CHAPTER - III

FACTORS RESPONSIBLE FOR ENVIRONMENTAL

POLLUTION

The world is facing many problems at modern era. Environment

pollution is one of the most important problems in our world. India is not
exception. It has also many problems. Environment pollution is one of
them. Every problem has its factors so; environment pollution has also
many factors by which increased environment pollution. We mentioned in
details about factors responsible for environment pollution in this chapters.

As we know that one of the mayor threats that our environment is

facing to day is environment pollution. It is increasing with every passing
year. It is causing grave and irreparable damage to the atmosphere. The
mechanization of society, the urbanization, introduction of motorized
vehicles and the explosion of the human population have caused and
exponential growth in the increase of waste by products. The
indiscriminate discriminate discharge of untreated industrial and domestic
wastes into waterways, the “Throw way” attitude towards thousands of
bones of solid resulted in major environment disasters.

First up all we should know about environmental pollution.

“Environmental pollution means the presence in the environment of any
environmental pollutant.”1

‘Environmental pollutant’ means any solid liquid or gaseous

substances present in such concentration as may be, or tent to be injurious
to environment.2

1
Sec (2) The Environmental protection Act, 1986
2
See (2) ibid.

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 “Environmental Pollution” is a term that refers to all the ways by
which people pollute their surroundings. People dirty the air with gases
and smoke, poison the water with chemical and other substances, and
damage the still with too many fertilizers and pesticides. It is one of the
most serious problems the humanity is facing to day.
The expression pollutes means “to get spoil or to make unclear or
impure or unhealthy.” The word pollution is derived from the Latin word
polluters, when means “defined or to make dirty or to pollute.”
The expression ‘pollution’ denotes “the presence of wrong matter in
wrong quantity and at wrong place.” It refers to a process, by which a
resources, material or man made is rendered unfit for some beneficial use
due to some physical, chemical or biological factors.
According to the Random House Dictionary of the English language
(1977), pollute means
a) to make fact or unclean, dirty;
b) to pollute the air with smoke;
c) to make impure or mostly unclear, defile, desecrate to soil.3
Pollution means the direct or indirect discharge by man of
substances or energy into aquatic environment resulting in hazard to
human health, harm is living resources and aquatic ecosystem, damage to
amenities or interference with other legitimate uses of water.4
In other words, pollution is a civil wrong, be its very native it is a tort
committed against the community as a whole. A person, therefore, who is
guilty of causing pollution, has to compensate for the damages for the

3
ibid p 117
4 th
Halsbuny’s Law of England Vol. 38 (4 Edn.)

71
restoration of environment and ecology.5
Thus we can define to pollution according to above mentioned
definitions that pollution is the affection undesirable changes in our
surroundings that have harmful effects on plants, animals and human
beings. This occurs when only short-term economic gains are made at the
cost of long terms ecological benefits for humanity. No phenomenon has
led to greater ecological changes than has been made by mankind. During
the last few decades we have contaminated our air, water and land or which
life itself depends with a variety of waste products.
Pollutant can be classified as primary or secondary it means there
are two types of the pollutant.
Primary pollutant or secondary pollutant primary pollutant are
substances that are directly emitted in the atmosphere from sources. The
main primary pollutant known to cause harm in high enough construction
one the following carbon compounds, Nitrogen Compound, Sulpher
Compound, Halogen Compounds etc.
Secondary pollutants are not directly emitted from sources but
instead from in the atmosphere from primary pollutant, (also case
‘procurers’). The main secondary pollutants known to course are in high
enough constriction are the following NO2 and HNO3 from NO, Ozone
(O3) formed from photo-chemical reaction of nitrogen oxide.
Sulphoric Acid droplets formed from SO2 and Nitric Acid droplets
formed from NO2 Sulphate and Nitrates aerosols.
1. Factor responsible for Environmental pollution:
Factors of pollution and environmental degradation are of two
kinds:

5
Justified S. Saghir Ahmad (M.C. Mehta Vs. Kamalnath, 200, 6 sec, 2013)

72
 (i) Natural Factor and
(ii) Man Made Factor.

(i) Natural Factor:

Factors which are responsible by nature is called Natural

factor. As food, cyclone, earthquake, Drought, molten Lava of
volcano, hurricane, twister, torrents, epidemic are the main natural
factors which factors environmental pollution, since they are agents
of nature and man has no control over them, they are known as
natural factors.

(ii) Man-made Factors:

Pollution which made by human being is called man-made

factors. Such as poverty growth, deforestation, agricultural
development, industrial development, urbanization. Modern
Productive Technology (MPT).

"Environmental pollution" is a term that refers to all the ways

by which people pollute their surroundings. People dirty the air with
gases and smoke. Poison the water with chemicals and other
substances, and damage the soil with too many fertilizers and
pesticides. It is one of the most serious problems the humanity is
facing today.

2. Factors of Environmental Problems:

The "Environmental Crisis" caused due to environmental and

ecological changes which is the result of developmental process of the
"economic and technological man" of the present century. In fact, if
the present century is marked by socio-economic, scientific and

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technological development on the one hand, it is plagued by serious
problems of environmental problems on the other hand. The
environmental crisis arising out of the environmental deterioration
caused by several forms of pollution depletion of natural resources
because of rapid rate of their exploitation an increasing dependence
on energy consuming and ecologically damaging technologies, the
loss of habitats due to industrial, urban and agricultural expansion,
reduction and loss of ecological populations due to excessive use of
toxic pesticides and herbicides and loss of several species of plants
due to practice of mono culture and removal of habitats through forest
clearance has now become of global concern. The life of common
man is being: so rapidly adversely affected by environmental
degradation caused by man himself that "there has been a marked
growth of interest within the last decade in the quality of the
environment, -the disruption of the earth's natural ecosystems and the
depletion of resources."

The most striking reason of the environmental degradation and

hence global environmental crisis is the fact deteriorating relationship
between man arid environment because of rapid rate of exploitation of
natural resources, technological development and industrial expansion.
The rate of environmental change and resultant environmental
degradation caused by human activities has been so fast and widespread.

The impact of man on environment through his economic

activities are varied and highly complex as the transformation or
modification of one natural condition and process leads to a series of
change in the biotic and abiotic components of the environment. The

74
 impacts of man on environment fall into two categories viz. (i) direct
or intentional impacts, and (ii) indirect or unintentional impacts.
Direct or intentional impacts of human: activities are preplanned and
premeditated because man is aware of the consequence. Both positive
and negative, of any programme which is launched to change or
modify the natural environment for economic development of the
region concerned. The effects of anthropogenic changes in the
environment are noticeable within short period and these effects are
reversible because both before and after studies of possible effects
may enable the man to set the negative defects right to certain extent if
so desired and intended. On the other hand the indirect impacts of
human activities on the environment are not premeditated and
preplanned and these impacts arise from those human activities which
are directed to accelerate the pace of economic growth, especially
industrial development. The indirect impacts are experienced after
long time when they become cumulative. This indirect effect of
human economic activities may change the overall natural
environmental system and the chain-effects sometimes degrade the
environment to such an extent that this becomes suicidal for human
being. Main Factors behind the environmental problem areas follows:
(i) Poverty:
Poverty contributes equally to both – population growth and
environmental pollution. “Poverty” has been defined as “the inability of
an individual or household to attain a minimal standard of living.”6 The
poor usually have low life expectancy, high infant mortality, and higher
incidence of disablement and higher consumption of natural resources

6
Our Planet, Our Health, Report of the World Commission on Health and environment (1992) 38

75
 in the form of food, folder and fuel. Unhygienic and insanitary
conditions are another by-product of poverty affecting human health.
“Poverty reduces people’s capacity to use resources in a sustainable
manner; it intensifies pressure on the environment.”
Sadly, the impoverishment of the poor is accompanied by
simultaneous and systemic erosion of the basic means of their sustenance,
the environment, with its life-supporting natural resources – land, water
and forest. It has now aptly been observed that we need no magnifying
glasses to see how inextricably the poor and poverty are linked to
environment.7
Planned and unbridled description of forests affected the poor,
non-medic groups and tribes in forests and who fulfill their fundamental
needs from the forest and its products. Thus, if trees disappear, rains will
be scarce, water resources will dry up, water table would go down – food,
fodder, and fuel will be not available and lastly, destruction of vegetation
means increased chances of drought and dry season. It may be slow but
definite destruction of human environment, because poor rural areas totally
depend upon forests and their products.
In urban area, problems and slums, pavement dwelling, insanitary
conditions, commotion, shortage of food, increased demand of coal, fire
wood and kerosene, shelter and energy are intimately connected with
poverty leading to environmental degradation and human health problem.
Therefore, the need of the times is some strategy including legal strategy to
contain the problem of poverty and to have sustainable development and
healthy environment.

7
Our Common Future, Report of the World Commission on Environment and Development (1987) 49

76
 In Olga Tellis V. Bombay Municipal Corpn.,8 the Supreme Court
observed that before payment dwellers and slum dwellers are evicted they
must be provided alternative sites with basic amenities like water,
community latrines, paved streets and lighting as to guarantee wholesome
environment under the expanded horizon of the right to life.

