Environmental Law

01 .
ENVIRONMENT POLLUTION
Q.1. Explain various causes and factors of Environment Pollution. (Mar-08)
Q.2. Define the 'Environment Pollution'. Explain the causative factors of environmental
pollution. What is the effect of environmental pollution? (Mar-09)
Q.3. What are the types of pollution and its causes? (Nov-09)
Q.4. Explain the various causes for environmental pollution and types of pollution and
courses. (Mar-08)
Q.5. Explain 'Environment'. What are the kinds of environment pollution? (Oct-07)
Q.6. Define 'Environment Pollution'. Explain in which of the human activities cause
environmental pollution. (Mar-07)
Introduction:
The global problem of the present day is the environment pollution. It is a serious threat
to the existence and survival of human race. The common effect of pollution is that it destruct
natural composition of substances, it interferes with food chain, carbon cycle, nitrogen cycle,
oxygen cycle, hydrogen cycle and thus causes damage to the plant and animal life. It makes the
survival of the living being difficult. Pollution affects not only the living beings but also the
property, buildings and other a biotic substances.
Definition of Environment:
It is very difficult to define the term environment. Many attempts were made to define
the term environment. Some of the definitions as follow -
The word 'environment' is derived from the French term 'environer' which means
surrounding external condition influencing development or growth of people, animals or plaint,
living or working conditions, etc. The term 'environment' refers to the sum total of conditions
which surround man at a given point in space and time. It includes water, air, land and the inter
relationship which exist among and between water, air, land and human beings and other living
creature, plants, micro-organisms and property.
Section 2(g) of the Environment (Protection) Act, 1986 defines the term 'Environment'.
Section 2(g) : - Definition, "Environment includes water, air and land and the inter-relationship
which exists among and between water, air and land and human beings, other living creatures,
plants, microorganism and property".
Sachin Kale..! -8888389777 Page 1
Definition of Environmental Pollution:
Section 2(c) of the Environment (Protection) Act, 1986 defines the term, 'Environmental
Pollution'.
Section 2(c) – Definition, "Environment Pollution means the presence in the environment of
any environmental pollution."
Environment pollutant means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment.
Environment pollution may be defined as contamination of the environment in such a

way that it creates hazard or potential hazards to health and well-being of living and non-living
beings.
Sources/Causes/Factors Environment Pollution:
There are various sources or factors causing environment pollution. The main sources are
1) Natural Sources:
Pollution caused by the natural hazardous such as earthquakes, floods, cyclone etc. is
called natural pollution because they are the agent of nature and man has to control over them.
2) Artificial or Man Made Sources:
Pollution caused by interference of human agency is called artificial pollution. Following

are some of the major artificial sources of environmental pollution –
a) Population Growth:
Growth of human population at alarming rate is the most significant cause of the
lowering of environmental quality and ecological balance. Industrial expansion, urban growth,
agricultural development, increase in transport and communication etc. are the result of the
population growth. The over population is the root cause of environmental degradation and
ecological imbalance. The increase in population causes more exploitation of natural resources.
The increase in the rate of the population growth puts a heavy demand on the natural
resources like water, air, soil and forest etc. There is direct relationship between increase in
population numbers and environmental impact. More people require more food utilizing more
land for buildings, more minerals, more water and more energy.
b) Poverty:
It is also one of the causes to damage environment. Due to poverty the people exploit
excessively the natural resource of country for meeting their basic needs like food, fuel, shelter,

cattle etc. poverty and needs are the greatest polluters. Hence, steps to be taken to bring the
poor people above the poverty line.
c) Industrialization:
Industrial development has created many environmental problems. The rapid rate of
industrialization resulted into rapid rate of exploitation of natural resources and increased
industrial output. The exploitation of natural resource in order to meet industrial demands of
raw materials has resulted into –
a) The reduction of forest.
b) Lowering of ground, water level due to excessive withdrawal of ground water.
c) Collapsing of ground surface due to withdraw of mineral oil -
There are numerous undesired outputs from the factories such as waste polluted water,
toxic gases, ashes and smokes etc. which pollute air, water, land, soils etc. and thereby degrade
environment.
d) Urbanization:
The expansion of low urban centers because of industrial expansion and development
has resulted into rapid rate of exploitation of natural resources and several types of
environment degradation and pollution. The concentration of the population in congested
metro Politian cities resulted into formation and growth of big slum area. The increasing
urbanization means increase in the concentration of the human pollution in limited space which
results in the (1) increase of building, (2) roads and streets, (3) sewage, (4) drains, vehicles,
number of factories, waste, dust, sewages water etc. caused several environmental problems.
Unplanned urbanization is one of the causes of environment pollution.
e) Deforestation:
Forest are invaluable property of nation because they provide raw materials to modern
industries, timber for building purposes, habits for numerous types o animals and micro-
organism. They provide firewood to millions of people all over the world and food and shelter.
It is a matter of serious concern that present economic man has forgotten the
environment and ecological significance of natural vegetation mainly forest and grass kind and
has destroyed the forest so rapidly that the forest area decreased to a greater extent. It has
caused serious environmental problems such as soil erosion; increase the frequency of the
floods and incidence of drought due to decrease in precipitation of water. The major causes of
deforestation at global and regional levels are conversion of forest land into agricultural land,
shifting cultivation, forest fires etc.

f) Agricultural Development:
The expansion of agricultural land is increasing agricultural productivity. It is due to the

development of modern scientific and advanced technologies to use of chemical fertilization
has increased the production. The agricultural development degrades the environment through
application of chemical fertilizers and pesticides and insecticides.
g) Modern Productive Technology:
The development of modern technologies has created most of the present day
environmental problem. The environmental pollution is associated with production processes.
Modern techniques have enable the man to construct huge dam and reservoir for the purpose
of irrigation and generation of hydro electricity required by the industrial sector for its
processes and by domestic sector to increase the comfort of human beings. Such activities
create several environmental problems of grated dimensions.
h) Technological Development:
The excessive exploitation of natural resources and their misuse by human being in the
name of technological development have unfortunately led to a serious ecological crisis. The
nature of productive technology in recent years is closely related to environmental crisis. It is
observed that the more the economic and industrial development in the world, the more the
danger to the environment.
Types of Pollution:
(1) Air Pollution:
Section 2(a) of the Air (Prevention and Control of Pollution) Act, 1981 defines air
pollutions as follows -
"Air Pollution 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 environment".
According to Section 2(b) air pollution means the presence in the atmosphere of any air
pollutant.
(a) Sources of Air Pollution:
The main sources causing air pollution are as follows -
1) The burning of fuels such as oil, fuel, natural gases etc.

2) Transportation or vehicle traffic.
3) Industrial and Commercial processes.

4) Incineration burning of wastes i.e. burning of municipal waste, domestic & industrial
waste, rubbers, tyre, plastic etc.
5) Agricultural activities like soil preparation crop spray.
6) Miscellaneous sources such as construction activities like houses, bridges, roads, railway
etc.
(b) Effect of Air Pollution:
Air Pollution adversely affects human beings and their environment. Some of the major
pollutants are Ammonia, Sulphor dioxide, carbon monoxide etc. The hydrocarbons emitted by
automobiles are toxic and react with hemoglobin the blood. The effect of Nitrogen is adverse
and permanent. It also damages plants, clothes and rubber. Children are affected by disease like
influenza. It causes irritation on to various parts of respiratory system. The heart may be
damages by air pollution.
(c) Measure to Control Air Pollution:
Complete eradication of air pollution is very difficult & technically impossible also. We
can control it to some extent by taking technical legislative & administrative measures for that
purpose Govt. enacted Air (Prevention and Control of Pollution) Act, 1981. The Act also provides
for the administrative mechanism by creating Central & State Pollution Control Boards.
(2) Water Pollution:
Water Pollution means such contamination of water or such alteration of the physical,
chemical or biological properties or water, whether directly or indirectly, as may, or 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 other legitimate uses, or to the life & health of
animals or plants or of aquatic organism.
(a) Sources of Water Pollution:
The most important sources of water pollution are industrial wastes, untreated sewage,
agricultural waste material thermal pollution and radioactive waste.
(b) Effect of Water Pollution:
Killing fish and other animals, encourages growth of bacteria that deoxygenate water and
this in turns kills aquatic animals, addition of hot water holds less oxygen not sufficient to
support like, addition of pathogenic organism cause diseases in human and domestic animals.
(c) Preventive Measure:
Water pollution today has been considered as one of the major problem before the
world that's why all the nations were directed to pass appropriate legislation to control the

water pollution. Indian is also one the member. Therefore, immediately Indian Parliament has
passed the Water Act, 1974. Again in the year 1986 Environment Protection Act, 1981 also
passed where certain provisions are made for the protection of water pollution. Water Pollution
Control Boards have been established to protect water pollution.
(3) Land or Soil Pollution:
Land is used for industrial, agricultural activities, mining operation, constructing houses
and buildings, highways, water bodies laying down road etc. It is divided into rural and urban
land, fertile, semi-fertile & desert land etc. when we talk of land pollution, we mean making of
such use of land that it leaves bad and harmful effect on living beings as well as non-living
beings. Thus, addition of unwanted substances in an indefinite proportion in the soil is called
land pollution. Land pollution is generally localized. Thus, destruction of soil, erosion of solids,
creation of dust bowls, etc. to make renders the land polluted.
(a) Sources of Land Pollution:

1) The major source of land pollution is the massive amount of solid wastes disposed by us.
This includes household refuse, commercial rubbing, industrial waste, automobile, tyres, cans,
waste paper etc. But the most dangerous pollutant is the plastic components such as plastic
bags, plastic papers, and plastic wrappers. These materials remain undeceived for a long time in
the soil and they are hazardous.
2) Apart from solid waste, land pollution also takes place by chemicals. Prominent
chemicals, which disturb the composition of soil are pollutants washed out of the atmosphere,
pesticides, biocides and artificial fertilizers.
3) Agricultural operations, mining operations, felling of trees, construction of big dams and
water reservoirs also result in land pollution. Urbanization has proved to be a major source of
land pollution.
(b) Prevention Measure:

Where pollution is caused by chemicals the uses of chemicals have to be prohibited. But
where its use is necessary, it should be used in an appropriate manner and in the quantity it is
necessary.
(4) Noise Pollution:
Noise is an unwanted or undesired and unpleasant sound. It is of very high intensity it

produces bad effect on health. The most commonly produced effect on health is the loss of
hearing capacity. There are charges in psychological and physiological states including
annoyance and sleep interruptions.

Noise pollution has been identified as a 'Slow Killer'. Noise pollution affects human being
in many ways. Its known effects are disturbance in sleep, communication, mental & physical
health and make a man restless.
(a) Sources / Causes of Noise Pollution:

Causes of noise pollution can be divided into two categories -
1) Natural causes include air, volcano, sea, rivers, exchange of voices of living organism etc.
2) Man-made-noise-machines and modern equipments of various types, automobiles, trains,
aeroplanes, religious and social functions, constructions works, loudspeakers, household
machines etc.
(b) Effect of Noise Pollution:

Noise pollution affects human being in many ways. Its known effects are disturbance in
sleep, communication, mental and physical health and it makes a man restless. It produces bad
effect on health. The most commonly produced effect on health is the loss of hearing capacity.
It can affect digestive system.
(5) Food Pollution:
Every living being requires food to obtain energy through which he carries on his
activities. If the food taken by him is polluted, it will have injurious effect on him. Food gets
polluted from its source to it use. Chemicals are used to protect plant growth when plants start
flowering and fruits start coming then again chemicals are used. These chemicals directly and
indirectly affect the quality of foods and when polluted food is consumed, it affects health the
consumer.
(6) Radioactive Pollution:
Radio active pollution is the pollution caused by the blast of atoms. Some elements such
as radium, uranium emit invisible effects known as radiation. Radiation effects are hazardous
not only to the employees engaged in radiation work but also to the general public. The chances
of radioactive materials spreading into the air have increased extensively as a result of the
discovery of artificial radioactivity and particularly due to the development of atomic bombs.
Nuclear energy which is nowadays a big source of energy has become a big health
hazard. Working of nuclear plants is hazardous to human health & its disposal of waste is
inherently hazardous to soil vegetation cover & aquatic life.
(a) Sources:
1) Nuclear Plants.
2) Testing of Atomic Bombs.
It causes serious effect on human health directly or indirectly.

02 . NOISE POLLUTION
Q.1. Discuss in detail the Indian Law on control of Noise Pollution. (Mar-08)
Q.2. How is Noise Pollution controlled?
Q.3. Write an essay on 'Noise Pollution'. (Mar-07 / Mar-09)
Q.4. Explain the meaning of Noise Pollution and the measure to control it. (Mar-07)
Introduction:
Due to rapid growth of urbanization, industrialization and advancement of science and

technology the problem of noise pollution has emerged as one of the serious problems. And it
has become a serious challenge to the quality of life of the people in most of the countries. The
problem of noise pollution has already crossed the danger point and noise like smog is treating
as a slow agent of death. Noise pollution has been identified as a "Slow Killer".
Definition of Noise Pollution:
The term "Noise Pollution" has not been defined in the Central Legislative Acts
anywhere. But the Environment (Protection) Act, 1986 recognizes noise as an "environmental
pollutant" and empowers the Central Govt. to frame rules prescribing the maximum permissible
limits for noise in different areas. In 1987, amendment to the Air (Prevention) and Control of
Pollution Act, 1981 expanded the definition of "Air Pollution" to include 'noise'.
The word "noise" is derived from the Latin term "nausea". It has been defined as
"unwanted sound", a potential hazard to health & communication dumped into the
environment without regard to the adverse effect it may have on unwilling ears. Many
industrial psychologists and environmentalists have defined the term noise.
1) E. Britannica: - E. Britannica defines noise as 'any sound'. According to this definition, 'a
sound of church bells may be music to some and noise to others. Usually noise is a mixture
of many tones combined in a non-musical manner."
2) J. Tiffin: - "Noise is a sound which is disagreeable to the individual and which disturbs the
normal activities of an individual."
3) “Noise means any unwanted, harass and loud sound which is annoying, uncomfortable,
interferes with speech, damages the hearing capacity, reduces concentration and work
efficiency".

