Environmental Law Project

CHANAKYA NATIONAL LAW
UNIVERSITY
DEVELOPMENT AND ENVIRONMENTAL ISSUES
Environmental Law
TABLE OF CONTENTS
ACKNOWLEDGEMENT .............................................................................................................................................. I
RESEARCH METHODOLOGY ................................................................................................................................. II
CHAPTER 1 INTRODUCTION ............................................................................................................................. - 1 -
1.1 ENVIRONMENT ................................................................................................................................................... - 1 -
1.2 DEVELOPMENT ................................................................................................................................................... - 1 -
1.3 THE RELATIONSHIP BETWEEN DEVELOPMENT AND THE ENVIRONMENTAL CONDITION .................................... - 2 -
The impact of development on environment ....................................................................................................... - 2 -
The impact of Environment on Development: .................................................................................................... - 3 -
CHAPTER 2 DEVELOPMENT AND ENVIRONMENTAL CONCERNS ....................................................... - 4 -
2.1 ENVIRONMENTAL PROTECTION IN ANCIENT INDIA ........................................................................................... - 4 -
2.2 ENVIRONMENT AS THE FOUNDATION FOR DEVELOPMENT ................................................................................. - 5 -
2.3 ENVIRONMENTAL CONCEWRNS AS A GLOBAL ISSUE: ....................................................................................... - 5 -
2.4 ENVIRONMENTAL ISSUES CONCERNING INDIA: .................................................................................................. - 6 -
Population growth and environmental quality ......................................................................................... - 6 -
Water Pollution ........................................................................................................................................ - 6 -
Air pollution ............................................................................................................................................. - 7 -
Solid waste pollution ................................................................................................................................ - 7 -
Noise pollution ......................................................................................................................................... - 7 -
Land or Soil pollution............................................................................................................................... - 7 -
Greenhouse gas emissions........................................................................................................................ - 8 -
CHAPTER 3: OVERVIEW OF ENVIRONMENTAL LEGISLATIONS AND IN INDIA ............................... - 9 -
3.1 EVOLUTION OF ENVIRONMENTAL LEGISLATION IN INDIA ................................................................................. - 9 -
3.2 MAJOR ACTS .................................................................................................................................................... - 10 -
The National Green Tribunal Act, 2010........................................................................................................... - 10 -
The Air (Prevention and Control of Pollution) Act, 1981 ................................................................................ - 11 -
The Water (Prevention and Control of Pollution) Act, 1974 ........................................................................... - 11 -
The Environment Protection Act, 1986 ............................................................................................................ - 11 -
Hazardous Wastes Management Regulations .................................................................................................. - 12 -
CHAPTER 4: SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL IMPACT ASSESSMENT . - 14 -
4.1 DEFINITION ....................................................................................................................................................... - 14 -
4.2 BRIEF HISTORY................................................................................................................................................. - 14 -
4.3 BASIC OBJECTIVES OF SUSTAINABLE DEVELOPMENT ...................................................................................... - 14 -
4.4 SALIENT PRINCIPLES OF SUSTAINABLE DEVELOPMENT .................................................................................. - 15 -
1. Inter-Generational Equity ........................................................................................................................... - 15 -
2. Use and Conservation of Natural Resources .............................................................................................. - 15 -
3. Environmental Protection ........................................................................................................................... - 15 -
4. Precautionary Principle .............................................................................................................................. - 15 -
5. “Polluter Pays” Principle ........................................................................................................................... - 16 -
6. Principle of Liability to help and Co-operate ............................................................................................. - 16 -
7. Poverty Eradication .................................................................................................................................... - 16 -
4.5 STATUS OF SUSTAINABLE DEVELOPMENT IN INDIA......................................................................................... - 16 -
CHAPTER 5 ENVIRONMENT IMPACT ASSESSMENT ................................................................................. - 18 -
5.1 INTRODUCTION ................................................................................................................................................. - 18 -
5.2 THE EIA PROCESS IN INDIA .............................................................................................................................. - 18 -
5.3 STEPS IN THE EIA PROCEDURES: ...................................................................................................................... - 19 -
A. SCREENING ................................................................................................................................................ - 19 -
B. PRELIMINARY ASSESSMENT: .................................................................................................................. - 19 -
C. FORMATION OF AN EIA TEAM: .............................................................................................................. - 20 -
D. SCOPING: ................................................................................................................................................... - 20 -
E. MAIN EIA: ................................................................................................................................................... - 20 -
F. IDENTIFICATION: ..................................................................................................................................... - 20 -
G. PREDICTION: ............................................................................................................................................ - 21 -
H. EVALUATION:............................................................................................................................................ - 21 -
I. MITIGATION: .............................................................................................................................................. - 21 -
J. DOCUMENTATION: ................................................................................................................................... - 22 -
H. Public Hearing: ........................................................................................................................................... - 22 -
CHAPTER 6: CASE STUDY................................................................................................................................. - 24 -
ENVIRONMENTAL IMPACT ASSESSMENT FOR HIGHWAY PROJECTS ...................................................................... - 24 -
Introduction ...................................................................................................................................................... - 24 -
Anticipated impacts due to Highway Construction Project ............................................................................. - 24 -
Encroachment on precious ecology: ............................................................................................................................. - 24 -
Adverse impact on historical/cultural monuments: ....................................................................................................... - 24 -
Impairment of fisheries/ aquatic ecology and other beneficial water uses:................................................................... - 24 -
Water quality: ............................................................................................................................................................... - 25 -
Water quality impacts due to construction sites:........................................................................................................... - 25 -
Erosion and Siltation:.................................................................................................................................................... - 25 -
Environmental aesthetics: ............................................................................................................................................. - 25 -
Noise and Vibration: ..................................................................................................................................................... - 25 -
Air pollution hazards: ................................................................................................................................................... - 25 -
Highway run-off pollution: ........................................................................................................................................... - 26 -
Affect on Natural resources: ......................................................................................................................................... - 26 -
Land Acquisition: ......................................................................................................................................................... - 26 -
Remedies for mitigating damages .................................................................................................................... - 26 -
CONCLUSION ........................................................................................................................................................ - 28 -
BIBLIOGRAPHY .................................................................................................................................................... - 29 -
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ACKNOWLEDGEMENT
Any project completed or done in isolation is unthinkable. This project, although prepared by me, is a
culmination of efforts of a lot of people. Firstly, I would like to thank our Professor for Environmental Law,
Mr. Hrishikesh Manu, for his valuable suggestions towards the making of this project.
Further to that, I would also like to express my gratitude towards our seniors who were a lot of help for the
completion of this project. The contributions made by my classmates and friends are, definitely, worth
mentioning.
I would like to express my gratitude towards the library staff for their help as well. I would also like to thank
the persons interviewed by me without whose support this project would not have been completed.
Last, but far from the least, I would express my gratitude towards the Almighty for obvious reasons.
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RESEARCH METHODOLOGY
 Statement of problem:
In this era of globalization, prospects of economic growth and development are very high. While
development aims to bring about positive change, it can also lead to conflicts. Thus, the contribution of
environment towards the development of a country should be understood and strategies have to be
developed so that further development is not at the cost of the environment.
 Aims & Objectives:

The aim of this project is to give an analytical review of the effects of developmental projects on the
environment with the help of court judgments and case studies.
 Research Questions:
I. How does development affect the environment?
II. How can the impact of development projects on environment be assessed?
III. What is Sustainable Development and how can it mitigate environmental issues?
 Method of Research
The researcher has adopted a purely doctrinal method of research. The researcher has made extensive use of
the library at the Chanakya National Law University and also the internet sources.
 Sources of Data:
The following secondary sources of data have been used in the project-
1. Cases
2. Books
3. Websites
 Method of Writing:
The method of writing followed in the course of this research paper is primarily descriptive.
 Mode of Citation
The researcher has followed a uniform mode of citation throughout the course of this research paper.
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CHAPTER 1
INTRODUCTION
In the past two decades, by instituting an open trade policy and improving its financial market development,
India has been able to achieve phenomenal economic growth. The country's GDP growth rate in the past 15
years has averaged 7 percent and, in some years, exceeded 9%.1 Even during the global financial crisis of
2008 to 2011, India's economy averaged growth rates of 7 percent.2
The rapid economic growth experienced by India over the past decade and a half has come with some
unwelcome consequences. The rapid industrialization and economic growth has resulted in unhealthy air and
water pollution affecting infant mortality rates and life expectancy rates. India's efforts to regulate air and
water pollution have resulted in only marginal improvements in infant mortality rates in the country. The
ineffectiveness of the regulations could be traced to poor institutional settings and lack of enforcement of the
regulations.3 The tension between economic development and the imperative to curb greenhouse gas
emissions remains the central challenge for India and the rest of the world. India's major challenges are
directly attributable to its extremely high population density, especially the rise in urban centers. 4
Urban India is growing rapidly in terms of population size. The increase in number of large cities with a
million plus population is adding to the environmental problems faced by the country. In addition,
traditional agricultural practices contribute conjointly to the decimation of the subcontinent's environmental
system.
1.1 Environment
Environment is a system which provides natural surroundings for the existence of organisms (including
humans) and which is a prerequisite for their further evolution. Abiotic components of environment
(atmosphere, water, minerals, energy etc.) and biotic components of environment (organisms – from the
simplest to the most complex) are its main elements. To summarize, it is all which surrounds us. It is
noteworthy that this is essentially an anthropocentric (non-biological) definition perceiving environment as
one in which a man can live.
Ecological Approach: Environment is a set of all factors with which a living subject interacts, and of all
surroundings which encompass it. Thus, it is everything that a subject influence, directly or indirectly. A
subject can be an organism, a population, a human or whole human society. Usually, the notion of living
environment is conceived in the sense of human environment.
Biological Approach: 'environment' denotes the surroundings of an organism or a species, eventually the
ecosystem in which an organism or a species lives. At the same time, it is a physical environment and other
organisms with which the organism or the species enters into contact (interacts). The notion of biome is very
similar to a living environment.
1.2 Development
1 World Bank Statistics, 2015

