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LL.B.

V Term
Paper LB - 5037 - Environmental Law
Prescribed Legislations: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. The Water (Prevention and Control of Pollution) Act, 1974 The Air (Prevention and Control of Pollution) Act, 1981 The Environment (Protection) Act, 1986 The Public Liability Insurance Act, 1991 The National Environment Tribunal Act, 1995 The National Environment Appellate Authority Act, 1997 The Biological Diversity Act, 2002 (18 of 2003) The Wildlife (Protection) Act, 1972 The Forest (Conservation) Act, 1980 The Indian Forest Act, 1927 The Scheduled Tribes and Other Traditional Dwellers (Recognition of Forest Rights) Act, 2007.

Prescribed Books: 1. Shyam Diwan and Armin Rosencranz, Environmental Law and Policy in India Cases, Materials and Statutes (2nd ed., 2001) 2. P. Leelakrishnan, Environmental Law Case Book (2nd ed., 2006) 3. Gurdip Singh, Environmental Law in India (2005) 4. P. Leelakrishnan, Environmental Law in India (3rd ed., 2008) 5. Stuart Bell & Donald Mc Gillivray, Environmental Law (7th ed., 2008) Recommended Readings: 1. 2. 3. 4. 5. The National Environment Policy, 2006 The National Forest Policy, 1988 The National Water Policy, 2002 The Wildlife Conservation Strategy, 2002 The World Commission on Environment and Development, Our Common Future, 1987 6. C.S.E., The State of Indias Environment 1984-85, The Second to Fifth reports 1986-1999 7. IPCC Fourth Assessment Report (AR4). Climate Change 2007.

Chapter 1 : Environment and Pollution (2 Lectures) Environment Meaning and Scope; Pollution Air, Water, Environmental - Meaning, Causes and Effects; Dimensions and Magnitude of the Problem of Environmental Degradation; Need for Legal Control of Pollution. Chapter 2 : International Environmental Law (3 Lectures) 1. Human Right to Healthy Environment; Convention on Access to Information, Public

Participation in Decision-making and Access to Justice in Environmental Matters, 1998 (Aarhus Convention)
2. U.N. Conference on Human Environment, 1972 Stockholm Principles, Establishment of Environmental Institutions like UNEP. 3. World Charter for Nature, 1982 4. Ozone Protection Montreal Protocol for the Protection of Ozone Layer, 1987 as amended 5. U.N. Conference on Environment and Development, 1992 - Rio Principles; U.N. Convention on Biological Diversity,1992; Cartagena Protocol on Biosafety, 2000; U.N. Convention on Climate Change1992, Kyoto Protocol, 1997; Forest Principles; Agenda 21 6. Johannesburg Conference, 2002 7. Delhi Summit, 2002 Chapter 3 : Fundamental Principles of Environmental Protection (3-5 Lectures) Development v. Environment; Sustainable Development Meaning, Definition, Object and Scope; Inter-generational and Intra-generational Equity; Precautionary Principle; Polluter Pays Principle; Public Trust Doctrine 1. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446 (Bichhri Village case) 2. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715 3. A.P. Pollution Control Board v. M.V. Nayudu, AIR 1999 SC 812 4. Narmada Bachao Andolan v. Union of India, AIR 2000 SC 3751 5. Goa Foundation, Goa v. Diksha Holdings Pvt. Ltd., AIR 2001 SC 184 6. M.C. Mehta v. Union of India, AIR 2002 SC 1696 (CNG Vehicles case) 7. T.N. Godavarman Thirumulkpad v. Union of India, AIR 2005 SC 4256 8. Intellectuals Forum, Tirupathi v. State of A.P., AIR 2006 SC 1350 9. Ms. Susetha v. State of Tamil Nadu, AIR 2006 SC 2893 1 15 23 35 56 62 72 82 93

Chapter 4 : Constitutional Perspective (3-5 Lectures) Human Right to Healthy Environment; Fundamental Rights - Right to Wholesome Environment - Article 14 (Right to equality, non-arbitrary and non-discriminatory treatment), Article 19(1)(g) (Freedom to carry on trade or business), Article 21 (Right to life, livelihood and wholesome environment) and Article 32 (Right to Constitutional remedies); Directive Principles of State Policy Article 47, 48-A; Fundamental Duty Article 51-A(g); Article 226 (Powers of High Courts); Public Interest Litigation - Nature Non-Adversarial, Collaborative, Co-operative and Investigative; Locus Standi - Pro Bono Publico; Representative Standing; Citizens Standing 10. Subash Kumar v. State of Bihar, AIR 1991 SC 420 11. T.N. Godavarman Thirumulkpad v. Union of India, AIR 2006 SC 177 12. Rural Litigation and Entitlement Kendra v. State of U.P., AIR 1982 SC 652 (Dehradun-Mussorie Hills quarrying case) 13. M.C. Mehta v. Union of India, AIR 1997 SC 734 (Taj Trapezium case) 14. M.C. Mehta v. Kamal Nath (1997) 1 SCC 388 14A M.C. Mehta v. Kamal Nath, AIR 2000 SC 1997 14B M.C. Mehta v. Kamal Nath, 2002 (2) SCALE 654 15. Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109 16. Tarun Bharat Sangh v. Union of India, AIR 1992 SC 514 (Sariska Case) 17. M/s. Abhilash Textiles v. Rajkot Municipal Corpn., AIR 1988 Guj. 57 18. M.C. Mehta v. Union of India, (2006) 3 SCC 399 (Closure of industries in Delhi) 19. Forum, Prevention of Environment & Sound Pollution v. Union of India, AIR 2006 SC 348 20. Karnataka Industrial Areas Development Board v. C. Kenchappa, AIR 2006 SC 2038 97

101 105 118 129 132 136 150

154 157

Chapter 5 : Prevention and Control of Water Pollution (5 Lectures for Chapter 5 and 6 combined) The Water (Prevention and Control of Pollution) Act, 1974 Water Pollution Meaning; Central and State Pollution Control Boards Constitution, Powers and Functions; Water Pollution Control Areas; Samples of Effluents Procedure; Consent Requirement Procedure, Grant/Refusal, Withdrawal, Review, Appeals, Revision; Restraint Order; Citizen Suit Provision; Offences and Penalties; The Water Cess (Prevention and Control of Pollution) Act, 1977 21. M.C. Mehta v. Union of India, AIR 1988 SC 1037 (Kanpur Tanneries case) 22. M.C. Mehta v. Union of India, AIR 1988 SC 1115 (Municipalities case) 23. M/s. Delhi Bottling Co. Pvt. Ltd. v. Central Board for the Prevention and Control of Water Pollution, AIR 1986 Del. 152 24. Municipal Council, Ratlam v. Vardichand, AIR 1980 SC 1622 25. State of M.P. v. Kedia Leather & Liquor Ltd., AIR 2003 SC 3236 26. U.P. Pollution Control Board v. Dr. Bhupendra Kumar Modi (2009) 2 SCC 147 167 176 183 186 194 198

Chapter 6 : Prevention and Control of Air Pollution The Air (Prevention and Control of Pollution) Act, 1981- Air Pollution Meaning, Causes and Effects; Central and State Pollution Control Boards - Functions; Air Pollution Control Area; Consent Requirement - Procedure, Grant/Refusal, Withdrawal; Restraint Orders; Citizen Suits; Noise Pollution (Regulation and Control) Rules, 2000; Offences/Penalties; Vehicular pollution 27. 28. 29. 30. M.C. Mehta v. Union of India, AIR 1997 SC 734 (Taj Trapezium case) Murli S. Deora v. Union of India, AIR 2002 SC 40 M.C. Mehta v. Union of India, AIR 2002 SC 1696 (CNG Vehicles case) Forum, Prevention of Environmental & Sound Pollution v. Union of India, AIR 2005 SC 3136 31. Orissa State Prevention and Control of Pollution Board v. M/s. Orient Paper Mills, AIR 2003 SC 1966 32. Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association, AIR 2000 SC 2773 Chapter 7 : Environmental Protection (3-5 Lectures) The Environment (Protection) Act, 1986 Aims and Objects; Meaning of Environment and Environmental Pollutant; Powers and Functions of the Central Government; Environment Authority - Constitution; Delegation Powers; Offences/Penalties; Effectiveness of the Act; Environmental Impact Assessment, 2006; Environmental Audit; Coastal Regulation Notification, 1991 (as amended up-to-date); The National Environment Appellate Authority Act, 1997 - Constitution, Powers, Functions 33. 34. 35. 36. 37. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715 S. Jagannath v. Union of India, AIR 1997 SC 811 (Shrimp Culture case) M.C. Mehta v. Union of India, AIR 2002 SC 1696 (CNG vehicles case) F.B. Taraporawala v. Bayer India Ltd., AIR 1997 SC 1846 A.P. Pollution Control Board v. M.V. Nayudu, AIR 1999 SC 812 Chapter 8 : Handling of Hazardous Substances Legal Controls Legal Control of Hazardous Waste, Bio-Medical Waste, Genetic Engineering; Industrial Accidents Principle of No fault and Absolute Liability; Public Liability Insurance The Public Liability Insurance Act, 1991; The National Environment Tribunal Act, 1995 38. 39. 40. 41. M.C. Mehta v. Union of India, AIR 1987 SC 965 (Oleum Gas Leakage) M.C. Mehta v. Union of India, AIR 1987 SC 982 M.C. Mehta v. Union of India, AIR 1987 SC 1086 M.C. Mehta v. Union of India, AIR 1996 SC 2231 (Re-location of Industries in Delhi) 234 247 253 226 207