Difference between Noise and Sound:
Generally speaking 'sound' and 'noise' can be taken to mean the same thing but in
considering environment we must differentiate these two terms. The two terms differ in their
meaning. It is only when the effects of sound are undesirable that is may be termed as noise.
The most significant attributed of noise are its "loudness" and "duration".
Sources of Noise Pollution:
Sources of noise may be broadly classified into two classes.
1) Industrial:
The industrial sources may include noise from various industries operating incites like
boiler, machinery, foundry, flour-mill, cutting machines, etc. Every industry produces noise
pollution due to big machines working at a high speed has high noise-intensity.
2) Non-industrial:
Loudspeaker, Automobiles or road traffic, trains, air craft, construction work projection
of satellites in space, domestic noise from T.V., radio, mixer machines etc, crowded bazaars,
religious festivals, schools, social, religious and political gatherings including sports fields, sirens,
domestic animals, typing machine, generator sets.
Noise problems may also be due to mining and the sufferers are workers, community or
those who dwell near it. Noise and vibrations are caused by heavy earth-moving machines, drills
and blasting operations.
Measurement of Noise:
The measure of noise is known as decibel. The word 'decibel' is made of two words – 'del'
which means 10 and 'bel' which has been taken from the name of the scientist Graham Bell,
who invited it.
Effect of Noise Pollution:
Noise has both auditory and non auditory effects depending upon the intensity and the
duration of noise level.
1) Auditory effects:
Noise damages the ear and causes temporary and permanent hearing loss. The
temporary hearing loss is physiological phenomenon, which is reversible. If the intensity and the
duration of the noise are high then it leads to permanent loss of hearing. It is an irreversible loss
of hearing and it may cause when the intensity of the noise is more than 140 db.
2) Non-Auditory Effects:
The non-auditory effects of the noise are as under -
a) Annoyance – noise caused annoyance, which leads to ill temper, mental disorientation
and violent behavior.
b) Effect on communication – Noise affects verbal communication on which we depend in

all kinds of environment.
c) Loss of efficiency – Noise directly demolishes the working efficiency & it enhances
chances for accidents.
d) Disturbance in Sleep – Noise also causes disturbance in sleep.
e) Effects on the nervous system – Noise can also lead to nervous breakdown.
f) Hormonal Effect – Noise also causes stress & sometime fears which disturbance the
body's hormonal balance & produces many diseases.
g) Effect on Reproductive System – Noise also has effect on reproductive cycle of different
living organism.
h) Miscellaneous Effect –
It has been found that in certain cases noise is the root cause of various health hazards. It
affects the digestive system.
Control of Noise Pollution / Measure to control Noise Pollution /

Protection from Noise Pollution:
Indian Laws on Control of Noise Pollution:
Looking to the serious and disasters effects of noise pollution on human life it is essential
to take preventive and prospective measures. These measures includes non-legislative as well
as legislative –
Non-Legislative Measures:
a) Trees such as Neem and Ashoka absorb sound vibrations to a great extent. Plantation of
these trees on both sides of the roads, around hospitals, libraries, schools and colleges,
forests and parks reduce the menace of noise pollution.
b) Noise insulating and noise-absorbing roads and buildings should be constructed.

c) Strict check on industries and mining operations for noise control is essential while
issuing and renewal of licensees.
d) Intervals between blasting of rocks and explosion should be 17 milliseconds or more.
e) Loudspeakers and amplifiers should be so manufactured that they do not produce more
than 80dB of noise.
f) There should be a complete ban on the use of loudspeakers during 10.00 PM to 5.00 AM.
g) Public awareness is a must for the betterment of environment.
h) Railway tracks and highways should be away from residential areas.
i) Noise producing factories, industries, bus stands, railway stations, should be located
away from residential areas.
j) Silence zones near residential areas, schools, colleges and hospitals are essential to
minimize noise pollution & its disturbance.
k) General awareness should be developed among the people to sound through radio, T.V.
& cinema halls so that there is minimum noise pollution in the environment.
l) The subject of environment protection should be made compulsory at the school, college
and university level.
m) Public awareness among masses should be created through seminars, conferences and
discussion etc. making them vigilant about the evil effects of noise pollution.
Legislative Measures:
For the protection of environment from noise pollution it is essential to adopt certain
legislative measures. It is an established fact that most of the causes of noise pollution are
manmade. Law is the regulator of human conduct and thus through legislative measure we can
regulate the human conduct to reduce the man made causes of noise pollution.
Different countries of the world have enacted different legislations to control the noise
pollution. For Ex. (1) in England there is Noise Abatement Act, 1960, (2) America has passed the
Noise Control Act, 1972 to control noise pollution, (3) In India till recently i.e. till the enactment
of the Environment (Protection) Act, 1986 and its rules & schedules, there was no direct
legislation providing for the control of noise pollution. Now under this Act Noise Pollution
(Regulation and Control) Rules, 2000 have been framed by the Central Government. But this
does not mean that there was no law at all the control the noise pollution before this earlier the
noise pollution could be controlled under various other laws some of which are as under : -

1) Noise Pollution as Nuisance under the Law of Torts:
Under the Law of torts if noise affects person’s comforts then it would amount to
nuisance, which is actionable. It is not necessary that there has been any injury to health. The
appropriate relief for the victims of the nuisance under the law of torts is available either in the
form of damage or by way of injunction.
CASE LAW – Goathan Construction Co. V/s. Amulay Krishan, AIR 1968
In the above case the plaintiff prayed for perpetual injunction to prevent private nuisance created by
hammering of metal sheets in the defendant’s workshop on the ground that the persons living in that locality
were being discomfited by the nuisance of such noise. The court, while treating the noise of the workshop as
actionable nuisance restrained the defendant from running any sound in the workshop.
2) Control of Noise Pollution under Indian Penal Code, 1860:
The Indian Penal Code recognizes noise as a public nuisance under section 268. Section
268 provides that a person is guilty of a public nuisance who does any act or is guilty of an illegal
omission which causes any common injury, danger or annoyance to the public or to the people
in general who dwell or occupy property in vicinity or which must necessarily cause injury,
obstruction, danger or annoyance to persons who may have occasion to use any public right.
Section 290 provides that whoever commits a public nuisance in any case not otherwise
punishable by this code shall be punished with fine which may extend to Rs.200/-.
CASE LAW – Ivour Hyden V/s. State, 1984 Cr.L.J. 16
In the above case the question before the Andhra Pradesh High Court was whether a person could be
held guilty and punished U/s. 290 of I.P.C. for the offence of noise caused by playing a radio loud? The Court
held that act of plying a radio loud was considered to be excusable U/s. 95 of I.P.C. The playing of radio at
reasonable moderate velocity is tolerable but not at a high velocity which is certainly objected to by a man of
ordinary prudence.
3) Noise Pollution control under the code of criminal procedure:
The Criminal Procedure Code, 1973 does not have any direct provision on noise
pollution, but in Chapter X, Section 133 prescribes for the abatement of nuisance in ordinary
cases and Chapter XI U/s. 144 in urgent nuisance. Noise Pollution is also included in nuisance.
CASE LAW – B. Patra V/s. District Magistrate, Cuttack, AIR 2000 Ori. 70
In the above case the Orissa High Court declared that "all District Magistrate should be empowered to
issue prohibitory orders U/s. 144 of Cr.P.C. Limiting the hours of loudspeakers in religious places & for other
social gathering & functions.

4) Noise Pollution control under other statutes:
a) Air Craft Act, 1934:
As such, there is no provision under Air Craft Act, 1934 for controlling noise pollution.
However, under this Act Govt. is authorized to make rules for the protection of public health.
Noise pollution is source of various health hazards. Thus, the Govt. can make rules to control
the noise generated by the Air Craft & take different measures to protect the people from
health hazards.
b) The Police Act, 1861:
Section 30(4) of the Police Act, 1861 covers the problems of noise arising from music,
which is one of the aspects of noise pollution.
c) The Workmen's Compensation Act, 1923:
U/Sec. 3 of the Workmen's Compensation Act, 1923 there is liability of employers to pay
compensation to their workers in case of injurious caused in the course of employment. Thus,
noise pollution can be controlled in the factories under the above mentioned provision.
d) The Factories Act, 1948:
Third schedule of Factories Act, 1948 contains a list o noticeable disease including the
diseases of hearing loss caused by the noise. Entry 22 of the schedule deals with 'Noise induced
hearing loss'.
e) The Air (Prevention and Control) Act, 1981:
The Air (Prevention and Control) Act, 1981 was enacted for the prevention control and
abatement of air pollution. Section 2(b) of this Act defines "Air Pollution" to means the
presence in the atmosphere of any air pollutant. In 1987 this Act was amended and the
definition of "Air Pollutant" was expanded to included noise. According to this definition 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 being or other
living creatures or plants or property or environment.
Thus, noise pollution can be controlled under various provision of this Act.
f) The Motor Vehicles Act, 1988 and the Central Motor Vehicle Rules:
Section 110 of the Motor Vehicles Act, confers powers on the central Govt. to make rules
regarding the construction, equipment & maintenance of motor vehicles U/s. 110(1)(h), the
Central Govt. can make rules regulating the reduction of noise emitted by or caused by vehicles
and thus reduce the noise pollution.

g) The Environment (Protection) Act, 1986 and the Environment (Protection) Rules, 1986:
U/Sec. 6(2)(b) the Central Govt. can make Rules providing for "the maximum allowable
limits of concentration of various environmental pollutants including noise for different areas.
Thus, the central Govt. has power to control the noise pollution by laying down the maximum
allowable limit of noise in the environment.
Constitutional Provision & Noise Pollution:
The Constitution of Indian obligated 'state' as well as 'citizens' to protect & improve
environment. The constitution 42 nd Amendment Act, 1976, added a new directive principle in
Article 48-A deals especially with protection and improvement of environment. It provides that
the state shall endeavor to protect and improve the environment and to safeguard the forest
and wild life of the country. The sane amendment also added a fundamental duty of the citizens
U/Article 51(A) (g) which provides that it shall be the duty of every citizen to protect and
improve the natural environment and wildlife and to have compassion for living creatures.
Through judicial interpretations it has been held that right to live in healthy environment
is a part of article 21 of the Constitution.
Article 19(1) (g) provides that no person can carry on any profession, occupation, trade
or business, if it causes nuisance including noise to other persons.

03. CONSTITUTIONAL PROVISINS & ENVIRONMENT
Q.1. "Right to a wholesome environment is fundamental right". Discuss with reference to

decided cases. (Mar-09)
Q.2. "Right to wholesome environment is fundamental right under Article 21 of the
Constitution". Discuss with suitable cases. (March-06) (Oct-07)
Q.3. Discuss the provisions of Indian Constitution in relation to improvement and protection
of environment. (Mar-07)
Introduction:
The Constitution of India came into force on 26th January, 1950. At that time it did not
contain any specific provision dealing directly with environment, only provision which was of
some significance was Article 47 of Directive Principles of State Policy which reads : -
"The state shall regard the raising of the level of nutrition and standard of living of its
people and improvement of public health as among its primary duties."
Article 21 of the Constitution which deals with the right to life and personal liberty was
not of much help in the beginning as it was given a very restricted and narrow meaning. But in
due course of time the problem of pollution and environmentalists.
42nd Constitution Amendment and After:
In 1976, under the leadership of late Mrs. Indian Gandhi, the constitution 42nd
Amendment was passed and provisions regarding the protection of environment were
incorporated into it. In the chapter of Directive Principle of State Policy a new provision in the
form of Article 48-A was incorporated which runs as follows –
"Article 48-A provides that the state shall endeavor to protect and improve the
environment and to safeguard the forests and wildlife of the country."
"Apart from this provision, a new provision in the form of "Fundamental Duties", as
Article 51-A was also incorporated by the 42 nd Constitutional Amendment. Article 51-A is
important which provides that it shall be the duty of every citizen of India to protect and
improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures."
The above mentioned constitutional provisions impose two-fold responsibilities. On the

one hand, they give directive to state for the protection and improvement of environment and

on the other they cast a duty on every citizen to help in the preservation of natural
environment.
CASE LAW – L.K. Koolwal V/s. State of Rajasthan, AIR 1988 Raj. 2.
In the above case the scope of Article 51-A (g) was examined by the H.C. of Rajasthan. The High Court
while pronouncing the judgment, explained the true scope of Article 51A in the following terms.
"We can call Article 51-A ordinarily as the duty of the citizens. But in fact it is the right of the citizen
as it creates right in favor of citizens to move the court to see that the state performs its duties faithfully and
the obligatory and primary duties are performed in accordance with law of the land. Omission or commissions
are brought to the notice of the court by the citizen and thus, Article 51-A gives a right to the citizens to move
the court for the enforcement of duty caste on state agencies, department and local bodies created under the
peculiar law of the state."
CASE LAW – T. Damaodhar Rao V/s. S.O. Municipal Corporation, Hyderabad, AIR 1987
In the above case the court pointed out that in view of articles 48-A and 51-A it is clear that protection
or environment is not only the duty of every citizen but it is also the "obligation" of the state and all other state
organs including courts."
Some relevant provision which directly or indirectly related to environmental protection