(ii) Deforestation

Forests are invaluable property of nation because they

provide raw materials to modern industries, timber for building
purposes, habitats for numerous types of animals and
micro-organisms, good friable and nutrient-rich soils having high
content of organic matter, offer protection to soils by binding the
soils through the network of their roots and by protecting the soils
from direct impact of falling raindrops, they encourage and increase
infiltration of rainwater and thus allow maximum recharge of
groundwater resources; minimize surface runoff and hence reduce
the frequency, intensity and dimension of floods. They help in
increasing the precipitation, they are natural sink of carbon dioxide
because they use carbon dioxide to prepare their food during the
process of photosynthesis, and they provide firewood millions of
people all over the world and food and shelter to innumerable
humans and animals. In fact, forests are "life line" of a nation
because prosperity and welfare of the society directly depends on
sound and healthy forest cover of a nation concerned. Forests are
main component of the biotic components of the natural
environmental system and the stability of the environment and

8
(1985) 3 SCC 545; AIR 1986 SC r 80

77
 ecological balance largely depend on the status of the forests of the
region concerned.

It is a matter of serious concern that the present recommend

addressed economic man has forgotten the environmental and ecological
significance of natural vegetations mainly forests and grasslands, who has
destroyed the forests so rapidly and alarmingly that the forests areas at
global, regional and local levels have so markedly decreased leading to
several serious environmental problems such as accelerated rate of erosion
through rain splash, sheet wash, rill and gully erosion, increase in the
frequency and dimension of floods, greater incidence of drought due to
decrease in precipitation etc. have plagued the modern human society.
From ecological point of view, at least one third of the total geographical
area of a country should be under rich forest cover but this general rule of
environmental significance has been flouted in many of the countries
Deforestation has immediate adverse effects on soils and land because of
exposure of ground surface to high intensity rainfall.

The major causes of deforestation at global and regional levels are

conversion of forest land into agricultural land, shifting cultivation,
transformation of forests into pastures, overgrazing, forest fires,
lumbering, multi-purpose river projects, etc.

Deforestation gives birth to several problems encompassing

environmental degradation through accelerated rate of oil erosion, increase
in the sediment load of the rivers, siltation of reservoirs and river beds,
increase in the frequency and dimension of floods and droughts, changes in
the pattern of distribution of precipitation, intensification of greenhouse
effects, increase in the destructive force of the atmospheric storms etc.,

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economic loss through damages of agricultural crops due to increased
incidence of floods and draughts decrease in agricultural production
-because of loss of fertile top soils, decrease in the supply of raw materials
to the industries and building materials etc. Thus deforestation causes a
chain of effects which adversely affect the natural environment.

(iii) Agricultural Development

Agricultural development means expansion of agricultural

land, increase in agricultural productivity and net agricultural
production. It is due to development of modern scientific
techniques, advanced technologies, increased production and use of
chemical fertilizers, expansion in irrigational facilities, development
of high-yielding varieties of seeds etc. This has solved the problem
of growing demand of food due to ever increasing world population
on the one hand; it has also created or is creating hazardous
environmental problems of serious concern on the other hand. Thus
the modern "economic" and "technological man" is at the cross road
of dangers in all directions.

The agricultural development degrades the environment in a

variety of ways e.g. (i) through the application of chemical
fertilizers and pesticides and insecticides, (ii) through the increase in
irrigational facilities and amount of irrigation, (iii) by making
changes in biological communities etc.

Conversion of forest land into agricultural farms on sloppy

79
 ground accelerates rate of soil erosion. Increased agricultural
production means increase in agricultural land at the cost of
destruction of forest and consequent soil erosion, substantial
increase in the productivity of land through the practice of intensive
cultivation, increased use of machines and modern scientific
techniques, application of chemical fertilizers, pesticides,
insecticides and herbicides, increase in the frequency and area of
watering of agricultural fields etc. All these processes and measures
of increased agricultural development cause several serious
environmental problems; it appears that the root-cause of all these
environmental problems arising out of agricultural development is
the increase of human population at alarming rate. So the foremost
step to be taken is to stop population growth because if population
continues to grow agricultural development has to be maintained.

(iv) Population growth

Growth of human population at alarming rate is the most

significant cause of the lowering of environmental quality and
ecological balance. For example, industrial expansion, urban growth
agricultural development, increase in means of transport and
communication etc. are the results of population growth because the
people must generate better facilities for their existence and better
life. The development of scientific techniques and advanced
technologies has to be done in order to save the humanity from
hunger and natural calamity and disaster. Thus it is obvious that
overpopulation is the root cause' of environmental degradation and
ecological imbalance. The Increase In population means more

80
 exploitation of natural resources which means inauguration of new
environmental problems.

(v) Industrial Development

Rapid industrial development has given economic prosperity

to human society has given new dimension to socio-economic
structure and' has provided material comfort to the people of
industrially developed countries but it has also created many fold
environmental problems. In fact, the glittering effects of
industrialization have affected the mind of the general public that
industrialization is now being considered as the parameter of
modernity and as a necessary element of socio-economic
development of a nation.

Rapid rate of industrialization resulted into rapid rate of

exploitation of natural resources and increased industrial output.
Both the components of industrial development e.g. exploitation of
natural resources and industrial production have created several
lethal environmental problems and have caused large-scale
environmental problems and ecological imbalance at global,
regional and local levels in a variety of ways. Exploitation of natural
resources in order to meet the industrial demand of raw materials has
resulted into (i) the reduction of forest covers due to reckless felling
of trees, (ii) excavation of land for mining purposes, (iii) reduction
IS arable land due to industrial expansion, (iv) lowering of
groundwater table due to excessive withdrawal of groundwater, (v)
collapsing of ground surface due to withdrawal of mineral oil and
groundwater etc.

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 Besides desired production there are numerous undesired outputs
from the factories such as industrial wastes, polluted water, toxic gases,
chemical precipitates, aerosols, ashes and smokes etc. which pollute air,
water, land, soils etc. and thus degrade the environment. The industrialized
countries have increased the concentration of pollutants emitted from the
factories in the air, water and land due to such an extent that they have
degraded the environment to the critical limit and have brought the human
society on the brink of its destruction.

The adverse effects of industrialization may change the overall

character of natural system and the chain effects sometimes become
suicidal for human society. Majority of the impacts of industrialization are
related to pollution and environmental degradation. The release of toxic
elements into the environment through the application of chemical
fertilizers, pesticides and insecticides (output of chemical industries)
changes the food chains and food webs and physical and chemical
properties of soils. Similarly, the release of industrial wastes into stagnant
waters of ponds, tanks and lakes into rivers and seas contaminates water
and causes several diseases and deaths of organisms and thus disturbs
ecological balance of aquatic ecosystems.

Increasing industrial expansion is responsible for the release of

enormous quantities of pollutants (e.g. ions of chlorine, sulphate,
bicarbonate, nitrate, sodium, magnesium, phosphate etc.) through sewage
effluents into the rivers and the lakes and thus for contaminating the water.
Release of several gases, smokes, ashes and other aerosols from the
chimneys of the factories adversely affects the environment in a number of
ways. The burning of hydrocarbon fuels (coal and petroleum) has

82
increased the concentration of C02 in the atmosphere and thus has changed
the natural gaseous composition of the atmosphere. The increase in the
concentration of C02 content of the atmosphere may change global
radiation and heat balance by increasing the level of sensible heat in the
atmosphere because C02 intensifies the greenhouse effect of the
atmosphere as C02 allows the solar radiation to pass through the
atmosphere and reach the earth's surface but stops the outgoing long wave
terrestrial radiation from escaping to the space release of
chlorofluorocarbon in the atmosphere causes depletion of ozone layer.
Depletion in ozone layer means less absorption of ultraviolet solar rays and
thus substantial increase in the temperature at eh earths’ surface. Thus
changes in the global radiation and heat balance caused due to increase in
the concentration of carbon dioxide in the atmosphere and depletion of
ozone layer may cause changes in weather and climatic conditions at
global and regional levels, may cause severe damages to plant and animal
lives and thus may cause ecological imbalance, may cause dangerous
diseases like skin cancer etc.

Release of toxic gases through advertent arid inadvertent actions of

man causes environmental hazards which destroy all types of life forms in
the affected areas. The Bhopal Gas Tragedy (December, 3-4, 1984, India)
is an example of disastrous effects of modern industrialization. Acid rains,
urban smog, nuclear holocaust etc. are the other forms of environmental
hazards emanating from industrialization.

(vi) Urbanization

Exodus of population from rural areas to urban centers and

origin and expansion of new urban centers due to industrial

83
 expansion and development are responsible for rapid rate of
exploitation of natural resources and several types of environmental
degradation and pollution in the developed and developing
countries. The level of urbanization in the developed countries of the
world has already reached its peak. The accumulation of wealth and
availability of more economic and job opportunities in the urban
centers have resulted into the concentration of population in the
congested metropolitan areas and thus the formation and growth of
big slum areas.

In fact, increasing urbanization means increase In the concentration

of human population in limited space which results in the increase of
buildings, roads and streets, sewage and storm drains, vehicles (motor cars,
truck, buses, motor cycles etc.) number of factories, urban wastes,
aerosols, smokes and dusts, sewage waters etc. which cause several
environmental problems. For example, increasing population of the urban
centers uses enormous amount of water for various purposes. The used
waste water like sewage water, if untreated, pollutes the streams and lakes
because the urban effluents are allowed to be drained into them.

