water, air, and land and the interrelationship that exists
among and between water, air and land and human beings, other living creatures, plants,
micro-organism and property. This definition is not exhaustive but an inclusive one.
Section 2 (b) “Environmental Pollutant” means any solid, liquid or gaseous substance present
in such concentration as may be, or tend to be injurious to environment.
Section 2 (c) “Environmental Pollution” means the presence in the environment of any
environmental pollutant. This implies an imbalance in the environment. The materials or
substances when after mixing in air, water or land alters their properties in such manner, that
the very use of all or any of the air-water and land by man and any other living organism
becomes lethal and dangerous for health.
Section 2 (e) “Hazardous Substance” means any substance or preparation which, by reasons
of its chemical or Physico-chemical properties or handling, is liable to cause harm to human
beings, other living creatures, plants, micro-organism, property or environment.

Powers of Central Government to take measures to Protect and Improve

Environment
According to the provisions of the Act, the Central Government shall have the power to take
all such measures as it deems necessary or expedient for the purpose of protecting and
improving the quality of the environment and preventing controlling and abating
environmental pollution.
Such measures may include measures with respect to all or any of the following matters,
namely:
● co-ordination of actions by the State Governments, officers and other authorities- (a)
under this Act, or the rules made thereunder, or (b) under any other law for the time
being
● in force which is relatable to the objects of this Act.
● planning and execution of a nation-wide programme for the prevention, control and
abatement of environmental pollution;
● laying down standards for the quality of the environment in its various aspects;
● laying down standards for emission or discharge of environmental pollutants from
various sourcesnwhatsoever: Provided that different standards for emission or
discharge may be laid down under this clause from different sources having regard to
the quality or composition of the emission or discharge of environmental pollutants
from such sources;
● restriction of areas in which any industries, operations or processes or class of
industries, operations or processes shall not be carried out or shall be carried out
subject to
● certain safeguards;
● laying down procedures and safeguards for the prevention of accidents which may
cause environmental pollution andremedial measures for such accidents;
● laying down procedures and safeguards for the handling of hazardous substances;
● examination of such manufacturing processes, materials and substances as are likely
to cause environmental pollution;
● carrying out and sponsoring investigations and research relating to problems of
environmental pollution.
Fines and charges:

The Environmental Law Act provides for fines and charges as penalties for violation of its
provisions. These fines and charges vary depending on the nature of the violation and the
severity of the damages caused. Below are some of the fines and charges provided by the act:

1. Administrative penalties: This penalty applies to minor violations that do not result in
significant environmental harm. The penalties may range from warning letters, compliance
agreements, or directives to rectify the violation. The charges are at the discretion of the
enforcing agency.

2. Fines: This penalty applies to more significant violations that result in environmental harm.
The fine amounts depend on the type of violation and the level of the offense. The range of
fines may range from a few hundred dollars to millions of dollars. The act allows the courts
to impose fines that are proportionate to the benefits gained or losses avoided by the violator.

3. Restoration costs: This charge applies to those who cause environmental harm, causing the
land or water body to return to its original state. The cost of the cleanup may include the
removal of pollutants, extinguishing a fire, or restoring damaged property. The enforcing
agency estimates the costs and orders the responsible person to pay for the restoration.

4. Criminal charges: In severe cases, environmental violations may warrant criminal charges.
The act provides for imprisonment and heavy fines for individuals and companies who
indulge in environmental crimes such as dumping hazardous waste, illegal logging, or
unlicensed waste disposal. The charges may range from a few months to years in prison and
multi-million dollar fines.
Articles and Research Papers
Real Life Case

Case: 1
M.C. Mehta vs.Kamal Nath and Others:
Brief of the Case:
Span Motels Pvt. Ltd. was a private company owned by the owner of Span Resorts,
who had floated an ambitious project called Span Club. Mr. Kamal Nath (the Minister
of Environment and Forests) leased out 27.12 bighas of land to the Company for their
project, leading to the encroachment of the Beas river and the change of its course.
The Owners used bulldozers and earthmovers to protect the motel from floods due to
the river in future.

