Definitions

have been used under

Section 2of the Act defines various expressions which
the Act. The expressions so defined are as follows:
includes
(a) Environment.--According to Section 2 (a), "Environment
water, air and land and the inter-relationship which exists among and
between water, air and land and human beings, other living creatures, plants,
micro-organism and property"-(Section 2 (a)]. The dictionary meaning of the
word 'Environment is two-fold- (a) external conditions or surroundings
especially those in which people live or work; (b) in ecological sense it means
the external surroundings in which a plarnt or animal lives which tend to
induence its development and behaviour. In the Act the word 'environment' is
used in the latter sense. It consists of all the components, which go together to
make human life possible both organic and inorganic. Thus, the Statutory
definition is very exhaustive and wide in its scope.) According to Dr. T.N.
Khosoo,2 "Environment is the sum total of all conditions and influences that
affect the development and life of all organs."
The definition given under Section 2 (a) is wide enough as it is inclusive. It
is the principle of interpretation that where definition is given by including
certain matters, then it cannot be narrow in sense but wide in its meaning. Justice
Gaiendra Gadkar has laid down in the case of Hospital Majdoor Sabha,3 that
1. See the "Statement of Objects and Reasons" of the Environment (Protection) Act, 1986.
2. Ex-Secretary, Ministry of Environment, cited in law, Science and Environment, Ed. Anand
and R.P. Khan Rahmatullah and Bhatt, Section 1987; Lancers Book.
3. AIR 1960 SC610 (614).
RITY 234
ENVIRONMENTAL LAW

on
where definition is inclusive, it is to be interpreted in broad and not in narrow
d sense. The word "includes" may be taken in thesense of 'means'.!
It may further be said that as the definitionof environment under Section 2
(a) is inclusive definition, therefore, it does not exhaust the entire universeof
what is covered by the word 'environment'. Exhaustive definitions. in an
evolving field like environmental control, are likely to lead to recourse to
judicial interpretation of highly complex scientific and technological matters,
whose complexion is ever changing as knowledge accumulates dynamically.2
b) Environmental Pollutant.--The definition of "Environmental
Pollutant" as given under Section 2 (b)of the Act is in the following words:
"Environmental Poilutant" means any solid, liquid or gaseous substance
present in such concentration as may be, or tend to be, injurious to
environment. Numerous elements which combine together to form our
environment do not exist at random. They are in combination in definite
proportion and interact with one another. Such elements are present in
solid, liquid or gaseous form. If the composition of environment is disturbed
owing to some reason, i.e., either owing to presence of a foreign substance or
owing to change in their concentration, and a new composition is likely to
make environment injurious or harmful to the living beings, the substances
making the environment injurious are termed as environmental pollutants,
such as toxic substances, street filth etc. The injurious nature of environment
may be felt in relation to light, smell or taste.
(e Environmental Pollution.-According to Section 2 (c),
"environmental pollution" means the presence in the environment of any
environmental pollutant.
Scientists' consider the definition clauses disappointing. According to
them, heat, radiation and plasma and organisms like bacteria are not
included in the definitions of environmental pollutant and environmental
pollution. Their view is that it is not only the presence of pollutants, but
also the absence or decrease of essential non-pollutants, for example, the
decreased quality of oxygen that will also result in environmental
pollution.4
(YHandling.--Section 2 () of the Act defines it as follows:
"Handling" in relation to any substance, means the manufacture,
processing, treatment, package, storage, transportation, use, collection,
destruction, conversion, offering for sale, transfer or the like of such
substance. Handling, thus, simply means any activity in relation to any
substance. The use of the word "Handling" has also been made in the
definition of hazardous substance.