Urban centers when combined with industrial sectors become more

hazardous from the standpoint of environmental problems and pollution.
Huge quantity of aerosols and gases is emitted from chimneys of factories
and vehicles which from ‘Dust Domes’ over the cities. These ‘Dust
Domes’ causes ‘Pollution Domes’ over the cities. The urban and industrial
growth has resulted into rapid rate of deterioration of the quality of air
because of heavy pollution of air through gases and aerosols emitted from
the vehicles, factories and house hold appliances. About 60 percent of the

84
pollution of Indian capital city of Delhi is contributed by vehicles. Calcutta
and Bombay metropolitan areas have also reached high level of air
pollution. Ac-cording to the survey, report of the National Environmental
research Institute, Nagpur (India), the level of air pollution in Delhi,
Calcutta, Bombay, Madras, Ahmedabad, Coachin, Hyderabad, Kanpur,
and Nagpur etc. has gone up. Besides industrial wastes from industrial
cities, huge quantity of urban solid wastes also creates environmental
problems. The quantity of urban solid wastes is rapidly increasing with
urban expansion and growth in urban population.

(3) Effect of Environmental Pollution:

(i) Effect of Air Pollution:

The atmosphere is a gaseous envelope which surrounds the earth

from all sides and the air is a mechanical mixture of several gases, mainly,
nitrogen (78.09%), oxygen (20.95%), argon (0.93%) and carbon dioxide
(0.03%). Besides, other trace gases like neon, krypton, helium, hydrogen,
xenon and ozone are also present. Air is very important for all types of life
in the biosphere.

It may be pointed out that air IS never pure because some gases such
as sulpher dioxide, hydrogen sulphide, carbon monoxi'de, emissions from
volcanoes and swamps, windblown dusts pollens from plants etc. are
continuously added to the air by the natural process. Thus the air becomes
polluted when its-natural composition is disturbed either by natural or
man-made sourced or by both.

85
 "Air pollution" means the presence in the atmosphere of any air
pollutant.9 “Air pollutant” means any solid, liquid or gaseous substance
(including noise) present in the atmosphere in such concentration as may
be or tend to be injurious to human beings or other living creatures or
plants or property of environment.10

Air pollution is generally accomplished through the pollutants of

gases, solid and liquid particles of both organic and inorganic chemical.

Major sources of air pollution are natural sources (volcanic eruption,

deflation of sands and dusts, wild fires of natural vegetation etc. and
man-made sources (industries, urban centers, automobiles, aircrafts,
agriculture, power, plant etc.). Air pollution may be divided on two bases
viz. (i) on the basis of types of pollutants and (ii] on the basis of sources of
pollutants. Air pollution is primarily caused through rapid rate of
industrialization and urbanization.

a) Carbon Monoxide (CO)

The major source of the production of carbon monoxide (CO)

is incomplete burning of fossil fuels like coal and petroleum and
wood charcoal. The automobiles using diesel and petroleum are the
major sources of carbon monoxide. Besides, carbon monoxides are
also produced from oil refineries, metallurgical operations and
numerous combustion engines. It is apparent that urban areas and
industrial centers are the more significant contributors of carbon
monoxide because they account for the largest number of
automobiles and industries. Carbon monoxide constitutes about 50

9
Sec 2(b), Air (Prevention and control; of pollution) Act. 1981
10
See 2(a), Air (Prevention and control of Pollution] Act, 1981.

86
 percent of the total air pollutants. It may be noted that carbon
monoxide is not toxic to plants but it causes respiratory problem and
suffocation, when inhaled, in the human bodies.

b) Carbon Dioxide (CO2)

Carbon dioxide gas is one of the natural gaseous components of the

atmosphere and in itself it is not harmful to human health rather it IS
a resource because plants manufacture their food through the
process of photosynthesis by using carbon dioxide (C02) in the
presence of sunlight and it is the food manufactured by green plants
upon which depend all organism including man. The content of CO2
in the atmosphere is increasing at an alarming rate because of two
major factors viz. (i) release of CO2 due to burning of fossil fuels
(coal and petroleum) at ever increasing rate and (ii) gradual decrease
in the consumption of CO2 because of shrinking forest covers due to
rapid rate of deforestation.
The higher concentration of carbon dioxide In the atmosphere
Increase the "Greenhouse Effect" of the atmosphere and thus
increases the temperature of the earth's surface because carbon
dioxide is more or less transparent to incoming shortwave solar
radiation and the thus allows the solar radiation to pass through the
atmosphere and reach the earth's surface but stops the outgoing long
wave terrestrial radiation from escaping to the space.
The increasing content of atmosphere carbon dioxide from
anthropogenic sources is expected to have far reaching effects on
global climate through gradual rise in temperature. Rise in
temperature because of increased "Greenhouse Effect" caused by

87
 increased content of atmospheric' carbon dioxide would cause
decrease in precipitation and soil moisture content in the most
developed agricultural regions of the world. If the concentration of
atmospheric carbon dioxide goes on increasing the oceans would be
overburdened to absorb the additional carbon dioxide which would
result in the gradual increase in the oceanic acidity. Increased
oceanic acidity would decrease biological productivity of the marine
ecosystems and thus decreased planed covers in the oceanic areas
would change the albedo of the ocean surface.

c) Chlorofluorocarbons (CFC) and Ozone (O3) Depletion:

The chlorofluorocarbons, popularly known as CFCs, belonging to

the category of chemicals synthesized by man for use in several
kinds of industries including refrigeration, are relatively simple
compounds of the elements Chlorine, fluorine and Carbon and are
initially stable compounds which do not have any toxic effect on life
process in the biosphere at the ground level. It may be pointed out
that the air is being increasingly populated due to release of CFCs in
the atmosphere. Thus the depletion of ozone due to increased
concentration of chlorofluorocarbons (CFCs) is one of the most
dangerous forms of air pollution.
Thus the ozone depletion caused by increased concentration
of chlorofluorocarbon would adversely affect the global climate,
biotic communities and human beings. The substantial increase in
the surface temperature of the earth would cause climate changes at
regional and global levels. The increases surface temperature and
exposure of human bodies to increased ultra-violet solar radiation

88
 would cause skin cancer. Increased exposure of human bodies to
ultraviolet solar radiation would decrease immunity of human body
against infectious diseases.

d) Methane (CH4)

The major source of the production of methane, which

belongs to the category of greenhouse gases, is anthropogenic
activities, such as burning of biomass and fossil fuels (coal,
petroleum and natural gas). Concentration of methane gas in the
stratosphere increases water vapour there and thus increased water
vapour together with other factors intensifies greenhouse effect of
the atmosphere which causes rise in the temperature of the earth's
surface.

e) Sulphur Dioxide (SO2):

Sulphur dioxide gas (SO2) is produced by both natural and

man made sources. After carbon monoxide (CO), sulphur dioxide is
the second most important contributor of air pollutants as it accounts
for about 29 percent of the total weight of all air pollutants. It may be
pointed out that sulphur is essential element for both plants and
animals only in trace amount but when concentration of sulphur
increases in the atmosphere, it becomes, injurious to both plants and
animals because increased concentration of sulphur increases the
acidity of water and lowers the pH of water significantly. The major
man-made sources of sulphur dioxide are thermal power plants
(where huge amount of coal is burnt to generate power), crude oil
refineries and automobiles which together account for 50 percent of

89
 total S02 pollution from man originated sources.
Sulphur dioxide' (SO2) through the photochemical reactions
with atmospheric oxygen (O2) and with water films on suspended
particulates produces sulphuric acids (H2SO4) which is highly
corrosive and leading culprit to human health and wealth. Sulphuric
acids coming down with rainfall cause ACID RAIN having very low
pH value ranging between 5 and 2.5. Acid rain IS very dangerous
hazard as it causes irreparable damage to agricultural crops, forests,
aquatic life and human bodies. It corrodes buildings, pollutes
drinking water, storage sources, and degrades soil biological
processes. The sulphur content present in coal and petroleum gets
converted into sulphur dioxide (SO2) on burning. This sulphur
dioxide after combining with smoke over urban and industrial areas
forms poisonous SMOG which causes respiratory diseases in human
body and sometimes causes deaths.

f) Nitrogen Oxide (NO):

A few oxides of nitrogen such as nitric oxide (NO), nitrogen oxide

(N2O), nitrogen dioxide (NO2) etc. are important air pollutants.
Nitrogan oxides are formed through natural processes as well as
through man induced processes. The main sources of man originated
nitrogen oxides are thermal power station, factories, automobiles
and aircrafts. In other words, nitrogen oxides are released to the
atmosphere through the burning of coal and petroleum. According
to an estimate each ton of coal after burning produces between 5 to
10 kilograms of nitrogen dioxide whereas one ton of -diesel and
petroleum consume by transport vehicles releases 25 to 30

90
 kilograms of nitrogen dioxide.
High concentration of nitric oxide causes several diseases in
human bodies such as gum inflammation, internal bleeding, oxygen
deficiency, pneumonia, lung cancer etc.