under the constitution of India have been enshrined in part IV, under the heading "Directive
Principles of State Policies."
Article 47 provides that the state shall regard the raising of level of nutrition and
standard of living of its people & improvement of public health as among its primary duties.
Article 48 of the Constitution provides that the state shall endeavor to organize
agriculture and animal husbandry on modern and scientific lines and shall in particular take
steps for preserving and improving the breeds and prohibiting the slaughters of cows and calves
and other milky and draught cattle. Thus Article provides for the security of cows, calves and
other milky and draught cattle which help in maintaining ecological balance.
Article 49 of the Constitution provides that it shall be the obligation of state to protect
every monument or place or object of artistic or historic interest, declared by or under law
made by parliament to be of national importance.
Protection of monuments and places and objects o national importance includes the
protection from environment pollution. Therefore, the state has to make efforts to improve the
environment for protecting monuments and places and objects of national importance.
Legislative Powers:
Apart from the aforesaid provisions, the Constitution of India confers wide legislative
powers on the parliament and state legislatures for providing law relating to the environment
protection. Parliament can make law with respect to matters contained in the union list of the
seventh schedule and state legislature with respect to matters contained in the state list of
Constitution. Parliament and the state Legislature of the state are competent to make laws with
respect of any of the mattes contained in concurrent list.
Fundamental Rights:
Part-III of the Constitution confers Fundamental Rights to the Indian citizens. Part-III
contains Articles from 12 to 35. Out of them, Article 21 is the most important in relation to the
environment pollution.
Article 21 – Protection of Life and Personal Liberty – No person shall be deprived of his
life or personal liberty except according to
In the environmental proceedings much mere initiation and concentration shall have to
be taken. Disturbing the ecology and polluting environment would be more hazardous and
dangerous to innumerable human beings, animals, flora & fauna. It is the responsibility of the
Govt. & every citizen to protect environment. The Supreme Court directed the central and the
state Govt. to take immediate steps to prevent illegal mining.
CASE LAW – M.C. Mehta V/s. Union of India (Ganga Pollution Case) AIR 1988 SC 1115.
In the above case Justice Singh declared that the closure of industries (tanneries) may bring
unemployment and loss of revenue to the state, but life, health & ecology have greater importance for the
people."
CASE LAW – Education and Research Centre V/s. Union of India (1995 3 SCC 42
In the above case the Supreme Court held that Article 21 which deals with the right to life includes
protection of health and strength of workers. Industry whether public or private to take all such measures
which will promote health, strength and vigor of the workmen during the period of employment.
CASE LAW – L.K. Koolwal V/s. State of Rajasthan, AIR 1988 Raj. 2
In the above case the Rajasthan High Court held that maintenance of health, preservation of sanitation
and environment falls within the purview of Article 21 of the Constitution as it adversely affects the life of
citizen and it amounts to slow poisoning & reducing the life of the citizen because of the hazards created, if
not checked.
CASE LAW – Vellor Citizen Welfare Forum V/s. Union of India & Others
In the above case on the report submitted by the Tamil Nadu State Board & Central Board the
Honorable High Court observed that though leather industry is vital importance for the country as it generated
foreign exchange & provided employments, it has no right to destroy the ecology, degrade the environment and
cause a health hazard. Supreme Court held that sustainable development means the development that meets the
needs of present without can promising the ability of the future generation to meet their own needs. The
precautionary principle and the polluters pay principle are the essential features of sustainable development.

04 . STOCKHOLM DECLARATION 1972
Q.1. Write a note on Rio-Conference. (Mar-06)
Q.2. What is the contribution of the Stockholm Conference on Environment, 1972 towards
protecting the environment? Discuss. (Nov-09)
Q.3. Write a note on 'Rio-Conference'. (Mar-09)
Q.4. Explain in brief Stockholm Conference, 1972. (Mar-07)
Q.5. Explain the silent features of Stockholm Declaration, 1972. (Oct-07)
Introduction:
First international conference on human environment was held in the Stockholm, capital
of Sweden (June 5-16, 1972) where 112 states participated, including India, in the conference
and accepted the declaration.
At the end of the conference, 26 principles were agreed and declared by the participating
states. These principles are known as Magna Charta on human environment. The conference
adopted an action plan relating to natural resources, human settlement, human health,
environment and development, wildlife. It also declares that there is a need for the
international law relating to liability and compensation for the victim of pollution and other
environment damage.
Object:
The object of the Stockholm Declaration was to encourage and provide guidelines for
action by Government and International Organization to protect and improve human
environment.
Another object of the Stockholm Declaration was to pass our mother Earth to the coming
generations in clean and healthy conditions. There is great task on the states. The
environmental problems are linked with development.
Hence every Govt. of the Globe faces the greatest challenge to design development. So
that it can eradicate the poverty and at the same time it should concentrate on the
environmental pollution. Development and environment are two sides of the same coin. To
solve this problem and to have the solution, the U.N. Conference on the human environment
was held at Stockholm from 5th June to 16th, 1972. It is the first major attempt to solve the
global problems of conservation and regulation of human environment.

Stockholm Declaration, 1972:
It was the first major declaration on the International Protection of Human environment.
It contains 26 Principles. The conference was commenced on 5th June. So the day would be
observed as the World Environmental Day. The following provision is adopted in the
Conference.
1. Sustainable Development:
The principle of sustainable development was accepted by the Stockholm declaration as

an appropriate concept to eradicate poverty and improve the quality of human life.
2. Principle 21:
Principle 21 of the declaration says that every state should exploit its own natural or
human resources without affecting the rights of other countries. This Principle is based on
Common law maxim SIC UTERO TUO UT ALIENUM NON LEADES. It means one must use his own
rights so as not do injury to another. In Trial Smeller Arbitration, the Court imposed
international responsibility on States for the pollution caused by industries located in the state.
3. Human Rights:
The Declaration gave importance to Human life. It stated that right to live includes living
with healthy and hygienic conditions.
4. Codification of Law Regarding International Liability:
All states shall cooperate to further develop the International Law regarding liability and
compensation for the victims of pollution and other environmental damage caused by the
activities within the jurisdiction of State to the areas beyond their jurisdiction.
5. Protection of Natural Resources:
Principle 2 declares that all natural resources including air, water and flora and fauna
must be safe guarded for present and future generations through careful planning and
management.
6. Prevent Marine Pollution (7):
All states shall take precautionary steps to prevent pollution of seas.

7. Promotion of Economic and Social Development (8):
For ensuring a healthy environment of man the economic and social development is
necessary in every state. The policies of states should be favorable for improving living and
working environment of man.
8. Earth Watch:
It is an action of plan for the development of Human environment. It is a global

environmental assessment program. It includes evaluation, review, research etc.
9. Governing Council for Environmental Programs:
It consists of 54 members. It prepares a report every year on the state of global

environment.
10. Environmental Secretariat:
It serves as an actual point for environmental action. It ensures a high degree of affective
management.
11. Environment Fund:
It is contributed by the member states according to their capacity. It is utilized for

programs preventing and eradicating the global environmental pollution.
12. Ban on Nuclear Weapon Test:
The Nuclear Tests are badly affecting Ozone layer, and contaminating the environment.
So the declaration banned nuclear tests.
UNEP:
The Stockholm declaration was approved by the General Assembly of the United Nations
in 1972. The United Nations Environmental Program (UNEP) was set up in Geneva in June 1973.
It worked as catalyst stimulator and coordinator among the member states on the
environmental action and, it worked hard to implement Stockholm declaration. The habitat
conference, 1976 and the Nairobi Conference on desertification, 1977 were conducted by
UNEP.
EFFECT OF THE DECLARATION:
With the influence of the declaration many states enacted environmental legislation and
also it influenced judicial activism in member states. For Eg. India.

In 1982 the 10th Anniversary Conference of Stockholm Declaration was held at Nairobi to
review the developments. In that conference a declaration was adopted this is known as
‘Nairobi Declaration’. The declaration reaffirmed the Commitment to the Stockholm
Declaration.
IMPORTANT POINTS OF THE DECLARATION:
1. The Conference found that there was no change in the environmental problems since
1972.
2. States decided to follow the Stockholm Declaration even in future with certain
improvements so as to suite to the coming global environmental problems.
3. The Declaration emphasized to strengthen and expansion of National efforts &

international Co-operation for environmental protection.
4. It urged Governments and people to participate in the environmental programs.

05. RIO-CONFERENCE - INTERNATIONAL REGIME
Rio-Declaration on Environment and D evelopment 1992 (Ear th Summit)
Introduction
In continuation of Stockholm Declaration, 1972 and the Nairobi Declaration, 1982, the
third major declaration is called as "Rio-Declaration". The international conference on
Environment was held in Rio-De Janerio, capital of Brazil on 3rd June, 1992. About 20,000
delegates from 178 Nations attended it. Hence it is also known as "Earth Summit". It discussed
the global and environmental problems vary widely. It was the largest international conference
in the history of international relations. It was held from 3 to June 12, 1992.
Object:
The Rio Declaration was adopted in the conference with an object of establishing a new
& equitable global partnership through the creation of new levels of co-operation among states,
key sectors of societies and people.
Important Points (Silent Features):
1) It adopted the principle of sustainable development Rio-Declaration gave utmost

importance on global environment and economic systems. The developing countries have been
exploiting extent. On the other hand the developing countries are burdened with poorness,
huge population. Both of them are damaging the planet, putting pressure. Hence Rio-
Declaration declared that these issued are not only environmental but also economical.
2) It stressed the importance to plan to eradicate poverty. It also gave importance to

women, youth and indigenous peoples.
3) It gave importance on environmental legislation environmental impact assessment,

economic, scientific and technological policy development.
4) Certain important questions were discussed in the conference, such as, who will pay for
the cleaning the world, climate change, forests, biological diversity, sustainable
development etc.
5) The conference deeply concerned with the Green House effect, Deforestation,
Desertification, Global Warming, Ozone Depletion, Population, Technology transfer,
Finance & degradation.
6) The convention aspired that the developed countries should take measures returning
their emission of carbon dioxide and other green house gases to 1990 levels by the year
2000.

7) It was accorded by all the participants for the forest development, and to make
necessary legislation to prevent the deforestation.
8) Mr. P.V. Narasimha Rao, the Prime Minister of India remarked that & declaration was
"balanced and "satisfactory".
REO DECLARATION, 1992 (EARTH SUMMIT)
The United Nations Conference on Environment and Development (UNCED) was held on
rd
3 June, 1992 at Rio De Janeiro (Brazil). It was the largest international conference in the
history of international relations. About 20,000 delegates from 178 Nations attended it. So it is
also well known as "Earth Summit".
OBJECTIVES OF THE DECLARATION:
This declaration gave importance to women, Youth and indigenous people. It

emphasized on the need of environmental legislation, EIA, Economic Development, Scientific
and technological Development. The conference concerned with the Green House effect,
Deforestation, Desertification, Global, Warming, Ozone Depletion, Population, Poverty,
Technology Transfer, Finance and degradation. It is decided that the developed countries
should reduce the green house gases to 1990 levels by the year 2000. The following are
important documents adopted in Earth Summit -
1. Rio Declaration on Environmental and Development.

2. Agenda 21
3. Forest Principles
4. Convention on Climate Change
5. Convention on Biodiversity
1. Rio Declaration on Environment and Development.
1. The Declaration guides the behavior of nations towards more environmentally

sustainable patterns of development.
2. Right of Human being to have a healthy and productive life in harmony with nature is
recognized.
3. Activities of states do not cause damage to the environment of other states.
4. The concept of 'Intergenerational Rights' is recognized.
5. Eradication of Poverty is recognized as an important element for sustainable

development.
6. States should reduce and eliminate unsustainable patterns of Production and

Consumption.
7. States should pass effective environmental legislation.
8. 'Precautionary Principle' has been incorporated in the declaration.
9. The declaration emphasized on co-operation among states.
10. Regarding transfer of technology and also to promote a supportive and open
international economic system.
2. Agenda 21:
Agenda 21 is a dynamic Program. It is a voluntary action plan. It is called as Agenda 21

because it is a comprehensive blue print for actions to effect the transition to sustainable
development in the 21st Century.
The Agenda 21 lays emphasis on the international co-operation for achieving the goal of
sustainable development. It deals with problems of today and also aims at preparing the World
for the challenges of 21st Century. It is divided into the following 4 sections.
I. SOCIAL AND ECONOMIC DIMENSIONS:- It promotes international co-operation to

achieve sustainable development in developing countries, like eradicating poverty,
promoting human health etc.
II. CONSERVATION AND MANAGEMENT OF RESOURCES FOR DEVELOPMENT:- It is
focused on protecting the atmosphere. Eg. Planning and Management of land
resources. Preventing deforestation, protection and Oceans etc.
III. STRENGTHENING THE ROLE OF MAJOR GROUPS:- This section strengthens the role of
various major groups towards sustainable and equitable development. Eg. Women,
Children, Youth, Indigenous people, N.G.G.O's and other communities.
IV. MEANS OF IMPLEMENTATION:- This sections related to financial resources and
mechanism, transfer of technology, promoting education, public awareness and
training.
3. Forest Principles:
They are set of no legally binding authoritative principles. They suggest the sustainable
management of forest worldwide. Forests play a very important role in preserving the ecology.
So specific recommendations for preventing deforestation are given in section II of Agenda 21.
4. Conventions of Climatic Change and on Biodiversity:
These two conventions were unanimously accepted in the conference. The first
convention is to prevent global climate change. According to this convention the States have to
take steps to reduce their emissions of gases. In 1993 the U.S. President Clinton accepted that
the U.S. would reduce its emission of green house gases to their 1990 level by the year 2000.

The convention on Biodiversity says that the states must take steps for protection and
sustainable use of the World's diverse plant and animals. Section II of the Agenda-21 contains
specific recommendations to improve the conservation of biological diversity and the
sustainable use of biological resources as well as to support the convention on Biological
Diversity. Though U.S. refused to sign on the convention later it signed during Clinton's period.
It is submitted that low conventions are first steps towards implementing the concept of
sustainable development following Rio declaration.
5. Earth Summit Plus Five:
A Special Session of the U.N. General Assembly on the environment was held at New
York in June, 1997. It is also known as "Earth Summit plus Five", because it was held after 5
years from Rio Declaration of 1992 i.e. Earth Summit. In this week long program the progress
towards sustainable development was reviewed. They based their review on Agenda-21.
In the conference it was found that the oceans, forest and atmosphere are still in trouble
and its population of poor people is growing. And also it was found that the global warning was
increased nearly 2% in the past five years. Similarly Biodiversity convention was suffered same
defect. The deforestation rate raised from 11,000 Sq. Km. a year (1991) to 15,000 Sq. Km.
(1995). In the end the conference concluded that the overall trends are worse today that they
were in 1992.
However, the delegates agreed on few concrete remedies in global warming.