2 World Bank Statistics, 2015
3 http://brundtlandcommisionreportibid07
4 Agrawal, Pradeep, "The role of exports in India's economic growth," International Trade & Economic Development, 24, no. 6: 835-859.
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The opinions on what development is to actually mean have passed great evolution in the last half of century
and there is no consensus on how to define this notion at present. The causes of this differentiation can be
found in the historical contexts of the approaches to development. Economic growth was regarded as central
to the development endeavours up to the 1980's. Gradually, development came to be interpreted as
multidimensional concept which should encompass material, social, environmental, political and cultural
components (with all of them having a direct impact on the quality of human life). This way it was
recognised that there is no single model of development appropriate and desirable for all countries. At the
same time emerged the idea of “sustainable development”, emphasising the questions related to
demographic processes, considerate use of natural resources and mutual influences between a human and his
living environment.5
1.3 The relationship between development and the environmental condition

This interaction can be characterised as one of interdependence. Just as development is impossible without a
good condition of living environment, so quality environment cannot be maintained in inhabited or
intensively exploited areas without their sustainable development.
The impact of development on environment

This impact is determined specifically by the following two factors:
a) Approach to development
If we regard development narrowly only as economic growth, the quality of environment in general is not
quite so important as abundance, quality and accessibility of natural resources of raw materials and energy
central for the economy. If we understand development more broadly, for example in the sense of
sustainable development, the quality of environment and its sustainable condition will become one of key
priorities. In that case, the long-term preservation of environment's inhabitability or eventually the
betterment of its condition (in case of its past devastation) will be at the centre of attention.
b) The impacts of implementing developmental programs on Environment6
The implementation of development programmes or projects can have negative or positive impacts on living
environment.
Negative impacts-
Programmes: construction of transport infrastructure, great water dams, cities; mining of natural resources of
raw materials and energy etc.
Effects: fragmentation of natural habitats; loss of fertile soil; deforestation and soil degradation; pollution of
environment; local climate change etc.
Positive impacts-
Programmes: construction of smaller water dams; application of environment-friendly technologies etc.
Effects: increase in biodiversity; enrichment of landscape by cultural features; sustainable exploitation of
environment for present as well as future generations.
5 Ram Kumar, (2014), Comments on the Indian environmental issues."

6 "Environmental Overview: Global Environmental Concepts", Sweden Review, 2010. Country Watch
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The impact of Environment on Development:

Environment is one of the important decisive factors exerting influence on development's possibilities. It is
empirically known that diversified strategies of development must be applied in urbanised, industrial and
rural areas. Different methods of development must be chosen in coastal and landlocked areas, different
ones are valid in mountains and in lowlands. The type of ecosystem and climate of the area where we want
to implement a development programme also play an important role.7
Among the most decisive factors rank- Climate zone (tropical, subtropical, temperate zone); Basic physical-
geographic factors (e.g. elevation above sea-level, rainfall, temperatures), The living environment quality
(e.g. the degree of pollution, population density, expanse of deforested areas, the level of soil degradation
and desertification), The quality and fertility of soil, the quality and quanta of natural resources of raw
materials and energy, Accessibility of sustainable drinking water resources, and the like.8
7 Ranganath, N. K., (2015), "Green the bottom line," Business Today, 23, no. 26; 116-120
8 Basiago, A. D. 1995. Methods of defining ‘sustainability’. Sustainable Development, 33 , 109-119
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CHAPTER 2
Development and Environmental Concerns
“There is enough for every one’s need, but not for every one’s greed” - - Mahatma Gandhi.
The ‘environment’ is where we live; and development is what we all do in attempting to improve our lot
within that abode. The two are inseparable. Environmental crises not only involve social, political &
economic aspects but also pose a philosophical problem. It is 20 years since the report of the World
Commission on Environment and Development (WCED), emphasized the need for a sustainable way of life
which not only addresses current environmental challenges but also ensures a secure society well into the
future.
Human activities motivated by the attitude of rampant consumerism and unsustainable patterns of
production and consumption have never been so inhumane and callous towards environment as in the
modern era of scientific and technological innovations. Man’s greed attacks nature environment and ecology
and wounded nature backlashes on the human future. Environment has clearly emerged as one of the big
issues, perhaps the biggest contemporary issue we face.9 An unprecedented rise in human population has
overburdened ecological and social systems. The foundations of global security are threatened. The most
vital task is to build an environmental ethics that constructs an adequate theory of intrinsic values of nature.
The global concern for environment has been aptly echoed in the preambular assertion made at the Earth
Summit in the year 1992.
We are in the midst of the sixth era of extinction. This problem can be solved only by proper guidance,
awareness, education, transfer of advance technology, research, conservation and sustainable use of
biological diversity. In order to highlight the importance of biodiversity, 2010 has been selected as the
International Year of Biodiversity in an attempt to educate people on biodiversity and how biodiversity
supports everyday life.10
Environmental protection was perceived by many as an obstacle to development. However, Our Common
Future recognized “environment or development” as a false dichotomy. Focus shifted to “environment and
development,” and then to “environment for development.” Principle 1 of Agenda 21 states: “Human beings
are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life
in harmony with nature.”
2.1 Environmental Protection in Ancient India

A good environmental sense has been one of the fundamental features of India’s ancient philosophy. The
civilisation of India has grown up in close association with the nature. There has always been a
compassionate concern for every form of life in the Indian mind. This concern is projected through the
doctrine of Dharma. The Hindu rishis of vedic era perceived the value of maintaining a harmonious
relationship between the needs of man and spectacular diversity of the Universe. To them, nature was not
only the mother that sustained their life; it was the abode of divinity. The people were ordained in the
ancient Indian culture not to harm any entity of Nature so as not to disturb the ecological balance. They were
taught to maintain harmony in Nature. The cosmic vision of earth is based on the concept of ‘vasudev
Kutumbakam’. The way forward will require a turn towards restoration and renewal. An analogous
9 Daly, H. E. ed 1973 . Towards a Steady State Economy. San Francisco: Freeman

10 Hicks, J. R. 1946 . Value and Capital 2nd ed. . Oxford: Clarendon Press.
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interpretation of holistic perception is given in the traditional system of Advaita Vedanta in India, as acme of
spiritual realisation in which the entire physical world appears identical with oneself and Brahman.The
people were ordained in the ancient Indian culture not to harm any entity of nature so as not to disturb the
ecological balance.
However, during the last few decades global circumstances have forced our country into a situation where it
is becoming increasingly difficult to practice a life style that does not push this planet towards doom. During
the last ten years, there has been a gratifying resurgence of this good environmental sense in this country. It
is imperative that environmental consciousness becomes a pre-occupation with our people as no amount of
government intervention can reverse ecological collapse.11
2.2 Environment as the foundation for development

Development is the process of furthering people’s well-being. Good development entails:
 Increasing the asset base and its productivity;
 Empowering poor people and marginalized communities;
 Reducing and managing risks; and
 Taking a long-term perspective with regard to intra- and intergenerational equity.
The environment is central to all four of these requirements. Long-term development can only be achieved
through sustainable management of various assets: financial, material, human, social and natural. Natural
assets, including water, soils, plants and animals, underpin the livelihoods of all people. At the national
level, natural assets account for 26 per cent of the wealth of low-income countries. Sectors such as
agriculture, fishery, forestry, tourism and minerals provide important economic and social benefits to
people. The challenge lies in the proper management of these resources. Sustainable development provides a
framework for managing human and economic development, while ensuring a proper and optimal
functioning over time of the natural environment.
While a healthy environment can support development, the relationship is not always reciprocal. Many
alternative views exist on the benefits and disadvantages of modern development. It has been argued that
development is destructive, even violent, to nature. As GEO-4 illustrates, past development practices have
often not been beneficial to the environment. However, opportunities exist to make development sustainable.
2.3 Environmental concerns as a Global Issue:

India is not the only country facing environmental issues. Definitely air and water pollution and climate
change are more global issues that require a concerted effort by all nations to solve. A report by the
Intergovernmental Panel on Climate Change (IPCC) in "Climate Change Science Compendium 2009",
suggests that the world will be experiencing more of ocean acidification, ice-sheet melting, sea-level rise,
and so-called tipping points in climate effects much sooner than ever thought off.
Although environmental issues are global in nature, each country is in control of its own environment with
jurisdiction over its territory and, hence, should be controlling, monitoring, and enacting regulations in
safeguarding its environment. This is true for India too. The Copenhagen Accord makes it clear that it is up
to individual countries to devise and enforce the regulations necessary to achieve their national
commitments to combat global warming by reducing greenhouse gas emissions.
11 The Hindu Survey of the environment,2005,pg 91-97

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Because of the country specific role of controlling and monitoring the environment, it is difficult to enforce
environmental standards on countries from a global perspective, each country should be willing to consider
environmental issues as a probable contributor to the overall global degradation of the environment and
participate in controlling it through its laws and participation by its industrial sector. In addition, each
country could be part of a worldwide association/organization that uses the global network, technological
know-how, and resources to be a contributing partner to this group in helping the environment (like the
Kyoto Protocol of 1997 and Copenhagen Accord of 2009 on climate change). When international
organizations and non-governmental organizations (NGOs) try to help individual countries on
environmental issues, in some instances it creates problems. In a research paper funded and supported by the
World Bank, researchers found that in India, the role of international institutions and NGO's often have
difficulty matching their interest with that of the state, especially, when it comes to human rights standards.
2.4 Environmental issues concerning India:

There are many environmental issues in India. Air pollution, water pollution, garbage and pollution of the
natural environment are all challenges for India. Nature is also causing some drastic effects on India. The
situation was worse between 1947 through 1995. According to data collection and environment assessment
studies of World Bank experts, between 1995 through 2010, India has made some of the fastest progress in
addressing its environmental issues and improving its environmental quality in the world. Still, India has a
long way to go to reach environmental quality similar to those enjoyed in developed economies. Pollution
remains a major challenge and opportunity for India.
Environmental issues are one of the primary causes of disease, health issues and long-term livelihood impact
for India
Some of the major environmental concerns confronting India include:
 Population growth and environmental quality

There is a long history of study and debate about the interactions between population growth and the
environment. According to a British thinker Malthus, for example, a growing population exerts pressure on
agricultural land, causing environmental degradation, and forcing the cultivation of land of higher as well as
poorer quality. This environmental degradation ultimately reduces agricultural yields and food availability,
famines and diseases and death, thereby reducing the rate of population growth.
Population growth, because it can place increased pressure on the assimilative capacity of the environment,
is also seen as a major cause of air, water, and solid-waste pollution. The reslt, Malthus theorised, is an
equilibrium population that enjoys low levels of both income and Environmental quality. Malthus suggested
positive and preventative forced control of human population, along with abolition of poor laws.
 Water Pollution
India has major water pollution issues. Discharge of untreated sewage is the single most important cause for
pollution of surface and ground water in India. There is a large gap between generation and treatment of
domestic waste water in India. The problem is not only that India lacks sufficient treatment capacity but also
that the sewage treatment plants that exist do not operate and are not maintained. The majority of the
government-owned sewage treatment plants remain closed most of the time due to improper design or poor
maintenance or lack of reliable electricity supply to operate the plants, together with absentee employees and
poor management. The waste water generated in these areas normally percolates in the soil or evaporates.
The uncollected wastes accumulate in the urban areas cause unhygienic conditions and release pollutants
that leaches to surface and groundwater.
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 Air pollution
Air pollution in India is a serious issue with the major sources being fuelwood and biomass burning, fuel
adulteration, vehicle emission and traffic congestion. Air pollution is also the main cause of the Asian brown
cloud, which is causing the monsoon to be delayed. India is the world's largest consumer of fuelwood,
agricultural waste and biomass for energy purposes. Traditional fuel (fuelwood, crop residue and dung cake)
dominates domestic energy use in rural India and accounts for about 90% of the total. In urban areas, this
traditional fuel constitutes about 24% of the total. Fuel wood, agri waste and biomass cake burning releases
over 165 million tonnes of combustion products into India's indoor and outdoor air every year. These
biomass-based household stoves in India are also a leading source of greenhouse emissions contributing to
climate change.
The annual crop burning practice in northwest India, north India and eastern Pakistan, after monsoons, from
October to December, are a major seasonal source of air pollution. Approximately 500 million tons of crop
residue is burnt in open, releasing smoke, soot, NOx, SOx, PAHs and particulate matter into the air. This
burning has been found to be a leading cause of smog and haze problems through the winter over Punjab,
cities such as Delhi, and major population centers along the rivers through West Bengal. In other states of
India, rice straw and other crop residue burning in open is a major source of air pollution.
Vehicle emissions are another source of air pollution. Vehicle emissions are worsened by fuel adulteration
and poor fuel combustion efficiencies from traffic congestion and low density of quality, high speed road
network per 1000 people.
 Solid waste pollution

Trash and garbage are a common sight in urban and rural areas of India. It is a major source of pollution.
Indian cities alone generate more than 100 million tons of solid waste a year. Street corners are piled with
trash. Public places and sidewalks are despoiled with filth and litter, rivers and canals act as garbage dumps.
In part, India's garbage crisis is from rising constion. India's waste problem also points to a stunning failure
of governance. The tourism regions in the country mainly hill stations are also facing this issue in the recent
years.
In 2000, India's Supreme Court directed all Indian cities to implement a comprehensive waste-management
programme that would include household collection of segregated waste, recycling and composting. These
directions have simply been ignored. No major city runs a comprehensive programme of the kind envisioned
by the Supreme Court.
 Noise pollution
Noise pollution or noise disturbance is the disturbing or excessive noise that may harm the activity or
balance of human or animal life. Noise-wise India can be termed as the most polluted country in the world.
The source of most outdoor noise worldwide is mainly caused by machines and transportation systems,
motor vehicles, aircraft, and trains. In India the outdoor noise is also caused by loud music during festival
seasons. Outdoor noise is summarized by the word environmental noise. Poor urban planning may give rise
to noise pollution, since side-by-side industrial and residential buildings can result in noise pollution in the
residential areas.
Indoor noise can be caused by machines, building activities, and music performances, especially in some
workplaces. Noise-induced hearing loss can be caused by outside (e.g. trains) or inside (e.g. music) noise.
 Land or Soil pollution

In March 2009, the issue of [punjab] attracted press coverage. It was alleged to be caused by fly ash ponds
of thermal power stations, which reportedly lead to severe birth defects in children in the Faridkot and
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Bhatinda districts of Punjab. The news reports claimed the uranium levels were more than 60 times the
maximum safe limit. In 2012, the Government of India confirmed that the ground water in Malwa belt of
Punjab has uranium metal that is 50% above the trace limits set by the United Nations' World Health
Organization. Scientific studies, based on over 1000 samples from various sampling points, could not trace
the source to fly ash and any sources from thermal power plants or industry as originally alleged. The study
also revealed that the uranium concentration in ground water of Malwa district is not 60 times the WHO
limits, but only 50% above the WHO limit in 3 locations. This highest concentration found in samples was
less than those found naturally in ground waters currently used for human purposes elsewhere, such as
Finland. Research is underway to identify natural or other sources for the uranium.
 Greenhouse gas emissions

India was the third largest emitter of carbon dioxide, a major greenhouse gas, in 2009 at 1.65 Gt per year,
after China and the United States. With 17 percent of world population, India contributed some 5 percent of
human-sourced carbon dioxide emission; compared to China's 24 percent share. On per capita basis, India
emitted about 1.4 tons of carbon dioxide per person, in comparison to the United States’ 17 tons per person,
and a world average of 5.3 tons per person.
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CHAPTER 3:
Overview of Environmental legislations and in India
The need for protection and conservation of environment and sustainable use of natural resources is
reflected in the constitutional framework of India and also in the international commitments of India. The
Constitution under Part IVA (Art 51A-Fundamental Duties) casts a duty on every citizen of India to protect
and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion
for living creatures. Further, the Constitution of India under Part IV (Art 48A-Directive Principles of State
Policies) stipulates that the State shall endeavour to protect and improve the environment and to safeguard
the forests and wildlife of the country.
Several environment protection legislations existed even before Independence of India. However, the true
thrust for putting in force a well-developed framework came only after the UN Conference on the Human
Environment (Stockholm, 1972). After the Stockholm Conference, the National Council for Environmental
Policy and Planning was set up in 1972 within the Department of Science and Technology to establish a
regulatory body to look after the environment-related issues. This Council later evolved into a full-fledged
Ministry of Environment and Forests (MoEF).
MoEF was established in 1985, which today is the apex administrative body in the country for regulating
and ensuring environmental protection and lays down the legal and regulatory framework for the same.
Since the 1970s, a number of environment legislations have been put in place. The MoEF and the pollution
control boards ("CPCB", ie, Central Pollution Control Board and "SPCBs", ie, State Pollution Control
Boards) together form the regulatory and administrative core of the sector.
3.1 Evolution of Environmental Legislation in India