There was escape of oleum gas from one of the units of Shriram. On
4th and 6th December, 1985 and applications were filed by the Delhi Legal
Aid and Advice Board and the Delhi Bar Association for award of
compensation to the persons who has suffered harm on account of escape
of oleum gas.

The Supreme Court held that where and enterprise is engaged in a

hazardous or inherently dangerous activity and harm results to anyone on
account of an accident in the operation of such hazardous or inherently
dangerous activity resulting for example, in escape of toxic gas the
enterprise is strictly and absolutely liable to compensate all those who are
affected by the accident and such liability is not subject to any, of the
exceptions which operate vis-a-vis the tortuous principle of strict liability.
In such a case, the measure of compensation must be correlated to the
magnitude and capacity of the enterprise because such compensation must
have a deterrent effect. The larger and more prosperous the enterprise, the
greater must be the amount of compensation payable by it for the harm
caused on account of an accident in the carrying' on of the hazardous or
inherently dangerous activity by the enterprise.

The following statement of Bhagwati. C.J., which laid down the new
principle, may be noted.

"We are of the view that an enterprise which is engaged in

hazardous or inherently dangerous industry which poses a potential threat

91
to the health and safety of the persons working in the factory and residing
in the surrounding areas owes an absolute and non-delegable duty to the
community to ensure that no harm results to anyone on account of
hazardous or inherently dangerous activity which it has undertaken. The
enterprise must be held to be under an obligation to provide that the
hazardous or inherently dangerous activity in which it is engaged must be
conducted with the highest standards of safety and if any harm results on
account of such activity) the enterprise must be absolutely liable to
compensate for such harm and it should be no answer to the enterprise to
say that it had taken all reasonable care that the harm occurred without
any negligence on its part.”11

The Supreme Court took a bold decision holding that it was not
bound to follow the 19th century rule of English law, and it could evolve a
rule suitable to the social and economic conditions prevailing in India at
the present day. It evolved the rule of Absolute Liability as part of Indian
Law in preference to the rule' of strict liability laid down in Rylands Vs.
Flethcher (1868). It expressly declared that the new rule was not subject to
any of the exceptions under the rule in Rylands Vs. Fletcher.

Union Carbide Corporation Vs. Union of India12

The Bhopal Gas leak Tragedy that occurred at midnight on 2nd

December, 1984, by the escape of deadly chemical Iumes. Methyl
Iso-cynate, from the appellant’s pesticide factory was a horrendous
industrial mass disaster, unparalleled in its magnitude and devastation and
remains a ghastly monument to the dehumanizing influence of inherently
dangerous technologies. The tragedy took an immediate toll 0[2660
11
AIR 1987 SC 1086
12
AIR 1"990 SC 273

92
innocent human lives and left tens of thousands of innocent citizens of
Bhopal physically impaired or affected in various degrees. What added
grim oignance to the tragedy was that the industrial enterprise was using
Methyl Iso-cynate a lethal toxic poison, whose potentiality for destruction
of life and biotic communities was apparently, matched only by the lack of
a prepackage of relief procedures for management of any accident based
on adequate scientific knowledge as to the ameliorative medical
procedures for immediate neutralization of its effects.

The matter concerns the interests of a large number of victims of a

mass disaster. The Court directed the settlement with the earnest hope that
it would do them good and bring them immediate relief.

M. C. Mehta Vs. Union of India13

Taj Mahal degradation due to pollution, emrssion generated by

coke/coal using industries in Taj trapezium found to be main polluters. The
Supreme Court issued the direction to 292 industries located and operating
in Agra to changeover within fixed time soherhrle to natural gas industrial
fuel or stop functioning with coal/ coke and get relocated. Industries not
applying for gas or relocation to stop functioning with coal/ coke from
30.04.1997.

In M/s Adrash Brick Kiln Industry v. Chairman of Prevention and

Control of Pollution and Control Water and Others14 a brick kiln with a
fixed chimney was being run by the petitioner within 100 meters of village

13
AIR 1997 SC 734
14
AIR 2004 ALL 58

93
population. It was challenged by one sir Kamlesh Singh before the high
court. A division bench of the Court by its order directed the Pollution
control Board to dispose of his representation in accordance with law. The
board then inspected the site and found that the brick kiln has been
established without informing the board and taking no objection certificate
from the UPCB, which is an offence under section 37/39 of the Air Act. It
was also found that the regional office at Varanasi had rejected an
application for issuing no objection certificate on 18.04.2001. The
petitioner was directed to close the brick kiln and change the site after
applying for a no objection "Certificate in accordance with law.

The appellate-authority stayed closure and directed relocation of

kiln considering renewal of license by the zila parishad and investment
made by the petitioner. The petitioner gave an undertaking to relocate the
kiln before 30.06.2002 upon which the appellate authority stayed the
operation of the order dated 18.04.2001 up top 30.06.2002. The petitioner
challenged the order after one year reaping benefit under it. The high court
dismissed the petition on the ground that having accepted the said order the
petitioner can not be allowed to challenge the same on the same on the
same facts.

g) Closure of illegal and unauthorized slaughter houses

In M.C. Mehta v. Union of India15 the Supreme Court directed

closure of slaughter houses located near Taj Mahal and new slaughter
houses were proposed to be located at Kuberpur, Agara. The Rajasthan
High Court in Residents of Sanjay Nagar and others v. State of

15
2002, 9 SCC 74

94
 Rajasthan and others16 relying on the principles laid down in Mehta
ordered the immediate closure of the unauthorized and illegal 'slaughter
houses and illegal skin stores and said that the dislocated persons could
move the concerned authorities for allotment of land in the area which
may have been earmarked for setting up of the slaughter houses. Thus
the court came to the rescue of affected citizens and prevented the
pollution caused by slaughtering of animals and strong smell emanating
from the area when all the authorities namely the State of Rajasthan.
Municipal Council Board and Superintendent of Police despite their
confirmed views that the slaughter houses should be closed feigned their
helplessness in the matter.

(ii) Effect of Water Pollution

Water is the most important element in the biosphere because on the

hand it is vital for the rnaintaince of all forms of life and on the other hand
it helps in the movement, circulation and cycling of nutrients in the
biosphere. Water is also essential for power generation, navigation,
irrigation of crops, disposal of sewage etc. Increasing population and
industrial expansion has degraded the quality of water considerably.

Water pollution may be defined as "alteration in physical, chemical,

biological characteristics of water which may cause harmful effects on
human and aquatic life."17

"Water Pollution" means such contamination of water or such

alteration of the physical, chemical or biological properties of water or
such discharge of any sewage of trade effluent or of any other liquid,

16
AIR 2004 RAJ 116
17
Report, 1965, Restoring the quality of our Environment, President's science Advisory committees

95
gaseous or solid substance into water (whether directly or indirectly) as
mayor is likely to, create a nuisance or render such water harmful or
injurious to public health or safety, or to domestic, commercial, industrial,
agricultural or to the legitimate uses, or to the life and health of animals or
plants or of aquatic organisms.18

The substances which degrade the quality of water are called water
pollutants. The water pollutants are created from two basic sources e.g.

(i) Natural Sources: - of water pollutants include soil erosion,

landslides, coastal and cliff erosion, volcanic eruption and decay
and decomposition of plants and animals,

(ii) Anthropogenic Sources: - it is the anthropogenic sources which are

the real sources of water pollution. The anthropogenic sources of
water pollution include industrial source, urban source,
agricultural source etc.

Urban source contributes water pollutants such as sewage, huge

quantity of municipal and domestic garbage’s, industrial effluents from the
industrial units located in the urban centers, fallout of particulate matter of
automobile exhausts etc.

Industrial sources pollute streams, rivers lakes and coastal waters

through industrial effluents. Solid and dissolved chemical pollutants and
numerous metals. Besides, fallout of radioactive substances is very
dangerous source of air and water pollution. Various types of chemical
used in the chemical fertilizers, pesticides and herbicides etc. are the
pollutants which are derived from agricultural sources. These chemicals
substances are brought to the rivers and lakes through surface runoff
18
See 2 (c) water (Prevention and control of pollution) Act, 1974

96
caused by rainfall and are also moved downward by infiltrating rainwater
to reach groundwater.

The water pollution is assessed on the basis of certain parameters

e.g. (i) Physical, {ii) chemical and (iii) biological parameters. Physical
parameters used to ascertain the quality of water include temperature,
colour, odour, turbidity, conductivity, density, suspended, dissolved and
total solids. Chemical parameters include nature and amount of soluble
salts, hardness of water, acidity and alkalinity of water, dissolved oxygen
(DO), Biological Oxygen Demand (BOD), Chemical Oxygen Demand
(COD), Concentration of Hydrogen Ion (pH), amount of ammonia, nitrate
and nitrites, amount of heavy metals, mercury, lead, chromium, chlorides,
pesticides, insecticides, detergents etc. Biological parameters are bacteria;
coli form MPN, algae, Viruses etc. Generally, Biological Oxygen Demand
(BOD), Chemical Oxygen Demand (COD), Dissolved Oxygen (DO), Coli
form MPN and pH value are important indicators of water quality.