1
South Gujarat Roofing Tile Manufucturers Association v. State of Gujarat, AIR 1977 SC 90.
2 Upendra Baxi, Environment Protection Act: An Agenda, for Implementation, 6 (1987).
3. P.G. Kurup, 'Environmental Protection Act. AScientists view, pp. 251-257.
4 P.G. Kurup., Id., He explains, "This is how organic pollution occurs. Organic wastes from paper
pulp planis.. are not poIsonous material; bue if they are discharged into rivers without proper
treatment, increase in oxygen demand leads to serve water pollution," p. 255.
ENVIRONMENT PROTECTION.... ENVIRONMENT APPELLATE AUTHORITY ACT 235

r Hazardous Substance.-As provided under Section 2: (e).

"Hazardous substance" means any substance or preparation which, by reason of
its chemical or physio-chemical properties or handling is liable to cause harn
to human beings, other living creatures, plants, micro-organism, property or the
environment. The substance need not itself beharmful. If the effect caused by it
is harmful, it is hazardous substanee.
(9 Occupier.-According to Section 2 (), "Occupier" in relation to any
factory or premises, means a person who has control over the affairs of the
factory or premises and includes in relation to any substance, the person in
possession of the substances. The definition consists of two parts. First part
defines "occupier" in relation to any factory or premises and in relation to it
the occupier is the person who has control over the affairs of factory or
premises. The second part seeks to define occupier in relation to any substance
and in relation to that an occupier is a person who has possession of the
substance.
(g) Prescribed.-As laid down under Section 2 (8), "prescribed" means
prescribed by rules made under this Act, i.e., the Environment (Protection) Act,
1986.
All the above definitions make it clear that the EPA intends to cover a
very wide range of subject matters relating to environment protction.

AGeneral Powers of theCentral Government--Powers of Central

Governmentto take measures to protect and improve environment
/Concentration of powers in the hands of Central Government is the main
fedture the Environment Act. The provisions relating to this topic are extended
from Sections 3to 6.)Section 3 (1) of the Environment (Protection) Act, 1986 lays
down as follows:
"Subject to the provisions the Central Government shall have the
power to take all such measures as it deems necessary or expedient for the
purpose of protecting and improving the quality of the environment and
preventing controlling and abating environmental pollution."
This is sweeping power found only in wartime regulation. Obviously, this
legislative move meant business. The power to protect and improve the quality
of environment, constitutional commitment, is stated to be one coupled with
duty.?
Sub-section (2) of Section 3 provides that the measures taken by the Central
Gdvernment may include measures with respect to all or any of the following
matters, namely:
(i) Coordination of actions by the State Governments, officers and other
authorities:
(a) under this Act or rules made thereunder;or
1. The Essential Commodities Act, 1955 giving such a power (Section 3) is an illustration of a peak
time legislation which had its genesis during the post World War lI period.
2 Ina meeting of experts in August 1986 in Ahmedabad, just after EPA was enacted, it was clear
that this power is one coupled with duty and that mandamus will lie if nothing is done
Indian Law Institute, Environmental Protection: An Agenda for Implementation.
236
ENVIRONMENTAL LAW

(b) under any law for the time being in force which is relatable to the
objects of this Act;
planning and execution of anationwide programme for the preventtot
control and abatement of environmental pollution.
(in laying down standards for the quality of environment in its va
aspects;
(y laying down standards for emission or discharge of environmente
pollutants from various sources whatsoever;
be laid
Provided that different standards for emission or discharge mayquality or
down under this clause from different sources having regard to the
Composition of the emission or discharge of environmental pollutants trom su
SOurces;

(V)festriction of areas in which any industries, operations or procesSes

case of
shall not be carried out subject to certain safeguards. In theSupreme
Andhra Pradesh Control Board v. Pro. S.V. Naidu,! the
Km. from
Court held that where establishment of industries within 10
Government
the sea of Himayae and Osman was prohibited, the State
cannot exempt any industry to be established there.
(V) laying down procedures and safeguards for the prevention of accidents
pollution and remedial measures tor
which may cause environmental
such accidents;
laying down procedures and safeguards for the handling of hazardous
substarnces;
(viii) examination of such manufacturing processes, materials and substances
as are likely to cause environmental pollution;
(ix) carrying out and sponsoring investigations and research relating to
problems of environmental pollutions;
inspection of any premises, plant, equipment, machinery,
manufacturing or other processes, materials or substarnces and giving by
order, of such directions to such authorities, officers or persons as it may
consider necessary to take steps for the prevention, control and
abatement of environmental pollution;
(xi) establishment or recognition of laboratories and institutes to carry out
the functions, entrusted to such environmental laboratories and
institutes under this Act:
(xii) collection and dissemination of intormation in respect of matters
relating toenvironmental pollution;
(viii)) preparation of manuals, codes guides relating to the prevention, control
and abatement of environmental pollution;
(viw) such other matters as the Central Government deems
expedient for the purpose of serving the effective
necessay
the provisions of this Act. ) implementation of
1. (2001) 2 SCC62.
POSec.

ENVIRONMENTAL LAW
288
the Central Government to constitute an
empowers such of the
Section 3(3) of the Act of exercising or performing
purpose
authority or authorities for the the powers to issue directions and for taking
including referred to above as may be
powers and functions to such of the mnatters as are Central
measures with respect
subject to the supervision and controlof the
mentioned in the order and powers and
Such authority or authorities may exercise the order as if such
Government. measures so mentioned in the
performn the functions or take the those
authorities had been empowered by this Act to exercise
authority or such measures.
perform those functions or take
powers or
powers in order to achieve the objectives of the
While exercising its provided in Section 3 (2) the Supreme Court in
Environment (Protection) Act, as
Mehta v. Union of India,' passed orders giving direction to all cinema
M.C. containing information and messages on
halls for exhibition of slides
valuable information relating to
environment, free of cost, spread oflanguages through television and All
environment in national and regional programmes. In addition to this, it also
India Radio in regular and short term compulsory subject in school and
desired that environment should be made a
colleges.
In the case of F.B. Taraporawala and others V. Bayer India Ltd,2 the
Government to constitute an
Supreme Court issued directions to the Central
the relocation of industrial
authority as provided under Sectiorn 3(3) to examine
Maharashtra Regional and Town
and residential areas. Under Section 46 of
so as to minimise risk to
Planning Act and Environment (Protection) Act, 1986, chemical
industries especially the
the people residing in the neighbourhood of The Court laid emphasis on the
industries in the light of Bhopal experience. industries in residential
point that no risk can be taken by permitting chemical
report within
area. The Court further directed the Authority to submit its
three months.
India,3 the
In the case of Vellore Citizen's Welfare Forum v. Union of fields,
tanneries were found discharging intricated effluent into agricultural
road slides, water ways and open land. Ultimately discharged in the river the
the
main source of water supply to the residents of area. In such a situation
Court issued directions for maintaining standards stipulated by the Pollution
Control Board. The Court further directed the High Court of the State to
constitute Special Bench "Green Bench" to deal with the case and other
environmental matters.
The Supreme Court in several cases has directed the Central Government to
constitute "Authority" as laid down under Section 3 (3) of the EPA. For
example, in Vellore Citizen's Welfare Forum v. Union of India, the Supreme
Court observed:

"The main purpose of the (Environment) Act is to create an authority or

authorities under Section 3 (3) of the Act with adequate power to control
1 AIR 1992 SC 382.
2 AIR 1987 SC 1109.
3 AIR 1996 SC 2715.
4 (1996) 5 SCC 647.
snd
uchCOnst o ENVIRONMENTAL LAW

knOrstita
as
u pollution and protect environment. It is a pity that till date no authority
has been constituted by the Central Government. The work which is
requiredto be done by an authority in terms of Section 3(3) read with other
provisions of the Act is being done by this Court and the other Courts in this
that the Central Government realies s
country. It is high time
environment in
responsibility and statutory duty to protect the degrading
Se the country."
Central Government to constithute a
In this way, the Court directed the
all the powers to deal with the
authority and confer on this authority polluting industries in the State of
situation created by tanneries and other
the Court that the authority so
Tamil Nadu. It was further directed by Principle" and the "Polluter
constituted shall implement the "Precautionary
Pays Principle."
"Loss of Ecology
Accordingly, the Central Government constituted the State of Tamil
Authority for
(Prevention and Payment of Compensation) implement the "Polluter Pays
Nadu which was also conferred the power to
Principle" and the "Precautionary Principle."
light of directions given by the Supreme Court in numerous cases the
In the "Environment Impact Assessment for
Central Governmnent has constituted the (Prevention and
"Environment Pollution
the National Capital Region" and the
Control) Authority for the National Capital Region."
It is submitted that theCentral Government can discharge its obligation to
creating such authorities in all the
protect and improve the environment by
States and Union Territories
functions.
Appointment of officers and their powers and may apPpoint
Government
|According to Section 4 of the Act, the Central entrust to them such
and may
officers with such designations as it thinks fit
officers appointed shall be subject
powers and functions as it may deem fit.)The Central Government and also under
general control and direction of the
to the may be constituted by the
the control of the authority and authorities which
Central Government or of any other authority or officer. the Central
Power to give directions.According to Section to5,the provisions
subject
Government may, notwithstanding anó other law, but officer
person or or any autnoy
of this Act issue directions in writing to any to comply with
such
and such person, officer or any authority shall be bound power to direct
direction. The power to issue directions shall include the
(a) the closure, prohibition, or regulation of any
industry, operation or
process; or other
water or any
(b) stoppage or regulation of the supply of electricity or
service. )
Supreme Court has held
In Sachidanand Pandey V. State of W.B.,' the duties, the Court. is not in
that when it comes to the enforcement of fundamental necessary
to the nakers. The Court may also give
a position to leave it policy
direction.
1 A TR 1q9k SC 1.109
ENVIRONMENT PROTECTION. ....ENVIRONMENT APPELLATE AUTHORITY ACT 239
The Supreme Court in the case of Vellore Citizens Welfare Forum v. Union
of India.i has directed that the Central
Government shall also confer the
nowers under Section 5 on the authority constituted under the Act.
Rules to regulate environmental pollution.-The Central Government
is
enpowered under Section 6 to make rules in respect of all or any of the
matters referred to in Section 3. The rules made by the Central Government may
provide for all or any of the following matters, namely:
(a) the standard of quality of air, water or soil for various areas and
purposes;
(b) the maximum allowable limits of concentration of various
environmental pollutants including noise for different areas;
(c) the procedures and safeguards for the handling of hazardous
substances.
(d) the prohibition and restrictions on handling of hazardous substances in
different areas;
(e) the prohibition and restriction on the location of industries and
carrying on processes and operations in different areas;
(f) the procedures and safeguards for the prevention of accidents which
may cause environmental pollution and for providing for remedial
measures for such accidents[Section 6 (2)].)
In a leading judgment the High Court of Karnataka has laid down that
where due to operation of industrial units in residential areas, the quality of
air is so polluted that it becomes injurious to the health of people the Court
may direct for the removal of such industrial unit from the residential area.
Since the right to life as enshrined in Article 21 of the Constitution of India
contemplates qualitative life which is possible only in an environment of
quality, therefore an order for its removal can validly be made:?
Allowing the petition, the Court observed:
"Entitlement to a clean environment is one of the recognised basic
human rights and human rights jurisprudence cannot be permited to be
thwarted by status quoism on the basis of unfounded apprehensions.
5. Prevention, Control and Abatement of Environmental Pollution
Chapter I of this Act deals with this topic. The provisions from Sections
tO 17 contain provisions relating to prevention, control and abatement of
environmental pollution. The provisions are as follows: