Environment Protection Act ,1986

United nations conference - Stockholm – 1972

United nations conference – Rio De Janeiro – 1992 – Earth Summit
UN Conventions – 1982- CFC

Growing Attacks of Environment

Poisonous gas Industrial Revolution Exploitation of Forest
Loud noise Nuclear Energy greenhouse effect
Ozone Depletion Acid rain natural soil
global warning water resources
Statutory Laws
Wildlife Protection Act, 1972 Bhopal Gas leakage Disaster Act, 1985
Water Act, 1974 Environment protect Act,1986
Air Act 1981
The Forest conservation Act, 1980 Public Liability Insurance act, 1991
National green Tribunal Act, 2010 National Tribunal 1995
• Common law- by courts
• Statutory law- by legislations

Environment protection Act, 1986

• Environment Definition – 2(a)
• Environmental Pollution – 2 (c)
• Environmental Pollutant – 2 (b)
Sources of Kinds of Pollution
1. Natural causes
2. Artificial causes
a. Population Growth
b. Industrialisation
Different Kind of Pollution
1. Water – effluents-toxic substances – enacted Water Act,1974 – 2(e ) – pollution
Contamination, alteration, discharge
2. Air – ozone depletion, Air Act 1981,NO2, SO2 Acid rain: Tree killed,
Anthropogenic- human interaction on Environment
3. Land or Soil
4. Noise or Sound pollution- Church of God (Gospel) v KKR majestic Colony
5. Food Pollution
6. Radioactive pollution- Atomic energy Act, 1962
Stockholm Declaration – 1972 – 26 principles
UNEP –setup in Geneva -1973
Rio Summit- 1992- Earth Summit

Common law Relating to Environmental protection

Tortious Liability
1. Nuisance
a. Private
b. Public
St Helens Smelting Co v tipping – Fumes damages trees
Ram baj Singh v Babu Lal – Brick grinding machine, doctor consulting
2. Trespass
 3. Negligence
Naresh Dutt Tyagi v State of UP : chemical pesticides stored in residential area
4. Strict Liability
Rylands v Fletcher
MC Metha v Union of India – 1987, Art 21, Oleum Gas, Tis Hazari court
Advocate died
Damages
Mukesh textiles Mills v H R Subramanya Sastry -Sugar factory, molasses,
burrowing activity rodents, paddy field
Injunction
• Temporary
• Perpetual / Permanent
J C Galstaun v Dunia Lal Seal – Garden house, shellac factory, foul smell,
waste to drainage
B Venkatappa v B Lovis – chimney, towards respondents side.

Statutory law Relating to Environmental

Read above for Statutory laws- Legislatures

IPC 1860
1 268 to 294A offences affecting public health, safety
2 277 Punishment for fouling water, public reservoir
3 278 Air pollution punishment
4 268 Public Nuisance, Noise
5 290 Punishment for Noise pollution
6 284 to 286 Handling poisonous substances
7 426-430-431-432 Environment pollution control sections
Criminal Procedure 1973
1 133 to 155 Remedies for all pollutions
2 133 DM or SDM remove Public nuisance

Ratlam Muncipality v Vardichand - Drainage

Govind Singh v Shanti Sarup - Baker, Oven chimney
P C Cherian v State of Kerala - rubber factory carbon emission
Tata Tea Ltd v State of Kerala – tea factory effluents to river- EM no jurisdiction
M Krishna paniker v Appukuttan nair- Division bench – overruled Tata Tea
Krishna Gopal v State of MP – Glucose factory, house, sound of boiler
Aji Mehta v State of Rajasthan – loading and unloading of fodder, residents’ hazard

Civil Procedure 1908

1 91 action case of public Nuisance
Central Motor Vehicle Rules, 1989
1 112 to 116 Air pollution
2 119 to 120 Sound pollution

Some more Acts

The Factories Act, 1948 Indian Boilers Act, 1923
The Atomic Energy Act, 1962 Indian Forest Act , 1927
The Merchant Shipping Act, 1958 Food and Safety & Standards Act, 2006
Constitutional Provisions – Environmental Protection
42nd Amendment
• Part IV- Directive principles – 48A- state shall improve and protect
• Part VI A- Fundamental Duties – 51 A(g) – Citizen, Protect and secure
• Part III – Fundamental rights
Rights Violated – 32 SC, 226 HC
• Art 21 – life and liberty
1987 Live in Pollution Free environment, Art 21, Oleum, Tis Hazari
1988 factory waste to ganga river
MC
1992 Stone crushing Delhi, Faridabad and Ballabgarh
Mehta
1996 PIL Save Delhi from Non-hazardous waste, shift 168 Industries
1997 Taj Mahal case, Stop coal factories in Trapezium zone,

T Damodar Rao v S O Municipal Corp , Hyderabad – 48A- 51A, state also has duty
Rural Litigation and Entitlement v State of UP- Dehradun Quoring case, Mining
F K Hussain v Union of India – Art 21
Bangalore Medical Trust v B S Muddappa – Park demolished, to hospital
S Jagannath v Union of India – sea beaches, sea coast, prawn farming degradation of
mangrove
Virender Gaur v State of Haryana – Art 21, human dignity
P A Jacob v Superintendent of Police Kottyam – Ast 21