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42. Union of India v. Union Carbide Corporation, AIR 1990 SC 273; AIR 1992 SC 248 43. Charan Lal Sahu v. Union of India, AIR 1991 SC 1480 44. Research Foundation for Science v. Union of India, 2007 (10) SCALE 594. Chapter 9 : Protection and Conservation of Forests, Biodiversity and Wildlife (3-7Lectures)

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The Indian Forest Act, 1927; The Forest (Conservation) Act, 1980; National Forest Policy 1988; Guidelines, 1994; Kinds of Forest Land - Private, Reserved, Village, Protected; Deeservation of Forests - Non-Forest Use of Forest Land; Rights of Tribals, Forest Dwellers; Use of Forest Land - Mining, Eco-Tourism, Mega Projects The Biological Diversity Act, 2002; Protection of Wildlife - The Wildlife (Protection) Act, 1972; Sanctuaries and National Parks; Licensing of Zoos and Parks 45. Union of India v. Kamath Holiday Resorts, AIR 1996 SC 1040 46. Tarun Bharat Sangh v. Union of India, AIR 1992 SC 514 (Sariska Case) 47. T.N. Godavarman Thirumulkpad v. Union of India, AIR 1998 SC 769; AIR 2005 SC 4256 48. Indian Handicrafts Emporium v. Union of India, AIR 2003 SC 3240 49. K.M. Chinnappa v. Union of India, AIR 2003 SC 724 50. Bimal N. Desai v. State of Karnataka, AIR 2003 SC 2246 Important Note: 1. The topics, legislations and cases mentioned above are not exhaustive. The teachers teaching the course shall be at liberty to add new topics/legislations/cases. 2. The students are required to study the legislations as amended up-to-date and consult the latest editions of books. 3. The question paper shall include one compulsory question. The question papers set for the examinations held during 2010-11 and 2011-12. ***** LL.B. V Term Examinations, December, 2010 Note: Attempt five questions including Question No. 1 which is compulsory. All questions carry equal marks. 271

1. Attempt briefly any four of the following: (i) Intra-generational Equity as basis of sustainable development. (ii) Citizen Suit Provision. (iii) What is deep pocket theory (iv) What is Environmental Impact Assessment? (v) How will you define environmental pollutant?

