Air Pollution and its legal control

RESEARCH PROPOSAL

AIR POLLUTION AND ITS LEGAL CONTROL

Submitted To – Mr. Hrishikesh Manu

Submitted By – Ms. Bhargavi Mishra
Roll no. – 1524
7th Semester, 4th Year

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 Air Pollution and its legal control

ACKNOWLEDGEMENT

I would take an opportunity to show my sincere gratitude towards all those who have helped me in
making this project and without whom this project would have been incomplete.
I would like to thank my faculty Mr. Hrishikesh Manu for being a constant guide and clarifying my
doubts regarding the project. I acknowledge and express my deepest gratitude towards him. I would
also like to thank the library staffs in helping me out with the referred books. I am also thankful to my
family and friends for being a constant source of encouragement.

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 Air Pollution and its legal control

TABLE OF CONTENT

INTRODUCTION .............................................................................................................................. 5

GENISIS OF AIR ACT, 1981 ............................................................................................................ 9

WORKING OF THE AIR ACT, 1981 ............................................................................................. 12

TAJ TRAPEZIUM CASE ................................................................................................................ 14

CONCLUSION ................................................................................................................................. 19

BIBLIOGRAPHY ............................................................................................................................. 20

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 Air Pollution and its legal control

Object of Study :
The main objective over which the researcher stresses on is understanding the various aspects of Air
pollution and it’s legal control.

Research methodology :
For the accomplishment of this project work the researcher has adopted the doctrinal mode of study.

Source of Data:
The sources of data include both primary and secondary sources. The primary source include the bare
act provisions. The secondary source includes books,articles and website

Hypothesis:

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 Air Pollution and its legal control

INTRODUCTION

Air lets our living planet breathe—it's the mixture of gases that fills the atmosphere, giving life to the
plants and animals that make Earth such a vibrant place. Broadly speaking, air is almost entirely made
up of two gases (78 % nitrogen and 21 % oxygen), with a few other gases (such as carbon dioxide and
argon) present in absolutely minute quantities. We can breathe ordinary air all day long with no ill
effects, so let's use that simple fact to define air pollution, something like this:

Air pollution is a gas (or a liquid or solid dispersed through ordinary air) released in a big enough
quantity to harm the health of people or other animals, kill plants or stop them growing properly,
damage or disrupt some other aspect of the environment (such as making buildings crumble), or cause

some other kind of nuisance (reduced visibility, perhaps, or an unpleasant odour)1.

Industrialization and urbanization have resulted in a profound deterioration of India's air quality. Of
the 3 million premature deaths in the world that occur each year due to outdoor and indoor air
pollution, the highest numbers are assessed to occur in India. According to the World Health
Organization, the capital city of New Delhi is one of the top ten most polluted cities in the world.
Surveys indicate that in New Delhi the incidence of respiratory diseases due to air pollution is about
12 times the national average.1

Air Pollutants : They are the substances which pollute the air. Some of the common pollutants are
dust, soot, ash, carbon monoxide, excess of carbon dioxide, sulphur dioxide, oxides of nitrogen,
hydrocarbons, chlorofluorocarbons(CFC), lead compounds, asbestos dust, cement dust, pollens and
radioactive rays.

Sources of Air Pollution:

1. Natural sources : They are dust storms, forest fires, ash from smoking volcanoes, decay of
organic matters and pollen grains floating in air.
2. Man made sources : Burning of fuels like wood, cow dung cakes, coal and kerosene in
homes pollute the air

Exhaust gases emitted by motor vehicles which pollute the air are the major source of air pollution in big
cities.

1
Gaurav Bansal and Anup Bandivadekar, OVERVIEW OF INDIA’S VEHICLE EMISSIONS CONTROL
PROGRAM: PAST SUCCESSES AND FUTURE PROSPECTS 35 (International Council on Clean
Transportation 2013).
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 Air Pollution and its legal control

 Industries pollute air by releasing various types of pollutants such as sulphur dioxide, oxides
of carbon, nitrogen oxide, chlorine, asbestos dust and cement dust.
 Thermal power plants pollute air by emitting sulphur dioxide and fly-ash.