Environmentalists also gave a call to create a 'World Environment Court' to solve the
International Environmental Disputes.
6. Global Warming:
The increase in atmosphere temperature of earth, i.e. warming up of the earth is called
"GLOBAL WARMING". It is threatening the world more than the nuclear weapons. It
dangerously affects living beings. and physical environment in 1998 the average temperature of
the world was recorded as 58o F which is the highest in this Century Causes of the high
temperature are burning of coal, oil, wood industrial emissions etc. If these human activities are
continued in the same manner the temperature will increase to 2o to 6o F in the next Century. If
the glacier of the Arctic and Antarctic melt, water of Seas will rise 300 feet and as a result of this
major cities of the world and all ports will submerge in the water. The first state which would be
affected is Mali Island.
In view of the seriousness of the situation UNEP chose GLOBAL WARMING as a Slogan in
1989. The main reasons of the global warming are the following -
1. Green House effect

2. Depletion of Ozone layer
3. Deforestation.

Green House Effect:
Carbon dioxide (CO2) methane (CH4), Nitrous Oxide (N2O) Chlorofloro Carbons (CFC) etc.
are called as Green House Gases. These gases absorb radiation heart and create higher
temperature industries and burning of coal, oil, wood etc. produced these gases. The high
concentration of these gases in the atmosphere increases the atmosphere temperature. Such
increase of atmosphere temperature to the Green House gases is known as 'Green House
Effect'. It adversely effects human environment. Proper measures must be taken to control or
prevent the emission of these gases. Otherwise, the earth has to face more serious
environmental consequences.
Depletion of Ozone Layer:
Ozone is 3 Oxygen Molecular atoms (O3). In the upper atmosphere at about 15 km.
height the Ozone Layer surrounds the earth. Most dangerous ultra violate rays of sun are
filtered in the Ozone layer. So it protects the earth from the destruction and ultra violate
radiation. The ultraviolet rays cause cancer, cataracts. Skin deceases, destruction of aquatic life
and vegetation and loss of immunity. Cataract is the primary cause of blindness in India. There
are nearly 20 million blind people in India. Recently Scientists have detected cases of sheep
becoming blind and children suffering allergies and sunburns in south Chile due to exposure to
ultraviolet rays of the sun.
The industrialization, nuclear weapons, nuclear wastage is reducing and depleting the
ozone layer. The main substance which adversely reacts with the ozone is chlorofloro carbons
(CFCs) and Halons. CFC's are used in air conditioners, refrigerator etc. Halons mainly used as fire
extinct quick.
International Efforts to Protect O3 Layer:
In 1983 British Scientists discovered a hole in Ozone layer in Antarctic region, which is
bigger than the European continent. Two years later in 1985 a treaty was signed in Vienna on
conservation of Ozone layer. Subsequently Montreal protocol, 1987 was signed to reduce 50
percent of CFC's by the year 1998. It was followed by Helsinki meeting which aimed at total
elimination of C.F.C.'s by the end of this century.
The development countries contribution in the total discharge of CFC's is 95% where as
developing countries share is only 5% India releases just 6000 tones of CFCs per a year which is
equal to one and a halt day of world total release. However the world’s worst polluter U.S.A. is
contributing 21% of CFC’s to atmosphere pollution. Because of this reason India refused to sign
Montreal protocol and insisted on 'Polluter Pay' Principle making the developed countries liable.
To avoid the dangerous situation the developed have discovered Ozone friendly
substances in place of CFCs. But developing countries cannot afford the costs of using such
advanced technologies. A decision was taken to establish an Ozone fund to assist the
developing countries in this regard.

06 . COMMON LAW REMEDY & OTHER STATUTORY
REMEDIES
Q.1. What are the common law remedies available to an individual against the polluter of
environment? (Mar-09)
Q.2. What are the common law remedies available to an individual against the polluter of
environment? (Mar-06)
Q.3. What are the various legal provisions incorporated in Indian Penal Code, 1860, Criminal
Procedure Code and Civil Procedure Code regarding abatement of nuisance? (Mar-07)
Q.4. What are the legal provisions incorporated in I.P.C., Cr.P.C. and C.P.C. regarding
pollution control? (Nov-09)
Introduction:
Modern environmental law has its roots in the common law principles of nuisance. The
substantive law for the protection of the citizen’s environment is basically that of common law
relating to nuisance. In fact the remedies under the law of tort to abate environmental pollution
are the oldest legal remedy. Nuisance created by environmental pollution can also be controlled
and regulated under the statutory provisions of Indian Penal Code and Criminal Procedure
Code. Even under Civil Procedure Code there is a provision to control public nuisance.
Common Law Remedies:
The term "Common Law" is derived from Latin words lox communis. It is a body of
customary law of England which is based upon judicial decisions. The common law continues to
be in force in India under Article 372 of the Constitution in so far as it is not altered, modified or
repealed by statutory law. The common law remedies against the environmental pollution are
available under the law of Torts. Tort is a civil wrong other than breach of trust or contract. Any
tortuous action results in damage to property, person or reputation of another person and the
affected party can claim damages, compensation or injunction or both.
CASE LAW – M.C. Mehta V/s. Kamal Nath, (2000) 6 SCC 213.
In the above case the Supreme Court rightly observed that environmental pollution amounts to Civil
Wrong and by its nature it is a tort committed against the whole community. The Court observed -
"Pollution is a civil wrong. By its very nature, it is a tort committed against the community as a whole.
A person, therefore, who is guilty of causing pollution, has to pay damages (Compensation) for restoration of
the environment and ecology. He has also to pay damages who have suffered loss on account of the act of the
offender… In addition to damages … The person guilty of causing pollution can also be held liable to pay
exemplary damages, so that it may act as a deterrent for others not to cause pollution in any manner.
1. Nuisance:
The roots of environmental law can be found in the common law concept of Nuisance.
The definition of pollution under water Act expresses that contamination of water can be
considered as pollution, when it may or is likely to cause a nuisance. Thu, nuisance is the basis
for pollution.
Under common law, nuisance means an unlawful interference with a person's use or
enjoyment of land or some right over or in connection with it. Acts interfering with the comfort,
safety and health through noise, vibration, heat, smoke, smell, fumes, water, gas, disease
producing germs are considered as nuisance. Polluting the public drainage, releasing offensive
gases and dust in to the atmosphere, discharging sludge's wastes liquids into tanks, canals,
producing intolerable noises are some of the ways of causing nuisance through pollutants. This
environmentally damaging nuisance certainly will affect health or habitability of a locality.
The nuisance is of two kinds, private and public. Private nuisance is an unreasonable
interference with a person's right over wholesomeness of land where public nuisance is an
unreasonable interference with a general right of the public. In case of public nuisance, though
it effects the public at large, no one has right to bring a civil action, unless he proves special
damages.
CASE LAW – Dr. Ram Raj Singh Vs. Babulal (AIR 1982 ALL. 285
The defendant erected a brick-grinding machine adjoining the hospital of the plaintiff. The brick-
grinding machine generated dust, which polluted the atmosphere. The dust entered the consulting chamber of
the plaintiff and caused physical inconvenience to him and patients. The dust accumulated on the clothes and
property of the plaintiff. It was considered by the court as special damage and granted a permanent injunction.
CASE LAW – Ratlam Municipal Corporation vs. Vardhichand (AIR 1980 SC 1622)
The residents of Ratlam Municipality were facing public nuisance caused by open drains, open public
excretion by nearby slum dwellers and effluents from alcohol plant, Vardhichand and other residents filed a
complaint before the sub-divisional magistrate requesting to direct the municipality to take steps for removal of
the public nuisance under section 133 of Cr.P.C. The magistrate issued directions to the municipality to draft a
plan for the removal of nuisance. On appeal the Supreme Court approved the order of the magistrate. This case
is significant stone in the path of environmental protection and it influenced decisions of various High Courts.
CASE LAW – Krishna Gopal Vs. State of M.P. (1986 Cr.L.J. 396)
A glucose saline manufacturing company installed in a residential locality was causing noise and air
pollution. A lady resident complained that her husband, a heart patient, was disturbed constantly in his sleep
every night by the noise of the boiler in the company. Basing on this complaint the magistrate issued orders
under section 133 of Cr.P.C. to close down the factory. On appeal the High Court of M.P. confirmed the order

of the sub-divisional magistrate. This approach of courts provided a wider scope for the law of public nuisance
to operate for purpose of protecting the environment.
2. Trespass:
Trespass to land means an unauthorized interference with possession of land. The

interferences shall be direct and through some tangible object. Use of force is not required and
even a minute invasion is a trespass. It is actionable parse i.e. actionable without proof of any
damage. The liability for trespass is strict, probably inevitable accident will be a good defense.
Regarding to trespass in environmental law, discharge of noxious and hazardous

industrial wastes, effluents, gases into the surrounding lands, rivers, lakes, and atmosphere is
certainly considered as trespass to land. Because such activities are unauthorized, direct and
through some tangible objects. It is interfering with the safety, comfort, health and happiness of
the people. Thus, they went beyond the considerations of trespass in law of torts.
Further, trespass is possible even by an inversion on the subsoil. The untreated chemical
effluents discharged on to the open land and into pits are percolating into the subsoil.
Ultimately they are reaching wells and ponds of surrounding villages through the underground
water channels and making until for consumption and it also affecting the fertility of land. When
taking minerals from out of the subsoil is considered as trespass, contaminating the
underground water channel, thereby impairing the fertility of the soil shall also be considered as
trespass to land. Because it is direct interference with the possession of land.
3. Negligence:
Negligence is a breach of duty to take care which results in damage. The following are
essential conditions for the tort of negligence.
1) Duty to Take Care:
There must be a legal duty on the part of the defendant to take care. This duty arises
whenever the possible evil consequences of his act are foreseen.
2) Breach of Duty:
Failure to take reasonable care in avoiding of such evil consequences is known as breach
of duty.
3) Damage:
If the breach of duty causes legal injury, harm, loss to anyone it is known as damage.
There must be direct link between the negligence and the harm caused.
Regarding negligence in environmental law, there is a legal duty under water Act, Air Act,
and Environment Protect Act, on the part of the industrialist, not to discharge effluents,
garbage, and emissions without proper treatment. The consequential evil effects of such
discharge can be foreseen by any one. But industries are grossly violating this duty and
indiscriminately discharging chemical effluents, emitting poisonous gases and hazardous solid
wastes into the environment without any treatment. Ultimately people are suffering will
resultant damage like health problems, destruction of property. These industrial activities are
known as "negligence" in law of torts.
As the liability in negligence is based on fault, the negligence would be utilized only
where other common law remedies nuisance and trespass are not available.
In Naresh Dutt Tyagi vs. State of U.P. chemical pesticides were stored in a Godown in
residential area. Fumes emanating from the pesticides leaked through ventilators and resulted
in death of three children. It was held that it was a clear case of negligence.
4. Strict Liability:
Strict liability is a common remedy for environmental issues, where the harm is cause by
escape of hazardous substances. The doctrine of strict liability was propounded by Black Burn. J
in Rylands Vs. Fletcher case. According to this rule if a person keeps or brings on his land any
dangerous thing, he will be prima facie liable for the damage caused by its escape. He is liable
even without intention or negligence. Thus, it is known as "no fault" liability. However, certain
exceptions to this rule were recognized in this case.
Many acts of pollution are caused by materials or substances, which are brought on to
land and escaping from that land. Hence, the implications as far as strict liability in
environmental pollution in concerned are quite clear.
However, recently a more stringent rule of absolute liability was propounded by the
Supreme Court in M.C. Mehta vs. Union of India (Oleum Gas leak case). Exceptions are not
available under this rule. Thus, it seems that environmental law has been changing in India
according to new challenges of the day.
The Supreme Court of Indian followed this absolute liability principle in the subsequent
case INDIAN COUNCIL FOR ENVIRO LEGAL ACTION Vs. UNION OF INDIA (AIR 1996 SC 1446).
However, public liability Insurance Act, 1991 was enacted making the polluting industries
absolutely liable.
5. Statutory Remedies:
There are various statutory provisions in India which play a very important role in
preventing and controlling all kinds of pollution. In addition to the specific legislations relating
to environment protection broadly the statutory provisions regarding the environmental
pollution can be discussed under the following heads: -

1. Indian Penal Code, 1860:
Indian Penal Code declares certain acts affecting environment as offences. Chapter XIV
containing Sections 268 to 294-A deal with offences affecting the public health, safety,
convenience, decency and morals.
Section 268 I.P.C. defines Public Nuisance and Sections 269 to 290 provide punishment
for public nuisance. Sections 272 to 276 deal with the adulteration of food, drinks and drugs.
Sec. 277 aims to prevent water pollution. This section provides that fouling of water of public
spring, well or reservoir rendering it less fit for purposes for which it is ordinarily use, shall be
punishable with imprisonment up to three months or with fine up to rupees five hundred or
both. The section further provides that "no trade, business or manufacturing process shall be
carried out in the residential area which produces noxious and offensive smell.
2. Criminal Procedure Code, 1973:
The Code of Criminal Procedure, 1973 provide for certain provisions for preventing and
controlling public nuisance causing air, water and noise pollution.
Chapter X, Part-B containing sections 133 to 143 and Part-C containing Section 144
provide for most effective and speedy remedies.
Section 133 Cr.P.C. – According to Section 133 of the Cr.P.C., the District Magistrate or
Sub-Divisional Magistrate or Executive Magistrate, if he is so empowered by the State
Government, on receipt of report from police officer or other information, may make
conditional order to remove the public nuisance causing pollution. The conditional order may
be made absolute and if the person concerned fails to carry it out, he can be prosecuted under
Section 188 of the I.P.C. Even the head of the Government Department or public bodies can be
prosecuted for defying the orders.
It may be noted that Section 133 Cr.P.C. can be used even against statutory bodies like
Municipalities, Corporations and other Government bodies causing public nuisance and
environmental pollution. In some cases, the statutory bodies, instead of rectifying their act (or
omission causing public nuisance) fight the legal battle, taking the plea of financial instability.
3. Civil Procedure Code, 1908:
Section 91 of Code of Civil Procedure, 1908 provides for an action in respect of public
nuisance. According to Sec. 91 of C.P.C. in case of public nuisance or other wrongful act

affecting or likely to affect, the public a suit for declaration and injunction or for such other
relief as may be appropriate the circumstances of the case may be instituted.
a) By the Advocate General; or
b) With the leave of the Court, by two or more persons even though no special damage
has been caused to such persons by reason of such public nuisance or other wrongful act.
This section does not limit or affect any right o suit, which may exist independently of its
provisions. Thus, the persons causing air or noise pollution or public nuisance are liable for
prosecution.

