Environ Law 1 ALC Notes

ENVIRONMENTAL LAW

Table of Contents
ENVIRONMENTAL LAW ........................................................................................ 1
SYLLABUS ........................................................................................................... 3
UNIT 1: Environmental Law .................................................................................. 4
Definition: ................................................................................................................... 4
Pollution: .................................................................................................................... 4
Environment Audit ....................................................................................................... 4
Stockholm Declaration/Conference – 1972 ................................................................... 5
Water Pollution..............................................................................................................................5
Air Pollution ...................................................................................................................................6
Noise Pollution ..............................................................................................................................6
Global warming: ............................................................................................................................7
Reasons for the Global warming .....................................................................................................7
Ecology: ........................................................................................................................................7
Biomes:.........................................................................................................................................7
Biosphere: .....................................................................................................................................7
Protecting the Environment ............................................................................................................7
Stockholm Declaration 1972: .........................................................................................................8
N.D. Tiwari Committee 1980: .........................................................................................................8
CSR - Corporate Social Responsibility Sec - 135 of Company law .....................................................9
PIL- Public Interest Litigation ........................................................................................................ 10
Article 19(1)(g) - Right to practice any profession, occupation, Trade or business............................ 12
Directive principles- Article 47 and Article 48(A) ............................................................................ 14
Directive Principles Article 51: ...................................................................................................... 14

UNIT II: Common Law remedies ......................................................................... 16

Absolute Liability ......................................................................................................................... 16
Remedies for nuisance ................................................................................................................ 16
Trespass: .................................................................................................................................... 17
Section 133 - CRPC...................................................................................................................... 17
Injunction.................................................................................................................. 18
UNIT III: Preserving and Conserving ................................................................... 20
Forest Act – 1865 and 1980 ......................................................................................... 20
Wildlife Protection Act ( 1972 ) .................................................................................... 21
Prevention of Cruelty to Animals Act - 1960 Article 51 (A)g ........................................... 23
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 .................................................... 23
Hazardous Substance Act 2008 .................................................................................. 25
UNIT IV : Role of Judiciary ................................................................................. 30
Environmental law in India ......................................................................................... 30
Role of Judiciary in India Environmental Issues ........................................................... 32
Environment Law I Page 1 of 42 Venu Chennupati

The Public Trust Doctrine (PTD) .................................................................................. 33
Polluter Pays Principle (PPP) ...................................................................................... 34
UNIT V: International Environmental Regime ...................................................... 35
Articles related to environmental protection .............................................................. 35
Stockholm Declaration 1972 ...................................................................................... 37
CASE LIST ......................................................................................................... 41

SYLLABUS
Unit-I
The meaning and definition of environment – Ecology - Ecosystems-Biosphere - Biomes
– Ozone depletion - Global Warning - Climatic changes - Need for thepreservation,
conservation and protection of environment - Ancient Indian approach to environment-
Environmental degradation and pollution - Kinds,causes and effects of pollution
Unit-II
Common Law remedies against pollution - trespass, negligence, and theories of Strict
Liability & Absolute Liability - Relevant provisions of I.P.C. and Cr.P.C. and C.P.C.,
for the abatement of public nuisance in pollution cases - Remedies under Specific
Relief Act - Reliefs against smoke and noise - Noise Pollution.
Unit-III: The law relating to the preservation, conservation and protection of

forests, wild life and endangered species, marine life, coastal ecosystems and lakes
etc. - Prevention of cruelty towards animals - The law relating to prevention and
control of water pollution - Air Pollution - Law relating to environment protection
– Environment Protection Act, 1986: Biological Diversity Act, 2002: Hazardous Waster
(Management, Handing and Transboundary) Regulations etc, -Environment pollution
control mechanism -– National Environmental Tribunal and National Environmental
Appellate Authority- National Green Tribunal-Their powers and jurisdiction
Unit-IV: Art. 48A and Art. 51A(g) of the Constitution of India - Right to wholesome
environment - Right to development - Restriction on freedom of trade, profession,
occupation for the protection of environment – Immunity of Environment legislation
from judicial scrutiny(Art.31C) - Legislative powers of the Centre and State
Government - Writ jurisdiction - Role of Indian Judiciary in the evolution of
environmental jurisprudence – Role of green belt development purpose &advantage.
Unit-V International Environmental Regime - Transactional Pollution - State Liability

-Customary International Law - Liability of Multinational corporations/Companies
- Stockholm Declaration on Human Environment, 1972 - The role of UNEP forthe
protection of environment - Ramsar Convention 1971 – Bonn Convention (Migratory Birds)
1992 - Nairobi Convention, 1982 (CFCC) – Biodiversity Convention (Earth Summit), 1992
- Kyoto Protocol 1997, Johannesburg Convention 2002.
Suggested Readings:
1. Armin Rosencranz and Shyam Divan: Environmental Law and Policy in
India.
2. Manoj Kumar Sinha (Ed), Environmental Law and Enforcement: The
Contemporary Challenges, Indian Law Institute, New Delhi,2016.
3. A.Agarwal (Ed.): Legal Control of EnvironmentalPollution
4. Chetan Singh Mehta: Environmental Protection andLaw
5. V.K. Krishna Iyyer: Environment Pollution andLaw
6. Paras Diwan : Environmental Law and Policy inIndia,1991
7. Dr. N. MaheshwaraSwamy, Environmental Law, Asia Law House,
Hyderabad.
8. P.Leela Krishnan, Environmental law in India,LexisNexis.

Dec 11, 2023
UNIT 1: Environmental Law

Definition: Definition Given by the UK Environment Protection Act. The environment
consists of water and Land. It says natural & artificial are also included.
Indian Environment Protection Act 1986 Environment includes water, Air, Land and
human beings, other living creatures, plants, microorganisms and property.
Components of the Environment: living and non-living things are components. Living
Components are called BIOTIC. Non-living Components are called ABIOTIC. ABIOTIC has
three levels
Dec 12, 2023
Pollution: According to the UK Environment Protection Act, pollution means the

release of substances capable of causing harm to man or any living organism supporting
the environment.
Pollution is three types.
1. Natural pollution - - like volcanos, cyclones, earthquakes, tsunamis etc.
2. Manmade pollution - whatever pollution created by Man is called Manmade
Pollution
3. Environmental pollution means the presence of Environmental pollution in the
Environment
According to the Environment Pollution Act 1986 Section 2(c). The remedies for
pollution are
1. Natural Remedies
2. Man-made remedies.
Dec 13, 2023
Environment Audit
CASE 1 : GM Trail Smelter Arbitration Case 1896
The Trail Smelter Arbitration case was a lawsuit between the United States and Canada
over air pollution from a Canadian smelter. The case established basic rules for
international environmental law.
The Canadian Consolidated Mining and Smelting Company Limited operated a zinc and
lead smelter in Trail, British Columbia, about 10 miles north of the international
border with the State of Washington. This corporation increased the size of the
facility and, as a result, the capacity to smelt zinc and lead ores. Two enormous,

400-foot smokestacks were erected in 1925 and 1927, however. As a result, the amount
of sulphur released into the atmosphere increased. The quantity of sulphur emitted
from the facility on a monthly basis nearly quadrupled from what it was in 1924 over
the same time period.
The United States’ major worry was that the smelter’s sulphur dioxide emissions were
affecting the soil and trees of the Columbia River Valley, which were utilised for
logging, farming, and cattle grazing, which comprised the most important businesses
of that area. Yellow pines, Douglas firs, larch, and cedar were the most impacted
species. Alfalfa, wheat, and oat harvests were also affected.
The arbitration successfully imposed state responsibility for transnational air

pollution. This set precedence for no state being able to use their territories in
such a way that would cause harm to another territory by air pollution.
Auditing of Environment: Every Country, according to its space or area, has to

maintain the forest intact. By Hook or Cook, you have to maintain the forest then
only the rice & everything will yield in exact time. The environment will also be
calm and in Correct mode.
Stockholm Declaration/Conference – 1972

The Stockholm Declaration was adopted in 1972 at the United Nations Conference on
the Human Environment. The conference was held in Stockholm, Sweden, from June 5 to
16, 1972. The conference was the first global conference to focus on the environment
and marked the beginning of international environmental law
It was declared that need to protect the environment, protect the people from
pollution, and give much value to the environment then only we can live on earth for
a long time. Stockholm Declaration/Conference was conveyed to
- promote many agency programmes in the environment.
- Monitor agencies and environmental pollution all over the world.
Dec 14, 2023
Water Pollution
Case: M.C. Mehta Vs Union of India. AIR 1988 SC 1115 Ganga River Pollution
In 1987, Environmental lawyer and social activist M.C. Mehta filed a Public Interest
Litigation (PIL) in the Supreme Court of India against the Union of India. The case
was based on the discharge of trade effluents into the Ganga River. The case was
filed in response to a fire that burned in the river for more than 30 hours. The fire
was caused by a toxic layer of chemicals produced by a pharmaceutical firm.

While making its order the Court observed that on account of failure of authorities
to carry out these statutory duties for several years, the water in the River Ganga
at Kanpur had become so polluted that it could no longer be used by the people either
for drinking or bathing.
Air Pollution
Air pollution is not only factory Pollution, Traffic pollution, electricity pollution
also takes place in Air Pollution.
Ex: - Charging, Oven , fridge, A.C etc
Air Pollution is included in the Noise Pollution.
Ref Case: TRAIL SMELTER ARBITRATION - ( 1928): As discussed above
Dec 15, 2023
Noise Pollution
Noise pollution is unwanted or annoying sounds that can harm human hearing. It can
also be described as any disturbing sound that interferes with or harms human health
or wildlife.
Causes of Noise Pollution & Conditions

- Traffic: Traffic noise is the most polluting noise in cities.
- Air traffic: A single aircraft produces 130 dB.
- Construction sites
- Catering and nightlife
- Animals
- Industrialisation
- Events
- Loud music
- Electrical generators
- People
According to the Government, it has divided the areas into zones.