The Indian Forest Act, 1927 consolidates the law relating to forests, the transit of forest-produce and the
duty leviable on timber and other forest products.
The Prevention of Cruelty to Animals Act was enacted in 1960 to prevent the infliction of unnecessary
suffering on the animals and to amend the laws relating to the prevention of cruelty to animals. As a
promotion for enactment of this act there was formation of animal board of India.
In 1966 Indian Forest Service was constituted under the All India Services Act, 1951 by the government of
India. The main aim of their service is to implement the country’s National Forest Policy which envisages
scientific management of forest and to exploit them on a sustained basis primarily for timber products.
Wild life Act enacted in the year 1972 with the objective of effectively protecting the wild life of the country
and to control poaching, smuggling and illegal trade in wildlife and its derivatives. This act was amended in
January 2003. To strengthen the act; the Ministry has proposed further amendments in the law by
introducing more rigid measures. Main objective is to provide protection to the flora and fauna and also to
ecologically important protected areas.
Water Act was enacted in 1974 to provide for the prevention and control of water pollution and for water
maintenance in the country. The Water cess Act was enacted in 1977, to provide for the levy and collection
of a cess on water consumed by persons operating and carrying on certain types of industrial activities. The
act was last amended in 2003.
Forest Conservation Act was enacted in 1980 to protect and conserve country’s forest.
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Air Act (1981) and was amended in 1987 to provide for prevention control and abatement of air pollution in
India.
Well known Environment Protection Act (1986) came into existence after 14 years of UN conference with
an objective of protection and improvement of the country. Later on the amendments were done to it in
1991.
The Man and Biosphere (MAB) programme of UNESCO was launched in 1971; India joined it in 1988 after
formation of bioreserve committee. Purpose of this is to develop a base for rational use or conservation of
natural resources while improving the relationship between the man and environment.
In Hazardous waste rules (1989) were framed in which hazardous chemicals list was finalised. The Eco-
Mark Scheme of India was introduced in 1991 to increase the environmental awareness amongst citizens.
This scheme aimed at encouraging the public to purchase products which are eco friendly. Public liability
insurance act was enacted in 1991 to provide for damages to victims of an accident which occurs as a result
of handling hazardous substances (owners associated with the production or handling).
National Environment Tribunal (1995) is for strict liability for damage arising out of accidents caused from
handling of hazardous waste.
Biomedical Waste Rules (1998) that deal with collection, reception, storage, treatment and disposal of the
waste.
The Noise Pollution Rules (2000) the state government categorised industrial, commercial and residential or
silence zones to implement noise standards.
The Biodiversity Act (2002) was born out of India’s attempt to realise the objectives mentioned in the United
Nations convention on biological Diversity (CBD) enacted in 1992 states that country should use their own
biological resources.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006,
recognizes the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the forest
areas inhabited by them. This act also provides framework for their rights.
The National Environment Appellate Authority (NEAA) was set up by the ministry of environment and
forests to address cases in which environment clearances are required in certain restricted areas. It was
established by the National Environment Appellate Authority Act 1997 to hear appeals with respect to
restriction of areas in which any industries, operations or processes, operations or processes shall or shall not
be carried out, subject to certain safeguards under the Environment (Protection) Act, 1986. The Authority
shall become defunct and the Act shall stand repealed upon the enactment of the National Green Tribunal
Bill 2009 currently pending in Parliament.
3.2 Major Acts
Now, a brief overview of some of the most popular legislations:
The National Green Tribunal Act, 2010

The National Green Tribunal Act, 2010 (No. 19 of 2010) (NGT Act) has been enacted with the objectives to
provide for establishment of a National Green Tribunal (NGT) for the effective and expeditious disposal of
cases relating to environment protection and conservation of forests and other natural resources including
enforcement of any legal right relating to environment and giving relief and compensation for damages to
persons and property and for matters connected therewith or incidental thereto.
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The Act received the assent of the President of India on June 2, 2010, and was enforced by the Central
Government vide Notification no. S.O. 2569(E) dated October 18, 2010, with effect from October 18, 2010.
The Act envisages establishment of NGT in order to deal with all environmental laws relating to air and
water pollution, the Environment Protection Act, the Forest Conservation Act and the Biodiversity Act as
have been set out in Schedule I of the NGT Act.
Consequent to enforcement of the National Green Tribunal Act, 2010, the National Environment Tribunal
Act, 1995 and the National Environment Appellate Authority Act, 1997 stand repealed. The National
Environment Appellate Authority established under s 3(1) of the National Environment Appellate Authority
Act, 1997stands dissolved, in view of the establishment of the National Green Tribunal under the National
Green Tribunal Act, 2010 vide Notification no. S.O. 2570(E) dated October 18, 2010.
The Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981 (the "Air Act") is an act to provide for the
prevention, control and abatement of air pollution and for the establishment of Boards at the Central and
State levels with a view to carrying out the aforesaid purposes.
To counter the problems associated with air pollution, ambient air quality standards were established under
the Air Act. The Air Act seeks to combat air pollution by prohibiting the use of polluting fuels and
substances, as well as by regulating appliances that give rise to air pollution. The Air Act empowers the
State Government, after consultation with the SPCBs, to declare any area or areas within the Sate as air
pollution control area or areas. Under the Act, establishing or operating any industrial plant in the pollution
control area requires consent from SPCBs. SPCBs are also expected to test the air in air pollution control
areas, inspect pollution control equipment, and manufacturing processes.
The Water (Prevention and Control of Pollution) Act, 1974

The Water Prevention and Control of Pollution Act, 1974 (the "Water Act") has been enacted to provide for
the prevention and control of water pollution and to maintain or restore wholesomeness of water in the
country. It further provides for the establishment of Boards for the prevention and control of water pollution
with a view to carry out the aforesaid purposes. The Water Act prohibits the discharge of pollutants into
water bodies beyond a given standard, and lays down penalties for non-compliance. At the Centre, the Water
Act has set up the CPCB which lays down standards for the prevention and control of water pollution. At the
State level, SPCBs function under the direction of the CPCB and the State Government.
Further, the Water (Prevention and Control of Pollution) Cess Act was enacted in 1977 to provide for the
levy and collection of a cess on water consumed by persons operating and carrying on certain types of
industrial activities. This cess is collected with a view to augment the resources of the Central Board and the
State Boards for the prevention and control of water pollution constituted under the Water (Prevention and
Control of Pollution) Act, 1974. The Act was last amended in 2003.
The Environment Protection Act, 1986

The Environment Protection Act, 1986 (the "Environment Act") provides for the protection and
improvement of environment. The Environment Protection Act establishes the framework for studying,
planning and implementing long-term requirements of environmental safety and laying down a system of
speedy and adequate response to situations threatening the environment. It is an umbrella legislation
designed to provide a framework for the coordination of central and state authorities established under the
Water Act, 1974 and the Air Act. The term "environment" is understood in a very wide term under s 2(a) of
the Environment Act. It includes water, air and land as well as the interrelationship which exists between
water, air and land, and human beings, other living creatures, plants, micro-organisms and property.
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Under the Environment Act, the Central Government is empowered to take measures necessary to protect
and improve the quality of environment by setting standards for emissions and discharges of pollution in the
atmosphere by any person carrying on an industry or activity; regulating the location of industries;
management of hazardous wastes, and protection of public health and welfare. From time to time, the
Central Government issues notifications under the Environment Act for the protection of ecologically-
sensitive areas or issues guidelines for matters under the Environment Act.
In case of any non-compliance or contravention of the Environment Act, or of the rules or directions under
the said Act, the violator will be punishable with imprisonment up to five years or with fine up to Rs
1,00,000, or with both. In case of continuation of such violation, an additional fine of up to Rs 5,000 for
every day during which such failure or contravention continues after the conviction for the first such failure
or contravention, will be levied. Further, if the violation continues beyond a period of one year after the date
of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven
years.
Hazardous Wastes Management Regulations

Hazardous waste means any waste which, by reason of any of its physical, chemical, reactive, toxic,
flammable, explosive or corrosive characteristics, causes danger or is likely to cause danger to health or
environment, whether alone or when in contact with other wastes or substances.
There are several legislations that directly or indirectly deal with hazardous waste management. The relevant
legislations are the Factories Act, 1948, the Public Liability Insurance Act, 1991, the National Environment
Tribunal Act, 1995 and rules and notifications under the Environmental Act. Some of the rules dealing with
hazardous waste management are discussed below:
Hazardous Wastes (Management, Handling and Transboundary) Rules, 2008, brought out a guide for
manufacture, storage and import of hazardous chemicals and for management of hazardous wastes.
Biomedical Waste (Management and Handling) Rules, 1998, were formulated along parallel lines, for proper
disposal, segregation, transport, etc, of infectious wastes.
Municipal Solid Wastes (Management and Handling) Rules, 2000, aim at enabling municipalities to dispose
municipal solid waste in a scientific manner.
In view of the short-comings and overlapping of some categories causing inconvenience in implementation
of the Biomedical Waste (Management and Handling) Rules, 1998 as well as the Municipal Solid Wastes
(Management and Handling) Rules, 2000, the Ministry of Environment, Forest and Climate Change has
formulated the draft Bio-Medical Waste (Management & Handling) Rules, 2015 (Draft BMW Rules) and the
draft Solid Waste Management Rules, 2015 (Draft SWM Rules) and sought comments on the draft Rules.
The Draft BMW Rules are to replace the Biomedical Waste (Management and Handling) Rules, 1998, and
the Draft SWM Rules are to replace the Municipal Solid Waste (Management and Handling) Rules, 2000.
The objective of the Draft BMW Rules is to enable the prescribed authorities to implement the rules more
effectively, thereby, reducing the biomedical waste generation and also for its proper treatment and
disposal and to ensure environmentally sound management of these wastes, and the Draft SWM Rules aim
at dealing with the management of solid waste including it segregation at source, transportation of waste,
treatment and final disposal.
E - Waste (Management and Handling) Rules, 2011 have been notified on May 1, 2011 and came into effect
from May 1, 2012, with primary objective to reduce the use of hazardous substances in electrical and
electronic equipment by specifying threshold for use of hazardous material and to channelize the e-waste
generated in the country for environmentally sound recycling. The Rules apply to every producer, consumer
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or bulk consumer, collection centre, dismantler and recycler of e-waste involved in the manufacture, sale,
purchase and processing of electrical and electronic equipment or components as detailed in the Rules.
Batteries (Management & Handling) Rules, 2001 deal with the proper and effective management and
handling of lead acid batteries waste. The Act requires all manufacturers, assemblers, re-conditioners,
importers, dealers, auctioneers, bulk consumers, consumers, involved in manufacture, processing, sale,
purchase and use of batteries or components thereof, to comply with the provisions of Batteries
(Management & Handling) Rules, 2001.
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Chapter 4:
Sustainable Development
and Environmental Impact Assessment
4.1 Definition
Sustainable Development is a process in which development can be sustained for Sustainable Development
is a process in which development can be sustained for generations. It means improving the quality of
human life while at the same time living in generations. It means improving the quality of human life while
at the same time living in harmony with nature and maintaining the carrying capacity of the life supporting
harmony with nature and maintaining the carrying capacity of the life supporting ecosystem.
Development means increasing the society’s ability to meet human needs. Economic growth is an important
component but cannot be a goal itself. The real aim Economic growth is an important component but cannot
be a goal itself. The real aim must be to improve the quality of human existence to ensure people to enjoy
long, healthy must be to improve the quality of human existence to ensure people to enjoy long, healthy and
fulfilling life.
Brundtland Commission puts it as development that “meets the needs of the present without compromising
the ability of future generations.
4.2 Brief History

The idea of sustainability came out of the 1972 UN Stockholm Conference on the Human Environment,
which was the first UN meeting that discussed the preservation and enhancement of the environment. It
proclaimed that, "The protection and improvement of the human environment is a major issue which affects
the well-being of peoples and economic development throughout the world; it is the urgent desire of the
peoples of the whole world and the duty of all Governments."12
The concept of sustainable use of earth’s resources is an ancient one. Without the principles of sustainability
as a way of life, humans would not have survived in the twentieth century. The principle of sustainable
development received impetus with the adoption of Stockholm Declaration in 1972, World Conservation
Union (IUCN) with the advice and assistance of the United Nations Environment Programme (UNEP),
World Charter for Nature of 1982, Report of the World Commission on Environment and Development
under the chairmanship of Geo Harlem Brundtland (Brundtland Report), Our Common Future of 1987, the
document Caring for the Earth : A strategy for the Sustainable Living developed by the second world
conservation project comprised of the representatives of the IUCN, UNEP and the Worldwide Fund for
Nature. The concept of sustainable development is the foundation stone of the Montreal Protocol for the
Protection of Ozone Layer of 1987 and the instruments adopted at the UN Conference on Environment and
Development (World Summit) held at Rio in 1992.
4.3 Basic objectives of Sustainable Development
12 http://mapleleafweb.com/features/2002-johannesburg-earth-summit-sustainable-development
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The principle of sustainable development seeks to achieve the following three basic objectives:
i) To maintain production of goods and services for development and efficiency;
ii) Conversation and management of neutral resources including preservation of bio-diversity and
maintenance of biological integrity;
iii) Maintenance and enhancement of the quality of life adopting the principle of equitable distribution of
wealth and material resources.
These objectives may respectively be called as economic, environmental and social objectives of the
principle of sustainable development.
From the environmental point of view, the objective of the principle of sustainable development centres
round three issues, namely, (i) to maintain essential ecological processes, (ii) to preserve genetic diversity;
and (iii) to secure sustainable utilization of species and ecosystems.
4.4 Salient Principles of Sustainable Development

The principle of sustainable development which received international recognition as a result of Brundtland
Commission Report (1987) was overwhelmingly supported by all the nations. Some of the salient principles
which underlie the concept of sustainable development were spelled out in the Rio Declaration, 1992 and
Agenda 21. Therefore, these principles have got to be necessarily followed in order to achieve the objective
of sustainable development. These principles are as follows:
1. Inter-Generational Equity —
The principle of inter-generational equity pre-supposes the right of each generation of human beings to
benefit from cultural and natural resources of the past generation as well as the ‘obligation’ to preserve such
heritage for future generations. The principle emphasises on conservation of biodiversity resources and of
the renewable sources like forests, water, soil etc.
2. Use and Conservation of Natural Resources —

This principle requires that earth's natural resources should be carefully used in such a way that they may be
conserved and enhanced for the future generation. It must be borne in mind that natural resources are already
depleting due to poverty, over- population, urbanisation, industrialisation etc. and there is likely to be acute
shortage of these resources in future. Therefore, there is dire need to develop techniques and technologies
which may need minimal utilization of natural resources.
3. Environmental Protection —
Environmental protection is an integral part of sustainable development. Most of the nations have enacted
environmental protection laws to ensure sustainable development within their territories. In order to
reinforce sustainable development, an effective environmental protection mechanism is needed. It is
generally seen that inadequate protection of environment or its degradation affects the poorest sections of
the society most as they draw a large part of their livelihood from unmarked environmental resources such
as forests, water from hand pumps, air polluted and noisy slum dwellings etc. The problem of environmental
protection generally emanates from water resources, forests, agriculture, industry, energy and power etc.,
therefore, policy decisions in these sectors should be environmental oriented and well planned so as to
ensure that there is no degradation in the natural environment.
4. Precautionary Principle —
The precautionary principle seeks to ensure that a substance or human activity which may cause a threat to
the environment is prevented from causing harm to environment, even if there is no conclusive scientific
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proof of linking that particular substance or human activity to environmental damage. Thus, precautionary
principle pre-supposes that onus of proof is on the industrialist to show that his action is benign, that is not
harmful to environment.
5. “Polluter Pays” Principle —

All the member countries participating in the Organisation For Economic Co-operation and Development
(O.E.C.D.) agreed to incorporate in their environmental policies the principle of 'polluter pays' so as to
discourage subsidies that could be detrimental for trade. They deemed this necessary for the protection of
environment and save the country from threats posed by environmental pollution in modernised industrial
societies. “Polluter Pays” principle was considered to be one of the best methods for prevention of
environmental pollution. But there were practical difficulties in working out an exact definition of the
principle as there could be dispute as to the limits on payment for damages caused and exact scope of the
applicability of principle.
6. Principle of Liability to help and Co-operate —

This principle has been specifically incorporated in Rio-Declaration (1992) as Principle 9 which provides
that the States should co-operate to strengthen indigenous capacity building for sustainable development by
improving scientific understanding through exchanges of scientific and technological knowledge and by
enhancing the development, adaptation, diffusion and transfer of technologies including new and innovative
technologies.
7. Poverty Eradication —
Poverty is perhaps the worst contributing factor for polluting the environment and causing its degradation.
Smt. Indira Gandhi, the Late former Prime Minister of India, addressing the Stockholm Conference on
Human Environment in 1972 said, “of all pollutants we face, the worst is poverty”. The Brundtland Report
(1987) also attributed poverty as a potential cause of environmental degradation as it reduces people’s
capacity to use resources in a sustainable manner, which eventually brings more pressure on environment
and results into its deterioration. Most of the developing countries are facing the problem of poverty which
is adversely affecting the Environmental quality.
The Earth Summit, 1992 also projected that elimination of poverty was utmost necessary for achieving the
goal of sustainable development, particularly m the developing countries.
4.5 Status of Sustainable Development in India

Indian Judiciary has demonstrated exemplary activism to implement the mandate of sustainable
development. In the past, Indian Courts did not refer expressly to sustainable development but implicitly
gave effect to it. In Rural Litigation and Entitlement Kendra, Dehradun v. State of UP13, the SC was faced
with the problem of the mining activities in the limestone quarries in Dehradun-Mussoorie area. This was
the first case of its kind in the country involving issues related to environment and ecological balance and
brought into sharp focus, the conflict between development and conservation. In this case, SC emphasised
the need for reconciling development and conservation in the largest interest of the country. This exercise
13 AIR 1985 SC 652