07 . JUDICIAL ACTIVISM & ENVIRIONMENT
PROTECTION
Q.1. Judicial activism & Environment Protection – Short Note (Mar-10)
Q.2. What is the role of judiciary in the protection of environment? (Nov-09)
Q.3. Judicial activism & Environment (Mar-08)
Introduction:
Till 1980 The Courts in India were confined to the common law rules of strict liability,
nuisance, negligence etc. to redress the environmental grievances. However, recently by going
beyond these common law principles courts, have added new dimensions to the Environmental
jurisprudence in India. Particularly the efforts of the Supreme Court in this regard are
remarkable. The decision of Supreme Court in RATLAM MUNICIPALITY case is beginning for
"judicial response" on environmental aspects. The Indian experience is the most successful one
among the world countries in this regard. The probable reasons may be judicial step up and
public inspiration in India this process courts have not confined to preventive measures but
they issued directions for remedial justice too.
CASE LAW – Ratlam Municipality vs. Vardhichand (AIR 1980 SC 1622)
A Nala was following through the residential area in Ratlam city. Alcohol plant used to discharge
waste material into this Nala. The half constructed drain allowed dirty water to overflow. More over the slum
dwellers used the bank of drain as an open latrine. The dirty water flowing from lavatories and urinals of the
residential houses had no outlets and pits were full of this dirty water. This filth helped bulk of mosquitoes
breeding. This situation was having very harmful effect on the residents. They moved to Sub Divisional
Magistrate Court against Municipality to take action under Section 133 of Cr.P.C. to reduce the nuisance. The
Magistrate ordered to construct drains and to remove the filth within 15 days. The High Court upholding the
order of the Magistrate declared that the Municipal council and the Town improvement trust must prepare a
permanent plan for the free flow of dirty water of the Nala and must give a concrete plan within 6 months.
When the case came before the Supreme Court, it upheld the order of the magistrate.
The court issued directions that the Municipal Council and the State Government shall take
steps to stop the pollution caused by the alcohol plants. Prior to these case similar cases were
decided by the Supreme Court under nuisance.

Right to Environment:
Though there are several laws dealing with environment the right to clean environment
is not provided in any statute. But courts have recognized this right by interpreting Art. 21 of
the constitution.
The right to life which is laid down in Article 21 of the Indian Constitution used to be
given a restricted meaning. But for the first time the Supreme Court interpreted that the right
to life includes the right to wholesome or pure environment, in the following case.
CASE LAW – Rural Litigation and Entitoment Kendra Dehradun vs. State of U.P. (AIR 1985 SEC 652
(Doon Valley Case)
Limestone mining caused in the depredation of the environment and adversely affecting the safety and
health of the people living in the Doon valley. The complaint lodged by the Kendra was treated by the Supreme
Court as writ petition under Art. 32. The court ordered for the closure of some quarries on the ground that the
mining operations mere inspecting ecological balance. Although Art. 21 is not referred to this judgment it can be
understood as involving violation of right to life under Art. 21.
CASE LAW – M.C. MEHTA vs. UNION OF INDIA (Ganga Pollution Case) (AIR 1988 SC 1037)
The Supreme Court observed that closure of tanneries may bring unemployment. Losses of revenue but
life, health and ecology have greater importance to the people.
CASE LAW – T DAMODARA RAO vs. SPECIAL OFFICER, MUNICIPAL CORPORATION OF

HYDERABAD (AIR 1987 AP 171)
In this case the A.P. High Court expressed in detail the relationship between the fundamental rights as
given in Art. 21 and the right to unpolluted environment.
In this case the L.I.C. and Income Tax department had acquired 37 acres of land to construct houses of
their employees. This land was allotted from 150 acres area of land specified for recreational part.
The High Court of A.P. observed that the right to life under Art. 21 includes right to clean
Environment. Without pure environment life cannot be enjoyed. The court expressed that not only the violent
extinguishment of life but also the slow poisoning by the polluted atmosphere caused by environmental
pollution should be regarded as violation of right to life. The court held that purpose of planned development is
to maintain an environmental balance. So constructing of houses in area specified for recreational park is
contrary to right to life. Permission cannot be granted to alter the development plan.
The Court gave priority to the ecology and environment than the housing requirement.
The court struck a balance between the right of ownership and environment. The uncontrolled
right of ownership of land has become subservient to the general good i.e. to have good
environment.

CASE LAW ATTAKOYA THANGAL vs. UNION OF INDIA (1990 K.L.T. 580)
The Kerala High Court observed that right to life does not mean mere animal existence. Right to clean
water and right to free air are basic element of right to life. With the expression of the Supreme Court it is
widely accepted that the right to life under Art. 21 includes wholesome environment. In recover the court have
encouraged environments by awarding rewards and created public awareness regarding environmental issues.
Public Interest Litigation:
In above discussed cases the Supreme Court allowed suits under Art. 32(Writ
Jurisdiction) through public interest litigation. According to traditional rule of locus standi the
effected party alone can file a suit to get remedy from the S.C. under Art. 32 but in order to do
justice to social, economic backward people who cannot approach the S.C. widened the scope
of Art. 32 by setting aside the locus standi rule. Now any public sprinted person can file a suit
for the enforcement of constitutional of legal rights of public general or any individual. In the
light of above mentioned cases it is proved that the public interest litigation became a good
means for the redresser of Environmental grievances. However the S.C. in protecting
Environment and ecological balance through public interest litigation particularly when the
executive is not well functioning is appreciable.
In the following cases also the S.C. permitted suits through public interest litigation. The
approach adopted by the Supreme Court is based upon a process of legal reasoning strongly
inspired by the need of 'Social Justice'. SP GUPTA Vs UNION OF INDIA (AIR 1982 SUPREME
COURT 149), M.C. MEHATA Vs UNION OF INDIA (SHRIRAM FOOD & FERTILIZERS CASE), M.C.
MEHATA Vs UNION OF INDIAN (TANNERIES CASE) TARUN BHARAT SINGH, ALWAR Vs. UNION OF
INDIA (AIR 1992 SC 514) (SARISKA BIO-RESERVE)
Industrial Activity and Environmental Protection:
Industries are main contributors of environmental pollution among all factors. So

industrial development is causing much degradation to the Environment and it must be
controlled but Art. 19(1) (g) of the constitution guarantees every citizen of India to carry on his
business of trade. So conflict will arise between a right to carry on trade, and economic
development on one hand and prevention of pollution and protection of environment on other.
In Abhilash textiles vs. Rajkot Municipal Corporation. An attempt has been made by High Court
of Gujarat to draw a balance between them.
Facts of the Case:
The Municipal Commissioner of Rajkot had issued a notice to dying and printing
industries of Rajkot, in order to prevent the discharge of dirty water from the factory on public
road and public drainage.

And he stated that these acts are causing damage to public health. He also directed to
take steps within 7 days, otherwise he would take steps to close factory. Against this order 4
petitions were filed by 165 dying industries.
The contention of the petitioner was that they were carrying on the business for last
about 25 years and they are providing employment of 30 thousand families and hence the
proposed action will have serious effect on them. They pleaded that before taking the drastic
step, the Commissioner ought to have given them the opportunity of being heard they took
shelter under the observation of the S.C. in Menaka Gandhi vs. Union of India to protect their
trade.
However, the S.C. observed that Art. 19(1)(g) of the constitution confers right upon every
citizen to practice any profession or trade or any occupation, trader or business but this
fundamental right is subject to reasonable restrictions which may be, placed in the interest of
the general public as provided for sub-clause (6) of Art. 19 itself. No one has right to carry on
business so as to cause nuisance to the society.
The court further observed that discharge of effluent water on public a road and in the
drainage caused Environmental pollution. Art. 51(A)(g) imposed fundamental duties on citizen
of India to protect and improve the natural Environment in this case of the Commissioner by
giving notice simply remanded the petitioners of their fundamental duties.
Regarding the contention of the petitioners that the business is being carried on for last
20 to 30 years. The Court observed that if the petitioner wish to carry on business they may
have to incur expenditure and they must provide for purification plant before discharging the
effluent water on public road or in the public drainage system. The petitioners cannot be
allowed to get profit as the cost of the public health. This is the mandates of the law. This is
what the Commissioner has proposed to do by serving the notice upon the petitioners.
However, the Court directed the commissioner to give some more time to the petitioners to
mend the ways and prevent the nuisance.
So the S.C. clearly gave priority to the question of environment then to the question of
fundamental rights and development. Development cannot be achieved by exercising
fundamental rights at the cost of the health of citizen.
The judicial policy reflected in the decisions is one of the strengthening the hands of
enforcement agencies. At the same time judiciary has been cautious, malicious litigation’s have
not been permitted under the mask of actions for controlling pollution. The enforcement
agencies have been not allowed to over step the limits of their jurisdictions in a spirit of
Environmental over enthusiasm.

0 8. FOREST LAWS
Q.1. What are the aims, objects and provisions of Forest Conservation Act, 1980? (Nov-09)
Q.2. Write a short note on Forest Conservation Act, 1980 (Mar-08)
Introduction:
The word forest is derived from the Latin word FORTS that means "outside". This has
reference to village boundaries or fence. It includes all uncultivated and uninhibited land. Forest
is a collection of trees, shrubs, herbs, grass and wild life living in it.
Forests are occupying a pivotal role economically as well as ecologically. They have
abundant natural economic resources like wood, fuel, medicines etc. They will maintain balance
in oxygen cycles, monsoons and prevent soil erosion and prevents floods and it protects and
preserves our environment. In ancient days people were well aware of the evil effects of
deforestation and customs, religion protected forest in the name of sacred groves. Vedas and
Smrutis stress on protection of flora and fauna.
Now, due to various reasons likely mining, construction of dams, timber supply etc.
forests are extinguishing. Supply of large quantities of teak to British Admiralty fleet at the end
of 18th century, was the beginning for history of deforestation in India. Subsequently the
construction of railways, in the middle of 19th century, imposed heavy burden on the Indian
forests for supply of wood. To regulate the supply of wood, a separate forest department was
established in 1858. In 1864 the first Inspector General of Forest was appointed. To prevent the
indiscriminate activities of human being against forests, various enactment's were made in
1865, 1878 and in 1927 in India, during pre independence era. The landmark legislation among
them is the Indian Forest Act, 1927.
THE INDIAN FOREST ACT, 1927:

It is a comprehensive legislation and consolidated the preexisting laws. This Act gives
authority to state governments over forests.
KINDS OF FOREST:
This Act devised forests into two kinds (1) Public Forest (2) Private Forest. Public forests
are owned and controlled by government where private forests are property of private
individuals. But this Act authorizes the government to regulate timber cutting cultivation,
grazing and burning or cleaning of vegetation on private forestland. And also the Act authorizes
the government to acquire private forest land for public purposes under the Land Acquisition
Act, 1894.

Public Forests are divided into 3 kinds. They are (1) reserve forests (2) protected forest
and (3) village forests. –
1) Reserve Forest (Sec. 26) –
It is certain area of forest which is declared by states as "reserve forest" for the
protection of flora and fauna of that area. In reserved forest few or all rights of individuals are
reserved. So individuals, including forest dwellers have no right to use the forest produce or
land in this area except rights permitted by the government. Felling trees, pasturing of cattle,
stone, quarrying, burning coal, collect or removal of forest produce from reserved forest are
prohibited but can be permitted with the permission or contracts of state governments.
2) Protected Forests (Sec. 29) –
Protected forests are forests, which are protected from specified or acknowledged
activities only. State government has prohibited certain activities in protected forests.
Individuals are at liberty for other than these prohibited activities.
3) Village Forests (Sec. 28) –
Forests, which are assigned to the village communities, are known as village forests;
comparatively government control is less in village forest. The object of village forest is to
protect the rights of the village communities in forestland against trespass. The right to collect
timber and forest produce in village forests is regulated by the state government through rules.
The main reason for this classification is that the reserved forests are in abundance of
valuable trees but in protected and village forests timer yielding trees are very less. Thus,
absolute control is imposed in using reserved forests.
The object of the Act seems to regulate the forest income rather than to prevent the
deforestation and to protect environment. The Act being the product of the British colonial
government it reflects the exploitative intentions of colonial authorities.
FOREST POLICIES –
After independence, in the first five years plan the government of India declared the
forest policy, 1952. The object of the policy is to improve the forestation and to prevent
environmental pollution. This policy aimed to raise the forest is to 33 percent of the country’s
total area, as it is prescribed by scientists to achieve environmental equilibrium.
However, the policy is ineffective in achieving its objects and it is totally failed. Thus, the
government of India declared a New Forest Policy in 1988.
In 1988 policy the importance of forest was recognized from the point of view of
environment. Accordingly the following main objects are adopted in this polity.