Analysis:
● The construction work of the Motel caused a lot of pollution and even diverted the
course of the river as stated in the facts.
● The lease deed granted to the Motel Company by the Government, lead to the
Company encroaching of 27.12 bighas of forest land.
● The court through the facts disclosed during the court hearing and submissions, said
that it would be true, that the said construction would be a serious act of
environmental degradation.
● The Public Trust Doctrine was first developed by the ancient Roman Empire and was
applied in this case. It states that certain resources, such as air, sea, waters and forests,
should be made freely available to everyone, rather than subject to private ownership
or commercial purposes. The doctrine enjoins the Government to protect the resources
for the enjoyment of the general public rather than to permit their use for private
ownership.

● The Court held that the Himachal Pradesh Government committed patent breach of
public trust by leasing ecologically fragile land to the Motels for commercial
purposes. The second lease granted in 1994 was virtually of the land which is a part of
the river-bed, and the board recommended deleasing of the area.
● The Government is responsible for protecting the Beas river, as it is a gift of nature
and the public is the beneficiary.

Judgment:
The Public Trust Doctrine is a part of the Laws of the Land, and the lease deed in favour of
the Motel was quashed. Cost of Restitution was charged to the Motel Company for the loss
caused to the environment and natural resources. The Motel was required to construct a
boundary wall at a distance of not more than 4 meters from the cluster of rooms towards the
river basin, and untreated effluent should not be discharged in the river. Span Motels was also
required to show why they shouldn't pay pollution fine, compliant with the polluter pays
principle.
Case:2
Subhash Kumar vs. State of Bihar and Others

Brief of the Case:

Subhash Kumar filed a Public Interest legal proceeding to prevent pollution of the
watercourse Bokaro from the discharge of sludge/slurry from Tata Iron & Steel Co.
washeries. The State Pollution control panel was recommended to examine trade effluents
and plants for the treatment of waste and to review information and specifications for the
treatment of water. The Petitioner alleged that the waste in various suspension is discharged
as effluent within the Bokaro watercourse from the washeries that get deposited on the bed of
the watercourse and settle on the land as well as Petitioner's land.
JUDGMENT:

The Court stated that the petitioner had a self-interest in the case and that Article 21 of the
Indian Constitution had been multiplied to incorporate people's right to measure with a
pollution-free setting. The Court directed the Petitioner to pay Rs.5,000.The existence of life
on earth depends on an harmonious relationship between the system and its surroundings.
Article 21 of the Indian Constitution provides for the enforcement of the Fundamental Rights
of a citizen by the Supreme Court. The Right to live is a fundamental right guaranteed under
Article 21, and a person cannot invoke Public Interest Litigation to satisfy their personal
grudge. Article 32 of the Indian Constitution provides for the enforcement of the
Fundamental Rights of a citizen by the Supreme Court.
Understanding of the topic
Environmental Protection Act (EPA) is a law designed to protect the environment and human
health from pollution and other harmful impacts. The act establishes a framework for
regulating the release of pollutants into the environment and sets standards for air, water, and
soil quality.
The EPA was enacted in the United States in 1970, and it has undergone several amendments
since then. Its primary goal is to prevent and control pollution by setting limits on the amount
of pollutants that can be released into the environment. The EPA also promotes the use of
pollution prevention techniques and encourages the development of cleaner technologies.
The EPA has several key provisions, including provisions for air pollution control, water
pollution control, and hazardous waste management. The air pollution control provisions
establish limits on emissions of pollutants such as sulfur dioxide, nitrogen oxides, and
particulate matter. These provisions also require the use of pollution control technologies
such as catalytic converters and scrubbers to reduce emissions from industrial facilities.

The water pollution control provisions regulate the discharge of pollutants into rivers, lakes,
and other bodies of water. The EPA sets water quality standards for various pollutants and
establishes limits on the amount of these pollutants that can be discharged into the
environment. The EPA also regulates the management of stormwater runoff and the disposal
of wastewater.

The hazardous waste management provisions of the EPA regulate the generation,
transportation, treatment, storage, and disposal of hazardous waste. The act requires facilities
that generate hazardous waste to obtain permits and to follow strict procedures for handling
and disposing of these wastes. The EPA also regulates the cleanup of hazardous waste sites
and imposes liability on those responsible for releasing hazardous substances into the
environment. The EPA is enforced by several federal agencies, including the Environmental
Protection Agency and the Department of Justice. State and local governments also play a
role in enforcing the act, and citizens can bring lawsuits to enforce environmental laws.