2. States shall ensure that activities within their jurisdiction and control do not result in damage to the territory of other states or properties of persons therein. Discuss with reference to developments in international environmental law spelling out the principles relating to transboundary air pollution. 3. (a) It is better to err on the side of caution and prevent environmental degradation which may indeed become irreversible. Discuss with reference to precautionary principle and decided cases, if any. (b) What is scope of pubic trust doctrine? 4. The petitioner filed a writ petition by way of public interest litigation to prevent respondents, a Governmental undertaking, from discharging their industrial effluent into the river. It was alleged that such discharge of effluent into river has made the river what unfit for drinking and irrigation purposes. The respondents have shown that irriegation purposes. The respondents have shown that the petitioner was himself interested in collecting the industrial effluent and the refusal by the respondents has led to the filing of the petition. Discuss whether the petitioner is entitled to any relief. Cite the decided cases, if any. 5. Can the court direct the polluter to install the treatment plant while passing an order in proceedings under Section 33 of the Water (Prevention and Control of Pollution) Act, 1974? Discuss with reference to the facts and decision of Delhi High Court in Delhi Bottling Co. Pvt. Ltd. Vs. Central Board for the Prevention and Control of Water Pollution (AIR 1986 Delhi 152). Spell out the essential features of section 33. 6. Can the Environmental Authority established by the Central Governmental under Section 3(3) of the Environmental (Protection) Act, 1986 direct the stoppage of electricity supply to the polluting industry for failure to comply with the provisions of the Act? Spell out the inadequate and weaknesses of the Environmental (Protection) Act, 1986. 7. What is principle of absolute liability of the polluter? How will you distinguish it from principle of strict liability? Is it codified? Discuss the scope of the principle with reference to judgement of the Supreme Court in Shriram Gas Leakage Case and Public Liability Insurance Act, 1991. 8. Write note on: (i) Non-forest use of forest land; (ii) Salient features of the Biological Diversity Act, 2002. LL.B. V Term Supplementary Examinations, June-July, 2011 Note: Attempt five questions including Question No. 1 which is compulsory. All questions carry equal marks.

1. Attempt briefly any four of the following: (i) Meaning of Environmental Pollution (ii) Environmental Impact Assessment Notification 2006. (iii) Non-Forest use of forest land

(iv) Constitution of Central Pollution Control Board (v) Intger-generational and Intra-generational Equity 2. The history of international environmental lialgue is a history of attempts to bridge contradictory ideological premises and divergent realities to further a common environmental agenda. Elucidate the above in the light of international environmental dialogue from Stockholm toJohannesburg. 3. Enormous quantities of highly toxic trade effluents emitted by Industry X, has caused grave damage to village Z, which has become the vicinity of chemical industrial plants in India. It poisoned water, earth and everything that came in contract with it and caused death and disease in the whole village. It lead to collective revolt by the villagers leading to the imposition of Sec. 144 Cr. P.C. by the District Magistrate. As per the order of the Magistrate, the chemical industries have been closed. However the consequence of this action, viz the enormous damage done to the water, earth, cattles, and the plants remained to be addressed. What judicial remedies are available to the villagers? Discuss the principles of environmental law to be applicable in this situation. Base your answers on the decided cases. 4. A PIL was filed by an NGO, in the High Court, highlighting the mining activities which have denuded the Mussoorie Hills of trees and forest cover and accelerated soil erosion resulting in landslides and blockage of underground water. The court ordered for the closure of polluting quarries. On appeal to the Supreme Court, the quarry owners as well as the workers employed therein contend that, closing down order can not be passed in view of their sight to life U/A 21 of the Constitution. Decide. 5. (i) Describe various functions and duties of Central Government under Environmental Protection Act, 1986. (ii) The main purpose of EPA is to create an authority under the ?Act with adequate powers to control pollution and protect the environment. It is pity that till date no authority has been constituted by the Central Government. The work which is required to be done by an authority is being done by this court ---. Elucidate with the help of case law. Cite the relevant statutory provisions. 6. Discuss in detail the procedure relating to the: (i) Consent requirement and (ii) Collection of sample of effluents, under the Water (Prevention and Control of Pollution) Act, 1974. Refer to judicial precedents. 7. What are legal dimensions of sustainable development? Discuss in the light of decided cases. 8. Describe the meaning, scope and inter-relationship of Strict Liability, Absolute Liability and Polluter Pays Principle. Which of these principles have been codified by the legislative in India? Briefly explain the statutory law.

LL.B. V Term Examinations, December, 2011 Note: Attempt any five questions. All questions carry equal marks.

1. 2.

Explaining the need for National Green Tribunal Act, 2010 critically describe its Jurisdiction and Powers. We gave to evolve new principles and lay down news norms which would adequately deal with the new problems which arise in a highly industrialized economy. M.C. Mehta v. UOI, AIR 1987 SC 1086. Which new principle has been evolved by Supreme Court in the above mentioned case? Elucidate.

