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Water Use and Environment Protection

Constitutional Provisions and Legal Aspects

----- Dr. K. Vidyullatha Reddy Associate Professor NALSAR University of Law

Water Governance
Policy Prioritizing Uses, cultural, Privatization Law conservation, pollution, protection Technical Infrastructure such as dams, quality standards Geographical Surface, Ground, glaciers Administration Ministry, Department, PCB Management Inter State waters, Oceans, lakes Research and Development - Water sheds, drip,
water harvesting

Constitutional Provisions
seventh schedule of the Constitution of India Entry 56 of Union list: Regulation and development of
inter-state rivers and river valleys to the extent to which such regulation and development under the control of the union is declared by Parliament by law to be expedient in the public interest. Entry 17 of State list: Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of list I.

Contd.- The constitutional amendments (73 rd and 74 th) have empowered local bodies in issues concerning drinking water, watershed development, rain water harvesting etc.

Constitutional Provisions
Article 47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health- the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. Article 48A Protection and improvement of environment and safeguarding of forests and wild life- the State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country. Article 51A (g) To protect and improve the natural environment including forests, lakes rivers and wild life, and to have compassion for living creatures.

Water Pollution
Constitution Article 32 and Article 21 Water (Prevention and Control of Pollution) Act 1974 Public Nuisance Tort and Crime Easement riparian user

Constitution Article 32 and 21

M.C.Mehta V Kamalnath ((1997) 1 SCC 388)
Doctrine of Public Trust

Vellore Citizens Welfare forum V Union of India (AIR 1996 SC 2715) Precautionary Principle Indian Council for Enviro Legal Action V Union of India and others (AIR 1996 SC 1446)
Polluter Pays Principle

Rivers and Environment Protection

M.C.Mehta V Union of India and others (AIR 1998 SC 1037) Ganga- Kanpur Tanneries M.C.Mehta V Union of India and others (AIR 1988 SC 1115) Ganga - Municipalities Narmada Bacao Andolan etc.V Union of India and others (2000 AIR SCW 4809)

Lakes and Environment Protection

Nainital Lake Dr. Ajay Singh Rawat V Union of India and others ((1995) 3 SCC 266) Badkhal and Surajkund lakes M.C.Mehat V Union of India and others ((1997) 3 SCC 715 Hussain sagar lake A.P. Pollution Control Board V Prof. M.V.Nayudu and others ((1999) 2 SCC 718) Dal lake Kolleru, Ooty lake etc.

Water (Prevention and Control of Pollution) Act 1974

Pollution Control Boards Section 25, 26, 27 & 33A followed by penalties Standards Regulates pollution only- point source

Water (Prevention and Control of Pollution) Cess Act 1977

Cess as per the schedule Differential Cess Purpose Rebate Augmenting resources for PCBS

Environment (Protection) Act 1986

Enabling Legislation Umbrella Legislation Protection Central Government delegate Coastal Regulation Zone Notification 1994

Coastal Regulation Zone Notification

Indian Council for Enviro Legal Action V Union of India ((1996) 5 SCC 281) S.Jagannath V Union of India and others (AIR 1997 SC 811) Swaminathan Committee Vulnerability, CMP,
Authorities, Disater Management

Public Nuisance
Sections 268, 277 and 290 of IPC Section 133 of Cr.P.C. The punishment prescribed in section 188 of I.P.C. is more stringent compared to the punishment prescribed in section 290 of I.P.C. when an action for public nuisance is initiated before judicial magistrate under section 290 of I.P.C. for violating section 268 of I.P.C. the pain of punishment is only fine of Rupees 200 as compared to the action before executive magistrate that can be initiated under section 133 of Cr.P.C. which comprises of imprisonment or fine or both. So the party initiating action will find it more suitable to avail recourse as per section 133 Cr.P.C. than to avail recourse under 290 I.P.C.

Public Nuisance
State of M.P. V. Kedia Leather and Liquor Ltd. and Ors. (AIR 2003 SC 3236)

Andhra Pradesh Land, Water and Trees Act 2002 River Boards Act (1956) Inter State Water Disputes Act (1956) National Water Policy 2002 National Environment Policy 2006