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was done by the Himanchal Pradesh HC in Kinkri Devi v. State14 and also in General Public of Spoon
Valley v. State15.
In Vellore Citizen Welfare Forum v. UOI16, it was found that a number of tanneries in Tamil Nadu
discharged untreated effluents into agricultural fields, roadsides, water-ways and open lands. The untreated
effluents were finally discharged into river which was the main source of water supply to the residents. The
SC held that the concept of ‘Sustainable Development’ was accepted as a part of the customary international
law to strike a balance between ecology and development. It was further held that the ‘precautionary
principle’ and the ‘polluter pays principle’ constituted essential features of ‘sustainable development’.
Justice Kuldip Singh referred to the environmental principles of the international environmental law and
stated that the ‘precautionary principle’, ‘polluter pays principle’ and the special concept of onus of proof
have merged and governs the law of our country, As is clear from Articles 47, 48A and 51A(g) of the
constitution and that in fact various environmental statutes incorporate these concepts impliedly. In view of
the constitutional and statutory provisions, the SC held that the ‘precautionary principle’ and the ‘polluter
pays principle’ are a part of the Indian Environmental Law.
Moreover, SC also directed the Central Government to establish an authority under Section 3(3) of the
Environment Protection Act 1986. The authority so established shall implement the ‘precautionary
principle’ and the ‘polluter pays principle’. Hon’Ble Justice also criticized the in action of the Central
Government to establish such and authority and also observed that an authority headed by a retired judge of
the High Court and an expert in the field of environmental protection must be constituted. Since then,
Government has issued notifications for the establishment of an authority and for environment impact
assessment.
In A.P. Pollution Control Board v. MY Nayadu17, the SC affirmed that the ‘precautionary principle’ and the
‘polluter pays principle’ are a part of the Indian Environmental Law. This case involves the grant of consent
by the pollution board for setting up an industry by the respondent company for the manufacturing of
hydrogenated castor oil. The categorization of the industry in the red, orange and green was made and the
respondent industry was included in the red category. The company applied for seeking clearance to set up
the unit under Section 25 of the Water (Prevention Control of Pollution) Act. The board rejected the
application for the consent on the ground that the unit was a polluting unit and would result in the discharge
of solid waste containing nickel, a heavy metal and also hazardous waste under Hazardous Waste
(Management and Handling) Rules 1989. The respondent company appealed under Section 28 of the Water
(Prevention Control of Pollution) Act. The appellate Authority decided that the respondent industry was not
a polluting industry and directed the Board to give its consent for establishment of the respondent industry
on such conditions as the board may deem fit. In writ petition filed in the HC, the division bench directed the
Board to grant consent subjected to such condition as might be imposed by the board. It was against the said
judgement that the Pollution Control Board filled various appeals in SC. The SC discussed the evolution of
the principle ‘precautionary principle’ and explained its meaning in detail.
The SC expressed approval of the Vellore judgement and treated “precautionary principle” as a part of
Indian Environmental Law.
The above quoted judgements have significant impact on the specialised environmental legislations in India.
The judgements are a pointer for Pollution Control Board to grant consent for setting up industrial units on
the basis of the ‘precautionary principle’.
14 AIR 1987 HP 4
15 AIR 1993 HP 52
16 AIR 1996 SC 2715
17 AIR 1999 SC 812
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Chapter 5
Environment Impact Assessment
5.1 Introduction
EIA is an exercise to be carried out before any project or major activity is undertaken to ensure that it
willnot in any way harm the environment on a short term or long-term basis. Any developmental
endeavorrequires not only the analysis of the need of such a project, the monetary costs and benefits
involved butmost important, it requires a consideration and detailed assessment of the effect of a
proposeddevelopment on the environment.
The environment impact process was introduced with the purpose of identifying /evaluating the
potentialbeneficial and adverse impacts of development projects on the environment, taking in to
accountenvironmental, social, cultural and aesthetic considerations. All of these considerations are critical
todetermine the viability of a project and to decide if a project should be granted environmental clearance.
An EIA concentrate on problems, conflicts and natural resource constraints which might affect theviability
of a project. It also predicts how the project could harm to people, their homeland, theirlivelihoods, and the
other nearby developmental activities. After predicting potential impacts, the EIAidentifies measures to
minimize the impacts and suggests ways to improve the project viability.
The aim of an EIA is to ensure that potential impacts are identified and addressed at an early stage in
theprojects planning and design. To achieve this aim, the assessment findings are communicated to all
therelevant groups who will make decisions about the proposed projects, the project developers and
theirinvestors as well as regulators, planners and the politicians. Having read the conclusions of
anenvironmental impact assessment, project planners and engineers can shape the project so that its
benefitscan be achieved and sustained with out causing adverse impacts.
In recent years, major projects have encountered serious difficulties because insufficient account has
beentaken of their relationship with the surrounding environment. Some projects have been found to
beunsustainable because of resource depletion. Others have been abandoned because of public opposition,
financially encumbered by unforeseen costs, held liable for damages to natural resources and even beenthe
cause of disastrous accidents. Given this experience, it is very risky to undertake finance, or approvea major
project without first taking in to account its environmental consequences and then siting anddesigning the
project so as to minimize adverse impacts.
Due to public pressure on the government to accept accountability for the activities of its agencies
theNational Environmental Policy Act (NEPA) was formed in USA during 1970. This was the basis for
thedevelopment of a mechanism which came to be known as Environmental Impact Assessment (EIA).
5.2 The EIA process in India

The role for EIA was formally recognized at the earth summit held at Rio conference in 1992. Principle17 of
the Rio declaration states that –
“EIA as a national instrument shall be undertaken for the proposed activities that arelikely to have
significant adverse impact on the environment and are subject to a decisionof a competent national
authority”.
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In India many of the developmental projects till as recently as the 1980s were implemented with verylittle or
no environmental concerns. The environmental issues began receiving attention when a nationalcommittee
on environmental planning and coordination was set up under the 4 th five-year plan (1969-1978). Till 1980,
the subjects of environment and forests were the concern of the Dept of Science andTechnology and
Ministry of Agriculture respectively.
Later, the issues were formally attended by the Dept of Environment which was established in 1980.
Thiswas then upgraded to the Ministry of Environment & Forest in 1985. In 1980, clearance of large
projectsfrom the environmental angle became an administrative requirement to the extent that the
planningcommission and the central investment board sought proof of such clearance before according
financial sanction.
Five year later, the Dept of Environment and Forests, Government of India, issued guidelines for
Environmental Assessment of river valley projects. These guidelines require various studies such asimpacts
on forests and wild life in the submergence zone, water logging potential, upstream and downstream aquatic
ecosystems and fisheries, water related diseases, climatic changes and sesmicity.
A major legislative measure for the purpose of environmental clearance was in 1994 when
specificnotification was issued under section 3 and rule 5 of the environment protection Act, 1986 called the
“Environment impact Assessment Notification 1994”.
The first step in seeking environmental clearance for a development project is to determine what
statutorylegislations apply to the particular project. The MOEF has brought out several notifications
restricting thedevelopment of industries in specified ecologically sensitive areas. In addition, there are also
draft rulesframed for the siting of industries.
Environmental clearance for development projects can be obtained either at the state level or at the
centrallevel depending on certain criteria concerning the characteristics of the project. However (regardless
ofwhere the final environmental clearance is obtained from), for most projects the consent must first betaken
from the state pollution control board or pollution control committees in the case of union territories.
5.3 Steps in the EIA procedures:

The EIA process in India is made up of the following phases:
A. SCREENING
The screening is the first and simplest tier in project evaluation. Screening helps to clear those types of
projects, which from past experience are not likely to cause significant environmental problems. The activity
may take one of the following several forms:
1. Measurements using simple criteria such as size or location.
2. Comparing the proposal with list of projects rarely needing an EIA (e.g. schools) or definitely
needing one (e.g. coal mines).
3. Estimating general impacts (e.g. increased in infrastructure needed) and comparing these impacts
against set thresholds.
4. Doing complex analyses, but using readily available data.
B. PRELIMINARY ASSESSMENT:
If screening does not clear a project, the developer may be required to undertake a preliminary Assessment.
This involves sufficient research, review of available data and expert advice in order to identify the key
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impacts of the project on the local environment, predict the extent of the impacts and briefly evaluate their
importance to decision makers. The preliminary assessment can be used to assist early project planning (for
instance, to narrow the discussion of possible sites) and it can serve as an early warning to the serious
environmental problems that the project may cause. It is in the developer’s interest to do a preliminary
assessment since, in practice, this step can clear projects of the need for a full EIA.
C. FORMATION OF AN EIA TEAM:

If after reviewing a preliminary assessment the competent authority deems that a full EIA is needed, the next
step for the project developer is the preparation of the EIA report. This entails
1. Commissioning and briefing an independent co-coordinator and expert study team.
2. Identifying the key decision makers who will plan, finance, permit and control the proposed project,
so as to characterize the audience for the EIA.
3. Researching laws and regulations that will affect these decisions.
4. Contacting each of various decision makers.
5. Determining how and when the EIAs finding will be communicated.
D. SCOPING:
The first task of the EIA study team is scoping the EIA. The aim of scoping is to ensure that the study
address all the issues of importance to the decision makers. First of all, the team’s outlook is broadened by
the discussions (with the project proponents, decision makers, the regulatory agency, scientific institutions,
local community representative and others) to include all the possible issues and concerns raises by various
groups. Then the study team selects primary impacts for the EIA to focus upon depending on the basis of
magnitude, geographical extent, significance to decision makers or because the area is special locally (e.g.
soil erosion, the presence of an endangered species, or a near by historical sites) or is an eco-sensitive area.
E. MAIN EIA:
After “scoping” the main EIA begins. The EIA attempts to answer five questions basically:
1- What will happen as a result of the project?
2- What will be the extent of the changes?
3- Do the changes matter?
4- What can be done about them?
5- How can decision makers be informed of what needs to be done?
The EIA becomes a cyclic process of asking and further asking the first four questions until decision makers
can be offered workable solutions.
F. IDENTIFICATION:
Identification means the answer to the first question, i.e. “what will happen as result of the project?” If a
preliminary assessment has been done it will have broadly reviewed the projects effect, also scoping will
have focused the study on the most important issues for decision makers. Taking these findings in to account
the full EIA study now formally identifies those impacts which should be assessed in detail. This
identification phase of the study may use these or other methods:
1- Compile a list of key impacts (e.g. changes in air quality, noise levels, wild life habitats, species
diversity, landscape views, social and cultural systems, settlement patterns and employment levels
from other EIA s for similar projects)
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2- Name all the projects sources of impacts (e.g. smoke emissions, water consumption, construction
jobs) using checklists of questionnaires, then list possible receptors in the environment (e.g. crops,
communities using same water for drinking, migrant of labour) by surveying the existing
environment and consulting with interested parties.
3- Identify impacts themselves through the use of checklist, matrices, networks, overlays, models and
simulations.
G. PREDICTION:
The next step called predictions answers the EIA’s second question: “what will be the extent of the
changes”. As far as is practicable, prediction scientifically characterizes the impacts causes and effects and
its secondary and synergetic consequences for the environment and the local community. Prediction follows
an impact within a single environmental parameter (e.g. toxic liquid effluents) in to its subsequent effects in
many disciplines (e.g. reduced water quality, adverse impacts on fisheries, economic effects on fishing
villages, and resulting socio-cultural changes). Prediction draws on physical, biological, socioeconomic and
anthropological data techniques. In quantifying impacts, it may employ mathematical models, physical
models, socio cultural models, economic models, experiments or expert judgments.
All prediction techniques by their nature involve some degree of uncertainty. So along with each attempt to
quantify an impact, the study team should also quantify the predictions uncertainty in terms of probabilities
or margins of error.
H. EVALUATION:
The third question addressed by the EIA – do the changes matter is answered in the next step. Evaluation is
so called because it evaluates the predicated adverse impacts to determine whether they are significant
enough to warrant mitigation. Thus, judgment of significance can be based on one or more of the followings.
1- Comparison with laws, regulations or accepted standards.
2- Consultation with the relevant decision makers.
3- Reference to pre-set criteria such as protected sites features of species.
4- Acceptability to the local community or the general public.
I. MITIGATION:
In this phase the study team formally analyses mitigation. A wide range of measures are proposed to
prevent, reduce, remedy or compensate for each of the adverse impacts evaluated as significant. Possible
mitigation measures include:
1- Changing project sites, routes, processes, raw materials, operating methods, disposal methods,
disposal routes or locations, timing or engineering designs.
2- Introducing pollution controls, waste treatment monitoring, phased implementation, landscaping,
personal training, special social services or public education.
3- Offering (as compensation) restoration of damaged resources, money to affected persons,
concessions on other issues, or off site programmes to enhance some other aspects of the
environment or quality of life for the community.
All mitigation measures cost something and this cost must be quantified too. These various measures are
then compared, trade-offs between alternative measures are weighed, and the EIA study team proposes one
or more action plans, usually combining a number of measures. The action plan may include technical
control measures, an integrated management scheme (for a major project) monitoring, contingency plans,
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operating practices, project scheduling, or even joint management (with affected groups). The study team
should explicitly analyze the implications of adopting different alternatives, to help make the choices clearer
for the decision makers.
Several analytical techniques are available for this purpose as given below:
1- Cost benefit analysis in which all quantifiable factors are converted to monetary values, and actions
are assessed for their effect on project costs and benefits
2- Explaining what course of action would follow from various broad ‘value judgments’ (e.g. that social
impacts are more important than resources)
3- A simple matrix of environmental parameters versus mitigation measures, contain brief description
of the effects of each measure.
4- Pair wise comparisons, whereby the effects of an action are briefly compared with the effects of each
of the alternative actions are briefly compared with the effects of each of the alternative actions, one
pair at a time.
J. DOCUMENTATION:
The last step in the EIA process, which answers the question – how decision makers be informed of what
needs to be done? In documenting an EIA, this means identifying the key decisions makers, perceiving the
question they will be asking and providing them with straight forward answers formatted for easy
interpretation in relation to their decision making (e.g. tables, graphs, summary, points). Successful EIA
documentation is more readily produced if the audience and their needs are established at the start of the
EIA, and then made to affect how the research is focused and reported. It is the job of the study team’s
communications expert to make this happen. An EIA report should contain:
1- An executive summary of the EIA findings.
2- A description of the proposed development projects.
3- The major environmental and natural resource issues that needed clarification and elaboration.
4- The projects impact on the environment (in comparison with a base line were identified and predicated.).
5- A discussion of options for mitigating adverse impacts and for shaping the project to suit its proposed
environment, and an analysis of the trade offs involved in choosing between alternative actions.
6- An over view of gaps or uncertainties in the information.
7- A summary of the EIA for the general public.
Once the EIA reports have been completed, the project proponent needs to submit 20 copies of the copy of
executive summary of the proposed proposal containing the salient features of the project, the form XII
prescribed under water rules, 1975, form I prescribed under Air rules,1983 and other information or
documents to the SPCB for getting the non-clearance certificate (NOC). On receiving the required
documents from the project proponents, it is the responsibility of the SPCB to conduct the public hearing.
After completion of the public hearing the project proponents has to submit to the secretary of MOEF for the
environmental clearance.
H. Public Hearing:
Law requires that the public must be informed and consulted on a proposed development after the
completion of EIA report. Any one likely to be affected by the proposed project is entitled to have assess to
the Executive Summary of the EIA.
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The affected persons may include:

i) Bonafide local residents
ii) Local associations,
iii) Environmental groups: active in the area
iv) Any other person located at the project site/ sites of displacement
They are to be given an opportunity to make oral/written suggestions to the State Pollution Control Board as
per Schedule IV of Annex I of the notification.
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Chapter 6:
Case Study
Environmental Impact Assessment for Highway Projects
6.1 Introduction
Like people, most organizations are heavily dependant on roads to distribute their goods & to carry their
executives & sales people. Yet, though once seen as the engine of progress, roads are facing increasing
criticism around the world. A highway is a main road for travel by the public between important
destinations, such as cities, large towns, and states. Highway designs vary widely and can range from a two-
lane road without margins to a multi-lane, grade-separated expressway, freeway, or motorway. Impact due
to construction of highways include the noise and dust from construction, the use of non-renewable
aggregates, the loss of natural habitats and green space and increase in traffic (with all its impacts). Road
planning and design is an iterative process where planning and design evolve in response to environmental
and other considerations. This ensures that environmental considerations become an integral part of the
overall route corridor selection and road scheme planning and design process.
6.2 Anticipated impacts due to Highway Construction Project

Encroachment on precious ecology:
The proposed routing of the highway encroaches upon precious ecological resources, including forests and
swamps. This also disturbs the natural habitats of a lot of creatures and animals leaving on the encroach
land. The ecological disturbance is likely to occur.
The construction activities will drive some wildlife away from their habitats, particularly migratory birds.
The construction period will last for quite a long time (3–4 years) and many migratory birds within about
500 m of the proposed expressway will leave their currently roosting and feeding places and move away.
During road construction, the vegetation on the acquired land will be destroyed, and the local ecosystem is
changed. In addition, the destruction and fragmentation effect of the road construction may diminish the
habitats for some of the animal species, so that there may not be enough roosting places any more for them
to survive. During operation, the traffic noise, traffic lights at night and vehicle emissions may cause some
adverse impacts on the wildlife around the road.
Adverse impact on historical/cultural monuments:
The nearby structures to highway projects are adversely affected due to the pollution and environmental
disturbances created by the project. During the construction phase, huge amount of CO2 (Carbon Dioxide)
and CO (Carbon Monoxide) gases are released into the atmosphere. The gas poses a threat to ancient
monuments as they are made up of lime which reacts with these gases in presence of water/moisture. The
most prominent example of this is Taj-Mahal.
Impairment of fisheries/ aquatic ecology and other beneficial water uses:
The water bodies like lake, pond or river which are close to the highway site get affected by the construction
activity. The workers and staff living near to the site uses the water from these water bodies and in turn
pollute them causing harm to aquatic ecology. The rain water may wash away the chemicals and other
hazardous product to the water body affecting the oxygen content of it. This will lead to impairment of
fisheries.
P a g e | - 25 -
Water quality:
The Project will involve the construction of small and large bridges, which will be built with hollow piers
and deep foundations with bored piles. The pile drilling operation will generate a great amount of spoil of
water.
Major sources of potential water pollution were identified as
(i) Increased soil erosion during construction, which may cause water pollution with sedimentation
(ii) Wastewater pollution caused by large construction sites, in particular bridge construction
(iii) Potential pollution associated with the construction of bridge foundations with bored piles
(iv) Pollution caused by surface runoff and service area wastewater.
Water quality impacts due to construction sites:
Wastewater and hazardous materials (fuel, oil, acids, caustics, etc.) may drain into streams and drainage
areas, causing pollution to surface water or groundwater. This is particularly true for large construction sites,
construction campsites, and staging areas where workers, construction equipment, and building materials are
most concentrated.
a) Expressway Runoff: Rainwater washes out atmospheric pollutants, picks up roadway deposits, and runs
off into rivers. The impact of the initial runoff pollutants on the water quality
b) Wastewater Effluent from the Service Area: There will be fuelling and service stations as well as offices,
hotels, and restaurants for the passengers in the service area. Sanitary wastewater effluent from these
facilities as well as wastewater generated by car washing, maintenance, and repair operations will be
generated.
Erosion and Siltation:
The wearing away, detachment and transportation of soil from one place to another place and its deposition
by moving water, blowing wind or other causes is called soil erosion. Large numbers of trees and plantation
has to be removed for construction of highway. This leads to loosing of the soil, soil disturbance, and
exposure of bare soil surface. This causes problem of soil erosion and siltation during rain or heavy wind.
The most severe problems will be associated with embankment construction in the plain area, road sections
with heavy cuts and fills, borrow and spoil sites, as well as bridge and culvert construction sites, particularly
on rainy days.
Environmental aesthetics:
Roads project involves cutting of trees, soil filling and cutting operation. This disturbs the natural aesthetic
of the environment (scenic value). Some expressway components like large bridges and interchanges will
create visual impacts and detract from the natural beauty of the area. The lack of resurfacing/ replanting of
exposed areas are also the leading factor to aesthetic reduction.
Noise and Vibration:
During the construction stage massive equipments like excavators, power shovels, dumpers, compacters,
loader etc are used. This causes considerable vibrations in nearby areas. They also produce high noise levels.
This all disturbs the natural surroundings and creates unfavourable conditions for the living creatures. The
vibrations may affect the structures nearby.
Air pollution hazards:
The project results in discharge of air pollutants from machines and motor vehicles, especially carbon
monoxide, which under adverse conditions could cause severe air pollution hazards to nearby area and
communities.
P a g e | - 26 -
a. Air Quality Impacts during Operation: If project area is a non-attainment area for TSP and CO, with their
background concentrations well exceeding the applicable air quality standards. The vehicle emissions and
fugitive dust emissions from the expressway will add to the problem.
b. Air Quality Impacts during Construction: Construction activities particularly earthworks; increased traffic
and the use of cement, asphalt, and other building materials will produce excessive airborne dust and toxic
asphalt fumes, causing a major impact on air quality within the project area. It was observed that the TSP
concentration at a distance 50 m to the leeward of a concrete mixing plant can be 1.368 mg/Nm3, & 0.619
mg/Nm3 at 100 m.
Highway run-off pollution:
Surface runoff from highways may contain sufficient petroleum drippage plus spilled material (including
toxic and hazardous materials) which can adversely affect aquatic ecology and environmental aesthetics.
Affect on Natural resources:
The Project will disrupt some existing irrigation systems, particularly in the plain areas where the road will
be constructed on filled-up embankment. This fragmentation will also affect the existing flood-relief
channels and natural drainage of the area.
Land Acquisition:
The loss in agricultural products due to farm land decrease. Another extra land is needed during the
construction period for temporary use (construction camp sites, staging areas, access roads, borrow and spoil
sites, etc.) Some buildings will be demolished and wire poles will be removed, and one small enterprise
may be moved.
6.3 Remedies for mitigating damages

The environmental impact caused due to road project can be reduced by adopting following measures:
I. Removing only the necessary vegetation; applying for permits to cut down trees. Revegetation of
green areas.
II. Make up embankments. Disposal of surplus earth. Disposal of waste (Plan for processing solid and
liquid waste)
III. Performing of the cultural heritage protection plan. Covering or dampening uncovered soils.
IV. Green areas, ornate. Maintenance. Soil protection. Water protection.
V. Wastewater effluents from the service area will be treated by a chemical and biological treatment
system in accordance with applicable standards before discharge into the nearby irrigation system.
VI. To minimize the visual impacts, the following measures will be taken:
a. Minimize cut and fill slopes where possible and, in particular, avoid steep cut slopes;
b. Implement site-specific landscaping and re-vegetation on both sides of the road, all cut slopes, and
disturbed land, making the expressway a beautiful green corridor; and
c. Design bridges, interchanges, and do their infrastructure in such a way as to achieve consistency
with the surrounding natural landscape, local buildings, and facilities in terms of form, colour, and
texture.
VII. To minimize the nighttime noise impacts, noise suppressors will be used on construction equipment
where feasible. High noise machinery will not be allowed to operate in the proximity of a school
when classes are in session, and also from 22:00 to 6:00 hrs when there are residential areas nearby
VIII. Establish greenbelt between the road and the villages and school to reduce noise level and air
pollution during operation.
IX. To minimize the dust impact, construction fields and major access roads and haul roads will be
watered on a set schedule, particularly in the dry season. Construction materials storage and concrete
P a g e | - 27 -
mixing plants will be sited more than 100 m away, and asphalt mixing plants 300 m away in a
downwind direction from residences and schools. All the mixing equipment will be closed systems
dwith dust extractors.
P a g e | - 28 -
CONCLUSION
The rapid economic growth experienced by India is resulting in adverse and harmful environmental
conditions that are affecting the people of India as well the wider global population. In the case of India, this
is further exacerbated by the high population density and growth rates. The existing environmental laws,
dalthough cover a wide spectrum of environmental concerns, they seem to be ineffective due to lack of
enforcement, the lack of resources, and technical challenges faced by a large number of Indian companies,
especially the SMEs. Under these conditions, India has to adopt some sustainable actions that need to
address the myriad issues facing the country including environmental degradation in order to sustain its
prospects for continued economic growth.
Sustainable development, that is, both a prosperous economy and a healthy environment that in many
respects is the goal of diverse interest in the area of environmental issues, is the key for the future of India
and the world. Sustainable development implies managing the diverse interests of a prosperous economy
and simultaneously maintaining a healthy environment.
The concept of sustainable development has in the past most often been broken out into three constituent
parts: environmental sustainability, economic sustainability and socio-political sustainability. Sustainable
development ties together concern for the carrying capacity of natural systems with the social challenges
faced by humanity. In order to improve and protect the environment from pollution, sustainability must be
there between environment and development. We know that increased industrial activity worldwide requires
extensive use of natural resources, which are depleting day by day, but it is also true that the need for
resource conservation, efficient use of resources, environment friendly corporate policies and behaviour
have now been recognised worldwide.
One of the key tools of effective decision making with a view to preserve environmental sustainability in
cases of development projects is Enivronmental Impact Assessment (EIA). The EIA methodology promotes
a practical and dynamic process of environmental protection that allows significant adverse impacts to be
avoided or mitigated throughout the entire planning and design process.
Last but not least, if the principles of sustainable development are followed then definitely with the
economic growth and industrial development of a country environment protection can be maintained.
P a g e | - 29 -
BIBLIOGRAPHY
 Environmental Law and Policy (2011), by Venkat
 Lectures on Environmental Law (2018), by Dr. Rega Surya Rao
 Environmental Law in India (2016), by P. Leelakrishnan
 Environmental Law (2016), by S.R.A. Rosedar
 Environmental Law (2017), by Dr Nishtha Jaswal
 The Environment (Protection) Act, 1986
 Environmental Law In India by Dr. Gurdeep Singh
 Will Allen. 2007."Learning for Sustainability: Sustainable Development”
 Health: Ecological Foundations. Oxford University Press
 The Roots of Modern Environmentalism: David Pepper, John W. Perkins
 Sustainable Development: Susan Baker

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CHANAKYA NATIONAL LAW

DEVELOPMENT AND ENVIRONMENTAL ISSUES

 Aims & Objectives:

1 World Bank Statistics, 2015

1.3 The relationship between development and the environmental condition

The impact of development on environment

5 Ram Kumar, (2014), Comments on the Indian environmental issues."

The impact of Environment on Development:

2.1 Environmental Protection in Ancient India

9 Daly, H. E. ed 1973 . Towards a Steady State Economy. San Francisco: Freeman

2.2 Environment as the foundation for development

2.3 Environmental concerns as a Global Issue:

11 The Hindu Survey of the environment,2005,pg 91-97

2.4 Environmental issues concerning India:

 Population growth and environmental quality

 Solid waste pollution

 Land or Soil pollution

 Greenhouse gas emissions

3.1 Evolution of Environmental Legislation in India

3.2 Major Acts

Now, a brief overview of some of the most popular legislations:

The National Green Tribunal Act, 2010

The Air (Prevention and Control of Pollution) Act, 1981

The Water (Prevention and Control of Pollution) Act, 1974

The Environment Protection Act, 1986

Hazardous Wastes Management Regulations

4.2 Brief History

4.3 Basic objectives of Sustainable Development

4.4 Salient Principles of Sustainable Development

2. Use and Conservation of Natural Resources —

5. “Polluter Pays” Principle —

6. Principle of Liability to help and Co-operate —

4.5 Status of Sustainable Development in India

13 AIR 1985 SC 652

5.2 The EIA process in India

5.3 Steps in the EIA procedures:

C. FORMATION OF AN EIA TEAM:

The affected persons may include:

6.2 Anticipated impacts due to Highway Construction Project

6.3 Remedies for mitigating damages

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