In addition to its regulatory provisions, the EPA also has provisions for public participation
and environmental education. The act requires public notice and comment on proposed
regulations, and it provides for citizen suits to enforce environmental laws. The EPA also
provides funding for environmental education programs and research. Overall, the
Environmental Protection Act is a critical piece of legislation that has played a significant
role in protecting the environment and human health from the impacts of pollution. Its
provisions have helped to improve air and water quality, reduce hazardous waste, and
promote cleaner technologies. The EPA continues to be an important tool for addressing
environmental challenges, and it is likely to play an increasingly important role in addressing
climate change in the years ahead.
Some future aspects of environmental law may include:

1. Climate change regulation: Climate change is one of the most significant global
environmental issues of our time. Future environmental law is likely to focus on reducing
greenhouse gas emissions and transitioning towards renewable energy sources.

2. International cooperation: Environmental issues do not respect borders. International

cooperation will be necessary to address global environmental problems such as biodiversity
loss, air and water pollution, and plastic waste management.

3. Technological advancements: The rapid advancement of technology may enable new ways
to protect the environment. Future environmental laws will likely be more data-driven and
focus on using technology to enforce environmental regulations.

4. Corporate responsibility: Companies are accountable for environmental hazards that are
caused by their activities. Future environmental laws are likely to hold companies responsible
for minimizing their environmental impacts and adopting environmentally sustainable
practices.

5. Environmental justice: Environmental justice considers how environmental harms and

benefits are distributed among different groups. Future environmental laws will recognize
that some groups, such as Indigenous Peoples and marginalized communities, are
disproportionately affected by environmental hazards and aim to ensure equitable distribution
of environmental benefits and burdens.
New phase of Environment law:

Environmental law is constantly evolving and adapting to new challenges and concerns. One
current phase of environmental law is an increased focus on climate change and its impacts
on the environment and society. This has led to the development of new laws and regulations
aimed at reducing greenhouse gas emissions, promoting renewable energy sources, and
protecting vulnerable ecosystems and communities from the effects of climate change.

Another important development in environmental law is the recognition of the rights of

nature. This approach seeks to protect ecosystems and natural resources as legal entities with
their own inherent rights, rather than simply as resources to be exploited for human benefit.
Overall, the new phase of environmental law is characterized by a greater emphasis on
proactive measures to prevent environmental harm and promote sustainability, as well as a
recognition of the interconnectedness of environmental, social, and economic issues.
Conclusion
Environmental law is one of the most critical areas of law today, as it seeks to ensure that our
environment is protected and preserved for future generations. Environmental laws cover a
broad range of issues, including air and water quality, biodiversity, land use, and waste
disposal, among others. The goal of these laws is to regulate human activities that may have a
detrimental effect on the environment, balance economic and environmental concerns, and
promote sustainable development. Environmental law plays a crucial role in ensuring that
corporations and individuals alike abide by environmental regulations, and that they are held
accountable if they cause harm to the environment. Ultimately, environmental law seeks to
promote a healthy and sustainable planet for all living beings.
From time to time various legislations relating to protection of environment from specific
types of pollution have been passed by the Indian legislature. However, the Environment
(Protection) Act, 1986 is the most comprehensive act on the Indian statute book relating to
environment protection. It is a general legislation for the protection of environment. It was
enacted under Article 253 of the Constitution. The Environment (Protection) Act was enacted
in 1986 with the objective of providing for the protection and improvement of the
environment. It empowers the Central Government to establish authorities [under section
3(3)] charged with the mandate of preventing environmental pollution in all its forms and to
tackle specific environmental problems that are peculiar to different parts of the country. The
Act was last amended in 1991.
REFERENCES

● https://indiankanoon.org/doc/1646284/
● https://lawtimesjournal.in/subhash-kumar-vs-state-of-bihar-an
d-ors/
● https://legalaiddnlu.wordpress.com/2020/07/01/subhash-kuma
r-vs-state-of-bihar-and-ors/