1. The policy recognized the role of people, particularly tribal in the management, protection
and development of forests.
2. Forest based industries like paper industries are discouraged to prevent deforestation.
3. Private contractor’s intervention was stopped.
4. The policy targeted to refill the depleted forest area.
5. Forest area should not be converted for non-forest purpose.
However, these declared objectives are still a dream to be realized by enacting

legislation.
THE FOREST (CONSERVATION) ACT, 1980

Conservation of forests is the main object of the Act. Regarding the following matters
state government can make orders only with the 'prior approval' of the Central Government
(Sec. 2)
(1) De-reservation of forest

(2) Use any forestland for non-forest purpose
(3) Leasing any forestland to private agency.
(4) To cut naturally grown trees in forest land for reforestation of the land.
The expression 'non forest purpose' is explained in the section 2 itself, as clearing of any
forest land for cultivation of commercial crops like tea, coffee, rubber, spice, medical plants etc.
However, reforestation is not a no forest purpose.
Punishment for the violation of the Act is simple imprisonment up to the extent of 15
days (Sec.3A). This punishment is inadequate to enforce the Act effectively. Thu, deterrent
nature of punishment is suggested.
The appreciable change in this Act is the earlier revenue oriented legal policies of the
government changed towards environmental protection. However, it is criticized that due to
vested interests of various agencies, this forest Act also has failed to give desired result. Thus,
for eliminating such evils, it is suggested that an independent national forestry regulatory
commission with absolute powers must be established.
FOREST MANAGEMENT STRATEGIES

Apart legislative measures, the following strategies can be adopted to achieve desirable
requirement of 33 percent of forest land.
(1) Local bodies like panchayats and municipalities should make it as a policy that one third of
its geographical area is under tree over.
(2) If any forest area is cleared under development activities, the removed trees must be
substituted with the plantation of double the number.

(3) To get planning permission for construction o houses, factories etc. required number of
plants must be planted with in the premises and it should be made mandate.
(4) Substitutes should be found out for wood articles in construction works.
JUDICIAL TRENDS
In the recent times Supreme Court has shown its concern for protection and
conservation of forests. In Ambica quarry works case and in rural litigation case the court
recognized the importance of the forest in maintain ecological balance and directed to stop
mining activities. And also the court upheld that the "prior approval" from the Central
Government is necessary for granting or renewing mining licenses in forest area. Likewise in
various subsequent cases the court has taken affirmative step in protecting forests in the light
of Forest Conservation Act.
CASE LAW – Godavarman Thirumulkpad vs. Union of India (1997(2) S.C. 267)
The petitioner filed a petition through PIL and pleaded that indiscriminate felling of trees in the
forests would cause ecological imbalance. Basing on this petition the Supreme Court issued directions that all
the ongoing activities within any forest without the permission of the Central Government must be stopped
forth with. And also directed that running of sawmills and mining activities within the forests was also
stopped. Felling of trees in the state of Arunachal Pradesh shall be totally banned. Movement of cut trees and
timber from the Northeastern states to any other state shall completely be banned. The court also ordered
ministry of railways shall have to file an affidavit giving full particulars including the extent of wood
consumed by them, the source of supply of wood and the steps taken by them to find alternatives to wood.
CASE LAW – Tarun Bharat Singh vs. Union of India (1992(2) S.C.C. 448)
The petitioner filed a petition through PIL in the Supreme Court alleging that the government of
Rajasthan is permitting the degradation of the environment and threatening the habitat of wildlife by
authorizing mining operations in the reserved forest area. It was also declared as a sanctuary under the Wild
Life (Protection) Act, 1972. In order to protect the environment and wild life the court directed that mining
activities shall not be carried on within the protected area.
CASE LAW – The Supreme Court Monitoring Committee vs. Mussorie - Dehradun Development Authority
(1997(1) S.C.C. 605)
The development authority had given certain permission for the construction of the houses in the
forestland. The petitioner challenged the permission alleging that such constructions were against the forest Act
1980 as it was non-forest purpose. The court issued directions preventing such constructions as it destroy the
forest ecology.
RIGHT OF ADIVASIS OR TRIBALS OVER FORESTS (RIGHT TO LIVELIHOOD)
Adivasis or tribal are a primitive community who lives in forests as their natural habitat.
They have many traditional rights over forests. They earn their livelihood from forests. They

protected forests and forests protected them. There is a symbiotic relationship between the
tribal and forests.
However, the Indian Forest Act, 1927 deprived the traditional and natural rights of these
tribal. Section 26 of the Act prevented them from using reserved forests for felling trees,
hunting, shooting, fishing, pasturing cattle etc. Even the first forest policy of Independent India
(91952 policy) also does not show any sympathy towards them. United Nations Deebar
Commission in 1960 and Hari Singh Commission in 1965 challenged the forest policy and made
recommendations relating to rights of tribal. A committee formed by the ministry of home
affairs recommended for recognition of tribal rights over forest. Finally, the 1988 forest policy
recognized the role of tribal in forest conservation and gave legal recognition to their natural
rights over forests.
The judiciary also has shown its concern for the protection of rights of the tribal and at
the same time protected the forests and also allowed development plans in forest area.
CASE LAW – Banwasi Sewa Ashram vs. State of U.P. (AIR 1987 SC 374)
The Adivasis and other forest dwellers were using forests as their habitat and means of livelihood. The
government had decided to incorporate a super thermal plant the NTPC in that forest area. The land
acquisition proceedings ousted the ADIVASIS from forestland. In this case the court ordered rehabilitation
measures for the evictees and also ordered for provisional compensation to them for crops and land.
In the second Banwasi Seva Ashram case (1992(2) S.C. 204) the court directed the NTPC
to find out alternative plots, render resettlement and subsistence allowance, give free
transportation, reserve jobs and provide facilities of road, water supply, health care and
electricity.
Similarly in PRADEEP KRISHAN Vs. UNION OF INDIA and in ANIMAL AND ENVIRONMENT
LEGALDEFENCE FUND Vs. UNION OF INDIA (1997(3) S.C.C. 549) The Supreme Court protected
traditional rights of tribal over forest and tried to balance the right to livelihood of tribal and the
protection of environment.

0 9. ENVIRONMENT (PROTECTION) ACT, 1986
Q.1. What are the provisions in the Environment (Protection) Act, 1986 regarding prevention,
control & abetment of environmental pollution? (Mar-06)
Introduction:
In order to meet the new challenges and rectify deficiencies in the existing laws the
Environment (Protection) Act, 1986 was enacted under Article 253 of the Constitution. It is a
general legislation governing all kinds of pollution's including Noise pollution. Even the title of
the Act specified the change from the narrow concept of pollution control to the wider aspects
of environmental protection. Speedy response deterrent punishments are the objects of the
Act. The concentration of powers in the hands of the Central Government is main feature of the
Act. Rules regarding management of hazardous substances are also laid down in the Act. It
came into force on 19.11.1986.
GENERAL POWERS AND FUNCTIONS OF THE CENTRAL GOVERNMENT IN RELATION TO

ENVIROMENTAL PROTECTION AND FUNCTIONS (SEC. 3 TO 6) –
Sec. 3(1) empowers the Central Government to take all such measures which it deems
necessary for the purpose of protecting and improving the quality of the Environment and
preventing, controlling and abating environmental pollution. However, the Central Government
can take following measures for the purpose of the protecting environment U/Sec. 3(2).
1. Co-ordination of actions by the State Governments Officers and other authorities under
the Act.
2. Planning and executing of a nationwide program for the prevention, control and
abetment of environmental pollution.
3. Laying down standards for emission or discharge of environmental pollutants from

various sources.
4. It can impose restrictions on areas in which any industries shall not be carried out or shall
be carried out with certain safe guards.
5. It can impose restrictions on certain class of industries operations, processes.
6. It can lay down producers and safe guards for the prevention of accident which may
cause environmental pollution and also remedial measure for such accident.
7. It can lay down procedures and safe guards for the handling of hazardous substance.

8. It can examine manufacturing processes materials and substances which are likely to
cause environmental pollution.
9. It can carry out or sponsor investigation and research relating to problems of

environmental pollution.
10. It can inspect any premises, plant, equipment, machinery, manufacturing or other
process materials or substances. In necessary cases it can give direction by order to such
authority officer to take steps for the prevention, control and reduce environmental
pollution.
11. It can establish or recognize environmental laboratories.
12. It can collect and disseminate information in respect of matters relating to

environmental pollution.
13. It can prepare manuals, codes, and guides relating to the prevention, control and
abatement of pollution.
In order to achieve the objectives laid down in Sec. 3(2) of the Act in M.C. Mehta vs.
Union of India (AIR 1992 SC 382). The S.C. passed an order giving the following directions.
1. All cinema halls shall exhibit slides containing information message on Environment at
free of cost.
2. Spreading of information regarding environment through T.V. and Radio.
3. Environment should be made a compulsory subject in school and colleges.
WHAT ARE THE VARIOUS MEASURES UNDER THE E.P. ACT FOR PREVENTION, CONTROL AND
ABATEMENT OF ENVIRONMENT POLLUTION?
In order to control and prevent pollution the E.P. Act laid down the following measures.
1. Power to Appoint Authority:
U/Sec. 3(3) Central Government is given very wide power to constitute authorities to
exercise powers and perform function laid down in Section 3(2). However this authority must
function under the control and supervision of the Central Government.
CASE LAW – F.B. Taraporawala vs. Bayer India Ltd. (AIR 1987 SCC 1009)
The Supreme Court directed the Central Govt. to constitute an Authority under Sec. 3(3) to examine the
relocation of industrial and residential areas to minimize risk to the people residing in the neighborhood of
industries in the light of Bhopal experience. The Court emphasizes that risk cannot be taken by permitting
chemical industries in the Residential Area.

CASE LAW – VELLOR CITIZENS WELFARE FORUM vs. UNION OF INDIA (1996) 5 SCC 547)
The court held that the main purpose of E.P. Act is to create an Authority under Sec. 3(3) with
adequate powers. Emphasizing the need of an Authority the Court ordered the Central Government to
constitute an Authority under the Act.
2. Power to Issue Directions:
The Central Government can confer power on the Authority to issue directions to close
or regulate any industry. And also to stop or regulate supply of electricity or water or any
service (Sec. 5). P.M. BAKSHI interpreted that the expression 'Any Service' may include activities
like Telephone or Gas Connection. However, this power provides immediate recourse even
without going to the Court.
3. Power to Make Rules (Sec. 6):
Central Govt. can make rules on matters referred in Sec. 3(2).
4. Restrictions on Discharge of Pollutants:
Industries should not discharge any pollutants in excess of prescribed standards (Sec. 7).
5. Safe Guards in dealing with dangerous substances:
Persons handling hazardous substances must follow procedural safe guards (Sec. 8).
6. Information regarding accidental discharge of pollutants:
If the discharge of the pollutants exceeds the standards due to any accident the in charge
of the industry shall intimate to authority. Then such authorities must take necessary measures
to prevent the pollution. The expenses incurred can be recovered from the in charge with
interest (Sec. 9).
7. Right to Entry (Sec. 10):
With the authority of the Central Government any person can enter into any place for
the purpose of examining searching and seizing any equipment, industry record, register or
other material object. N.S. Chandra Shekhar explained that under this Act seizer can be used for
prevention and mitigation of pollution. But under water Act seizure can be only for procuring
evidence so the E.P. Act confers a wider power in this regard.

8. Right to Take Samples (Sec. 11):
The Central Government or any officer authorized by it has power to take samples of air,
water, soil or other substances from any factory or premises for the purpose of analysis. The
result of the analysis is considered as evidence, when the following conditions are fulfilled.
 Notice must be given to the occupier or his agent regarding that But Prof. Rosancraz
pointed out that the notice gives the polluter an opportunity to reduce or crease
discharge of pollutants at the time of taking samples.
 Sample must be collected in the presence of the occupier or his agent.
 Sample must be divided into two parts and placed in two containers and sealed and also
shall be signed by the occupier or his agent and by the officer.
 The sample in one contained must be sent to a laboratory recognized by the
 State Board or the Central Board. The second container shall be sent on the request of
the occupier to a laboratory established by the Central Government or State Government
as the case may be.
However even after serving the notice if they occupier or his agent willfully absent
himself from that place or refused to sign on the container the attending officer by fulfilling the
above formalities shall inform in writing to the Government analyst about the willful absence of
the occupier or his refusal to sign. The cost of analysis of the samples shall be paid by the
occupier. After analysis the laboratory submits report to the State Board in triplicate. One copy
is for the occupier the second copy is for the Board and the third copy is retained by the Board
to produce in the Court as Evidence. (Sec. 27 of Air Act).
CASE LAW – Delhi Bottling Co. Pvt. Ltd. vs. Central Board For the Prevention And Control of Pollution
In this case the bottling company is discharging effluents into the river Yamuna the sample taken by
the Board is not divided into two parts. The sample was analyzed only by the Boards laboratory. But it was
not carried out by the Delhi administrations laboratory as requested by the occupier. The Court held that the
process of taking sample was irregular and not according to the provision of the Act so analysis report has no
legal validity.
9. Establishment of Laboratory (Sec. 12):
The Central Government may by notification in the Gazette establish of recognize one or
more laboratories. Sec. 13 empowers the Central Government to appoint or recognize analyst.
whom it thinks fit with qualification. However, the Supreme Court laid down guidelines in
various cases in order to prevent pollution.
GUIDELINES:
1. The tanneries cannot be continued without treatment plant.