 Nuclear power plants pollute air by releasing radioactive rays.

 Use of fertilisers and pesticides in agriculture pollute the air.

 Mining activities releases particulate matter into the air and pollutes it.

 Indiscriminate cutting of trees and clearing of forests increases the amount of carbon dioxide
in the atmosphere and thereby pollutes it.
 Use of chlorofluorocarbons in refrigeration, fire extinguishers and aerosol sprayers pollutes
air by depleting the ozone layer.
 Smoking pollutes air by emitting carbon monoxide and nicotine.

Effects of Air Pollution:

Hydrocarbons emitted by automobiles are toxic and react with hemoglobin in the blood. The effect of
nitrogen is adverse and permanent. It increases children's susceptibility to diseases like influenza.
Sulphur dioxide in the air spreads air acidity and corrodes buildings. It causes irritation to various
parts of the respiratory systems.

The heart may be damaged by air pollution, secondary to lung diseases. Nitrogen dioxide results in
pulmonary edema and aggravation of coronary disease. Toxic effects of lead pollution include
impaired IQ development defects in children. These are few of the many effects of air pollution on
human beings.
Top 10 Gases causing air pollution2 :

1. Sulfur dioxide: Coal, petroleum, and other fuels are often impure and contain sulfur as well
as organic (carbon-based) compounds. When sulfur (spelled "sulphur" in some countries)
burns with oxygen from the air, sulfur dioxide (SO2) is produced. Coal-fired power plants are
the world's biggest source of sulfur-dioxide air pollution, which contributes to smog, acid
rain, and health problems that include lung disease.

2. Carbon monoxide: This highly dangerous gas forms when fuels have too little oxygen to
burn completely. It spews out in car exhausts and it can also build up to dangerous levels
inside your home if you have a poorly maintained gas boiler, stove, or fuel-burning appliance.
(Always fit a carbon monoxide detector if you burn fuels indoors.)

2
National Action Plan on Climate Change, Prime Minister’s Council on Climate Change, Government of India
(2008)
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 Air Pollution and its legal control

3. Carbon dioxide: This gas is central to everyday life and isn't normally considered a
pollutant: we all produce it when we breathe out and plants such as crops and trees need to
"breathe" it in to grow. However, carbon dioxide is also a greenhouse gas released by engines
and power plants. Since the beginning of the Industrial Revolution, it's been building up in
Earth's atmosphere and contributing to the problem of global warming and climate change.

4. Nitrogen oxides: Nitrogen dioxide (NO2) and nitrogen oxide (NO) are pollutants produced as
an indirect result of combustion, when nitrogen and oxygen from the air react together.
Nitrogen oxide pollution comes from vehicle engines and power plants, and plays an
important role in the formation of acid rain, ozone and smog. Nitrogen oxides are also
"indirect greenhouse gases" (they contribute to global warming by producing ozone, which is
a greenhouse gas).

5. Volatile organic compounds (VOCs): These carbon-based (organic) chemicals evaporate

easily at ordinary temperatures and pressures, so they readily become gases. That's precisely
why they're used as solvents in many different household chemicals such as paints, waxes,
and varnishes. Unfortunately, they're also a form of air pollution: they're believed to have
long-term (chronic) effects on people's health and they also play a role in the formation of
ozone and smog.

6. Particulates: These are the sooty deposits in air pollution that blacken buildings and cause
breathing difficulties. Particulates of different sizes are often referred to by the letters PM
followed by a number, so PM10 means soot particles of less than 10 microns (10 millionths of
a meter or 10µm in diameter). In cities, most particulates come from traffic fumes.

7. Ozone: Also called trioxygen, this is a type of oxygen gas whose molecules are made from
three oxygen atoms joined together (so it has the chemical formula O3)3

3
World Commission on Environmental law and development, 1987
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 Air Pollution and its legal control

8. Chlorofluorocarbons (CFCs): Once thought to be harmless, these gases were widely used in
refrigerators and aerosol cans until it was discovered that they damaged Earth's ozone layer.
We discuss this in more detail down below.

9. Unburned hydrocarbons: Petroleum and other fuels are made of organic compounds based
on chains of carbon and hydrogen atoms. When they burn properly, they're completely
converted into harmless carbon dioxide and water; when they burn incompletely, they can
release carbon monoxide or float into the air in their unburned form, contributing to smog.

10. Lead and heavy metals: Lead and other toxic "heavy metals" can be spread into the air either
as toxic compounds or as aerosols (when solids or liquids are dispersed through gases and
carried through the air by them) in such things as exhaust fumes and the fly ash (contaminated
waste dust) from incinerator smokestacks.

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 Air Pollution and its legal control

GENISIS OF AIR ACT, 1981

In the UN Conference on the Human Environment held in Stockholm in June, 1972 (“Stockholm
Conference”), the Stockholm Declaration was proclaimed and resolution was taken for preservation of
environment and prevention and control of pollution. India was also a party to the Stockholm
Conference and in pursuance of the undertaking taken in Stockholm, the Government of India under
Article 253 of the Constitution of India enacted the Air (Prevention and Control of Pollution) Act,
1981 (“Air Act”) for the prevention, control and abatement of air pollution and further to implement
the provisions of the Air Act, enacted the Air (Prevention and Control of Pollution) Rules, 1981 (“Air
Rules”).
The Air Act has been enacted on the same lines as the Water Act, 1974 which was promulgated to
control water pollution. The Air Act consists of fifty four (54) Sections divided into seven (7)
chapters. Air pollution, according to the Air Act means the presence of any “air pollutant” in the
atmosphere. The definition of Air pollutant is so wide that it encompasses any solid, liquid or gaseous
substance including noise present in the atmosphere to such an extent that it is injurious to human,
living creatures, property or environment.
The Air Act confers the regulatory power to the Central Pollution Control Board (“CPCB”) and the
State Pollution Control Board (“SPCB”) to prevent and control the air pollution.

ROLE OF CPCB AND SBCBS :

The CPCB and the SPCBs have been given the role to improve the quality of air and to prevent,
control or abate air pollution. The various functions and powers of the CPCB and the SPCB are
respectively provided under Section 164 and Section 175 of the Air Act. The CPCB is bound by the
direction of the Central Government and SPCB is bound by directions of the CPCB and the State
Government.6

FUNCTION OF CPCB :

a) Advice the Central Government on improvement of air quality and prevention, control or
abatement of air pollution and to provide training to persons engaged in such programs
b) Prescribe the standards for air quality

4
Section 16, Air Act 1981
5
Section 17, Air Act 1981
6
Section 18 (1) , Air Act 1981

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 Air Pollution and its legal control

c) Execute nation-wide programs for prevention, control or abatement of air pollution and
training to persons engaged in such programs
d) Give direction to SPCBs, co-ordinate between SPCBs and provide any technical
assistance, guidance and resolve the disputes among SPCBs
e) Collect and publish technical and statistical data relating to air pollution

f) Organize mass media programs for prevention, control or abatement of air pollution.
g) Establish or recognize laboratory(ies) to perform the various functions mentioned under
Section 16 of the Air Act

FUNCTION OF SPCBs :

a) Plan comprehensive program for the prevention, control or abatement of air pollution

b) Advice the State Government on any matter concerning the prevention, control or abatement of air
pollution

c) Prescribe the standards for emission of air pollutants into the atmosphere in consultation with
CPCB

d) Collaborate with CPCB in providing training to persons engaged in the prevention, control or
abatement of air pollution and also to organize mass education programs.

e) Collect and disseminate information regarding air pollution

f) Inspect air pollution control areas, any control equipment, industrial plat or manufacturing process
and assess the quality and further to give order or direction

g) Establish or recognize laboratory to perform the various functions mentioned under Section 17 of
the Air Act

h) To give directions in writing for (a) stoppage or regulation of electricity, water or any other
services; or (b) the closure, prohibition or regulation of any industry, operation or process.7

7
Section 31(1), Air Act
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 Air Pollution and its legal control

POWER OF STATE GOVERNMENT:

The State Governments has the power to declare any area as air pollution control area after
consultation with the SPCB8. The State Government, after consultation with the SPCB, can prohibit
use of any fuel, other than approved fuel in any area if it feels that the use of the fuel will pollute the
atmosphere9. Further, in order to prevent air pollution, the State Governments have the power to
prohibit the use of any appliance10. If the State Government is of the view that burning of any
substance (other than a fuel) may cause or likely to cause air pollution, it can prohibit burning of such
material by notification through official gazette11. The State Government also has the power to
instruct the authority in charge of the Motor Vehicles Act, 1939 to adhere to the standards for
emission of air pollutants from automobiles which are stipulated by the SBCB12.

8
Section 19 (1) of the Air Act
9
Section 19 (3) of the Air Act
10
Section 19 (4) of the Air Act
11
Section 19 (5) of the Air Act
12
Section 20 of the Air Act

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 Air Pollution and its legal control

WORKING OF THE AIR ACT, 1981

CONSENT:

In order to control air pollution, the Act has declared certain areas as ‘Air Pollution Control Area’ and
the Act has made it mandatory for an entrepreneur to obtain consent from the SPCB, if he is running
or establishing any industry or process, which discharges pollutants into air and polluting the air in an
‘Air Pollution Control Area’. SPCB may either grant consent or reject the application for reasons to
be recorded in writing. Generally, the Consent Application is disposed off within 4 months of receipt
of the same.

The consent can be obtained in two phases :

1. PRIOR CONSENT: Prior consent from the SPCB 13 is to be obtained before establishing an
industry or process in an ‘Air Pollution Control Area’. The prior consent is generally grated
with certain conditions and the said conditions can further be modified or new ones can be
added. A person seeking consent has to apply in Form I along with the applicable fees. The
SPCB may send its official for site visit and further information and clarification can be
sought orally or in writing.
2. CONSENT TO OPERATE: The second type of “Consent” is required from the SPCB
once the industry or process plant is established by the entrepreneur with the required
pollution control systems. The consent to operate is given for a particular period and it
needs to be renewed regularly.

Any consent by SPCB generally requires the compliance with the following conditions 14:

a) Control equipment of such specification as the SPCB may approve.

b) Control equipment is required be kept at all times in good running condition.

c) Chimney, wherever necessary, of such specifications as the SPCB may approve.

d) Any other conditions specified by the SPCB.

13
Section 21 of the Air Act
14
Section 21 (5) of the Air Act

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 Air Pollution and its legal control

If any of the conditions specified in the consent are not adhered by the Industry, SPCB may also
industry after giving a reasonable opportunity of being heard.

INSPECTION BY SPCB: SPCB has the power to give its officer(s) the right of entry and
inspection, at the premise of any entity, to check any violations of the Act15. The officer is vested
with the power to take sample of air or emission. Section 26 describes the procedure of collection of
sample, wherein it is prescribed that, the sample of emission is to be taken by the officer in presence
of the agent or the occupant, and sample is required to be placed in a marked and sealed container.
Thereafter, the agent or occupant is required to sign the marked container which will be counter
signed by the officer before sending the sample to the analyst/laboratory. The report from the
laboratory is sent to the occupier as well as to the State Board. This report is used as evidence before
the SPCB and the Courts.

APPELLATE PROCESS: Every State is required to constitute an Appellate Authority to dispose

of any appeal against an order of the SPCB16. A person aggrieved by any order of SPCB can file an
appeal within thirty (30) days the Appellate Authority17. Further, a person aggrieved by the order of
Appellate Authority can appeal to the National Green Tribunal under Section 3 of the National
Green Tribunal Act, 2010.

ROLE OF CIVIL COURTS: The Act stipulates the Civil Courts not to entertain any suit, which the
Appellate Authority is empowered to decide18. Therefore, an aggrieved person can only challenge an
order of SPCB before the Appellate Authority. The Civil Court can take cognizance of any offence
only if the complaint is made by a Board or any authorized officer of the Boards. Furthermore, no
Court inferior to a Metropolitan Magistrate or a Judicial Magistrate of First Class can try any offence
falling under the Air Act.