3.

Although there are existing laws dealing directly or indirectly with environmental matters, it was felt necessary to have a general legislation for environmental protection. Outline the reasons which necessitated the enactment of Environmental Protection Act, 1986. Also discuss the powers of the Central Government to protect and improve the environment.

4.

A.P. Pollution Control Board made a complaint to the Metropolitan Magistrate u/s 33 of the Water (Prevention and Control of Pollution) Act, 1974, restraining the Nayudu Bottling Co. Pvt. Ltd. From causing pollution by discharging trade effluent. It was stated in the complaint that the company has not put up any treatment plant and a sample of the trade effluent. It was stated in the complaint that the company has not put up any treatment plant and a sample of the trade effluent was lifted which, on analysis, has been found as not conforming to the parameters of the correct order of the company. The company contended that the sample was not divided into two parts on required by Section 21 of the Act, hence it is not admissible in law. The Board on the other had contended that Section 21 does not come into operation for lifting of a sample for the purpose of getting an order u/s 33 of the act. Decide.

5.

States must ensure that activities within their jurisdictional and control do not result in environmental damage to other states. Discuss in the light of various developments in International Environmental law.

6.

(i) (ii)

Discuss whether citizens have duty to protect and improve the environmental under Constitution of India? Explain the concept of Probono Publico with reference to locus standi in environmental public interest litigation.

7.

In the light of Indian Council for Enviro-legal vs. UOI, AIR 1990 SC 1416, discuss the statutory provisions, principles of law and various directions given by Supreme Court to provide relief to the Bichhoi villagers. Write short notes on any two: (i) (ii) (iii) Inter-generational and Intra-generational equity, Environmental Impret Assessment. Duty of the State of protect the environment under Constitution of India.
LL.B. V Term Examinations, June-July, 2012

8.

Note:

Attempt any five questions. All questions carry equal marks.

1.

States must ensure that activities within their jurisdiction and control do not result in damage to the environment of the other states. Comment in the light of U.N. conference on Human Environment at Stockholm in 1972 and other international treaties, Conventions and declarations adopted to protect and improve the environment.

2.

What do you mean by Precautionary Principle? What is the difference between Precautionary Principle and Assimilative Capacity Principle? Does Precautionary Principle shift the onus of proving environmental benign nature of the development activity from those who challenge the developmental activity to the author of the developmental activity to the author of the developmental activity? Discuss in the light of decided cases. (a) What is the significance of intergenerational equity and intergenerational equity in the concept of sustainable development? (b) What is special importance of Public Interest Litigation in environmental protection cases? Discuss. Any change in basic environmental elements like soil, water, air etc., is hazardous for life and violates Article 21 of the Constitution of India.

3.

4.

Discuss in the light of the holding of the Supreme Court in the case of M.C. Mehta v. Kamal Nath, AIR 2000 S.C. 1997 and Narmada Bachao Andolan V. U.O.I., AIR 2000 S.C. 3751. 5. A filed a complaint in the State Pollution Control Board (SPCB) claiming that an industry X was discharging untreated effluents in the river. The SPCB directed industry X to establish effluent treatment plaint within two months. After lapse of two months, the SPCB order the closure of industry X on the ground that industry X did not comply with the direction of the Board. Discuss the validity of the order in the light of the provisions of Water Act, 1974. What are powers and functions of the Central Government under Environment (Protection) Act? Do you agree that too much concentration of powers with the Central Government under the Act is not justified? Spell out the weakness of the Act. Is principle of absolute liability for damage caused as a result of handling of hazardous substances codified in India? How does it differ from principle of strict liability? What is Deep Pocket Theory for determining the scope of liability of the polluter? Discuss in the light of decided cases. Discuss the Constitution and Jurisdiction of the National Green Tribunal under the National Green Tribunal Act, 2010. How the Act has amended the water Act, 1974; AIR Act, 1981 and Environment (Protection) Act, 1986? Discuss.

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LL.B. V Term

Environmental Law

Cases Selected and Edited by


Gurdip Singh Usha Tandon Manju Arora Relan Shabnam L. Pushpa Kumar

FACULTY OF LAW
UNIVERSITY OF DELHI, DELHI-110 007
July, 2012