2. Multi storied construction should not allow their effluents and create nuisance.

3. Dead bodies or half cremated bodies should not be thrown into the river.
4. Open land should not be used for discharging filth and provisions should be made for
Public Latrines.
PUNISHMENTS (SEC. 15):
Whoever fails to comply with or contravenes any provisions of this Act shall be
punishable with imprisonment for a term which may be extended for 5 years or with fine which
may be extended to 1 lakh rupees or with both. If the offence is continued even after the
conviction punishment would be fine up to 5 thousands rupees per day. If the failure continues
beyond one year after the conviction the punishment is enhanced to 7 years imprisonment.
Sec. 24(2) provides that where the offence is punishable under this Act and also under
any other Act then the offender shall be punished under other Act and not under this Act. Prof.
P.S. Jawal pointed out that this section reduces the deterrent effect of enhanced punishment
under E.P. Act and the offender is saved with lesser punishment under the other Act. Moreover
this Act prescribes only maximum penalty and minimum penalty is not mentioned 798. So there
is a chance of escaping with lesser penalties, though there is heavy punishments of
imprisonment in this Act no person is imprisoned so for. So it is compared with a barking dog
that never bites or cobra without venom in its fangs.
The Act emphasizes criminal liability rather than civil liability. However Dr. N.K.
Charabarthi suggested that the traditional method of imprisonment is not sufficient for the
violation of environmental laws, so innovative approaches such as compulsory requirement of
compensatory arrangements, ecological restitution, compulsory equity participation in the
share capital of the company by potential victims etc. have to be evolved. In the contemporary
enterprising world these suggestion are appropriate to protect environment as they serve the
double purpose of 'penal-redress'.
RIGHT TO FILE A SUIT (SEC. 19):
The Court can allow the suit under the Act if complaint is made by the following persons.
1. The Central Government.

2. by any officer or authority authorized by the Central Govt.
3. By any person who has given 60 days prior notice to the Central Government or
authority.
If during these 60 days the Government itself files a case or writes back to the individual
refusing to file complaint then the individual has no right to file a suit. Even Boards cannot
enforce the Act independently without delegation of Power from Central Govt. This section
discourages public participation in the Enforcement of the E.P. Act. More over it gives an
opportunity to the polluting company to cover up their commissions or omissions. So UPENDRA
BAXI suggested that the requirement of 60 days notice should be deleted altogether according
to the provisions of the Act the burden of proof is on the complainant individual. But in actual
practice it is not possible to an individual to prove cause of pollution and he has no authority to
collect samples. Shyam Diwan commented that it is an eye wash provision.
CONCLUSION:
Though there are several stringent laws dealing with environment there is no effective
change in the environmental degradation. The main reasons are ineffective enforcement of
these laws, improper functioning of authorities delay in judicial proceeding financials
constraints cultural habits and practices of people etc. There is saying strict laws with ineffective
enforcement worse than ineffective law with strict enforcement. So rather than adopting
volumes of laws it is better to strengthen the implementing authorities by giving adequate
power. Finally I suggest that the best measure for protecting human Environment is the
promotion of environmental ethics in the people.
CASE LAW – BUFFALO TRADESR WELFARE ASSOCIATION vs. MENAKA GANDHI (1996 11
SCC 35)
Idgah slaughter house was located in the thickly populated place in Delhi. More than three thousands
buffaloes, cows, bulls were killed there per day. The wastage materials from the dead bodies were noxious and
causing pollution. The respondents submitted the writ petition praying the court to shift the slaughter House
from there. The Supreme Court ordered to shift the Slaughter House. However, as there is no sufficient place for
relocation the slaughter was continued with the order of the Court until the alternative site would be available.
In the interest of public and to protect the environment the Court allowed to continue the slaughter house at
the same place on the condition that the only Goats, Sheep’s and not large animals such as buffaloes, cows,
bulls not exceeding 2000 animals per day shall be permitted to be slaughtered. And also directed the Municipal
Corporation of Delhi to arrange the necessary staff to clean the slaughter house every day and keep the
environment clean.
CASE LAW–Dr.B.L.Wadehra vs. Union of India (1996) (2) SCC 594
The Municipal Corporation of Delhi failed in disposing the garbage. The city has become an open
dustbin. The air is so much polluted and it has become difficult to breath and people are suffering from
respiratory diseases and throat infections. The petitioners an advocate prayed the court to give direction to the
Municipal Corporation and Municipal Committee to perform their statutory duties in the collection removal
and disposal of garbage.
The Supreme Court directed the Municipal authorities to clean the city every day and to the government
to construct incinerators in all hospitals with 50 beds under their control and also directed the Municipal
authority to issues notices to all private hospitals to make their own arrangements for disposal of Hospital
wastage. The Court ordered the Central pollution Control Board and Delhi pollution committee for regular
inspections and directed Doordarshan to undertake programs of educating the residents regarding their civil
duties.
CASE LAW – Indian Council for Enviro Legal Action vs. Union of India (1996) 3 SCC 212
Huge quantities of toxic sludge and pollution released from certain chemical industries percolated into
the earth and contaminated the underground water flow. There by wells and streams in the nearby village have

turned dirty and rendering water unfit for human consumption. The soil has become polluted rendering it unfit
for cultivation. The villagers are affected with diseases and deaths.
Under these circumstances the petitioners filed a writ petition under Article 32 of the constitution to
take remedial action. The court by declaring the principle of 'polluter pays' made the industries liable. The court
ordered the Central Government to determine the amount required for carrying out the remedial action like
removing sludge lying in surrounding villages. The court directed the Rajasthan pollution Control Board to seal
al factories and units. And also ordered to attach the factories, machineries and other immovable property to
realize the amount required for remedial measures. The ministry of Environment and Forests, Government of
India shall take all necessary actions and remedial measures and to restore the soil, water sources and
environment of the affected area to its former state. The Central Government and pollution Board shall file
quarterly reports before Court regarding implementation of the above said directions.

10 . THE WILDLIFE (PROTECTION) ACT, 1972
Q.1. Explain the provisions regarding sanctuaries, national parks and closed are under
Wildlife (Protection) Act, 1972?
Introduction:
From ancient period the hunting of animals, birds etc. were carried out. In ancient period
hunting was done for only enjoyment purpose. But later human being knows the economical
value of the organs of wild animals and he continuously killed the wild animals. The wild
animals mostly tiger, elephant, deer, rhinoceros, etc. are killed for their valuable skin, flesh,
teeth's, bones, horns etc. The market price of tiger’s body parts is more than 25 lacks. So the
hunter mostly hunts the tiger and other wild animals for their persons gain. Due to that the wild
animals like these are vanishing very fast from forest. Thus the environmental cycle get
disturbed and it affects on forest, wildlife as well as on environment. To protect the wildlife and
environment the wildlife (Protection) Act, 1972 is enacted.
Object of this Act:
The Indian parliament passes a comprehensive national law in 1972 i.e. The Wildlife
(Protection) Act, 1972. The main aim of this Act is to protect wildlife, birds, and protect,
preserve the ecological and environmental security of the nation. Under the aim it is not only to
prohibit the hunting but also to create protected areas and control trade of wild life products. It
also protects habitats of wild animals and for protection national parks and sanctuaries have
been established.
For better implementation of the object of this Act in 2002 the amendment has been
takes place in this Act and a new chapter has been incorporated to deal with the forfeiture of
property derived from illegal hunting and trade.
Provisions for Sanctuaries (Sec. 18 to 34)
a. Declaration of Sanctuary (Sec. 18):
The state government may by notification in official gazette declare any area as a
sanctuary if it considers that such area is of adequate ecological, faunal, floral,
geomorphological, natural or zoological significance for the purpose of protecting, propagating
or developing wildlife or its environment.

b. Role of Collector:
i. When notification has been issued the collector shall make inquiry about any rights of
the persons within the limits of sanctuary (Sec. 19).
ii. After notification no rights shall be acquired in, on or over land mentioned in notification
except succession testamentary or intestate (Sec. 20).
iii. After issuing notification collector shall publish proclamation in which he describe the
limits i.e. the boundaries of sanctuary and also give time to people who have any right on
such land by anyway to claim within two months from the date of such proclamation
(Sec. 21).
iv. If any claim arises, the collector should make inquiry about the any rights claimed in the
case and ascertain the same from records of state government (Sec. 22).
v. For the purpose of inquiry the collector has a power to enter in or upon any land to
survey, demarked and makes a map of the same or to authorize any other officer to do
so. The collector has the powers as of civil courts for the trials of suits (Sec. 23).
vi. If the collector admits the claim then he excluded such land from the limits of sanctuaries
but if rejects the claims whole of in part then he proceeds to acquire such land under the
section 25 of this Act (Sec. 24).
vii. The acquisition proceeding shall be the same as under the Land Acquisition Act, 1894
(Sec. 25).
viii. The state Government may by general or special order delegate the collectors power to
such other officer as may be specified in order (Sec. 26).
ix. After notification and period for claiming has elapsed and all claims in relation to
sanctuary have been disposed of by state Government. The state Government shall issue
a notification specifying the limits of that area of sanctuary and declare that the said are
shall be a sanctuary on and from such date as may be specified in the notification (Sec.
26-A).
c. Restriction on Entry in Sanctuary (Sec. 27):
Only public servants on duty, persons permitted to reside within the limits of sanctuary,
person having a right in immovable property within the limits of sanctuary, a person passing
through the sanctuary along a public highway or the dependents of the person referred to
above clause can enter or reside in the sanctuary.
d. Obligation on persons residing in sanctuary:
The person residing in sanctuary has the following obligation.

- Prevent the commission of an offence within sanctuary under this Act.
- Helps in discovering and arresting the offenders who commits the crime.
- To report the death of any wild animals and to safeguard its remains until the authorized
officer takes charge of it.
- To prevent the fire by lawful means.
- To assist the forest officer for preventing the commission of any offence against this Act.
e. Grant of Permit (Sec. 28):
The chief wild life warden may on application grant to any person a permit to enter or
reside in a sanctuary for investigation or study of wild life, for photography, for scientific
research, tourism, transaction of lawful business with any person residing in sanctuary.
f. Destruction etc. in a sanctuary prohibited without permit (Sec. 29)
No person shall destroy exploit or remove any wildlife from a sanctuary or destroy or
damage the habitat of any wild animal or deprive any wild animals of its habitat with in such
sanctuary except permission granted by the Chie wild life warden. And such permission is given
only if there is necessity for the improvement and better management of wild life.
g. Other Prohibitions:
 U/Sec. 30 no person shall set fire to a sanctuary or leave any fire burning in a sanctuary in
such a manner as to endanger such sanctuary.
 U/Sec. 31 no person shall enter a sanctuary with any weapon except previous permission
in writing.
 U/Sec. 32 no person shall use chemicals, explosives or any other substances which may
cause injury or endanger any wild life in a sanctuary.
 U/Sec. 33-A no person shall take or cause to be taken or grazed any live stock in a
sanctuary without getting it immunized.
h. Control of Sanctuary (Sec. 33):
The chief wild life warden shall be the authority who shall control, manage and maintain
all sanctuaries under which he may construct roads, bridges buildings fences gates or he shall
take such steps for ensuring security and preservation of sanctuary and wild life therein or he
take such measures for improvement of habitat of wild life.
i. Registration of persons in possession of arms (Sec. 34):
When any area declared as a sanctuary then every person residing in or within 10 km of
such sanctuary and holding a license granted under the Arms Act 1959 to possess arms shall
apply within 3 months of declaration of sanctuary for registration.

Provisions Regarding National Parks:
When it appears to the state Government that an area within a sanctuary or not is
consist of ecological, faunal, floral geomorphological or zoological association or importance
needed to be constituted as a National Park for better protection, propagation, or development
of a wild life and its environment then the concern state government may by notification in
official gazette declare such area as National Park.
While declaring any area as a National Park the procedure adopted is same as like to
declaration of sanctuaries.
a. Boundaries of National Parks : -
The state government declares the boundaries in notification and no alternation of such
boundaries of national park is allowed except on resolution passed by the legislature of
state.
b. Without any necessity for improvement and better management of wild life and also
without any prior permission of chief wildlife warden no person shall destroy, exploit, or
remove any wildlife from national park or destroy or damage the habitat of any wild animal.
c. Grazing and entry of any live stock shall not be allowed in notional park except such live
stock is used as a vehicle by a person authorized to enter.
d. No person shall set fire or use weapons explosives chemicals which may endanger the life of
wild animals.
Provisions for Game Reserves (Sec. 36):
The state government may be notification in official gazette declares any are to be game
reserves and no hunting is allowed in such area without license issued by the chief wild life
warden or authorized officer.
But this Section 36 is now omitted by Act 44 of 1991.
Provision for closed area (Sec. 37):
The stage government may notification in official gazette declare any area closed to
hunting for such period as may be specified in the notification and no hunting of any wild
animals shall be permitted in a closed area during such period.
Power of Central Government to declare Sanctuaries or national parks (Sec.

38):
The Central Government has power to declare the area which is in its possession as a
sanctuary or national park if it satisfied that all conditions are fulfilled.

When Central Government declares any area as a sanctuary or national park then all
powers and duties of the chief wild life warden shall be exercised by the Director or other
officer as may be authorized by Director and all the references under this Act to the State
Government shall be supposed as to the central Government.
Penalties (Sec. 51):
Any person who contravene any provisions of this Act or any rule of order made there
under or who commits a breach of any of the conditions of any license or permit granted under
this Act shall be guilty of an offence against this Act and be punished with imprisonment for a
term which may extend to 3 years and fine which may extend to 25,000/- or with both.
CASE LAW – Pradeep Krishna vs. Union of India (AIR 1996 SC 599)
In this case SC declared that the state and the citizens U/Art. 48-A and 51-A (g) respectively are
obliged to protect and improve the natural environment and to safeguard the forest and wildlife of country.
Therefore for acquiring national park and sanctuary the state government has to follow the procedure as
provided in Wildlife Protection Act, 1972. The state has to make notification of final acquisition of land before
prohibition of entry of villagers in national park and also to institute an inquiry for those who claim a right in
or over any land proposed to be included in national park and sanctuary till such procedure is completed the
state government cannot bar the entry of villagers or tribal's into the proposed area.
Conclusion:
The Wild Life Protection Act, 1972 is such step which can save our planet from pollution
also. Under this Act we can also save the origins of wild animals, plants, birds etc. due to
interference and illegal hunting some animals are on the way of vanish/darkness. So due to
formation of protected areas national parks sanctuaries we can save the wild life and their
habitat along with environment.