It may be noted that if in any particular area the emission is more than the prescribed limit than as
per Section 22A, the SPCB can approach the Court to restrict any such person or entity causing
pollution.

15
Section 26 (1) of the Air Act
16
Section 30 (2) of the Air Act
17
Section 31 of the Air Act
18
Section 46 of the Air Act
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TAJ TRAPEZIUM CASE

INTRODUCTION:

The Taj Mahal, an ivory-white marble mausoleum, is acclaimed to be one of the most priceless
national monuments, of surpassing beauty and worth, a glorious tribute to man’s achievement in
Architecture and Engineering. However, the Taj is threatened with deterioration and damage not
only by the traditional causes of decay, but also by changing social and economic conditions
which exacerbate the situation. The Taj, a monument of international repute, is on its way to
degradation due to atmospheric pollution. The degradation of the Taj Mahal led M.C. Mehta, an
environmentalist and a public interest attorney to file a public interest litigation before the
Supreme Court in 1984. The petitioner sought appropriate directions to authorities concerned to
take immediate steps to stop air pollution in the Taj Trapezium Zone and save the Taj Mahal.

FACTS:

“The ‘Taj Trapezium Zone’ (TTZ) referred to in the case is a 10,400 sq.km trapezium- shaped
area covering the five districts of the Agra region.

According to the petitioner, the foundries, chemical/hazardous industries and the refinery at
Mathura are the major sources of pollution in Agra Region as stated in the report of the Central
Pollution Control Board. The Sulphur Dioxide emitted by the Mathura Refinery and other
industries when combined with Oxygen with the help of moisture in the atmosphere forms
sulphuric acid also called “Acid rain” which has a corroding effect on the gleaming white marble.
Industrial emissions, brick-kilns, vehicular traffic and generator-sets are principally responsible
for polluting the ambient air around Taj Trapezium Zone (TTZ). The petitioner averred that the
white marble has yellowed and blackened in places and the decay is more apparent inside.

In this case, the Supreme Court examined several reports presented by different stakeholders. The
report by the Varadharajan Committee called “Report on Environmental Impact of Mathura
Refinery” published in 1978 was examined. The report concluded that the sources of pollution in
the Agra region were all coal users. The Committee recommended the relocation of existing small
industries and underscored the use of clean technologies.

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The National Environment Engineering Research Institute (NEERI) gave an “Overview Report”
in 1990 observing that there was high impact of the air quality on the Taj due to the rapid
industrial development of Agra-Mathura region resulting in acidic emissions into the atmosphere
at an alarming rate.

As a result of this petition, the Hon’ble Supreme Court of India passed a series of orders from
1993. On 8-1-1993, the Supreme court directed the U.P. Pollution Control Board (the Board) to
get a survey done of the area and prepare a list of all the industries and foundries which are the
sources of pollution in the area. The Board accordingly filed an affidavit dated 3-5-1993 reporting
the findings of its survey. It categorized the industries and reported that there were total of 511
industries in the given area. Pursuant to the Court’s order dated 8-1-1993, notices were issued to
all these industries to install anti- pollution mechanisms.

NEERI in its report submitted in October 1993 recommended the use of natural gas as an
alternative. The Court by the order dated 11-2-1994 asked NEERI to examine the possibility of
using Propane or any other safe fuel instead of coal/coke by the industries in the TTZ.

The Court on 11-4-1994 examined the NEERI Report dated July 1993 which found that the
industries in the TTZ were the main sources of pollution causing damage to the Taj. Pursuant to
the Order dated 11-4-1994, the MoEF appointed Varadharajan Committee submitted its report
regarding preservation of Taj Mahal and Agra monuments in two volumes. The Supreme Court
examined the NEERI Report dated July 1993 and the Varadharajan Committee Report, both of
which, suggested the relocation of the polluting industries situated in the Taj Trapezium to an area
outside the TTZ. The Supreme Court directed the MoEF to examine both the reports and indicate
the measures the Ministry intended to take to preserve the Taj Mahal. The Court subsequently
passed an order indicating that in a phased manner, the industries located in Agra be relocated out
of TTZ.

The Supreme Court on 14-3-1996 directed the GAIL, Indian Oil Corporation (IOC) and the U.P.
State Industrial Development Corporation to identify industrial areas outside the TTZ which
would be connected with the gas supply network. The Court held that those industries which were
not in a position to get gas connections or which were otherwise polluting may have to be
relocated outside the TTZ.

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There were four NEERI reports, two Varadharajan reports and several reports by the Board which
were placed on record before the Hon’ble Court. After examining all the reports and taking into
consideration other material on the record, the Supreme Court held that the industries in the TTZ
were active contributors to the air pollution in the said area. NEERI and Varadharajan Reports
had specifically recommended the relocation of industries from the TTZ.”19

JUDGEMENT:

The final judgment was delivered on 30th December 1996 by a Division Bench comprising of
Justice Kuldip Singh and Justice Faizan Uddin.20

The Court applied the principle of Sustainable Development in this case observing that there
needs to be a balance between economic development and environmental protection. The Court
indicated that relocation of the industries from TTZ was to be resorted to only if Natural Gas was
not acceptable/available by/to the industries as a substitute for coke/coal.

Although the Board had placed on record a list of 510 industries which were responsible for air
pollution, the Supreme Court confined the order only to 292 industries located and operating in
Agra. The industries operating in TTZ which were given gas connections need not relocate.

The Court reaffirmed the “Precautionary Principle” and “Polluter Pays Principle” laid down in
Vellore Citizens Welfare Forum v. Union of India . The ‘Polluter Pays Principle’ has been held to
be a sound principle by the Supreme Court in Indian Council for Enviro- Legal Action vs. Union
of India. Remediation of the damaged environment is a part of the procedure of ‘Sustainable
Development’ and as such the polluter would be liable to compensate the individual sufferers as
well as the cost of reversing the damaged ecology.

The Court relied upon Article 21 of the Constitution of India which guarantees protection of life
and personal liberty and also upon directive principles of state policy and fundamental duties
enshrined under Articles 47, 48-A and 51-A (g) of the Constitution. Apart from the constitutional
mandate to protect and improve the environment, the Court also relied upon several statutory
enactments such as The Water (Prevention and Control of Pollution) Act, 1974, the Air
(Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986. In
view of the above-mentioned constitutional and

19 1987 AIR 1086

20
Ibid
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 Air Pollution and its legal control

statutory provisions, the Court was of the view that the Precautionary Principle and the Polluter
Pays Principle are part of the environmental law of the land.

Based on the reports of various authorities mentioned in this judgment, Supreme Court had
reached the finding that the emissions generated by the coke/coal consuming industries were air-
pollutants and had damaging effect on the Taj and also to the people living in the TTZ.

In view of the precautionary principle relied upon by the Court, the environmental measures
should anticipate, avert and attack the causes of environmental degradation. The “onus of proof”
was on an industry to show that its operation with the aid of coke or coal was environmentally
benign. It was, rather, proved beyond uncertainty that the emissions generated by the use of
coke/coal by the industries in TTZ were the main polluters of the ambient air.

The court held that the above-mentioned 292 industries shall as per the schedule indicated change-
over to natural gas as an industrial-fuel and the industries which were not in a position to get gas
connections for any reason would stop functioning with the aid of coke/coal in the TTZ and may
relocate themselves as per the orders given by the Supreme Court.

CONCLUSION:

The final judgment was delivered on 30th December 1996 by a Division Bench comprising of
Justice Kuldip Singh and Justice Faizan Uddin.21
The Court applied the principle of Sustainable Development in this case observing that there needs
to be a balance between economic development and environmental protection. The Court indicated
that relocation of the industries from TTZ was to be resorted to only if Natural Gas was not
acceptable/available by/to the industries as a substitute for coke/coal. Although the Board had
placed on record a list of 510 industries which were responsible for air pollution, the Supreme
Court confined the order only to 292 industries located and operating in Agra. The industries
operating in TTZ which were given gas connections need not relocate.

21
Ibid
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 Air Pollution and its legal control

The Court reaffirmed the “Precautionary Principle” and “Polluter Pays Principle” laid down in
Vellore Citizens Welfare Forum v. Union of India . The ‘Polluter Pays Principle’ has been held to
be a sound principle by the Supreme Court in Indian Council for Enviro- Legal Action vs. Union of
India. Remediation of the damaged environment is a part of the procedure of ‘Sustainable
Development’ and as such the polluter would be liable to compensate the individual sufferers as
well as the cost of reversing the damaged ecology.

The Court relied upon Article 21 of the Constitution of India which guarantees protection of life
and personal liberty and also upon directive principles of state policy and fundamental duties
enshrined under Articles 47, 48-A and 51-A (g) of the Constitution. Apart from the constitutional
mandate to protect and improve the environment, the Court also relied upon several statutory
enactments such as The Water (Prevention and Control of Pollution) Act, 1974, the Air
(Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986. In
view of the above-mentioned constitutional and statutory provisions, the Court was of the view
that the Precautionary Principle and the Polluter Pays Principle are part of the environmental law
of the land.

Based on the reports of various authorities mentioned in this judgment, Supreme Court had
reached the finding that the emissions generated by the coke/coal consuming industries were air-
pollutants and had damaging effect on the Taj and also to the people living in the TTZ.

In view of the precautionary principle relied upon by the Court, the environmental measures
should anticipate, avert and attack the causes of environmental degradation. The “onus of proof”
was on an industry to show that its operation with the aid of coke or coal was environmentally
benign. It was, rather, proved beyond uncertainty that the emissions generated by the use of
coke/coal by the industries in TTZ were the main polluters of the ambient air.

The court held that the above-mentioned 292 industries shall as per the schedule indicated change-
over to natural gas as an industrial-fuel and the industries which were not in a position to get gas
connections for any reason would stop functioning with the aid of coke/coal in the TTZ and may
relocate themselves as per the orders given by the Supreme Court.

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CONCLUSION

Air pollution is an important problem facing by our society. The solutions require a global
approach. The international agencies (e.g. UN) are playing an active role in developing treaties
(see chapter on regulations). The level of activity to control air pollution varies from one nation to
another. A part of the pollution problem is caused by our desire to progress. The progress leads to
movement of more people to a developed area and increased consumption of resources. The
solution to the pollution problem involves politics, economics, science, technology, sociology
and life style changes.

Not understanding the consequences of pollution is also part of the problem. For years, people
thought that they could safely get rid of garbage, sewage, exhaust, and other waste products by
throwing them away, flushing them down the drain, or releasing them into the air. Thus basic
awareness and appropriate education in conjunction with that awareness is called for.

The primary criticism is that the Act has not made India into a less polluted country. This may be
due to a variety of reasons including the lack of infrastructure for the Ministry of Environment
and Forests, the SPCB and the CSCB, insufficient manpower with the Government for effectively
implementing the Act, lack of political will, etc. Further, the industry also did not come forward
with developing new technologies to combat air pollution. Some critics have attributed the reason
for this behavior of the industry to the lesser quantum of punishment for the offences mentioned
in Act. The industries choose to pay the penalties rather than complying with the provisions of the
Act, as the penalties seemed to be many times cheaper than the profits made during the period of
violations.

Are we prepared to change our lifestyle to reduce air pollution? This question will come over
again and again as we prepare ourselves for the next century.

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BIBLIOGRAPHY

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

 Air (Prevention and Control of Pollution) Rules, 1982

 The WHO, Ambient (outdoor) air pollution in cities database 2014

Books

 Environmental Law, P.S. JASWAL, NISHTHA JASWAL

 K. Vinod Razdan, Air pollution, legislative controls and judicial response.

 K.R. Smith, National burden of disease in India from indoor air pollution.

 P. Leelakrishnan, ENVIRONMENTAL LAW IN INDIA,

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