Judicial Activism, Public Interest Litigation – 32/226- locus standi- CPC- Order 1 Rule 8 , CrPC- 133
Cases of MC Mehta
Rural Litigation and Entitlement v State of UP- Dehradun Quoring case, Mining
Murali S Deora v Union of India- Public smoking

Doctrine of Sustainable Development

Brundtland Commission – 1987, Rate of depletion should be minimum
• All human beings have the fundamental right to a good environment
• State shall conserve and use environment for the future generations
Rural Litigation and Entitlement v State of UP- Dehradun Quoring case, Mining
Indian Council for Enviro Legal Action v Union of India – H- Acid case, Bichhri Village
industries
Vellore Citizen Welfare Forum v Union of India – TN Tanneries case- effluents by tanneries ,
river Palar polluted,35,000 hec of agriculture land unfit for cultivation, well polluted
ND jayal v Union of India -Art 21
1. Polluter pays principles
Indian Council for Enviro Legal Action v Union of India- H Acid case
Indian Council for Enviro Legal Action v Union of India- Coastal protection
Vineeth Kumar Mathur v Union of India – Gomathi River, Mohan Meakine Ltd Co
2. Precautionary principles
MC Mehta v Union of India – Taj mahal case, Taj Trapezium zone
Doctrine of Public Trust
State is the Trustee of all resources
Natural resources - Public use cannot be converted to Private use
Kamal Nath v Union of India – Riparian Forest land at the bank of river Bias to pvt Company
named Span Motels Pvt ltd for construction of Motel, dig banks of river to change the river
flow, state breach of public trust
THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
Section Description
63 Empower Central Govt to Make rules
64 Empowers State Govt to make rules

2(e) Water Pollution (Contamination, Alteration, Discharge, Sewage effluent

2(j) Stream
3 constitute central pollution control board
4 Constitution of State Boards
5 Terms and conditions of service of members
6 Disqualifications
13-15 Joint Boards
16-18 Power and Functions of Board
24 Prohibition on use of stream or well for disposal of polluting matter
25 Restrictions on new outlets and new discharges
30 Power of State Board to carry out certain works
32 Emergency measures in case of pollution of stream or well
33 Power of Board to make application to Courts
33AA Power to give directions
34-40 Funds and accounts Audit
47 Offences by companies
48 Offences by Government Departments
49 Cognizance of offences
59 Protection of action taken in good faith

Air Act 1981

Section Description
53 Empower Central Govt to Make rules
54 Empowers State Govt to make rules

3 Central Pollution Control Board

4 State Pollution Control Boards
5 Constitution of State Boards.
8 Disqualifications
15 Delegation of powers.
19-31A Prevention and Control of Air Pollution
19 Power to declare air pollution control areas
20 Power to give instruction about automobile emission
21 Restrictions on use of certain industrial plants.
22 Persons carrying on industry, following rules avoid air pollution
22A restraining persons from causing air pollution
24 Power of entry and inspection
28 State Air Laboratory.
31 Appeal
31A Power to give directions.
 38-39 Penalties
40 Offences by companies
41 Offences by Government Departments
42 Protection of action taken in good faith.
43 Cognizance of offences

Environment Protect Act 1986

Section Description
2(a) Environment
2(c) Environmental Pollution
2(b) Environmental Pollutant
2(e) hazardous Substances
3 Power of Central Government
4 Appointment of officers and their powers and functions
5 Power to give directions.
6 Rules to regulate environmental pollution
7 Persons carrying on industry, operations, etc., not to allow emission or discharge
8 Persons handling hazardous substances
12 Environmental laboratories.
15 Penalty for contravention of the provisions of the Act
16 Offences by companies
17 Offences by Government Departments
18 Protection of action taken in good faith.
19 Cognizance of offences.

Green Tribunal 2010

Section Description
3 Establishment of Tribunal
4 Composition of Tribunal
5 Qualification of Tribunal

6 Appointment of Chairperson, Judicial Member and Expert Member

14 - 25 Jurisdiction, Powers and Proceedings of the Tribunal
15 Relief, compensation and restitution
22 Appeal to Supreme Court
26 Penalty for failure to comply with orders of Tribunal
27 Offences by companies
28 Offences by Government Department
Orders
Yamuna conservation Zone
Ban on Old Vehicles at Delhi
Forest
• Public
o Reserved
o Village
o Protected
• Private

Indian Forest Act , 1927

Section Description
3 to 27 Reserved Forests
3 Power to reserve forests
8 Powers of Forest Settlement-officers
11 Power to acquire land over which right is claimed
20 Notification declaring forest reserved
25 Power to stop ways and water-courses in reserved forests
28 Village Forest
29 to 30 Protected Forest
35 to 38 Control over the Forest not being property of Government
52 to 69 Penalties
72 to 75 Forest officers

Forest Conservation Act, 1980

Section Description
2 Restriction on the de-reservation of forests or use of forest land for non-forest purpose
3 Constitution of Advisory Committee
3A Penalty for contravention of the provisions of the Act
3B Offences by authorities and Government departments
4 Power to make rules
5 Repeal and saving

Wildlife Protection Act, 1972

Section Description
3 to 8 Authorities appointed and constituted
9 Prohibition of hunting.
17 A to H Protection of Specified plant
18 to 34 Sanctuaries
35 to 36 National Parks
39 to 49 Trade and purchase of Wild animals
50 to 58 Prevention of offences and penalties
58 A to Y Forfeiture of property for illegal hunting