Residential zone means family living places.
Industrial Zone factory places.
Commercial Zone offices, etc.
Silent zone - Schools, Hospitals.
The loud speaker cannot be used in public except for obtaining permission from the
government.
Digging the road again & again for different department works. It's also noise
pollution and we have to take GHMC Permission.
Dec 16, 2023

Global warming: There has been a gradual increase in the earth's temperature
generally due to the greenhouse effect caused by increased levels of carbon dioxide,
and other pollutions.
Reasons for the Global warming
1. Greenhouse Effect: It is the process of heating the surface of the Earth till
the troposphere. Greenhouse gases include Methane, Nitrous Oxide, Carbon
dioxide and other chlorofluorocarbons(CFCs), etc.
2. Acid Rains: Industrial & automobile emissions & gasses reach the clouds &
mingle with water molecules in the clouds. This results in Acid Rain. It is
known to have harmful effects. on aquatic animals, plants and infrastructure.
3. Chloro fluoro gas: It damages the earth's ozone layer, Depletion of the
ozone layer will have a negative impact on the bio - diversity of the earth
itself .
4. Ozone: Ozone layer protects us from the ultra violet & radio activity of the
sun rays . Due to the ozone depletion , the sun rays are directly
penetrating to the earth . The Son rays layer Cause danger coithout filter
by the ozone and hazard to the earth .
Dec 18, 2023

Ecology: It is the study of the interrelationship of organisms with physical as well
as biotic environments.
Organisms & environment are interrelated and interdependent.
Any change in the environment affects the living organisms and vice versa.
An ecosystem is the structural & functional bis unit of ecology.
Biomes: The Community of plants & animals that occur naturally in an area, often
sharing Common characteristics Specific to that area.
Biosphere: It's defined as the region on, above, and below the Earth's surface where
life exists.
Dec 19, 2023
Protecting the Environment
Sustainable Development: The concept of sustainable development first emerged in the

1960s when environmentalists began debating the impact of economic growth on the
environment.
Sustainable development is a broad term that describes policies, projects, and

investments that provide benefits today without sacrificing environmental, social,
and personal health in the future

Stockholm Declaration 1972: The Stockholm Declaration was adopted in 1972 at the
United Nations Conference on the Human Environment. It was the first global conference
to focus on the environment and included 26 principles for managing the environment.
N.D. Tiwari Committee 1980:
In 1980, the Government of India formed a committee chaired by N.D. Tiwari. This
committee was influenced by the standards set at the Stockholm Conference of 1972,
which established new benchmarks for environmental protection among member countries.
Recognizing the need to address environmental concerns, the Central Government tasked
the Tiwari Committee with the responsibility of reviewing existing legislation and
administrative structures related to environmental protection. On September 15, 1981,
the committee submitted its report, which likely contained recommendations aimed at
enhancing environmental protection measures and ensuring compliance with
international standards.
Recommendations of the Tiwari Committee

- Land & Water Management.
- Natural Living Resources
- Environmental pollution & Environmental impact assessment
- Human Settlements
- Environment Education & awareness.
Other Suggestions
Many Laws are outdated exactly.
Many Laws are inconsistent and not sufficient.
Result : Environmental board was set up and pollution board was set up by the Central
Govt after the Tiwari Committee.
Recommended: Air pollution, water pollution, Land pollution. Increase the awareness
in people through NGOs and charitable institutions
India's Prime Minister at the time, Indira Gandhi, was the only foreign head of
government out of 113 nations in attendance. Her speech at the conference was ground-
breaking in that it linked environmental conservation with poverty reduction – one
of the key principles of the Sustainable Development Goals, or SDGs
Gro Harlem Brundtland Committee: The Brundtland Commission, also known as the World
Commission on Environment and Development (WCED), was chaired by Gro Harlem
Brundtland, the former Prime Minister of Norway. The commission's mandate was to:
- Re-examine environmental and developmental issues
- Propose concrete, realistic action plans to address these issues

- Strengthen international cooperation on environment and development
- Propose new forms of cooperation
This Six Recommendations to sustain for next future

1. Getting exo
2. Dealing with effects
3. Assessing Global risk
4. making informed Choices
5. Proving the legal meet future
6. Investing in our future
CASE 2 : Indian Council for enviro-legal Action vs Union of India:
The case Indian Council for Enviro-Legal Action v. Union of India and others involves
pollution caused by chemical factories in Bichhri Village, Rajasthan. The case was
filed in 1996 and emphasized the polluter pays principle. The court ruled that the
industries would have to deposit the penalty, along with compound interest. The Apex
Court ordered the factories to close and pay for remedial measures to restore the
soil and water.
CSR - Corporate Social Responsibility Sec - 135 of Company law
It is a business model by which companies make a Concerted effort to operate in ways

that enhance rather than degrade society and the environment. CSR can help improve
various aspects of society a positive brand image for as well as promote Companies
CASE 3 :Case: Society for protection of silent valley VS Union of India & others
Case was "people's movement against deforestation that came to fruition. This movement
helped prevent the destruction of a bio-diverse forest from a hydro - electric
project. Later all discussions and Seminars declared that in 1986 silent valley as
National Park, helping to environment.
In 1970, the Kerala state electricity Board hand Proposed a hydroelectric dam across
the Kunthipuzha River which encroached upon silent valley & which would submerge the
evergreen forest. The central Planning Commission approved the Govt. proceeds with
project
After a long fight, In 1979, the Government of Kerala passed legislation to protect
the Silent Valley and excluded the hydroelectric project area from the proposed
national park. The Silent Valley Movement was successful in preventing the
construction of the project, and in 1985 the Silent Valley was declared a national
park.

CASE 4 :Rural Litigation & Entitlement Kendra Versus state of U.P. R.L.EK Vs State
Of U.P.1985 AIR 652, 1985 SCR (3) 169
This case famously known as the " Dehradun valley litigation ". In Mussoorie hill
range of Himalayas, the activity of quarrying was being carried out. Limestone was
extracted by blasting out the hills with dynamite. This also resulted in cave-ins
and slumping because the mines dug deep into hill sides, which is an illegal practice
perse.
Due to lack of vegetation, many landslides occurred which killed villagers & destroyed
their homes, cattle & agricultural lands. In 1961, the state minister of mines
prohibited mining in the state. However, quarry operations reopened the mining
operations by successfully lobbying with the state's chief minister, under whom they
got mining leases for 20 years. This led to corrupt and illegal practices and still
no safety rules were enforced.
During the course of litigation in 1986, Parliament enacted the Environment Protection
Act. The Supreme Court Concluded that mining in reserved forest in the Dehradun
valley violated the Forest Conservation Act. Court issued orders that mine lessees
whose operations were terminated by the Court would be given property Priority for
leases in new areas for lime stone mining. Orders that ECO-Task Force of the central
department of Environment to reclaim & reforest the damages area by mining and that
workers displaced by mine closure be given priority for jobs with the Eco-Task force
operations in the region.
PIL- Public Interest Litigation
PIL Means litigation filed in a court of law, for the Protection of Public interest.
Any matter where interest of the public at large is affected can be the redressed by
filling a public interest litigation in a Court of law such as pollution, Terrorism,
Road safety, Constructional hazards, etc.
CASE 5 : M.C. Mehta Vs Union of India ( 1986) Oleum GAS Leak with Hazardous Substances
(1987 ) A IR 1086 63 - Decided on Feb - 17-1986
In the city of Kirti Nagar, Delhi, there was a privately owned fertiliser plant
called Shriram food and fertilisers Ltd., which was situated in a densely populated
area where around 2,00,00 people lived. Due to the plant's chemical processes, it
released hazardous substances, oleum gas, causing a public nuisance
The situation worsened when the factory collapsed two days after the leakage incident,
and there was another minor incident of oleum gas site leakage at the site.The Delhi
Magistrate ordered shriram food & fertiliser to stop manufacturing lethal substances
such as chlorine, Super chlorine, Oleum , phosphate and others

The Supreme Court passed that order for permitting Shriram to restart its power plant
as also plants for the manufacture of Caustic chlorine, including its by-products
like Sodium sulphate, hydrochloric acid, stable bleaching powder, super chlorine,
Sodium hypochlorite and vanaspati refined oil including its recovery plants
like Soap, glycerine & technical hard oil, but subject to certain Conditions which
should be Strictly and scrupulously followed by Shriram.
The Supreme Court made it clear that if at any time it is found that any one or more
of these Conditions are violated, the permission would be liable to be withdrawn.
Shriram responded on these Conditions and modification was sought in respect of these
conditions on the ground that compliance with the same would entail Certain
operational and practical difficulties.
CASE 6 : BHOPAL GAS LEAK DISASTER CASE
Facts: Union Carbide Corporation ( UCC ) has diverse & extensive international
operations in countries like India, Canada, West Asia, the far East, African
Countries, Latin America and Europe. It has a sister Concern known as Union Carbide
India Limited (UCIL)
On the night of 2/3-12-1984, the most dangerous gas, Methyl Isocyanate (MIC), was
leaked from a pesticide plant situated at Bhopal, belonging to the UCC. As a result
of the leakage of MIC, 3000 persons died. and Several thousands of people about
6,00,000 suffered with Permanent disability in skin, eyes respiratory, kidney, heart
systems & other Complications.
It is considered as the world's worst industrial disaster, unprecedented as to its
nature and magnitude.
Several suits were filled before the District Judge, New York of the united states
of America for damages by the legal representatives of the deceased and by many of
the affected Persons. The Union of India enacted The Bhopal GAS Leak Disaster Act
1985 ( processing of claims ) and took upon itself the right to sue for Compensation
on behalf of the affected Parties and filed a suit for realisation of Compensation.
All the suits were consolidated.
Judgment :
Presiding Judge John F. Keenan of America dismissed all the petitions by his order
dated May 12, 1986, on the grounds of Forum Non-Conveniens, subject to the following
Conditions :
1. Union carbide shall consent to submit to the jurisdiction of the Courts of
India and shall continue to waive defences based on the statute of limitations
and
2. Union Carbide shall agree to satisfy any judgment rendered against it in an
Indian Court, and if applicable, upheld by any appellate Court in that country,

whether such judgment and affirmance Comport with the minimal requirements of
due process.
Further, Keenan directed the UCC to pay Five Million dollars to the victims as an
immediate relief.
Appeal: The Indian Govt. appealed to the United States of Appeals for the second
circuit, which gave its Judgment dated 14-1-1987 dismissing the appeal.
Jan 2, 2024
Article 19(1)(g) - Right to practice any profession, occupation, Trade or

business.
CASE 7: M.C. Meḥta Vs Kamal Nath (2000)6 SCC 213:
The Respondent, Kamal Nath, a former union Environment Minister, constructed a hotel
named M / S Span Motel Pvt. Ltd, On the banks and the river bed of the Beas. It was
alleged that the said Motel was discharging untreated effluents and wastes into the
river. Given the facts & Circumstances of the case, The Supreme Court directed the
motel, inter alia, not to indulge in such discharges into the river. Direction was
also given to the Himachal Pradesh Pollution Control Board to ensure such discharges
are not allowed into the river. The hotel was directed to build a boundary wall and
refrain from encroaching on the river basin.
Direction was also issued to adhere to the provisions of the Environment Protection
Act and the rules made there under. Non-compliance with these rules would attract
punishment under the environmental law.
CASE 8 :MIS Abhilash Textile Vs Rajkot Municipal Cooperation, AIR(1988 )Guj. 57 (58,
60,62 )
Four writ petitions were filed by 165 petitioners who were conducting the business
of dyeing & Printing works at different places in the city of Rajkot, challenging
the notices issued by the respondent. Municipal Commissioner under Section - 376 A
of the Bombay Provincial Municipal Corporation Act - 1949.
It was alleged that the petitioners were discharging dirty water from the factory to
Public roads / public drainage without purifying the Same and causing damage to
public health. Hence, each Petitioner was called upon to prevent the discharge of
dirty water within t seven days, failing which steps to close the factory shall be
taken by the Municipal Commissioner. In the facts & circumstances of the case, a
learned Single Judge of the Gujarat High Court held inter alia as follows :
1. No one has a right to carry on a business to Cause a nuisance to society. One

cannot carry on business in a manner in which the business activity becomes a
health hazard to the entire society.
2. By discharging the effluent water on public roads/ Public drainage systems,
the entire environment locality gets Polluted. By no stretch of the
imagination, it may be said that the petitioners would be protecting the
natural environment by discharging effluent from the factory on the public
road within the meaning of Article 51 - A(g) and
3. The impugned notice cannot be held to be illegal or void, if the petitioners
wish to carry on business they may have to incur expenditure & they must
provide for purification plant before discharging the effluent water on public
road or in the public drainage system. This is the minimum requirement for
carrying on the business, which they must Comply with

Jan 3, 2024
CASE 9: Vellore citizen welfare forum Vs Union of India AIR( 1996 )SC 2715.
In the Vellore citizen welfare forum case, the petitioner challenged the large-scale
pollution caused due to the enormous discharge of untreated effluents by the tanneries
and other industries in the state of Tamil Nadu into agriculture fields, roadsides,
waterways & open lands, which ultimately reaches into River Polar, the primary source
of water for the local residents.
As a result, water pollution rose to such a stage that drinking water was unavailable.
After examination, the Tamil Nadu Agricultural University Research Centre, Vellore,
had found that about 35,000 acres of agricultural land in that belt had become unfit
for cultivation; an Expert Committee also found that these allegations were true.
Based on the above facts & circumstances of the case, the Supreme Court held, inter
alia, that it is true to state that the leather industry in India has become a major
foreign exchange earner & it provides Employment to a good number of persons. But it
has no right to destroy the ecology, degrade the environment & pose a health hazard.
The Leather industry Cannot be permitted or allowed to continue even with the present
production unless it tackles the problem of Pollution created by the tannery
Industries. The court further held that Sustainable development is a balancing Concept
between ecology and development and has been accepted as part of the Customary
international law. However, its salient feature is yet to be finalised by
international law jurists.
CASE 10: M.C Mehta Vs Union of India - Aravalli Mining Case 2006 AIR SCW 2214
Due to its geological location, the Aravalli’s mountain chain stops desertification
and prevents desert expansion into Delhi. On account of extensive mining on a
disproportionate scale without taking remedial measures has resulted in irreversible
changes in the environment at Aravalli. In the a forementioned background, any mining
activity came to be banned under an Order dated 29/30.10.2002. After that Order,
Interim Orders moved, saying that applications had been filed for EIA and approval
of Plans. At this stage, the Court ordered that no mining activity could be carried
out without remedial measures being taken & for that purpose, it was necessary that
EIA had to be done before any mining activity Could be permitted.
In the M.C. Mehta case, decided on 18/3/2004, this Court observed that mining activity
could be permitted only based on sustainable development and compliance with stringent
Conditions. The Aravalli Hill Range has to be protected at any cost, and in this
case, despite stringent conditions, mining results in an irreversible consequence.
At a later date, the total stoppage of mining activity may have to be considered.
In January 2009, the state of Haryana decided to ban/suspend mining in the above
area. The Apex Court has now decided not to focus only on individual sites but to
take a macro view of the matters, Particularly while determining the question of
suspending mining operations. It is important to note that most of the applicants
seeking to mine today in virgin areas have mined out areas in the past without taking
remedial measures. They have abandoned the sites after mining without rehabilitation
of degenerated lands and the consequence was devastation.
Based on sustainable development principle which is part of Articles 21, 48A, &
51A(9) of the Constitution of India. The Court has decided that the time has now come
to suspend mining in the above Area until statutory provisions, restoration &

reclamation are duly Complied with, Particularly in cases where Pit/quarries have
been abandoned. The Reclamation Plan duly certified by the state of Haryana.
Jan 8, 2024
Right to livelihood Article 21.
CASE 11: Olga Tellis v. Bombay Municipal Corporation (1986 AIR 180, 1985 SCR):
This was a 1985 case in the Supreme Court of India. It came before the Court as a
written petition by pavement and slum dwellers in Bombay (Now Mumbai), seeking to be
allowed to stay on the pavements against their order of eviction during the monsoon
months by the Bombay Municipal Corporation.
The court ruled that the eviction of pavement dwellers using unreasonable force
without giving them a chance to explain is unconstitutional.
Jan 9, 2024
Directive principles- Article 47 and Article 48(A)
Article 47: Duty of the state to raise the level of nutrition and the Standard of
living and to improve public health.
Article 48(A): Protection and improvement of environment and safeguarding forests

and wildlife.
CASE 12: TN Godavarman Vs Union of India( 2012 ) 3 SCC 277
The case was concerned with whether sandalwood could be stated to be an endangered
species and declared as a “specified plant”. The court found it did, and all licenses
with wood-based industries were cancelled. The court ruled in favour of Thirumulpad,
directing sustainable use of the forest.
CASE 13: Centre for Public Interest litigation V's Union of India ( 2012 ) 3 SCC 1
The Court had quashed 2G licences granted by the Union of India, including to the
appellant. The Court had declared that the policy of the Union government for
allocation of 2G spectrum on a ―First Come First Serve‖ basis was illegal.
CASE 14: T. Damodar Rao Vs Municipal Corporation of HYD A.I.R ( 1987 ) AP: 171 Srp
In this case, the petitioner challenged before the High Court Andhra Pradesh that 51
acres of land should not be used by the LIC & I.T Department for residential purposes.
The court held that using that land by the income tax department and LIC is illegal
and contrary to the law.
CASE 15: Association for Environment Protection Vs State of Kerala
The Supreme Court has interpreted the above order and held that a Project cleared
without environmental impact assessment is illegal, and the building constructed in
violation is directed to be demolished.
Jan 10, 2024
Directive Principles Article 51:

Article 51 is one of the Directive Principles of State Policy based on liberal
intellectual principles. It deals with the Promotion of international peace and
security. Encourage settlement of international disputes by arbitration.
Directive principles. Vs Fundamental Duties

Directive principles are for the government to improve the natural environment.

UNIT II: Common Law remedies
Common law Remedies :
Law of Tort other than Constitutional Law
Nuisance:
Exemplary Damages: loss of organs or dead

- Bhopal gas tragedy
- Ganga pollution care Vs M.C. Mehta
- Vellore Case vs UOI
Absolute Liability
CASE 16: M.C. MEHTA & ANR.vs. SHRI RAM FOODS AND FERTILISER INDUSTRIES AND OTHERS:
In the MC Mehta vs Union of India, the Supreme Court of India initiated the 'Absolute
Liability Principle' stating that in the case of industries like Shriram that are
engaged in inherently dangerous activities, the rule of absolute liability will be
applied.
4 are characteristics of Nuisance

- Degree of Intensity
- Duration
- Locality
- Mode of using the property
Jan 11, 2024
CASE 17: Bamford v Turnley
The defendant burned bricks on his land near the claimant’s house. This caused fumes
which disturbed the claimant’s use of their land and made their servants ill. The
claimant sued the defendant in a nuisance. The court held that the defendant’s use
of the land was unreasonable. He was therefore liable in nuisance to pay compensation.
CASE 18: M.C. Mehta v/s Union Of India: Ganga Pollution Case
M.C. Mehta filed a PIL under Article 32 of the constitution in the Supreme Court,
arguing that the river's water, considered holy and consumed by many people, must be
protected. The Supreme Court held that this is public nuisance case and not private.
CASE 19: Ram Baj Singh Vs Babulal AIR ( 1982 ) All 285
Dr. Ram Raj Singh who runs a clinic of his own suffered some form of unlawful
interference due to a construction brick grinding machine by the defendant named
Babulal. Dr Ram Raj Singh was of the view that he has suffered loss because of the
reduction in the number of clients due to constant noise and sound pollution being
caused by the machine. On the other hand, the defendant was of the view that he had
taken sufficient measures in reducing the pollution caused by the machine. The Hon’ble
Court decided in the favour of the plaintiff and a permanent injunction was issued
against the defendant.
Remedies for nuisance

Abatement
Damages
Injections – only stopped for a particular period

Trespass:
Environmental trespass is not a good defence.
CASE 20: Arvidson v. Reynolds Metals Company
Arvidson v. Reynolds Metals Company is a 1954 case that concerns air pollution caused
by the defendant's aluminium plant. The case involves trespass by means of gases,
fumes, and particulate matter that physically invade lands and cause injury. The
court held defendant's plant caused air pollution as fluorides were being released
in large quantities and affecting cattle.
Negligence
Medical Negligence
Professional Negligence
Environmental Negligence
CASE 21: The Mukesh Textiles mills Private limited Vs HR Subramanya Sastry
Action was taking against negligence to prevent any activity causing environmental
pollution, court asked to pay an extreme damages by textile company.
Jan 23, 2024
IPC is a substantive law

Sec- 268 public Nuisance
Sec- 269 Defines Negligent Act likely to spread infection of disease,
dangerous to life
Sec- 270 Malignant Act likely to spread infection of diseases dangerous to

life
Sec - 277 Polluting water of public water/ reservoir

Sec - 278 Making Atmosphere noxious to health.
Sec - 284 Negligent conduct with respect to Poisonous substance
Sec - 285 Negligent conduct with respect explosive substance
Sec – 425-440 Include various types of mischief.
CASE 22: Kurnool Municipality Vs Civic Association
The case of Kurnool Municipality v. Civic Association dates back to 1973. The case
involves a complaint filed by the Civic Association against the Kurnool Municipality
for failing to maintain the cleanliness of the town. The complaint was filed under
Section 290 of the Indian Penal Code. The case is still pending
Section 133 - CRPC
CRPC is a procedural law
CASE 23: Municipal Council, Ratlam vs Shri Vardhichand & Ors
The Supreme Court of India decided the case Municipal Council, Ratlam v. Shri
Vardhichand & Others on July 29, 1980. The case concerned the obligations of the

Ratlam municipality to its residents. The municipality was required to provide
sanitary facilities and prevent street contamination from a nearby alcohol plant
CASE 24: Deshi Sugar Mill vs. Tupsi Kahar, 1925
The case is regarding public nuisance; contamination of river water by industrial

concern. The Court ordered prohibiting the discharge of effluents.
CASE 25: Krishna Gopal Vs State of MP
The case is a revision petition against an order from the Additional Sessions Judge
in Indore. The order confirmed the removal of a boiler from a residential house in
Indore. The boiler was used to run a glucose saline. The evidence in the case showed
that the boiler emitted smoke and had a negative effect on the community.
CASE 26: Nagarjuna Paper Mills Ltd. Vs sub-divisional Magistrate (1987)
The case held that a Magistrate could not make an order to remove pollutants from
water discharged due to industrial waste on account of preventing water pollution
Jan 24, 2024
Factories Act - 1948
Sec- 41A Constitution of site appraisal Committees

Sec- 41B Compulsory discloser of Information by occupier involving hazardous
process
Sec- 41c Specific Responsibility of the occupier in relation to hazardous
process.
Sec- 41D Power of Central Govt . to appoint enquiry committee.
Sec - 41E Emergency standards.

Sec - 41F Permissible limits of chemical & Toxic substances
Sec - 41G Workers participation in the safety management .
Sec - 41H Right of workers to warn about Imminent (Immediate) danger .
The Public Liability Insurance Act - 1991

The Public Liability Insurance Act, 1991 (PLIA) aims to provide immediate relief to
victims of accidents that occur while handling hazardous substances. The law applies
to all owners associated with the production or handling of any hazardous chemicals
Environmental disaster management.

Environmental disaster management is the process of preparing for, responding to,
and learning from the effects of major failures. It involves strategically organising
resources to lessen the harm that disasters cause.
Jan 27, 2024
Injunction
An injunction is an order of court restraining the defendant from the Commission,

repetition or Continuance of a wrongful act of a defendant.
The party which seeks the injunction must prove that there is any damage or apprehended
damage.

Where the damage is apprehended, it must involve imminent and irreparable danger of
substantial action or injury. Similarly, an injunction may be granted to prevent
wastage, trespassing, a continuing nuisance and negligence to dwelling
or business houses, or a right of support or way, etc
Injections are three types.

1. Temporary Injunction (stay order)
2. Perpetual Injunction (Permanent order)
3. Prohibitory and mandatory injunction.
(duty to work but not doing. Authorities doing work by employees forcibly)
In India, the civil law to seek an injunction is governed by the specific Relief Act
– 1963 as well as civil procedure code, 1908. A detailed discussion of the relevant
provisions of the Specific Relief Act & civil procedure Code are discussed in the
later pages under the Caption Remedies under the specific Relief Act /
Civil procedure code.

UNIT III: Preserving and Conserving
Jan 29, 2024
Forest Act – 1865 and 1980
Forest Act 1865:

Deforestation started in India in 1865 for which Forest Act 1865 was made
Because of British rules, Property rights were taken Ayurveda, Allopathy depends on
the forest herbs. In 1878, they amended the 1865 Act, and the local people can use
the forest but not given property rights.
In 1927- Forest Act,

- Definition for cattle, elephants, birds, lions etc.
- Reserved forest Sec - 3-27
- Village Forest Sec – 28
- Protected forest Sec - 29-34
- Duty on timber & other Forest produce Sec - 39-40
- Control on Timber & other forest produce in-transit Sec –
- Chapter IX provides the penalties & Procedures - Provisions were made for
some punishments
Forest
1 Hector Land - 200 more trees are called forest
Conservation of the forest – The Supreme Court Commented on the definition of forest,
The Supreme Court has directed governments to follow the “broad and all-encompassing”
definition of forest as laid down in its 1996 judgment in the T N Godavarman case
until a consolidated record of all kinds of forests across the country is prepared
Stockholm declaration was the step for forest Conservation Act - 1980.
Non-forest was defined in the Forest act 1980
Jan 30, 2024
Non-forest refers to the decrease in forest areas across the world that are lost for
other uses such as agricultural croplands, urbanisation, or mining activities
Non-forest purposes include:

- Using land for cultivating horticultural crops
- Protection of catchment areas
- Wildlife habitat
- Recreation
CASE 27: Silent Valley Case
The Silent Valley Movement was an environmental movement against the state to protect
the Silent valley. It was a landmark environmental movement that began in 1973. The
protest was in response to the proposed hydroelectric dam construction across the
Kunthipuzha River. In 1970, A remarkable people’s movement stopped a hydroelectric
project across the Kunthipuzha River, saving a pristine evergreen forest in Kerala.
In 1970, the Kerala State Electricity Board (KSEB) proposed a hydroelectric dam. The
Silent Valley campaign was launched by Kerela Sasthra Sathiya Parishad (KSSP), an
NGO that fought the case. Finally, after a long fight, deliberation and discussions,
In 1986, it was declared as National park. 8.3 Sq kms, 25 crores project.

CASE 28: Om Prakash Chowdary vs. State of Rajasthan
construction of Salim All Nature Interpretation Center at Keoladeo National Park,

Bharatpur. The petitioners seek a direction for demolition of the construction and
for this purpose. The court stopped the construction.
CASE 29: Vilas Shankar Donode V state of Maharashtra
A case about illegal felling of trees where the court ordered the State Government
shall advert to the procedure to be adopted by the State adopted for calculating cost
of damage to the forest and cost of re-forestation and incidental costs while granting
permission under the provisions of the Forest (Conservation) Act.
CASE 30: TN Godavarman Vs Union of India( 2012 ) 3 SCC 277
The case was concerned with the question of whether sandalwood could be stated to be
an endangered species and declared as a “specified plant”. The court found it did,
and all licenses with wood-based industries were cancelled. The court ruled in favour
of Thirumulpad, directing sustainable use of the forest.
CASE 31: M.C. Meḥta Vs Kamal Nath (2000)6 SCC 213:
The Respondent, Kamal Nath, a former union Environment Minister, constructed a hotel
named M / S Span Motel Pvt. Ltd, On the banks and the river bed of the Beas. It was
alleged that the said Motel was discharging untreated effluents and wastes into the
river. Given the facts & Circumstances of the case, The Supreme Court directed the
motel, inter alia, not to indulge in such discharges into the river. Direction was
also given to the Himachal Pradesh Pollution Control Board to ensure such discharges
are not allowed into the river. The hotel was directed to build a boundary wall and
refrain from encroaching on the river basin.
Direction was also issued to adhere to the provisions of the Environment Protection
Act and the rules made there under. Non-compliance with these rules would attract
punishment under the environmental law.
CASE 32: RLEK VS UP State
RLEK fought a case against the Uttar Pradesh government protesting against limestone
mining in the Doon Valley. This case was the first environmental case in the country
to be heard by the Supreme Court of India. Writ Petition no. 8209, filed by RLEK,
was the first public interest litigation in the country which involved issues related
to environmental and ecological balance.
-
Feb 12, 2024
Wildlife Protection Act ( 1972 )

Case: Tarun Bharat Singh vs U.0.I ( 1992 )
Feb 13, 2024
Wildlife protection 1972

Article 48 - A Directive principle: The state shall endeavour to protect & improve
the Environment & to Safeguard the forest & wildlife of the Country.
1. Wild Life Protection Act -1972
2. Prevention of Cruelty to Animals Act - 1960
3. Biological Diversity Act - 2002.
1. Wildlife Protection Act:

• Wildlife means all the wildlife Animals, birds, etc., all are living
organisms except Calcareous objects( means Calcium included)
• To protect all the wild animals, birds etc is called wild life protection
Act.
Hunting of Wild Animals

Central Govt appoints chief wildlife warden(CWW )CWW.
4 Reasons For Hunting of Wild Animals.

1. Dangerous to human life
2. Designed beyond recovery
3. Disabled
4. Education Research, Medical purpose.
If any of above Reason then only Hunting orders will accept by CWW.
Protection of Specified plants

Example: Bears eat, both Leaves and other, In that leaves some medicinal value
leaves are there.
Eco-centric approach: Case: T.N. Godavarman Vs U.O.I

Wild life act has taken the approach – eco-centric approach.
Feb 16, 2024
Wildlife Protection Area - Scientific Research.

CASE 33: Mahesh Kumar Viribhai Trivedi Vs State of Gujarat.
AIR 2008 Gujarat 35: In 1971, Gujarat Govt. granted land to Mahesh. After Some
Years Gujarat Govt took back Mahesh’s land regarding wild life reserving. The
land was under the Prohibited area. Mahesh filed the case against Gujarat govt.
under his right. High court declared that Govt of Gujarat taken back the land as
per wild life protection. Mahesh lost the Case; he got Compensation / another
land / any
CASE 34: Kamalakant Pandey Vs Prabhagiya Van Adhikari obra . AIR 2005, All 136:
Quasi- Judicial Power

Govt approved the mining in starting later, the Govt. stopped the mining in that
" land " because of pollution.
Govt . have the Right to take back the land any time for the purpose of society.
CASE 35: Gujarat Navodaya Mandal Vs State of Gujarat AIR 1998 Gujarat 141.
Feb 17, 2024
National Tiger Conservation Authority (Central Govt.) N.T.C.A
2005 Tiges existing

Chapter IV B. 2006 Amendment added N.T.C.A.
Tiger Conservation Foundation: TCF -State Govt

Central - Same Year 2005
This NTF is concerned with trading of the wild animals
CASE 36 :Wildlife Rescue & Rehabilitation Centre v. Union of India, (2016) 1 SCC 716.
CASE 37: Rajendra Kumar v. Union of India. AIR 1998 Raj 165.

Feb 19, 2024
Prevention of detention of offence

Any director of forest dept, not below SI, can take action & without any warrant
. He can also search the house & find anything that will be Punished under wild
life Act. Punishment will be compensation
There should be a public prosecutor in wildlife cases. the Wild Life (Protection)
Act states that a person cannot be released on bail unless the public prosecutor
has been given the opportunity to oppose the release. However as a constitution
right, no party can oppose the plea for bail.
Prevention of Cruelty to Animals Act - 1960 Article 51 (A)g

• Physical violence towards animals.
• For State Welfare Board - Inspector General of forest will also be a a
member, along with all state members. Two members for state will also be
members of board for prevention.
• Animal homes maintained by state government.
• Resources are important to maintain animal homes
• Hitting an animal with a vehicle comes under cruelty.
CASE 38: K. Muniasamy Thevar v. Deputy Superintendent of Police(SC. held)
This happened in Tamil Nādu, where the police said that u can't whip the bullock to
win the race . This was banned after this case.
CASE 39: Animal Welfare Board of India Vs A Nagaraja 2017
In 2014, the Supreme Court of India ruled in favour of the Animal Welfare Board
of India (AWBI) in the case Animal Welfare Board of India v. A. Nagaraja. The
court ruled that the sports of Jallikattu and bullock cart racing violate the
Prevention of Cruelty to Animals Act, 1960. Below 5 things are noted said these
are cruelty to animals
1. Freedom of hunger, malnutrition
2. Fear & Distress
3. Abuse
4. Difficult Behaviour
5. Comfort is removed.
Feb 21, 2024
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001
It is a place where animals are killed in-ground or dumping yards
Environmental Protection Act 1986
Why we need Environment protection Act?

Article 48-A DPSP
Stockholm Declaration -1972: 26 principles to protect the environment. After the

industrial revolution, a lot of pollution from the soil, water, noise etc. So
Govt had decided to make an Environment Protection Act – in 1986
Ecosystem - Interdependence of living organisms & Environment components
Ecosystem -Biotic, Abiotic Energy Components
Environment Protection Act - definition of Eco System.

Food pyramid
kinds of Ecosystem
Forest
Grassland
Desert
Aquatic
Ecosystem definitions differ from one to another in case of forest, Grassland,

Desert, Aquatic.
Grassland ecosystem is disturbed a lot in last 20 years.
Desert absorbs heat directly coming from the Sun. If desert is not there heat
will merge in atmosphere.
Aquatic is disturbed by water pollution in sea/oceans.
Feb 22, 2024
Environmental Impact Assessment : (EIA) The process of Identifying, Predicting,

evaluating, litigating the BIO physical, social & other relevant effects of the
development proposal prior to major decision Being taken or any commitments.
Powers of the Central Govt.

Delegation of power: in the absence, we will give power to others to monitor the
activities, It can be given to Central Govt.
Prohibition of pollutants: Inspection of places & Industries
To give Complaint we have to go to pollution Board.
State Pollution Board: complaints for environmental pollution.
Feb 23, 2024
EIA 2006 Act - 1994 Notification
CASE 40: Narmada Bachao Andolan Vs UOI: Dam was Constructed on Narmada river /Aravalli
Hills in 1994 project started. SC. Rejected Remedies
CASE 41: M.C.Mehta Vs U.O.I AIR 2004 SĆ : 118 . Mining at Aravali. Mining at Aravali
EIA Assessment is required; after that only you can continue the project, SC said.
CASE 42: M.C. Mehta Vs U.O.I ( Ganga pollution )( 1988 ) SC 471: Ganga pollution in
Kanpur city is at the highest level. Kanpur city had chemical oxygen in very high
Ganga, which is not good to drink.
CASE 43: Sachidanand Pandey Vs State of Bengal AIR ( 1995 ) Guj. 185. state Board
Cochin, Auto mobile pollution
Rules given by Kerala govt not followed in state Board was a question.
Powers of the Court under the writ petition.

Writ: If Fundamental Rights is violated then We Can go for writ petition. 5 kinds
of writs. Hebeus Corpus , Mandamus, Quo warrants, Prohibition & certiorari

AIR ACT: Water Act Prevention and Control of Pollution Act 1974
COASTAL REGULATION ZONE
1. Urban areas along the coast: There are likely specific regulations for
polluting industries operating within urban areas along the coast.
2. Residential and city areas: Similar to urban areas, there are regulations in
place for industries operating in residential and city areas near the coast.
3. Village areas or rural areas within 200 meters from the coastal line: These
areas are designated as non-development zones, suggesting stricter regulations
for industries to prevent pollution and preserve the coastal environment.
4. Andaman and Nicobar Islands: These areas are designated as strict Coastal
Regulation Zone (CRZ) areas, indicating even stricter regulations for
industries due to their sensitive coastal ecosystems.
• Village areas within 200 meters from the coastal line are designated as non-
development zones.
• The Andaman and Nicobar Islands are designated as strict Coastal Regulation
Zone (CRZ) areas.
• Regulations regarding aquatic animals are mentioned, possibly comparing
Andaman and Nicobar Islands to Lakshadweep Island based on the Water Act of
1971.
Judicial trends authority of water act
CASE 44 :U.P. Pollution Control Board vs M/S Mohan Meakins Lt
The case U.P. Pollution Control Board vs M/S Mohan Meakins Ltd. And Others divided
into sections: facts, issues, and judgment.
Facts:
• The case involves directors, managers, and partners of M/s. Mohan Meakins
Distillery.
• They were accused of failing to build proper works and plants to treat their
highly polluting trade effluent.
• The Uttar Pradesh Pollution Control Board (UPPCB), established in 1974 under
the Water (Prevention and Control of Pollution) Act, 1974, oversees pollution
control in Uttar Pradesh.
Issues:
• The primary issue was whether the accused individuals were liable for failing
to build appropriate facilities to treat their highly polluting trade effluent.
• Another issue might be whether the UPPCB had the authority to enforce pollution
control regulations and take legal action against the accused.
Judgment:
• On December 12, 2008, the Supreme Court allowed the criminal appeal.
• The Court set aside the judgment of the High Court.
• It directed the Special Judicial Magistrate (Pollution) to proceed with the
case and dispose of it as quickly as possible.
• This implies that the accused individuals would continue to face legal
proceedings for their alleged failure to comply with pollution control
regulations.
This summary outlines the key facts of the case, the legal issues involved, and the
judgment rendered by the Supreme Court. "The Supreme Court ruled that even in the

absence of the Environmental Board, local jurisdiction retains the authority to issue
judgments."
CASE 45 :M.C. Mehta (Badkhal and Surajkund lakes Matter) v. Union of India
Facts:
• The case involves M.C. Mehta, an environmentalist lawyer, filing a public
interest petition under Article 32 of the Constitution of India.
• The petition concerns mining operations within 5 kilometers of Badkhal Lake
and Surajkund in Haryana.
• The Haryana Pollution Control Board conducted an inspection to assess the
impact of mining on the ecologically sensitive area.
• Following the inspection, the Haryana Government ordered a halt to mining
operations within the specified radius of the lakes.
Issues:
• The primary issue was whether mining activities near Badkhal Lake and Surajkund
should be allowed to continue.
• The case also involved considerations of environmental conservation, the rights
of local communities, and the balance between industrial development and
ecological preservation.
Judgment:
• The Supreme Court, in its order dated May 10, 1996, issued five directions in
response to the petition.
• Rather than imposing a blanket ban on industrialization, the court recognized
the importance of industrial development while also emphasizing the need for
environmental protection.
• The court acknowledged that accidents are inevitable but emphasized the
importance of minimizing environmental harm.
• This case has since become a landmark in environmental and judicial activism,
serving as a precedent for similar cases and highlighting the judiciary's role
in balancing development and conservation concerns.
NEERI, an environmental research institute, suggested that a significant amount of

mountain mining was permitted in the area around lakes in Haryana.
M.C. Mehta's case highlighted the pollution caused by mining activities in mountainous
regions.
It is implied that the Supreme Court supported M.C. Mehta's case and subsequently
banned mining in the mountainous areas.
The text also mentions Parliament's power under Article 252 (Concurrent List) to
enact laws.
The case is also linked to the Water Act, which likely pertains to regulations
regarding water pollution and environmental protection
CASE 46 : Municipal Council, Ratlam v. Shri Vardhichand & Others, 1980 AIR 1622, 1981
SCR (1) 97
Facts:
1. The Ratlam municipality in Madhya Pradesh, India, failed to provide sanitary
facilities and prevent contamination caused by an adjacent alcohol plant.
2. Residents, frustrated by the lack of facilities and pollution, filed a suit
for public nuisance under Section 133 of the Criminal Procedure Code.

3. The Magistrate ordered the municipality to address the issues by constructing
drainpipes and providing proper facilities.
4. The municipality appealed to the High Court, which affirmed the Magistrate's
order.
Issues:
1. Whether the municipality could be compelled to construct sanitary facilities
and drainpipes despite financial constraints.
2. Whether the Court had the power to enforce compliance with public health duties
against a statutory body.
Outcomes:
1. The Supreme Court upheld the High Court's decision, affirming the Magistrate's
order.
2. The Court ruled that the municipality could not evade its duty to public health
by pleading financial inability.
3. It affirmed the Court's power to compel statutory bodies to comply with public
duty.
4. The municipality was directed to take immediate action to address contamination
and provide sanitary facilities within a six-month period.
CASE 47 :A.P. Pollution Control Board vs Prof.M.V.Nayudu (Retd.) & Others on 27

January, 1999
Facts:
1. A.P. Pollution Control Board issued a No Objection Certificate (NOC) for
establishing an industry below the Mean Sea Level (MSL) of 2 meters.
2. According to Coastal Regulation Zone (CRZ) regulations, the industry should
be permitted if it is located 200 meters away from the sea.
3. The industry argued that it was indeed situated 200 meters away from the sea.
4. However, the Pollution Control Board issued a notice, claiming that the
industry was within 10 kilometers of an identified water body, violating CRZ
regulations.
Issues:
1. Whether the industry's location complies with CRZ regulations, considering its
distance from the sea and its proximity to the identified water body.
2. Whether the Pollution Control Board's notice is justified, and if the
industry's establishment violates environmental laws.
Outcome:
1. The court allowed the industry to operate, considering its distance from the
sea.
2. However, it instructed the Pollution Control Board to further investigate the
industry's proximity to the identified water body to ensure compliance with
environmental regulations.
The National Green Tribunal Act was enacted in 1995, establishing the National Green
Tribunal (NGT) as specialized environmental tribunals. These tribunals have
compulsory jurisdiction over matters related to environmental protection and
conservation. One of the main purposes of the NGT is to apply the principle of strict
or absolute liability in environmental matters.
Key Points:
1. Jurisdiction: The NGT has the authority of a civil court and its decisions are
considered final, akin to those of the Supreme Court.
2. Appeal Process: Appeals against NGT decisions can be made directly to the
Supreme Court, bypassing the High Court.
3. Immediate Action: The NGT has the power to issue immediate orders to address
environmental concerns.

4. Composition: The NGT is comprised of judicial and environmental experts,
ensuring a specialized approach to environmental adjudication.
Same powers as of civil court.
Section 9 of the National Green Tribunal Act specifies the composition of benches in
the NGT. The Act empowers the Central Government to establish benches of the NGT in
different locations across the country, including Hyderabad.
Key Points:
1. Composition of Benches: The composition of benches in the NGT follows certain
guidelines outlined in Section 9 of the NGT Act.
2. Movement of Cases: The High Courts and other lower courts may transfer cases
to the NGT benches as appropriate.
3. Location-Based Benches: The NGT benches are established in various locations
based on the need for environmental adjudication in those areas. For example,
there is a bench in Hyderabad.
4. Qualifications of Members: The judges or members appointed to the NGT benches
should possess specific qualifications as outlined in the Act. This may include
serving or retired High Court judges or individuals with expertise in
environmental matters.
5. Powers of the Central Government: The Central Government has the authority to
enact laws and regulations pertaining to the establishment and functioning of
the NGT, as stipulated in the Act.
Term of Office: The chairperson of the NGT serves a term of 5 years, while the vice-
chairperson serves for 7 years or until they reach the age of 75, whichever comes
first. Other technical and administrative members also have specified terms of office.
Chairperson's Term: The chairperson's tenure lasts for 5 years from the date of
assuming office.
Vice-Chairperson's Term: The vice-chairperson serves for a term of 7 years or until
they reach the age of 75, whichever comes earlier.
Technical and Administrative Members: Other members, presumably those with technical
or administrative expertise, also have defined terms of office, which are not
explicitly mentioned in the provided text.
March 4 2024
Biological Diversity Act, 2002
Enacted in 2002 in India.

Aims to conserve biological diversity.
Promotes sustainable use of biological resources.
Ensures fair and equitable benefit-sharing.
Establishes National and State Biodiversity Authorities.
Regulates access to biological resources.
Protects traditional knowledge associated with biodiversity.
Designates Biodiversity Heritage Sites.
Prescribes penalties for non-compliance.
Establishes Biological Diversity Fund for conservation initiatives.
Monitors and evaluates conservation efforts.
1. Section 2(c): Defines "biological resources" as plants, animals, micro-

organisms, genetic material, and by-products with actual or potential use or
value, excluding human genetic material.
2. Section 3: Requires non-citizens, non-resident citizens, or Indian corporate
bodies with non-Indian participation to obtain prior approval from the National
Biodiversity Authority (NBA) for accessing biological resources for research,
commercial utilization, or bio-survey and bio-utilization.

3. Section 4: Prohibits the transfer of research results to non-citizens, non-
residents, or non-Indian corporate bodies without prior approval from the NBA.
4. Section 6: Prohibits making applications for intellectual property rights based
on biological resources obtained from India without prior approval from the
NBA.
5. Section 7: Requires Indian citizens or Indian corporate bodies without non-
Indian participation to inform the State Biodiversity Authority (SBA) before
accessing biological resources for commercial utilization or bio-survey and
bio-utilization for commercial purposes.
6. Section 48: Grants powers to the Central Government to issue notifications,
guidelines, and memoranda for the effective implementation of the Act and to
provide exemptions or modifications as necessary.
7. Section 58: Specifies penalties for contravention of provisions, including
imprisonment and fines.
8. Section 63: Provides for cognizance of offences, giving courts jurisdiction
to try offences under the Act.
9. Section 66: Allows for the composition of offences, providing an option for
compounding of certain offences upon payment of a sum to be determined by the
authority.
10. Section 67: Empowers the Central Government to make rules for carrying out the
provisions of the Act.
Hazardous Substance Act 2008
The Hazardous Wastes Management, Handling, and Transboundary Movement Rules of 2008
delineate specific exemptions where the act does not apply. These exemptions include:
1. Waste discharged into water bodies or emitted into the air, as regulated by
the Water and Air Acts, respectively.
2. Handling of hazardous waste specified in Schedule E, exempting waste water and
exhaust gases covered under the provisions of the Water and Air Acts.
3. Radioactive waste, which falls under the jurisdiction of the Atomic Energy Act
of 1962.
4. Biomedical waste, which is governed by the Biomedical Waste Rules of 1998.
5. Waste covered under the municipal solid waste rules 2000
Section 5(1): Production, Storage, and Packaging: Any entity involved in producing,
storing, or packaging hazardous substances must obtain permission from the licensing
authority.
Section 5(2): Disposal: The disposal of hazardous substances must adhere to the
guidelines set by the State Pollution Board.
Section 5(3): Central Authority Approval: Certain activities related to hazardous

substances require permission from the central authority. This could include disposal
methods or other significant actions.
License Duration: Licenses issued for handling hazardous substances are
typically valid for five years.
Section 6: Cancellation or Suspension: The authorization or license for handling

hazardous substances can be canceled or suspended in case of violations or non-
compliance with regulations.
The reference to the Bhopal Disaster likely underscores the importance of proper
management and regulation of hazardous substances, emphasizing the potential
consequences of inadequate control measures.

Feb 24, 2024
UNIT IV : Role of Judiciary

Chapter - 4 - Writs Article 32 & 226
CASE 48: Indian Council For Enviro-Legal Action vs Union Of India ( 1996 ) 55cc 281
The petition sought to stop and fix pollution caused by chemical plants in Bichhri
village. The case was heard in the Supreme Court of India. Costal zone - San ecosystem
effect
CASE 49: M.C. Mehta vs Union Of India & Ors. on 29 April, 1999
AIR 1998 SC 617,618:

Delhi Noida Lot of Auto mobile pollution and extreme weather in all summer and
winters.
SC appointed Committee Shri Bhure lal committee since Petitioner don't know the
solution.
Committee - with 5 members - Concept of Auto mobile still have problem.
Environmental law in India
The evolution of environmental law in India reflects a dynamic interplay between

international influences, constitutional amendments, judicial interpretations, and
societal awareness. Here's a detailed elaboration:
1. International Influences: The Stockholm Conference of 1972 played a pivotal
role in shaping India's environmental consciousness. As a participant, India
committed to fundamental principles affirming the right to a clean and healthy
environment. This global forum underscored the interconnectedness of
environmental issues and laid the groundwork for subsequent environmental
treaties and agreements.
2. Constitutional Amendments: The 42nd Amendment to the Indian Constitution,
enacted in 1976 under the leadership of Prime Minister Indira Gandhi, marked
a significant milestone in India's environmental jurisprudence. It introduced
Article 48A, which mandates the state to protect and improve the environment,
safeguard forests, and conserve wildlife. Additionally, Article 51A (g) imposed
a fundamental duty on citizens to protect and improve the natural environment,
emphasizing the shared responsibility for environmental stewardship.
3. Judicial Interpretations: Judicial interventions have played a crucial role
in shaping environmental policy and governance in India. Courts have often
relied on constitutional provisions, international conventions, and principles
of public trust and sustainable development to adjudicate environmental
disputes and enforce environmental laws. Landmark cases, such as L. K. Koolwal
v. State of Rajasthan, have emphasized citizens' rights to petition the courts
for the enforcement of environmental duties owed by state authorities.
4. Scope of Constitutional Provisions: Article 47 of the Indian Constitution,
which predates the 42nd Amendment, mandates the state to improve public health
standards. Although not explicitly addressing environmental concerns, this
provision indirectly underscores the importance of environmental conservation
for public welfare. The subsequent inclusion of Article 48A and Article 51A
(g) further strengthened the constitutional framework for environmental
protection and sustainability.
5. State Responsibility and Citizen Engagement: The constitutional provisions and
judicial interpretations underscore the dual responsibility of the state and
citizens in environmental conservation. While the state is tasked with policy
formulation, enforcement, and resource management, citizens are empowered to

hold authorities accountable and actively participate in environmental
preservation efforts. Article 51A (j) encourages citizens to strive for
excellence in environmental conservation, reflecting the importance of
collective action and societal engagement.
The United Nations Conference on Human Environment held on in June, 1972 at Stockholm
placed the issue of the protection of biosphere on the official agenda of
international policy and law. The agenda of the conference consisted of the following:
a. Planning and management of human settlements for environmental quality.
b. Environmental aspects of natural resources management.
c. Identifications and control of pollutants and nuisances of broad international
significance.
d. Educational, information, social and cultural aspects of environmental issues.
e. Development and environment.
f. International organizational implications of action proposals. The Stockholm
Conference agendas, proclamations, principles and subsequent global,
environment protection efforts shows the words realization of the need to
preserve and protected the natural environment. The conference acclaimed man’s
fundamental right to adequate conditions of life in an environment of a quality
that permitted a life off dignity and well- being.
To comply with the principles of the Stockholm Declarations adopted by the

International Conference on Human Environment, the Government of India, by the
Constitution 42 Amendment Act, 1976 made the express provision for the protection
and promotion of the environment, by the introduction of Article 48A and 51A (g)
which form the part of Directive Principles of State Policy and the Fundamental
Duties respectively. The amendment provided for the following:
Article 48A, introduced by the 42nd Amendment Act:
• Mandates the state to protect and enhance the environment.

• Requires the safeguarding of forests and wildlife.
• Compels the government to enact policies and laws for environmental
conservation.
• Emphasizes the ongoing need for proactive measures in environmental protection.
• Recognizes forests and wildlife as integral to biodiversity and ecological
balance.
Article 51A(6), also from the 42nd Amendment Act:
• Imposes a fundamental duty on every citizen to protect and improve the natural
environment.
• Includes forests, lakes, rivers, and wildlife in the scope of the duty.
• Highlights individual responsibility in environmental conservation.
• Acknowledges the interconnectedness of ecosystems.
• Encourages holistic conservation efforts.
The judiciary's dynamic interpretations of fundamental rights have incorporated the

right to a healthy environment from the following Articles of the Indian Constitution:
(a) Article 14: Ensures equality before the law and equal protection of laws. The
judiciary has interpreted this to include the right to a healthy environment, ensuring
that all individuals have equal access to environmental protections and safeguards.
(b) Article 19(6): Grants the state the authority to impose reasonable restrictions
on the exercise of certain freedoms in the interest of the general public. This
includes the freedom to practice any profession or carry on any occupation, trade,

or business. Courts have recognized that environmental regulations may sometimes
impose restrictions on these freedoms to protect public health and the environment.
(c) Article 21: Guarantees the right to life and personal liberty, subject to due
process of law. The judiciary has interpreted this to encompass the right to a clean
and healthy environment, as environmental degradation can directly impact an
individual's quality of life and well-being. Therefore, depriving someone of a healthy
environment could be seen as a violation of their right to life and personal liberty.
Role of Judiciary in India Environmental Issues
The judiciary plays a significant role in addressing environmental issues and

recognizing the right to a healthy environment as a fundamental right. Here's a
breakdown of the judiciary's role:
CASE 50 :Maneka Gandhi v Union of India (AIR 1978 SC):
• The Supreme Court expanded the scope of Article 21 (right to life) to include
the right to live in a healthy environment.
• The neglect of sanitation in Ratlam Municipality was deemed a violation of the
right to live with decency and dignity.
• Although Article 21 was not explicitly referenced, the judgment implied its
application.
CASE 51 :Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh:
• The Supreme Court indirectly applied Article 21 to environmental issues,

recognizing the right to a healthy environment.
• The case involved illegal mining in the Mussorie-Dehradun belt, where the
court ordered the closure of mining operations to protect the environment.
CASE 52 :M. C. Mehta v Shriram Food and Fertilizer Industries (Oleum Gas Leak Case-
I):
• The Supreme Court held that hazardous industries have an absolute duty to
ensure no harm is caused to the public.
• Chief Justice P. N. Bhagwati emphasized the need for strict liability in cases
of hazardous industries.
• The judgment treated the right to a healthy environment as a fundamental right
under Article 21.
CASE 53 :Subhash Kumar v State of Bihar (AIR 1991 SC 424):
• The court recognized the right to live in a pollution-free environment as part

of Article 21.
• Citizens have the right to approach the court under Article 32 to address
environmental pollution affecting their quality of life.
Mass Education and Awareness:

• The judiciary emphasized the importance of mass education and awareness in
environmental protection.
• While legal and constitutional measures are essential, a people's movement for
environmental conservation is equally crucial.
Legislative Measures:
• Although the term "environment" is not explicitly mentioned in the
Constitution, various legislative provisions enable the enactment of laws
related to the environment.

• It took time for the apex court to explicitly recognize the right to a
healthy environment under Article 21.
1. Judicial Activism and Constitutional Interpretation:

• The Indian judiciary, particularly the Supreme Court, has adopted an
activist approach in interpreting constitutional provisions, especially
Article 21, which guarantees the right to life and personal liberty.
• Through landmark judgments like Maneka Gandhi v. Union of India, the
Supreme Court has expanded the scope of Article 21, emphasizing that
the right to life includes the right to live with human dignity, which
encompasses a clean and healthy environment.
2. Ecological Balance and Environmental Protection:
• Courts have recognized the importance of maintaining ecological balance
and protecting the environment for the well-being of present and future
generations.
• Cases such as Rural Litigation and Entitlement Kendra v. State of Uttar
Pradesh demonstrate the judiciary's willingness to prioritize
environmental conservation, even if it means imposing restrictions on
economic activities.
3. MC Mehta Cases and Absolute Liability:
• The series of cases involving M.C. Mehta have been instrumental in
establishing principles of absolute liability for industries causing
environmental harm.
• These cases highlight the judiciary's commitment to holding polluting
industries accountable for their actions and ensuring compensation for
victims of environmental pollution.
4. High Court Initiatives:
• High Courts across India have also played a crucial role in protecting
the environment by recognizing the right to environment as inherent in
Article 21 of the Constitution.
• Through public interest litigations and directives, High Courts have
issued orders to enforce environmental laws and regulations,
safeguarding citizens' right to a clean and healthy environment.
5. Universal Acceptance and Constitutional Mandate:
• Over time, the right to a healthy environment has gained universal
acceptance and has become entrenched in Article 21 of the Constitution.
• The judiciary's interventions are grounded in the constitutional mandate
to protect fundamental rights, including the right to life with human
dignity, which encompasses environmental protection.
The Public Trust Doctrine (PTD)
The Public Trust Doctrine (PTD) is a legal principle that places the government as a
trustee for natural resources, such as rivers, lakes, and forests, ensuring their
use and enjoyment for the general public rather than for private ownership or
commercial purposes. It originated from common law concepts and has been defined and
addressed by legal scholars in the United States and the United Kingdom. In India,
the PTD has been developed through various landmark cases in the Supreme Court, where
it has been deduced from sources such as Common Law and Article 21 of the Indian
Constitution.
Key points about the Public Trust Doctrine include:
• Trustee Responsibility: The government is entrusted with the responsibility

of protecting natural resources for the enjoyment of the general public,
regardless of individual status or ownership.

• Common Law Origins: The PTD finds its roots in ancient legal concepts, such
as Roman law and early English common law, which recognized certain resources
as common to all and held by the state in trust for the public.
• Constitutional Basis: In India, the PTD is supported by constitutional

provisions such as Article 21, which guarantees the fundamental right to life,
and Article 39, which calls for equitable distribution of material resources.
• Landmark Cases: Landmark cases in India, such as M. I. Builders v Radhey shyam

sahu, have applied the Public Trust Doctrine to safeguard public interests in
the use of natural resources. In this case, the Supreme Court intervened to
prevent the construction of an underground shopping complex in a public park,
ruling that it violated the public trust doctrine and ordering the restoration
of the park to its original state.
• Judicial Review: The judiciary plays a crucial role in upholding the Public
Trust Doctrine through judicial review, ensuring that government actions and
policies concerning natural resources are in accordance with public interest
and trust principles.
Polluter Pays Principle (PPP)
The Polluter Pays Principle (PPP) is a fundamental environmental policy that holds
individuals, companies, or entities responsible for the pollution they generate.
Here's an elaboration on the principle and its application:
1. Absolute Liability: The PPP asserts that those who cause environmental
pollution should bear the costs associated with preventing, mitigating, or
cleaning up the pollution they generate. It imposes an absolute liability on
polluters for any harm caused to the environment, regardless of fault or
intent.
2. Compensation and Penalty: Polluters are required to pay compensation for any
damage caused to the environment, as well as penalties for their actions. This
includes both direct costs, such as cleanup and restoration expenses, and
indirect costs, such as loss of biodiversity or harm to public health.
3. International Recognition: The Polluter Pays Principle is recognized
internationally and is enshrined in various environmental agreements and
declarations. Principle 16 of the Rio Declaration on Environment and
Development specifically promotes the PPP as a guiding principle for
environmental protection and sustainable development.
4. Legal Precedents: Court cases, such as M.C. Mehta v Kamalnath, have applied
the Polluter Pays Principle to hold individuals or entities accountable for
environmental damage. In this case, the court ruled that a motel encroaching
upon ecologically fragile land and diverting a river's course must bear the
costs of restoring the environment to its original condition.
5. Restorative Justice: The PPP emphasizes the concept of restorative justice,
wherein the polluter is not only held liable for the damage caused but also
required to take corrective actions to mitigate or reverse the environmental
harm.
6. Prevention Incentive: By imposing financial responsibility on polluters, the
PPP incentivizes pollution prevention and encourages the

March 4, 2024
UNIT V: International Environmental Regime

The international environmental regime encompasses various treaties, conventions,
and agreements aimed at addressing environmental issues on a global scale. Here are
some key elements:
1. Transactional Pollution: This refers to pollution that crosses international
borders, requiring cooperation and coordination between states to address
effectively.
2. State Liability: States can be held liable for environmental damage caused
within their territories or by their activities that impact neighboring states
or the global environment.
3. Customary International Law: Customary international law plays a crucial role
in shaping norms and principles related to environmental protection, even in
the absence of specific treaties or conventions.
4. Liability of Multinational Corporations/Companies: Multinational corporations
and companies can be held accountable for environmental harm caused by their
operations, both domestically and internationally.
5. Stockholm Declaration on Human Environment, 1972: This declaration, adopted
at the United Nations Conference on the Human Environment in Stockholm, Sweden,
laid the foundation for international environmental governance and
cooperation.
6. Role of UNEP: The United Nations Environment Programme (UNEP) plays a central
role in coordinating global environmental efforts, providing guidance,
technical assistance, and facilitating cooperation among nations.
7. Ramsar Convention, 1971: The Ramsar Convention is an international treaty for
the conservation and sustainable use of wetlands, recognizing the importance
of wetlands for biodiversity and human well-being.
8. Bonn Convention (Migratory Birds), 1992: The Bonn Convention aims to conserve
migratory species and their habitats across their range, promoting
international cooperation for their conservation.
9. Nairobi Convention, 1982 (CFCC): The Nairobi Convention addresses the
protection, management, and development of the marine and coastal environment
of the Western Indian Ocean region.
10. Biodiversity Convention (Earth Summit), 1992: Also known as the Convention on
Biological Diversity (CBD), this treaty aims to conserve biodiversity, ensure
sustainable use of its components, and promote fair and equitable sharing of
benefits arising from genetic resources.
11. Kyoto Protocol, 1997: The Kyoto Protocol sets binding emission reduction
targets for industrialized countries to mitigate climate change, emphasizing
the principle of common but differentiated responsibilities.
12. Johannesburg Convention, 2002: The World Summit on Sustainable Development,
held in Johannesburg, South Africa, focused on sustainable development goals
and strategies for poverty alleviation while addressing environmental
challenges.
Articles related to environmental protection
Articles related to environmental protection and the preservation of monuments in

India. Here's a breakdown of each article mentioned:
1. Article 49: This article pertains to the protection of monuments and objects
of national importance. It likely outlines the state's responsibility to
safeguard historical and cultural heritage sites.

2. Article 32: Article 32 of the Indian Constitution grants individuals the right
to move the Supreme Court for the enforcement of fundamental rights. It can
be invoked to seek protection and enforcement of environmental rights.
3. Article 253: This article empowers the Indian Parliament to enact laws for the
implementation of international treaties and agreements, including those
related to environmental protection.
4. Article 47: Article 47 places a responsibility on the state to improve public
health and promote the welfare of the people. This can include initiatives
related to environmental conservation and healthcare.
5. National Forest Policy 1988: This policy outlines the objectives and strategies
for the conservation, management, and sustainable development of forests in
India.
6. Central Government Authority: This likely refers to the authority vested in
the central government to enact laws and policies related to environmental
protection and wildlife conservation.
7. Article 21: Article 21 guarantees the right to life and personal liberty,
which has been interpreted by courts to include the right to a pollution-free
environment.
8. Environment Protection Act 1986: This legislation provides the framework for
the protection and improvement of the environment in India. It empowers the
central government to take measures to protect and conserve the environment
and regulate activities that may cause environmental pollution or degradation.
March 11, 2024
• GATT (General Agreements on Tariffs and Trade): Established in 1947, aimed to

reduce tariffs and other trade barriers among member countries. It laid the
groundwork for the World Trade Organization (WTO).
• UN (United Nations): Founded in 1945, it sought to promote international
cooperation and resolve conflicts peacefully.
• 1949: This year marked the beginning of global efforts for environmental
protection, with a focus on wetlands and their importance for biodiversity and
water flow.
• Ramsar Convention (1971): A treaty aimed at conserving wetlands and their
resources. Named after the Iranian city where the convention was adopted.
• 1982-1984: During this period, there was increasing recognition of the
relationship between human activities and the environment, leading to
international agreements such as the Stockholm Declaration (1972) and the Rio
Summit Convention.
• Rio Summit Convention: Also known as the Earth Summit, held in 1992 in Rio de
Janeiro, Brazil. It addressed various environmental issues, including climate
change, biodiversity, and sustainable development.
• UN's Role: The United Nations plays a crucial role in advocating for environmental
protection and addressing the impacts of human activities on the environment. It
emphasizes the responsibility of humanity to preserve and safeguard the
environment for present and future generations.
UNEP stands for the United Nations Environment Programme. It was established in 1972
as a result of the Stockholm Conference on the Human Environment, which was the first
major conference on international environmental issues. UNEP serves as the leading
global environmental authority that sets the global environmental agenda, promotes
the coherent implementation of environmental aspects of sustainable development
within the United Nations system, and serves as an authoritative advocate for the
global environment. It provides leadership and encourages partnership in caring for
the environment by inspiring, informing, and enabling nations and peoples to improve
their quality of life without compromising that of future generations.

Stockholm Declaration 1972
Background: The Stockholm Declaration was adopted at the 1972 United Nations
Conference on the Human Environment in Stockholm, marking the first major UN meeting
to address environmental issues.
Significance: It placed environmental issues at the forefront of international

concerns and initiated a global dialogue on the relationship between economic growth,
pollution, and human well-being.
Contents:
• 7 Truths: These truths highlighted humanity's role as both creators and molders
of the environment, emphasizing the importance of protecting and preserving
nature.
• 26 Principles: These principles outlined guidelines for environmental protection
and management, covering various aspects such as human-centric rights and
responsibilities, sustainable development, preventive actions, compensation for
victims, cooperation among nations, and others.
Action Plan: The conference also adopted an action plan containing 109 recommendations
aimed at addressing environmental problems, establishing Earthwatch, and implementing
financial and institutional arrangements for environmental protection.
Effects: The Stockholm Declaration led to the creation of the United Nations
Environment Programme (UNEP) and paved the way for subsequent international
conventions on environmental preservation. It also influenced the enactment of
environmental laws in various countries.
Challenges: Despite its principles and recommendations, environmental degradation

has continued, indicating challenges in implementing effective measures to address
pollution and protect natural resources.
Conclusion: While the Stockholm Declaration raised awareness about environmental

issues and set important goals for nations, there remain challenges in translating
principles into action and achieving meaningful environmental protection on a global
scale.
7 Truths
• Interdependence of Man and the Environment: Recognized the close relationship
between human well-being and environmental health.
• Global Environmental Concerns: Acknowledged that environmental issues require
international cooperation.
• Principle of Sustainable Development: Advocated for development that meets
present needs without compromising future generations.
• Precautionary Principle: Stressed the importance of preventive action in the
face of environmental threats.
• Environmental Protection as a Fundamental Human Right: Affirmed the right to
a healthy environment for all individuals.
• Role of Education and Public Awareness: Highlighted the importance of
environmental education and public awareness.
• Responsibility of States and Governments: Emphasized the role of governments
in formulating policies for environmental protection.
Here are the 26 principles summarized:

1. Human beings are entitled to a healthy and productive environment.
2. The natural environment and its resources must be safeguarded.
3. The Earth's capacity to produce renewable resources must be maintained.
4. Ecosystems must be managed to maintain their stability and resilience.
5. Resources must be managed to meet current needs without compromising future
generations.

6. Non-renewable resources must be used sparingly and efficiently.
7. Pollution must be prevented to ensure environmental quality.
8. Environmental damage must be prevented and rectified.
9. Development policies must integrate environmental and social considerations.
10. Environmental education must promote awareness and understanding of
environmental issues.
11. Public participation is essential in environmental decision-making.
12. Women play a crucial role in environmental management and development.
13. Indigenous people's perspectives and knowledge must be respected and
considered.
14. States have the sovereign right to exploit their own resources but must not
harm others.
15. International cooperation is necessary to address environmental issues of
global concern.
16. Developing countries require special assistance to address environmental
challenges.
17. Science and technology must serve environmental protection and development.
18. Environmental policies should reflect scientific knowledge and experience.
19. Planning and management must account for the long-term consequences of human
activities.
20. Environmental standards and management strategies must be periodically
reviewed and updated.
21. Appropriate mechanisms must be established for environmental impact
assessment.
22. In cases of environmental emergencies, assistance must be provided to affected
areas.
23. States must cooperate to combat environmental emergencies and disasters.
24. Environmental information must be accessible and disseminated widely.
25. Education and training programs should foster environmental awareness and
expertise.
26. Environmental research must be promoted to address emerging challenges and
uncertainties.
United Nations Environment Programme (UNEP) and its role in monitoring the
implementation of principles outlined in the Stockholm Declaration, as well as its
involvement in subsequent environmental initiatives such as the Rio Earth Summit in
1992. Here's a summary:
1. UNEP Monitoring: The UNEP is responsible for overseeing the implementation of
environmental principles outlined in documents like the Stockholm Declaration.
However, despite having 58 member countries, its monitoring capabilities may
vary depending on resources and capacity.
2. Scope of Monitoring: UNEP's monitoring efforts encompass various aspects of
the environment, including food security, forest conservation, and wildlife
protection.
3. Rio Earth Summit (1992): The Rio Earth Summit, officially known as the United
Nations Conference on Environment and Development (UNCED), took place in Rio
de Janeiro in June 1992. It produced the Rio Declaration on Environment and
Development, which included 26 principles aimed at guiding sustainable
development practices worldwide.
4. Key Objectives: The Rio Declaration emphasized the importance of environmental
protection and sustainable development. It addressed issues such as
biodiversity conservation, climate change, and poverty alleviation, among
others.
5. Global Contributions: The declaration highlighted the collective
responsibility of all countries to contribute to environmental protection
efforts. This often involves financial contributions to support initiatives
aimed at safeguarding the environment and promoting sustainable development
worldwide.

CASE LIST
CASE 1 : GM Trail Smelter Arbitration Case 1896 .................................. 4
CASE 2 : Indian Council for enviro-legal Action vs Union of India: ............... 9
CASE 3 :Case: Society for protection of silent valley VS Union of India & others . 9
CASE 4 :Rural Litigation & Entitlement Kendra Versus state of U.P. R.L.EK Vs State
Of U.P.1985 AIR 652, 1985 SCR (3) 169 ........................................... 10
CASE 5 : M.C. Mehta Vs Union of India ( 1986) Oleum GAS Leak with Hazardous Substances
(1987 ) A IR 1086 63 - Decided on Feb - 17-1986 ................................. 10
CASE 6 : BHOPAL GAS LEAK DISASTER CASE .......................................... 11
CASE 7: M.C. Meḥta Vs Kamal Nath (2000)6 SCC 213: ............................... 12
CASE 8 :MIS Abhilash Textile Vs Rajkot Municipal Cooperation, AIR(1988 )Guj. 57 (58,
60,62 ) ......................................................................... 12
CASE 9: Vellore citizen welfare forum Vs Union of India AIR( 1996 )SC 2715. ..... 13
CASE 10: M.C Mehta Vs Union of India - Aravalli Mining Case 2006 AIR SCW 2214 ... 13
CASE 11: Olga Tellis v. Bombay Municipal Corporation (1986 AIR 180, 1985 SCR): .. 14
CASE 12: TN Godavarman Vs Union of India( 2012 ) 3 SCC 277 ...................... 14
CASE 13: Centre for Public Interest litigation V's Union of India ( 2012 ) 3 SCC 1
................................................................................ 14
CASE 14: T. Damodar Rao Vs Municipal Corporation of HYD A.I.R ( 1987 ) AP: 171 Srp
................................................................................ 14
CASE 15: Association for Environment Protection Vs State of Kerala .............. 14
CASE 16: M.C. MEHTA & ANR.vs. SHRI RAM FOODS AND FERTILISER INDUSTRIES AND OTHERS:
In the MC Mehta vs Union of India, the Supreme Court of India initiated the 'Absolute
Liability Principle' stating that in the case of industries like Shriram that are
engaged in inherently dangerous activities, the rule of absolute liability will be
applied. ........................................................................ 16
CASE 17: Bamford v Turnley ...................................................... 16
CASE 18: M.C. Mehta v/s Union Of India: Ganga Pollution Case .................... 16
CASE 19: Ram Baj Singh Vs Babulal AIR ( 1982 ) All 285 .......................... 16
CASE 20: Arvidson v. Reynolds Metals Company .................................... 17
CASE 21: The Mukesh Textiles mills Private limited Vs HR Subramanya Sastry ...... 17
CASE 22: Kurnool Municipality Vs Civic Association .............................. 17
CASE 23: Municipal Council, Ratlam vs Shri Vardhichand & Ors .................... 17
CASE 24: Deshi Sugar Mill vs. Tupsi Kahar, 1925 ................................. 18
CASE 25: Krishna Gopal Vs State of MP ........................................... 18
CASE 26: Nagarjuna Paper Mills Ltd. Vs sub-divisional Magistrate (1987) ......... 18
CASE 27: Silent Valley Case ..................................................... 20
CASE 28: Om Prakash Chowdary vs. State of Rajasthan ............................. 21
CASE 29: Vilas Shankar Donode V state of Maharashtra ............................ 21
CASE 30: TN Godavarman Vs Union of India( 2012 ) 3 SCC 277 ...................... 21
CASE 31: M.C. Meḥta Vs Kamal Nath (2000)6 SCC 213: .............................. 21
CASE 32: RLEK VS UP State ....................................................... 21
CASE 33: Mahesh Kumar Viribhai Trivedi Vs State of Gujarat. ..................... 22
CASE 34: Kamalakant Pandey Vs Prabhagiya Van Adhikari obra . AIR 2005, All 136: . 22
CASE 35: Gujarat Navodaya Mandal Vs State of Gujarat AIR 1998 Gujarat 141. ..... 22
CASE 36 :Wildlife Rescue & Rehabilitation Centre v. Union of India, (2016) 1 SCC 716.
................................................................................ 22
CASE 37: Rajendra Kumar v. Union of India. AIR 1998 Raj 165. .................... 22
CASE 38: K. Muniasamy Thevar v. Deputy Superintendent of Police(SC. held) ....... 23
CASE 39: Animal Welfare Board of India Vs A Nagaraja 2017 ....................... 23
CASE 40: Narmada Bachao Andolan Vs UOI: Dam was Constructed on Narmada river /Aravalli
Hills in 1994 project started. SC. Rejected Remedies ............................ 24
CASE 41: M.C.Mehta Vs U.O.I AIR 2004 SĆ : 118 . Mining at Aravali. Mining at Aravali
EIA Assessment is required; after that only you can continue the project, SC said.
................................................................................ 24
CASE 42: M.C. Mehta Vs U.O.I ( Ganga pollution )( 1988 ) SC 471: Ganga pollution in
Kanpur city is at the highest level. Kanpur city had chemical oxygen in very high
Ganga, which is not good to drink. .............................................. 24

CASE 43: Sachidanand Pandey Vs State of Bengal AIR ( 1995 ) Guj. 185. state Board
Cochin, Auto mobile pollution ................................................... 24
CASE 44: Indian Council For Enviro-Legal Action vs Union Of India ( 1996 ) 55cc 281
................................................................................ 30
CASE 45: M.C. Mehta vs Union Of India & Ors. on 29 April, 1999 .................. 30
CASE 46 :Maneka Gandhi v Union of India (AIR 1978 SC): .......................... 32
CASE 47 :Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh: ..... 32
CASE 48 :M. C. Mehta v Shriram Food and Fertilizer Industries (Oleum Gas Leak Case-
I): ............................................................................. 32
CASE 49 :Subhash Kumar v State of Bihar (AIR 1991 SC 424): ...................... 32

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ENVIRONMENTAL LAW

UNIT II: Common Law remedies ......................................................................... 16

Environment Law I Page 1 of 42 Venu Chennupati

Environment Law I Page 2 of 42 Venu Chennupati

Unit-III: The law relating to the preservation, conservation and protection of

Unit-V International Environmental Regime - Transactional Pollution - State Liability

Environment Law I Page 3 of 42 Venu Chennupati

UNIT 1: Environmental Law

Dec 12, 2023

Pollution: According to the UK Environment Protection Act, pollution means the

Dec 13, 2023

Environment Law I Page 4 of 42 Venu Chennupati

The arbitration successfully imposed state responsibility for transnational air

Auditing of Environment: Every Country, according to its space or area, has to

Stockholm Declaration/Conference – 1972

Dec 14, 2023

Environment Law I Page 5 of 42 Venu Chennupati

Dec 15, 2023

Causes of Noise Pollution & Conditions

According to the Government, it has divided the areas into zones.

Dec 16, 2023

Environment Law I Page 6 of 42 Venu Chennupati

Reasons for the Global warming

Dec 18, 2023

Protecting the Environment

Sustainable Development: The concept of sustainable development first emerged in the

Sustainable development is a broad term that describes policies, projects, and

Environment Law I Page 7 of 42 Venu Chennupati

N.D. Tiwari Committee 1980:

Recommendations of the Tiwari Committee

Environment Law I Page 8 of 42 Venu Chennupati

This Six Recommendations to sustain for next future

CASE 2 : Indian Council for enviro-legal Action vs Union of India:

CSR - Corporate Social Responsibility Sec - 135 of Company law

It is a business model by which companies make a Concerted effort to operate in ways

Environment Law I Page 9 of 42 Venu Chennupati

PIL- Public Interest Litigation

Environment Law I Page 10 of 42 Venu Chennupati

CASE 6 : BHOPAL GAS LEAK DISASTER CASE

Environment Law I Page 11 of 42 Venu Chennupati

Article 19(1)(g) - Right to practice any profession, occupation, Trade or

CASE 7: M.C. Meḥta Vs Kamal Nath (2000)6 SCC 213:

1. No one has a right to carry on a business to Cause a nuisance to society. One

Environment Law I Page 12 of 42 Venu Chennupati

Environment Law I Page 13 of 42 Venu Chennupati

Right to livelihood Article 21.

Directive principles- Article 47 and Article 48(A)

Article 48(A): Protection and improvement of environment and safeguarding forests

CASE 12: TN Godavarman Vs Union of India( 2012 ) 3 SCC 277

CASE 15: Association for Environment Protection Vs State of Kerala

Jan 10, 2024

Directive Principles Article 51:

Environment Law I Page 14 of 42 Venu Chennupati

Directive principles. Vs Fundamental Duties

Environment Law I Page 15 of 42 Venu Chennupati

Exemplary Damages: loss of organs or dead

4 are characteristics of Nuisance

Jan 11, 2024

CASE 17: Bamford v Turnley

Remedies for nuisance