Water pollution may be divided on the basis of sources and storage

of water into (a) surface water pollution, (b) lake and sea water pollution.
And (c) groundwater pollution. Water pollution may also be divided on the
basis of sources of water pollution e.g. (a) sewage pollution, (b) domestic
waste pollution, (c) industrial waste water pollution, (d) solid waste
pollution etc.

(a) Surface water pollution:

Surface water includes river water, lake water and pond water. The
major sources of river water pollution are industries, urban centers,
agriculture and other human activities. Discharges of urban : sewage water,

97
industrial effluents carrying industrial waste water, washing and dumping
of industrial solid wastes, non-degradable and long lasting pollutants from
lather tanneries, sugar factories, meat - packing, distilleries etc. into nearby
rivers pollute the water of streams and rivers.

River pollution is caused in two ways e.g. (i) point pollution and (ii)
non point pollution. The main sources of point pollution of river waters are
industries and urban centers where in pollutants are discharged into the
rivers through urban sewage drains and industrial effluents at specific
points (outfall points) at the river banks. Non-point pollution of river water
involves discharge of pollutants mainly from agricultural fields through
surface runoff.

Increasing urbanization and industrial expansion are responsible for

the release of enormous quantities of pollutants of various kinds through
sewage effluents into the rivers and lakes and thus contaminating the water
beyond permissible safety level. Most of the Indian rivers receiving urban
and industrial effluents are heavily polluted due to point pollution at least
and downstream of the big cities and industrial centers.

M. C. Mehta Vs. Union of India19

Where in a public interest litigation owners of some of the tanneries

discharging effluents from their factories in Ganga and not setting up a
primary treatment plant in spite of being asked to do so for several years
did not care in spite of notice to them even to enter appearance in the
Supreme Court to express their willingness to take appropriate steps to
establish the pre-treatment plants it was held that so far as they were
concerned an order directing them to stop working their tanneries should

19
AIR 1988 SC 1037

98
be passed.

It was observed that the effluent discharged from a tannery is ten,

times noxious when compared with the domestic sewage water which
flows into the river from any urban area on its bank.

It was further observed that the financial capacity of the tanneries

should be considered as irrelevant while requiring them to establish
primary treatment plants. Just like an industry which cannot pay minimum
wages to its workers cannot be allowed to exist, a tannery which cannot set
up a primary treatment plant cannot be permitted to continue to be in
existence for the adverse effect on the public at large.

M. C. Mehta Vs. Union of India20

The petitioner had filed writ petition for prevention of nuisance

caused by the pollution of the river Ganga. No doubt, the petitioner is not a
riparian owner. He is a person interested in protecting the lives of the
people who make the use of the water flowing in the river Ganga and his
right to maintain the petition cannot be disputed. The nuisance caused by
the pollution of the river Ganga is a public nuisance which is widespread in
range and indiscriminate in its effect and it would not be reasonable to
expect any particular person to take proceedings to stop it as distinct from
the community at large. The petition was, therefore, entertained as public
interest litigation.

On the facts in the circumstances of the case/the view of the

Supreme Court that the petitioner is entitled to move this court in order to
enforce the statutory provisions which impose duties on the municipal

20
AIR 1988 SC 1115

99
authorities and the Boards constituted under the Water Act.

On account of their failure to obey the statutory duties for several

years the water in the river Ganga at Kanpur has become so much polluted
that it can no longer be used by the people either for drinking or for
bathing. The Nagar Mahapalika of Kanpur has to bear the major
responsibility for the pollution of the river near Kanpur city.

Municipal Council, Ratlam vs. Vardhichand21

Residents of a locality within limits of Ratlam Municipality

tormented by Stench and stink caused by open drains moved the
Magistrate under Section 133 of Criminal Procedure Code to require
Municipality to do its duty towards the members of the public. In this case
the main problem was that the open drains carrying filth and dirty water of
alcohol plant emanating obnoxious smell was flowing openly through the
inhabited area, polluting the environment and providing a breeding place
to mosquitoes. Another problem was that half constructed drain was also
passing through the locality and its filthy water was overflowing,
accumulating in the pits, providing obnoxious smell making the breathing
difficult and also harming the foundation of houses. Drains in the locality
were not proper wherein the water could flow smoothly. The Magistrate
gave directions to Municipality to draft a plan within six months for
removing nuisance. The High Court and The Supreme Court affirmed the
magistrate's order nuisance. The High Court and Supreme Court affirmed
the magistrate's order.

(b) Lakes and Sea Water Pollution:

Lakes are also polluted through natural and anthropogenic sources.

21
AIR 1980 SC 1622

100
Siltation of lakes due to dumping of enormous quantities of sediments
derived through accelerated rate of soil erosion caused by rapid rate of
deforestation in hilly source areas of the streams IS the major form of
anthropogenic source of lake pollution.

Washing and dumping of tailings or waste sledges from factories

into stagnant water of lakes and tanks pollute them more than they -pollute
the rivers because the river is mobile while the- lake water inmost cases is
stagnant. If the concentration of a single matter becomes very high, it may
become a killing factor and the water so contaminated may turn into "killer
water". For example, increase in the concentration of asbestos in the lake
water causes lung cancer in human beings and the killer disease is called
"Asbestosis".

Inorganic nutrients from the agricultural fields are also brought to

the lakes by surface runoff, Rivulets, streams and rivers. Besides nitrates,
phosphates and organic matters are contributed by sewage treatment
plants. Similarly, toxic chemicals form factories enter the lake water. The
abundance of nutrients causes uncontrolled growth of plants and animals
while increased concentration of toxic chemicals causes deaths of aquatic
organisms resulting into considerable decrease in lake populations.

Sea water is polluted mostly near the coast through the disposal of
urban and industrial waste matters into the coast water. Concentration of a
single matter in the littoral water causes serious environmental problems.
For example, concentration of mercury in the Minamata Bay (Japan) due to
dumping of mercury rich sledges from Minamata City into the bay caused
severe mercury-poisoning. The resultant disease known as "Minamata
Disease" claimed several lives in the city of Japan in early 1950's.

101
Dumping of industrial wastes, urban effluents and toxic chemicals into the
coastal water leaves adverse effects on many marine organisms.

Leakage of immense quantities of crude oils from oil tankers and

offshore oil wells is a major source of sea water pollution. Leaked crude oil
rapidly spreads on water surface as Oil Slicks and makes the water
poisonous with the result numerous sea organisms including invaluable
fishes die. Thus oil leakage causes ecological disaster in the coastal
ecosystem.

Ambuga Petrochemicals Ltd. Vs. A. P. Pollution Control Boards22

Effluents treatment plant of industry' was not in operation and the

effluents were discharged, joining in tank thereby causing water pollution
in the tank resulting in danger to public life. The High Court of A.P. held
that the order by authorities directing closure of industry was not
shockingly disproportionate and excessively severe.

(c) Groundwater Pollution:

Groundwater is polluted through a variety of sources viz. leaching

and downward movement of pollutants from agricultural field (such as
nitrates; phosphorous, potash and several insecticides and pesticides), from
industrial dumping areas, from urban and rural garbage, from earthen
septic tanks and from polluted ponds and tanks. The dissolved chemical
pollutants are moved downward with percolating water (the process
known as leaching) to meet the groundwater resource and thus

22
AIR 1997 AP 41

102
groundwater is polluted which is readily reflected in the polluted water of
dug-wells. Similarly, pollutants are leached downward from the municipal
dump sites of city garbage. The pollutants which move downward with
percolating water are called leachates. The leached pollutants are seldom
stationary in the ground water rather they move in the aquifers with the
movement of groundwater as guided by groundwater contour. Several
cases of pollution of groundwater mainly the water drawn up by hand
pumps and from wells have been reported almost from all countries of the
world whether developed or developing. The recent incident of pollution
of groundwater due to toxic chemicals discharged by Patancheru industrial
complex. About 30 km away from Hyderabad city, in Medak district of
Andhra Pradesh is a burning example of pollution of groundwater by
human activities. Underground cavities caused by excessive pumping of
water from groundwater reserves in the cities located near the sea coast
result in contamination of groundwater because of leakage of saline
sea water into the cavities.

Water pollution causes irreparable damage to both plants and

animals including man. The most sufferers are human beings and
micro-organisms. Polluted water is the major cause for the spread of r
epidemics and several dangerous diseases such as cholera, tuberculosis,
jaundice, dysentery, typhoid, paratyphoid, diarrhea etc. The use of water
polluted with solid minerals for drinking purpose causes fatal diseases. For
example, the consumption of water contaminated by fibers as asbestos
causes lung cancer and stomach diseases called as Asbestosis; Water
Polluted with Mercury Causes Minamata Disease etc. Water pollution
mainly caused by toxic chemicals cause’s deaths of aquatic organisms

103
including both plants and animals. The use of polluted water of rivers lakes
and ponds and even polluted groundwater for irrigating agricultural fields
severely damages crops and decreases agricultural production. Heavily
polluted water also pollutes soils, decreases their fertility and kills soil
micro-organisms such as useful bacteria. The use of water contaminated
with salts increases alkalinity in the soils. On the other hand, increase in the
concentration of toxic chemicals and harmful metals in different water
bodies’ cases elimination of plants in general and animals in particular due
to their sudden death. Contamination of sea water due to oil slicks is
resulting from leakage of crude oils from huge oil tankers and due to
discharge of industrial and urban wastes because ecological disasters in the
littoral ecosystems because of mass deaths of sea organisms including
fishes.

(iii) Effect of Noise Pollution

Noise may not see as harmful as the contamination of air or water,

but it is a pollution problem that affects human health and can contribute to
a general deterioration of environmental quality.

Noise is undesirable and unwanted sound. Not all sound is noise.

What may be considered as music to one person may be noise to another! It
is not a substance that can accumulate in the environment like most other
pollutants. Sound is measured in a unit called the 'decibel' (db).

There are several sources of noise pollution that contribute to both

indoor and outdoor noise pollution. Noise emanating from factories,
vehicles and playing of loud speakers during various festivals can

104
contribute to outdoor noise pollution, while loudly played radio or music
systems, and other electronic gadgets can contribute to indoor noise
pollution. A study conducted by researchers from the New Delhi based
National Physical Laboratory show that noise generated by firecrackers
(presently available in the market) is much higher than the prescribed
levels. The permitted noise level is 125 decibels, as per the environment
(Protection) (second amendment) Rules, 1999.
The differences between sound and noise IS often subjective and a
matter of personal opinion. There are however, some very harmful effects
caused by exposure to high sound levels. These effects can range in severity
from being extremely annoying to being extremely painful and hazardous.23
Decibel levels of common sounds
Db Threshold of hearing
10 Rustle of levels
20 Broadcasting studio
30 Bedroom at night
40 Library
50 Quiet office
60 Conversational speech (at 1 m)
70 Average radio
74 Light traffic noise
90 Subway train
100 Symphony orchestra
110 Rock band
120 Aircraft takeoff
146 Threshold of pain

23
Supra Note 1 P133

105
 The most direct harmful effect of excessive noise is
physical damage to the ear and the temporary or permanent
hearing loss often called a 'temporary threshold shift' (TIS).
People suffering from this condition are unable to detect
weak sounds. However, hearing ability is usually recovered
within a month of exposure. In Maharashtra, people living
in close vicinity of Ganesh Mandals that play blaring music
for ten days of the Ganesh festival are usually known to
suffer from this phenomenon. Permanent loss, usually
called 'noise-induced permanent threshold shift' (NIPTS)
represents a loss of hearing ability from which there is no
recovery.24

Below a sound level of 80 db hearing loss does not

occur at all. However, temporary effects are noticed at
sound levels between 80 and 130 db. About 50% of the
people exposed to 95 db sound levels at work will develop
NIPTS and most people exposed to more than 105 db will
experience permanent hearing loss to some degree. A sound
level of 150 db or more can physically rupture the human
eardrum.

The degree of hearing loss depends on the duration as

well as the intensity of the noise. For example, 1 hour of
exposure to a 100 db sound level can produce a TTS that
24
5Pra Note 1 P134

106
 may last for about one day. However, in factories with noisy
machinery, workers are subjected to high sound levels for
several hours a day. Exposure to 95 db for 8 hours everyday
for over a period of 10 years may cause about 15 db of
NIPTS. In addition to hearing losses, excessive sound levels
can cause harmful effects on the circulatory system by
raising blood pressure and altering pulse rates.

Effects of noise pollution on mental health: Noise can

also case emotional or psychological effects such as
irritability, anxiety and stress. Lack of concentration and
mental fatigue are significant health effects of noise. It has
been observed that the performance of school children IS
poor in comprehension tasks when schools are situated in
busy areas of a city and suffer from noise pollution.

As noise interferes with normal auditory communication, it may

mask auditory warning signals and hence increases the rate of accidents
especially in industries. It can also lead to lowered worker efficiency and
productivity and higher accident rates on the job.

Thus noise is just more than a: mere nuisance or annoyance. It

definitely affects the quality of life. It is therefore important to ensure the
mitigation or control of noise pollution.25

25
Supra note 1. P135

107
Permitted noise levels

Ambient Notice levels db

Zone Day-time Night-time
Silent Zone 50 40
Residential Zone 55 45
Commercial Zone 65 55
Industrial Zone 70 70

A standard safe time limit has been set for exposure to various
noise levels. Beyond this 'safe' time continuing exposure over a
period of a year will lead to hearing loss.

108
 Duration db
8 hours 90
4 hours 93
2 hours 96
1 hours 99
30 minutes 102
15 minutes 105
7 minutes 108
4 minutes 111
2 minutes 114
1 minute 117
30 seconds 120
Instantaneous rupture of membrane 150

Datta Mal Chiranji Lal v. Ladli Prasad26

In this case the plaintiff had brought a suit for injunction

restraining the defendant from running a flour mill in the market place
of Missouri, because the noise and vibration generated from the
operation of the flour mill had resulted in considerable inconvenience
to the plaintiff and his family. The defendant pleaded his fundamental
right, under Article 19 (l) (g) of the constitution, to carry on any
occupation, trade or business. It was held that Article 19 (1 )(g) had not
abrogated the law relating to nuisance, and as such, the restriction on
the right not to carry on a trade In a manner that it was producing
objectionable noise was reasonable.

26
AIR 1960 ALL 632

109
 In two notable cases in 199027 and 200028 the Calcutta High
Court and the Supreme Court laid down significant dicta relating to
noise pollution. The Madhya Pradesh High Court decision in Sayeed
Maqsood Ali v. State of M.P.29 is another landmark in this line of cases.
The petitioner was cardiac patient who had undergone a coronary artery
by-pass surgery. In the locality where he lived, there was a
Dharmashala (a community hall) run by an association of Sindhi
community, which was often rented out for functions of public or
private nature. It was alleged that the highly pitched music coming out
from the loudspeakers in the Dharamshala caused disturbance to the
petitioner and other residents in the area. Taking these circumstances
into account, the Madhya Pradesh High Court gave a direction to the
respondent association not to let out their premises to anyone without
authorization from those competent to give permission to use loud
speakers. Moreover, the court stressed upon the duties of different
agencies such as the state government, pollution control board and
district magistrate under EPA and the Noise Pollution Control rules,
2000 with a notable warning, "Silence brings bliss, noise invites chaos.
Diligent attempts are to be made to curb noise starting from the street to
stratosphere.30

In Free Legal Aid Cell v. Govt. of NCT of Delhi31 the Delhi High
Court observed that pollution of air, water and atmosphere still

27
Maulana Mufti Syed Md. Noorun Rehaman Barkati v. State of West Bengal, AIR 1999 Cal 15.
28
Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association, AIR 2000 SC
2773.
29
AIR 2001 MP 220 at 225, 226.
30
Supra Note 29 P 225
31
AIR 2001 Del 455 at 462, 463.

110
continues to be part of the common law of nuisance despite Indian laws
relating to pollution and environment. Reforms at this level may
include many things such as adoption of environment friendly
technology, planting of trees on both sides of roads and outside
factories, evolution of noise code, effective use of the powers .of the
magistrates under section 144 of the Criminal Procedure Code, 1973
and co-operation between pollution control boards and district
authorities in the discharge of responsibilities.

Noise pollution or say exposure of human beings to noise of

levels higher than recommended levels causes a number of adverse
effects ranging from mild annoyance to permanent hearing loss. The
effects of noise pollution of humans are generally of four types viz. (a)
general effects, (b) auditory effects, (c) psychological effects and (d)
physiological effects.

General effects of noise pollution on humans include speech

interference, annoyance, sleep interference and related after effects and
problems. Speech interference is generally caused by community noise.
Sleep, which is very much necessary for the good health of human
beings, is not only disturbed by high noise level but its duration is also
shortened. There is a negative relationship between noise intensity ad
sleep duration e.g. as the intensity of noise increases, the duration of
sleep decreases. Sounds of all types cause annoyance and irritation in
most of the people. The annoyance caused by high intensity sound
some items causes mental imbalances.

Auditory effects include the damages done to hearing

mechanism in humans due to various types of noise. Noise pollution

111
causes hearing damages in a 'number of' ways. Auditory effects may be
divided into two categories viz. (a) temporary and mild damage to
hearing mechanism, and (b) permanent hearing loss. It has been found
that even short exposures to high intensity noise may damage and
rupture the ear drum and may cause temporary deafness.

Psychological effects include the high level noise causes many

behavioral changes among humans as well as animals. Unwanted noise
very often causes annoyance, irritation and fatigue which result into
low performance, low efficiency and frequent errors. Further, high
frequency of high level noise and exposure of human beings for long
period to such high level noise may cause tension in muscles, nervous
irritability and strain and neurotic mental disorder.

Physiological effects include annoyance, irritation, anxiety,

strains and stresses caused by noise pollution may cause changes in
hormone content of blood which in turn may introduce changes in
human bodies. Noise pollution of various sorts caused by varying
levels of noise may cause high blood pressure, heart diseases, dilation
of pupils of the eyes, tensing of the voluntary and involuntary muscles,
diminution of gastric secretion, neuromuscular tension, nervousness,
stomach and intestinal diseases such as ulcer etc. Sudden very high
level noise caused by sonic booms or explosion may lead to termination
of pregnancy in early stages.

(iv) Effect of Soil Pollution

The soil is a thin covering over the land consisting of a mixture

of minerals, organic, material, living organisms, air and water, that

112
together support the growth of plant life. Several factors contribute to
the formation of soil from the parent material. This includes the
mechanical weathering of rocks due to temperature changes and
abrasion, wind, moving water, glaciers, chemical weathering activities
and lichens. Climate and time are also important in the development of
soils. In extremely dry or gold climates soil develop very slowly, while
in humid and warm climates soils develop more-e rapidly. Under ideal
climatic conditions, soft parent material may develop into 1 em of soil
within 15 years. Under poor climatic conditions, a hard parent material
may require hundreds of years to develop into soil.32

Mature soils are arranged in a series of zones called ‘soil

horizons’. Each horizon has a distinct texture and composition that
varies with different types of soils. A cross-sectional view of the
horizons in a soil is called a 'soil profile'.

The top layer of the surface litter layer, called the '0-horizon',
consists mostly of freshly-fallen and partially-decomposed leaves,
twinges, animal waste, fungi and other organic materials. Normally, it
is brown or black.

The uppermost layer of the soil, called the 'A-horizon', consists

of partially-decomposed organic matter (humus) and some inorganic
mineral particles. It is usually darker and looser than the deeper layers.
The roots of most plants are found in these two upper layers. As long as
these layers are anchored by vegetation, the soil stores water and
releases it in a trickle throughout the year instead of in a force like a
flood. These two top layers also contain a large amount of bacteria,

32
Supra Note 1 P 125

113
fungi, earthworms and other small insects, which form complex food
webs in the soil, help recycle soil nutrients and contribute to soil
fertility.

The 'B-horizon", often called the subsoil, contains less organic

material and fewer organisms than the A horizon. The area below the
subsoil is called the 'C-horizon' and consists of weathered parent
material. This parent material does not contain any organic materials.
The chemical composition of the C- horizon helps to determine the pH
of the soil and also influences the soil rate of water absorption and
retention.

Soils vary in their content of clay (very fine particles), silt (fine
particles) sand (medium size particles) and gravel (Coarse to very
coarse particles). The relative amounts of the different sizes and types of
mineral particles determine the soil texture. Soils with approximately
equal mixtures of clay, sand, silt and humus are called Ioams.33

 Factors of Soil Degradation

a) Erosion:

Soil erosion can be defined as the movement of surface litter and

topsoil from one place to another. While erosion is a natural
process, often caused by wind and flowing water. It is greatly
accelerated by human activities such as farming, construction,
overgrazing by livestock, burning of grass cover, and
deforestation.

33
Supra Note 32 P 126

114
 The loss of the topsoil makes a soil less fertile and reduces
its water-holding capacity. The topsoil, which is washed away,
also contributes to water pollution by clogging takes and
increasing the turbidity of the water, ultimately leading to the
loss of aquatic life. For one inch of topsoil to be formed it
normally requires 200-1000 years, depending upon the climate
and soil type. Thus, if the topsoil erodes faster than it is formed,
the soil becomes a non-renewable resource.

Therefore, it is essential that proper soil conservation

measures are used to minimize the loss of the topsoil. There are
several techniques that can protect the soil from erosion. Today,
both water and soil are conserved through integrated treatment
methods. The two types of treatment generally used are:34

 Area treatment, which involves treating the land, and

 Drainage- line treatment, which involves treating the natural water,

courses (nalas).

Gradonies can also be used to convert wastelands into

agricultural lands. In this, narrow trenches with bunds on the
downstream side are built along contours in the upper reaches of the
catchment to collect run-off and to conserve moisture from the trees
or tree crops. The areas between the two bunds are used for
cultivating crops after development of fertile soil cover.

Some of the ways in which this can be achieved are:

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Supra Note 32 P 126

115
(a) Live check-dams, in which barriers are created by planting
grass, shrubs and trees across the gullies.

(b) A bund constructed out of stones across the stream can also be
used for conserving soil and water.

(c) An earthen check-bund constructed out of local soil across the

stream to check soil erosion and the flow of water.

(d) A Gabion structure, which is a bund constructed of stone and

wrapped in galvanized chainlink.

A gabion structure has a one-inch thick, impervious wall

of ferrocement at the centre of the structure, which goes below
the ground level up to the hard strata. This ferrocement partion,
supported by the gabion portion, is able to retain the water and
withstand the force of the run-off water.

(e) A bandhara is an underground structure across a nala bed that

functions as a barrier to check the movement of groundwater.

b) Use of fertilizers:

Approximately 27% of the world's crop yield is estimated to be

directly attributed to the use of chemical fertilizers. The use of
chemical fertilizers has increased significantly over the last few
decades and is expected to rise even higher. Fertilizers are very
valuable, as they replace the soil nutrients used up by plants. The
three primary soil nutrients often is short supply are potassium,
phosphorous and nitrogen compounds. These are commonly
referred to as macronutrients. Certain other elements like boron,
zinc and magnese are necessary in extremely small amounts and
are known as micronutrients. When drops are harvested, a large

116
 amount of macronutrients and a small amount of micronutrients
are removed with the crops. If the same crop is grown again,
depleted levels of the enutrients can result in decreased yields.
These necessary nutrients can be returned to the soil through the
application of fertilizers. In addition to fertilizers, a large amount
of pesticides (chemicals used to kill or control populations of
unwanted fungi, animals or plants often called pests) are also use
to ensure a good yield. Pesticides can be subdivided into several
categories, based on the kinds of organisms they are used to
control. Insecticides are to control insect populations while
fungicides are used to control unwanted fungal growth. Mice and
rats are killed by rodeniicides, while plant pests are controlled by
herbicides.35

c) Use of pesticide
Pesticides not only kill the pests, but also a large variety of living
things, including humans. They may be persistent or
non-persisten. Persistent pesticides, once applied, are effective
for a long time. However, as they do not break down easily they
tend to accumulate in the soil and in the bodies of animals in the
food chain.
For example, DDT, one of the first synthetic organic
insecticides to be used, was thought to be the perfect insecticide.
During the first ten years of its use (1942-1952), DDT is
estimated to have saved about five million lives primarily
because of its use to control disease-carrying mosquitoes.

35
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117
 d) Use of Salt And Water
Irrigated lands can produce higher crop yields than those that
only use rainwater. However, this has its own set of ill-effects.
Irrigation water contains dissolved salts and in dry climates
much of the water in the saline solution evaporates leaving its
salts, such as sodium chloride in the topsoil. The accumulation of
these salts is called salinization, which can stunt plan growth,
lower yields and eventually kill the crop and render the land
useless for agriculture. The salts can be flushed out of the soil by
using more water. This practice however, increases the cost of
crop production and also wastes enormous amounts of water.
Flushing out salts can also make the downstream irrigation water
saltier.
Another problem with irrigation is water-logging. This
-occurs when large amounts of water are used to leach the salts
deeper into the soil. However, if the drainage is poor this water
accumulates underground gradually raising the water table. The
roots of the plants then get enveloped in this saline water and
eventually die.
Thus, in the long run it is better for us to adopt sustainable
farming practices to prevent the degradation of soil.
(v) Effect of Marine Pollution
Marine pollution can be defined as the introduction of substances to
the marine environment directly or indirectly by man resulting in
adverse effects such as hazards to human health, obstruction of
marine activities, and lowering the quality of sea water. While the
causes of marine pollution may be similar to that of general water

118
 pollution, there are some very specific causes that pollute marine
waters.36
(a) The most obvious inputs of waste is through pipes directly
discharging wastes in to the sea. Very often, municipal waste
and sewage from residences and hotels in coastal towns are
directly discharged into the sea.
(b) Pesticides and fertilizers from agriculture, which are washed
off the land by nun, enter water courses and eventually reach
the sea.
(c) Petroleum and oils washed off from the roads normally enter
the sewage system but storm water overflows carry these
materials into rivers and eventually into the seas.
(d) Ships carry many toxic substances such as oil, liquefied
natural gas pesticides, industrial chemical, etc., in huge
quantities sometimes to the capacity of 350,000 t. Ship
accidents and accidental spillages at sea can, therefore, be very
damaging to the marine environment. Shipping channels in
estuaries and at the entrances to ports after require frequent
dredging to keep them open. This dredged material that may
contains heavy metals and other contaminants is often dumped
out at sea.
(e) Offshore oil exploration and extraction also pollute the
seawater to a large extent.

(vi) Effect of Thermal Pollution

The discharge of warm water into a river is usually called

thermal pollution, it occurs, when and industry removes water from

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119
 a source (e.g., a river), uses the water for cooling purposes, and then
returns the heated water to its source. Power plants heat water to
convert it into steam, to drive the turbines that generate electricity.
For efficient functioning of the steam turbines, the steam is
condensed into water after it leaves the turbines. This condensation
is done by taking water from a water body to absorb the heat. This
heated water, which is at least 15°C higher than the normal, is later
discharged back into the water body.37

The warmer temperature decreases the solubility of oxygen and

increases the metabolism of fish. This changes the ecological
balance of the river. Within certain limits, thermal additions can
promote the growth of certain fish and the fish catch may be high in
the vicinity of a power plant. However, sudden changes in
temperature caused by periodic plant shutdowns, both planned and
unintentional, can result in the death of these fish that are
acclimatized to living in warner waters.

Tropical marine animals are generally unable to withstand a

temperature increase of 2-3°C and most sponges, mollusks and
crustaceans are eliminated at temperatures above 37°C. This results
in a change in the diversity of fauna, as only those species that can
live in warner water will survive and proliferate excessively.38

The control of measures:

Thermal pollution can be controlled by passing the heated water

through a cooling pond or a cooling tower after it leaves the
condenser. The heat is dissipated into the air and the water can then
37
Supra Note 32 P133
38
Ibid

120
 be discharged into the river or pumped back to the plant for to be
reused for cooling. There are several other ways in which thermal
pollution can be reduced. One method is to construct a large shallow
pond. Hot water is pumped into one end of the pond and cooler
water is removed from the other end. The heat gets dissipated from
the pond into the atmosphere. Another method is to use a cooling
tower; these structures take up less land area than the ponds. Here,
most of the heat transfer occurs through evaporation. The warm
water coming from the condenser is sprayed downwards over
vertical sheets or baffles, where the water flows in thin films. Cool
air enters the tower through the water inlet that encircles that base of
the tower and rises upwards, causing evaporative cooling. A natural
draft is maintained because of the density difference between the
cool air outside and the warmer air inside the tower. The excess heat
is dissipated into the atmosphere about 100 m above the base of the
tower. The cooled water is collected at the floor of the tower and
recycled back to the power plant condensers. The disadvantage in
both these methods, however, is that large amounts of water are lost
due to evaporation.

(vii) Effect of Nuclear hazards

Nuclear energy can be .both beneficial and harmful, depending on

the way in which it is used. We routinely use X-rays to examine
bones for fractures, treat cancer with radiation, and diagnose
diseases with the help of radioactive isotopes. Approximately 17%
of the electrical energy generated in the world comes from nuclear
power plants. However, on the other hand, it impossible to forget
the devastation that nuclear bombs caused in the cities of

121
 Hiroshima and Nagasaki. The radioactive wastes from nuclear
energy have caused, and continue to cause, serious environmental
damage.

Nuclear fission is the splitting of the nucleus of the atom was

carried out in Germany In 1938. However, the United States was
the first country to develop and atomic bomb, which was
subsequently, dropped on the Japanese cities of Hiroshima and
Nagasaki. The world's first electricity-generating reactor was
constructed in the United States In 1951 and the Soviet Union built
its first reactor in 1954. In December 1953, President Dwight D
Elsehower in his ‘Atoms for Peace' speech made the following
prediction.39

Nuclear reactors will produce electricity so cheaply that it

will not be necessary to meter it. The users will pay a fee and use
as much electricity as they want. Atoms will provide a safe, clean
and dependable source of electricity.'

Although nuclear power is being used today as a reliable source

of electricity, the above statement sounds highly optimistic. Several
serious accidents have caused worldwide concern about safety and
disposal of radioactive wastes.40

In order to appreciate the consequences of using nuclear fuels to

generate energy it is important to understand how the fuel is processed.
Low-grade uranium ore, which contains 0.2% uranium by weight, is
obtained by surface or underground mining. After it is mined the ore
goes through a milling process where it is crushed and treated with a
39
Supre Note.32 P136
40
Ibid P. 1371

122
solve it to concentrate the uranium and produces 'yellow cake', a
material containing 70-90% uranium oxide. Naturally- occurring
uranium contains only 0.7% of fissionable U-235, which is not high
enough for most types of reactors. So it is necessary to increase the
amount of U-235 by enrichment, although it is a difficult and expensive
process. The enrichment process increases the ·U-235 content from
0.7-3%. Fuel fabrication then converts the enriched material into a
powder, which is compacted into pellets. These pellets are sealed in
metal fuel rods about 4 m in length, which are then loaded into the
reactor. As fission occurs, the concentration of U-235 atoms decreases.
After about three years, a fuel rod does not have enough radioactive
material to sustain a chain reaction and the spelt fuel rods must be
replaced by new ones. However, these spent rods are still very
radioactive, containing about 1% U-235 and 1% plutonium. These rods
are a major source of radioactive waste material produced by a nuclear
reactor.41

Initially, it was thought that spent fuel rods could be reprocessed,

not only to provide new fuel but also to reduce the amount of nuclear
waste. However, the cost of producing fuel rods by reprocessing was
found to be greater than the cost of producing fuel rods from ore.
Presently, India does operate reprocessing plants to reprocess spent fuel
as an alternative to storing them as nuclear waste. At each step in the
cycle, there .is a danger of exposure to harmful radiation and posses
several attendant health and environmental concerns.42

41
Supra Note 32 P.137
42
Supra Note 32 P138

123
 Although nuclear power has significant benefits, an incident
which changed people's attitudes towards nuclear power plants was the
Chernobyl disaster that occurred in 1986. Chernobyl is a small city in
Ukraine, near the border with Belarus, north of Kiev. At 1.00 am April
25, 1986, a test to measure the amount of electricity that the
still-spinning turbine would produce if steam were shut off was being
conducted at the Chernobyl Nuclear Power Station-4. This was
important information, since the emergency core-cooling system
required energy for its operation and the coasting turbine could provide
some of that energy until another source became available. The amount
of steam being produced was reduced by lowering the control rods into
the reactor. But the test was delayed because of the demand for
electricity and a new shift of workers came on duty. The operators
failed to program the computer to maintain power at 700 mW and the
output dropped to 30 mW. This presented an immediate need to rapidly
increase the power and many of the control rods were withdrawn.
Meanwhile, an inert gas (xenon) had accumulated on the fuel rods. This
gas abs-orbed the neutrons and slowed the "rate of power increase. In
an attempt to obtain more power, the operators withdrew all the control
rods. This was a second serious safety violation.43

At 1.00 am, the operators shut off most of the emergency

warning signals and turned on ail the eight pumps to provide adequate
cooling for the reactor following the completion of the test. Just as the
final stages for the test were beginning the operators blocked the

43
Supra Note 32 P138

124
automatic reactor, shut down and be gain the test as the test continued, a
signal indicated excessive reaction in the reactor. In spite of the
warning, the power output of the .reactor rose beyond its normal level
and continued to rise. The operators activated the emergency system
designed to put the control rods back into the reactor and stop the
fission. But it was already too late. The core had already been deformed
and the rods would not fit properly, thus the reaction could not be
stopped. In 4.5 seconds the energy level of the reactor increased two
thousand times! The fuel rods ruptured, the cooling water turned into
steam and a steam explosion below occurred. The lacks of cooling
water allow the reactor to explore. The explosion the 1000 metric tons
concrete roof from the reactor and the reactor caught fire. This resulted
in the world's worst nuclear accident and it took ten days to bring the
runaway reaction under control. There were of course immediate
fatalities, but the long-term consequences were devastating- 116,000
people were evacuated, of whom 24,000 had received high doses of
radiation. Even today many people suffer from illnesses they feet are
related to their exposure to the fallout from Chernobyl. In 1996, ten
years after the accident, it was clear that one of the long term effects
was the increased frequency of thyroid cancer in children. There was
also a spurt in genetic anomalies as doctors began observing clusters of
children born displaying monodactyl (fingers fused together to form a
paddle) and polydactyl (more than 5 digits on the hands and feet). A
similar phenomenon has also been observed in the villages and towns
around the Kalpakkam Nuclear Station, south of Chennai, in an
ongoing study by Dr. Pugazhendi.

125
 The degree and the kind of damage from nuclear accidents vary
with the kind of radiation, the amount of radiation, the duration of
exposure, and the types of cells irradiated. Radiation can also cause
mutations, which are changes in the genetic makeup of the cells.
Mutations can occur in the ovaries or the testes leading to the formation
of mutated eggs or sperms, which in turn can lead to abnormal off
spring. Mutations can also occur in the tissues of the body and may
manifest themselves as abnormal tissue growths known as cancer. Two
common cancers that are linked to increased radiation exposure are
leukemia and breast cancer.

It is submitted that the Government, its agencies and the people

are armed with laws, rules and regulations to combat pollution and
environmental degradation. Expertise has been building up and is being
constantly enhanced; the necessary infrastructure has also been largely
created. Despite all this, if would be wrong to assume that our problems
in this regard will shortly be over. Firstly, there has to exist a political
and social will at the local, State and Central level to strictly enforce the
law but it is a time consuming process, Secondly, our judicial system
overloaded as it is, must be geared up for speedy decision in a field
which is highly technical. Thirdly, development aspirations cannot
always be restrained with promises of an environmentally pure future.
We have to generate employment, provide water for irrigation,
generate more power, produce more steel - in brief; the entire
development process has to go on. Fourthly, scare financial resources
force cruel choices upon us.

126
 On the basis of above mention, we can finally say that
environmental pollution is causing a lot of distress not only to humans
but also animals, driving many animal species to enlargement and even
extinction.

The trans-boundary nature of environmental pollution makes it

even more difficult to manage it. Everything on our planet is
interconnected and while the nature supplied us with valuable
environmental services without which we can not exist. We all depend
on each other’s action and the way we treaded natural resources.

Thus there are factors of environmental pollution Air Pollution,

Water Pollution, Noise Pollution, Soil Pollution, Thermal Pollution,
and Nuclear Hazards.



127