11. PROVISIONS REGARDING TRADE OR COMMERCE IN
WILD ANIMALS, ANIMALS ARTICLES & TROPHIES
Q.1. Discuss the provisions regarding Trade or Commerce in wild animals, animal's articles and
trophies?
Introduction:
From ancient period the hunting of animals, birds etc. were carried out. In ancient period
hunting was done for only enjoyment purpose. But later human being knows the economical
value of the organs of wild animals and he continuously killed the wild animals. The wild
animals mostly tiger, elephant, deer, rhinoceros, etc. are killed for their valuable skin, flesh,
teeth's, bones, horns etc. The market price of tiger’s body parts is more than 25 lacks. So the
hunter mostly hunts the tiger and other wild animals for their persons gain. Due to that the wild
animals like these are vanishing very fast from forest. Thus the environmental cycle get
disturbed and it affects on forest, wildlife as well as on environment. To protect the wildlife and
environment the wildlife (Protection) Act, 1972 is enacted.
Object of this Act:
The Indian parliament passes a comprehensive national law in 1972 i.e. The Wildlife
(Protection) Act, 1972. The main aim of this Act is to protect wildlife, birds, and protect,
preserve the ecological and environmental security of the nation. Under the aim it is not only to
prohibit the hunting but also to create protected areas and control trade of wild life products. It
also protects habitats of wild animals and for protection national parks and sanctuaries have
been established.
Meaning of Some Terms:
a. Animals:
Animals include amphibians, birds, mammals and reptiles and their young and also
include in the case of birds and reptiles their eggs.
b. Wild Animals:
Wild animal's means any animal found wild in nature and includes any animals specified
in Sch. I to V.
c. Animal Articles:
Means an article made from any captive animal or wild animal other than vermin and
includes an article or object in which the whole or any part of such animal has been used.
d. Meat:
It includes blood, bones, sinew, eggs, fat, and flesh whether raw or cooked or any other
wild animal other than vermin.
e. Trophy:
Trophy means the whole or any part of any captive animal or a wild animal other than
vermin which has been kept of preserved by artificial or natural means and includes rugs, skins
and specimens of such animals mounted in whole or in part through process of taxidermy and
antler, horn, hairs, feather, nail, tooth, musk, eggs and flesh.
Wild animals etc. are Government Property (Sec. 39):
Every wild animal other than vermin hunted in sanctuaries or national park and every
animal, animal articles, trophy or uncured trophy or meat derived from such animals or
vehicles, weapons, trap, vessel or tool that has been used for committing an offence and has
been seized under the provision of this Act shall be the property of state Government.
If such hunting is done in sanctuary or national park declared by central government

then it shall be property of central government.
No person shall keep in possession such government property without license. If anyone
obtains such government property shall within 48 hours from obtaining of such property makes
a report to nearest police station and hand over it to them.
Declaration for possession of Government Property (Sec. 40):
If any person has such government property at the commencement of this Act then he
shall within 30 days from commencement of this Act declare to the chief wild life warden the
number and description of animals or articles.
U/Sec. 41 on receipt of such declaration the chief wild life warden makes inquiry by
entering in that premises and prepare inventories or list of animal articles, trophies, skin etc.
and affix a indemnification mark on such listed articles.

Certificate of Ownership (Sec. 42):
When the chief wild life warden satisfied and fulfills all conditions then he issued a ownership
certificate to the person who has a lawful possession of any wild animal or animal article,
trophy etc.
Regulation of Transfer of Animals etc. (Sec. 43):
a. The person having no certificate of ownership shall not sale or offer to sale or transfer
by way of gift or make animal articles or trophy and sale to any other person.
b. The person having certificate of ownership can make transfer or transport of such
animal, article, trophy uncured trophy to other person having certificate or out of state. But he
shall within 30 days of such transfer or transport report such transfer or transport to chief wild
life warden within whose jurisdiction the transfer or transport is affected. And after inquiring a
chief wild life warden shall issue a fresh ownership certificate in the name of person to whom
the transfer has been affected.
Dealing in Trophy and Animal Articles without license prohibited (Sec. 44):
No person shall without license commerce or carry on business as a manufacturer or

dealer of any animal article or as a taxidermist of dealer in trophy or uncured trophy or dealer in
captive animal or dealer in meat or cook or serve meat in any eating house or drive, collect or
prepare or deal in snake venom.
But if any person was carrying a business or occupation before the commencement of
this Act shall have to apply for taking license within 30 days from commencement of this Act. It
means from commencement of this Act within 30 days he have to apply for license and he may
carry his business until the grant or rejection of license is informed in writing to him by chief
wild life warden.
Maintenance of Record (Sec. 47):
A license must keep records and submits such details of his dealings to the director or
any other officer authorized by him or to the chief wild life warden. He shall make such records
available on demand for inspection by such officer.
Purchase of Animal etc. by license (Sec. 48):
a. No licensee shall keep in his control, custody or possession any animal, animal article,
trophy or uncured trophy, meat which has not been lawfully acquired without any certificate.
b. No licensee shall capture any wild animal or acquire, receive, keep in his custody or
possession or sell or offer for sale or transport any captive animal or any animal article, trophy,
uncured trophy or meat there from or serve such meat or put under a process or taxidermy
without any certificate or such rules made under this Act.
Restriction on Transportation (Sec. 48-A):
Without permission of chief wild life warden or any other officer authorized by state
government no person shall accept any wild animals other than vermin or any animal article or
any specified plant or part or derivative thereof for transportation.
Purchase of Captive Animals etc. by a person other than license (Sec. 49):
No person shall purchase, receive or acquire any captive animal, wild animal other than
vermin or any animal article, trophy, uncured trophy or meat derived there from otherwise than
from a dealer or from a person authorized to sell or transfer the same under this Act.
Conclusion:

12. PREVENTION & DETENTION OF OFFENCES UNDER
THE WILD LIFE PROTECTION ACT 1972
Q.1. Provision for prevention and detention of offences under the Wildlife Protection Act
1972
Introduction:
The protection of wild life is included in the directive Principle of State Policy under 42nd
Constitutional Amendment Act, 1976. It is also a Fundamental duty of every citizen to protect
the natural environment including river, lakes and wild life. Wild life forms part of our cultural
heritage due to that we have an obligation to preserve it. In the Wild Life Protection Act, 1972
under Chapter VI the legislative body try to protect the wild life by including the provision of
prevention and detention of offences which occurred against wild life.
Object of Act:
The Indian Parliament passed a comprehensive national law in 1972 i.e. The Wildlife
(Protection) Act, 1972. The main aim of this Act is to protect wildlife, birds, plants and the
matters connected thereto. With view to ensure and protect, preserve the ecological and
environmental security of the nation. Under the aim it is not only to prohibit the hunting but
also to create protected areas and control trade of wild life products. It also protects habitats of
wild animals and for protection national parks and sanctuaries have been established.
Power of entry, search, arrest and detention (S.50):
a. The director or any other officer authorized by him or the chief wild life warden or the
officer authorized by him or a person not below the rank of PSI has power to enter,
search and arrest the person who is guilty under this Act.
b. These officers shall stop vehicle or vessel in order to conduct search or inquiry.
c. They also seize any captive animal, wild animals, articles, trophy, meat or any trap, tool,
vehicle, weapons used for committing crimes.
d. The officers may stop and detain those persons to whom he sees doing any act for which
license or permit is necessary. If such license is not available with him then officer can
arrest that person without warrant.

e. If any person detained or thing seized and he is fails to produce a license then he is guilty
of offence under this Act.
f. Any officer not below the rank of an Assistant Director of wild life preservation or wild
life warden shall have the powers under this Act to issue a search warrant.
- To enforce attendance of witness.
- To compel the discovery and production of documents and material objects.
- To receive and record evidence.
g. Such received and recorded evidence should be admissible in any subsequent trial before
Magistrate.
Penalties (Sec.51):
a. Any person who contravenes the provisions of this Act or any rule or order made there
under or who commit a breach of any of the conditions of any license or permit granted
under this Act shall be the guilty of an offence and on conviction punished with
imprisonment for a term extends to 3 years or fine extends to 25,000/- or with both.
For subsequent offence the imprisonment extends to 6 years and shall not less than 2
years and the amount of fine shall not be less than 10,000/-.
b. When any person is convicted of an offence against this Act, while trying the offence
court ordered than any captive animal, wild animal, articles, trophy in respect of which
the offence has been committed or vehicles, traps, tools, weapons used in commission of
offence be forfeited to the state government any license of permit if granted to such
person be cancelled and such cancellation of license or permit or such forfeiture shall be
in addition to any other punishment that may be awarded.
c. If any person having a license granted under Arms Act, 1959 with which offence against
Act has been committed and he is convicted then the license shall be cancelled for five
years from the date of conviction.
Attempts and Abetment (Sec. 52):
Whoever attempts to contravene or abets the contravention of any of the provision or

rule or order made there under of this Act shall be deemed to have contravened that provision
or rule or order as case may be.
Punishment for wrongful seizure (Sec. 53):

If any authorized person exercising powers under this Act has vexatious and
unnecessarily seized the property of any other person by pretending that he seizes the property
U/Sec. 50 of this Act then on conviction he may be punished with imprisonment extends to six
months and fine extends to 500/- or with both.
Powers to compound the offences (Sec. 54):
a. The central government may by notification empower the Director or wild life
preservation or any other office and state government or any office of rant not inferior
to that of Deputy conservator of forest to accept the payment of a sum of money by way
of composition of the offence from the person against whom a reasonable suspicion
exist.
b. On payment of such money or such value or both to such officer the suspected person
shall be discharged if he is in custody and the property other than government property
if any seized shall be released and there is no further proceeding in respect of offence
shall be taken.
c. When punishment for offences for which punishment is of minimum 3 years

imprisonment then such offence shall not be compoundable.
Cognizance of Offences (Sec. 55):
The court shall take cognizance of any offence against this Act only at that time when the
complaint is made by Director of wild life preservation or any other office authorized by central
government or the chief wild life warden or any other authorized officer by state government or
any person who has given notice of the alleged offence not less than 60 days with his intention
to make a complaint to central government or state government or officer authorized thereof.
Operation of other laws not barred (sec. 56):
If the offence committed by any other person against this Act and that offence is also
punishable in other laws then the offender shall convicted and prosecuted under other law
which imposed the higher punishment or penalty than that provided by this Act.
Presumption to be made in certain cases (S. 57):
When any captive animals, articles, trophy, meat specified plant etc. found in the custody
and possession of any person then he shall presumed as an accused and possessed that
animals, trophy they unlawfully unless a contrary is proved. The burden of proof is lies on the
accused.
Offences by companies (Sec. 58):

Where an offence against this Act has been committed by a company, every person who
at the time of offence was committed was in charge of and was responsible for the conduct of
business of company shall be guilty of the offence and shall be liable to be proceeded against
and punished accordingly.
Forfeiture of property derived from illegal hunting and trade (Sec. 58-A):
The Wild Life (Protection) Amendment Act, 2002 had been incorporated a new chapter in
Act which gives wide powers to forfeit the property derived from illegal hunting and trade.
According to this new chapter if any person, associate of persons or trust acquires
property from illegal hunting or trade of wild life then it shall be forfeited to state government
by competent authority. This property forfeited only after taking all necessary steps like inquiry,
investigation or survey in respect of any person, place, property, document etc. and after
tracing and identifying any such property.
Conclusion:

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01 .

Q.1. Explain various causes and factors of Environment Pollution. (Mar-08)

Environment pollution may be defined as contamination of the environment in such a

Sources/Causes/Factors Environment Pollution:

2) Artificial or Man Made Sources:

Pollution caused by interference of human agency is called artificial pollution. Following

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a) The reduction of forest.

b) Lowering of ground, water level due to excessive withdrawal of ground water.

c) Collapsing of ground surface due to withdraw of mineral oil -

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The expansion of agricultural land is increasing agricultural productivity. It is due to the

g) Modern Productive Technology:

(1) Air Pollution:

(a) Sources of Air Pollution:

The main sources causing air pollution are as follows -

1) The burning of fuels such as oil, fuel, natural gases etc.

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(b) Effect of Air Pollution:

(c) Measure to Control Air Pollution:

(2) Water Pollution:

(a) Sources of Water Pollution:

(b) Effect of Water Pollution:

(c) Preventive Measure:

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(3) Land or Soil Pollution:

(a) Sources of Land Pollution:

(b) Prevention Measure:

(4) Noise Pollution:

Noise is an unwanted or undesired and unpleasant sound. It is of very high intensity it

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(a) Sources / Causes of Noise Pollution:

(b) Effect of Noise Pollution:

(5) Food Pollution:

(6) Radioactive Pollution:

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Q.2. How is Noise Pollution controlled?

Q.3. Write an essay on 'Noise Pollution'. (Mar-07 / Mar-09)

Due to rapid growth of urbanization, industrialization and advancement of science and

Definition of Noise Pollution:

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Sources of Noise Pollution:

Sources of noise may be broadly classified into two classes.

Effect of Noise Pollution:

The non-auditory effects of the noise are as under -

b) Effect on communication – Noise affects verbal communication on which we depend in

d) Disturbance in Sleep – Noise also causes disturbance in sleep.

Control of Noise Pollution / Measure to control Noise Pollution /

Indian Laws on Control of Noise Pollution:

b) Noise insulating and noise-absorbing roads and buildings should be constructed.

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d) Intervals between blasting of rocks and explosion should be 17 milliseconds or more.

g) Public awareness is a must for the betterment of environment.

h) Railway tracks and highways should be away from residential areas.

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2) Control of Noise Pollution under Indian Penal Code, 1860:

CASE LAW – Ivour Hyden V/s. State, 1984 Cr.L.J. 16

3) Noise Pollution control under the code of criminal procedure:

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b) The Police Act, 1861:

c) The Workmen's Compensation Act, 1923:

d) The Factories Act, 1948:

e) The Air (Prevention and Control) Act, 1981: