PORTIONS FOR ENVIRONMENTAL LAW

Air Act

1. Objectives
2. Definitions
3. Authorities
4. CPCB, SPCBPowers and functions
5. Penalty provisions
6. Taj Trapezium case, vehicular pollution case, oleum gas leakage
case

Water Act

1. Introduction:

THE WATER (PREVENTION AND CONTROL OF POLLUTION)

ACT, 1974: ‘Water’ being a ‘state subject’, the Parliament can
exercise the power to legislate on “water” only under Articles 249 and
252 of the Constitution of India. In pursuance of Art.252 (1) of the
Constitution, resolutions were passed by all the Houses of the
legislature to the effect that the matters relating to prevention and
control of water pollution should be regulated by the Parliament by
Law. Accordingly, the Parliament enacted the Water (Prevention and
Control of Pollution) Act, 1974. The Water Act represents one of the
India’s first attempts to deal with an environmental issue
comprehensively. The Water Act was amended in 1978 and again
amended in 1988 to conform to the provisions of the Environment
(Protection) Act, 1986. It extend to whole India except Jammu and
Kashmir.

2. Objectives

The purpose of the legislation is not only the prevention and control
of Water Pollution but also the maintenance and restoration of the
wholesomeness of water. This specialized legislative measure is
meant to tackle one facet of environmental pollution. The
fundamental objective of the Water Act is to provide clean drinking
water to the citizens . Its main Objectives are as follows:

i) To prevent and control of water pollution and the maintaining or

restoring of wholesomeness of water.
ii) To establish Central and State Boards for the prevention and
control of water pollution.
iii) To provide fo powers and functions to such boards relating
thereto and for matters connected therewith.
iv) To provide penalties for the contravention of the provisions of
the Water Act.
v) To establish Central and State water-testing laboratories to
enable the Board to assess the extent of pollution.
3. Definition

Section 2 of the water Act, 1974 deals with definitions. Some of the
important definitions are as follows:

According to Sec. 2 (d) of this Act, the term ‘Occupier’ is defined as,
“in relation to any factory or premises, means the person who has
control over the affairs of the factory or the premises, and includes, in
relation to any substance, the person in possession of the substance.”

Section 2 (e) of the Act defines ‘Pollution’ means such contamination

of water or such alteration of the physical, chemical, biological
properties of water or such discharge or any sewage or trade effluent
into water whether directly or indirectly likely to create a nuisance
such water is harmful or injurious to public health or safety, or to
domestic, agricultural or other legitimate uses, or to the life and health
of animals or plants or of aquatic organisms.

Section 2 (g) ‘Sewage Effluent’ means effluent from any sewage

system or sewage disposal works and includes sullage from open
drains.

Section 2 (J) “Stream” includes – river, water course (whether

flowing or for the time being dry), inland water (whether natural or
artificial), sub-terranean waters, Sea or tidal waters

Section 2 (k) “Trade Effluent” includes any liquid, gaseous or solid

substance which is discharged from any premises used for carrying on
any industry operation or process.

4. Authorities

The problem of pollution of rivers and streams has assumed

considerable importance and the urgency in recent years as a result of
the growth of industries and urbanization. Thus, to ensure that the
domestic and industrial effluents are not allowed to be discharged into
the watercourses without adequate treatment as such discharges
would render the water unsuitable as aforesaid drinking water as well
as also putting fresh life and other aquatic animals in trouble

Chapter II which deals with the Constitution of Central and State

Boards; Chapter III with the Constitution of Joint Boards and Chapter
IV which deals with powers and functions of various boards.

Constitution of state and central board:

Section 3(2) he Central Board is constituted by the Central

Government and is called Central Pollution Control Board. It is a
body corporate having perpetual succession and a common seal with
power to acquire, hold and dispose of property and to contract. And
also It may in the name of Central Board sue or be sued. Thus its a
legal person

Section 4 of the Act empowers the State Governments to constitute a

‘State Pollution Control Board’ in their respective States by
notification in the Central Gazette, appoint, constitute a State
Pollution Control Board and has legal personality.

Terms and conditions of Service of Members

Section 5

i) a member of a Board, other than a member Secretary shall

hold office for a term of three years from the date of his
nomination. But he shall continue to hold his office even after
 the expiry of his term until his successor enters upon his
office.
ii) a member of Board may be removed before expiry of his
term of office either by the Central Government or by the
State Government as the case may be after giving him a
reasonable opportunity of showing cause against him
iii) a member of the Board other than the member Secretary shall
be deemed to have vacated his seat if he is absent without
reasons sufficient in the opinion of the Board from three
consecutive meetings of the Board
iv) a member of a Board shall be eligible for re-nomination

State of Manipur v. ChandamManihar Singh, 19 the Supreme Court

held that under Section 5 the term of office of a member of a Board,
which would include the Chairman as laid down by Section 4(2) (a)
of the Water Act.

Disqualifications:

Section 6 of the Water Act prescribes the following disqualifications

for membership of the Board.

i) Insolvency, or
ii) Unsound mind declared by competent court, or
iii) Conviction for an offence involving moral turpitude, or
iv) Conviction for an offence under the Water Act,
v) For abusing position as a member of the Board which become
detrimental to the interest of the general public
Constitution of Committees:

Section 9 of the Act provides that a Board may constitute as many

committees consisting wholly of members or wholly of other persons
or partly of members and partly of other persons for such purpose or
purposes as it may think fit.

Constitution of Joint Boards:

Section 13 (1) of the Act provides that Joint Boards for a specified
period, which can be further renewed, can be constituted by an
agreement. The agreement may be entered into:

a) two or more Governments of contiguous States, or

b) by the Central Government and one or more Governments of States

adjoining to such Union Territories.

Powers and functions of the board:

Section 16 and 17 of the water act deals with central and state board’s
main functions and powers respectively.

5. Case laws :

Vellore citizens welfare forum v UOI,

principle of precaution the Supreme Court of India had opportunity in

Vellore Citizens Welfare Forums case and A.P. Pollution Control
Board v. M.V. Nayudu and Others to state that it is one of an essential
features of the principle of sustainable development that the
precautionary principle applied at the state level would entail to do
environmental measures to be undertaken by the State governments
and other local bodies to anticipate, prevent and where possible
mitigate environmental degradation; where activities pose a threat of
ecological damage which is irreversible lack of scientific uncertainty
should not be cited as a reason for continuing with an hazardous
activity; and the burden of proof would be on the actor i.e. the
industrialist or the developer to prove that his activity is
environmentally benign.

Indian council for enviro legal action v UOI;

Bichhri is a little-known village in the Udaipur district of Rajasthan.

However, in 1988, a group of chemical industries established plants to
produce hydrochloric acid and related chemicals for export. Although
the production of this acid is prohibited in European countries

The factories’ waste products amounted to between 2,400 and 2,500

metric tonnes that were highly toxic directly affected by the
groundwater pollution. In February 1996, the Court declared the final
order. It stated that ‘absolute liability’ rested with the rogue industries
to compensate for the harm caused by them to the villagers

The Court invoked the ‘polluter pays’ principle and empowered the
central Government to determine and recover the cost of remedial
measures from the industries. Thus by the application of Article 21,
‘absolute liability’ and the ‘Polluter Pays Principle’ makes the case a
landmark judgment in India’s emerging environmental jurisprudence.

Sterlite industries (India) v UOI;

MC Mehta v UOI (Kanpur)

M. C. Mehta v. Union of India, Ganga Pollution case (AIR 1998 SC

1037) The tanning industries located on the banks of Ganga were
alleged to be polluting the river. The Supreme Court issued directions
to them to set up effluent plants within six months from the date of
the order. It was specified that the failure to do so would entail
closure of business. The Court concluded that the closure of industries
might result in unemployment and loss of revenue- life, health and
ecology had greater importance. The Court is still monitoring the task
of cleaning the river Ganga.

Environment protection act

The Environment Protection Act, 1986:

It was the Bhopal Gas Tragedy which necessitated the Government

of India to enact a comprehensive environmental legislation,
including rules relating to storing, handling and use of hazardous
waste. On the basis of these rules, the Indian Parliament enacted the
Environment Protection Act, 1986. This is an umbrella legislation that
consolidated the provisions of the Water (Prevention and Control of
Pollution) Act of 1974 and the Air (Prevention and Control of
Pollution) Act of 1981. Within this framework of the legislations, the
government established Pollution Control Boards (PCBs) in order to
prevent, control, and abate environmental pollution.
Bhopas Gas Tragedy –
1. Indian Government realized the price one had to pay for
industrialization.
2. It was the turning point in Indian Environmental history with
both the Supreme Court and the Legislature realizing the
importance of protecting the environment.
No laws on liability and environmental protection – first time India
brought this
legislation into place. The Act purports to place liability of persons
causing environmental damage on the basis of the polluter pays
principle.
Therefore, the objective of the Environment Protection Act is to
protect and improve the environment in the country

The Constitution of India:

The ‘Right to Life’ contained in Article-21 of the Constitution of

India includes the right to clean and human environment ie. the right
to live in a clean and healthy environment.

Article-38 of our Constitution requires State to ensure a social order

for the welfare of people, which can be obtained by an unpolluted and
clean environment only.

Article-48A of the Constitution declares “The State shall endeavour to

protect and improve the environment and safeguard forests and
wildlife of the country.” Article-51A(g) of the Indian Constitution
says: “It shall be the duty of every citizen of India to protect and
improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures.”

Definition:

Section 2 of the EPA deals with definitions. Some important

definitions provided in the Section are:

Section 2 (a) “Environment” includes water, air, and land and the
interrelationship that exists among and between water, air and land
and human beings, other living creatures, plants, micro-organism and
property. This definition is not exhaustive but an inclusive one.

Section 2 (b) “Environmental Pollutant” means any solid, liquid or

gaseous substance present in such concentration as may be, or tend to
be injurious to environment.

Section 2 (c) “Environmental Pollution” means the presence in the

environment of any environmental pollutant . This implies the
imbalance in environment dangerous for health.

Section 2 (e) “Hazardous Substance” means any substance or

preparation which, by reasons of its chemical or physico-chemical
properties or handling, is liable to cause harm to human beings, other
living creatures, plants, micro-organism, property or environment.

1. Sterlite industries case,

Environmental Clearance granted by the MoEF, GoI and Consent
Orders under Air Act and Water Act granted by the TNPCB were
challenged before the Madras HC Appeal - Issues
1. Location of the Unit - as per the report submitted by the NEERI - it
was situated within 25 kms. which actually to be situated outside 25
kms of ecologically sensitive area.
2. EC from MoEF is required for project exceeding 50 crores -
whether public hearing is mandatory?
EIA Notification - 27.01.1994 - public hearing is not mandatory
EIA Notification 10.4.1997 - public hearing is mandatory
EIA Notification 16.01.1995 - EC granted to the appellants

2. MC Mehta Case

In Mehta v Union of India (1998) 6 SCC 63, in order to control the

chaotic traffic conditions and vehicular pollution, the Supreme Court
issued the following directions.

(a) All commercial/transport vehicles which are more than 20 years

old should be phased out and not permitted to ply in Delhi after
October 1998

(b) All such commercial /transport vehicles which are 17 to 19 years

old (3200) shall not be permitted to ply in the National Capital
Territory, Delhi after 1998;
(c) Such of the commercial /transport vehicles which are 15 and 16
years old (4962) shall not be permitted to ply after December 31,
1998

The Supreme Court made this order applicable to all

commercial/transport vehicles whether registered in the National
Capital Territory of Delhi or outside (but ply in Delhi) which are of
more than stipulated age and which do not have any authority to ply
in Delhi.

3. vedanta Aluminum limited v UOI (2011),

MoEF stalled the expansion of the Vedanta Alumina Refinery Project

in Lanjigarh in KalahandiDistrict from one million tonnes/year to six
million tonnes/year.
MoEF issued show cause notice to the industry for non-compliance to
the EIA Notification 2006- getting EC for the expansion.
Appellant – wants to quash the CG notification
But Orissa HC – dismissed the petition

4. T.N.Godavarman Thirumalpad v UOI

Petitioner challenged the legality and the validity of the actions of the
TN State, in destroyingtropical rain forest in the Gudalur and Nilgiris
are in violation of Forest Act, 1927, Forest(conservation) Act, 1980
and EPA, 1986. (Action of the state is to turn the tropical forest
intoplantations thereby issued order for cutting down of rose wood
and teak wood)
Court directed the CG to create a scheme for compensatory
afforestation and thrust the need ofCentral Powered Committee to
manage the funds of Compensatory Afforestation Funds

Section 8 SEC. 8 – HANDLING OF HAZARDOUS SUBSTANCES

: COMPLY WITH PROCEDURAL SAFEGUARDS

K. Purushotham Reddy v. Union of India ( AIR 2002 NOC 138 A.P.)

SC directed the State Pollution Control Board to take steps for
cancellation of authorisation of person found to be not complying
with procedural safeguards

Section 25 POWER TO MAKE RULES

(1) The Central Government may, by notification in the Official

Gazette, make rules for carrying out the purposes of this Act.

(a) the standards in excess of which environmental pollutants shall not

be discharged or emitted under section 7;

(b) the procedure in accordance with and the safeguards in

compliance with which hazardous substances shall be handled

(d) the manner in which samples of air, water, soil or other substance
for the purpose of analysis shall be taken

(f) the functions of the environmental laboratories, the procedure for

the submission to such laboratories of samples of air, water, soil and
other substances for analysis or test
(g) the qualifications of Government Analyst appointed or recognised
for the purpose of analysis of samples

(i) the authority of officer to whom any reports, returns, statistics,

accounts and other information shall be furnished under section 20;

Biomedical waste management Rules

Hospital waste is a potential health hazard to the health care workers,

public and flora and fauna of the area. Hospital acquired infection,
transfusion transmitted diseases, rising incidence of Hepatitis B, and
HIV, increasing land and water pollution lead to increasing possibility
of catching many diseases. Air pollution due to emission of hazardous
gases by incinerator such as Furan, Dioxin, Hydrochloric acid etc.
have compelled the authorities to think seriously about hospital waste
and the diseases transmitted through improper disposal of hospital
waste. the Central Government had to intervene for enforcing proper
handling and disposal of hospital waste and an act was passed in July
1996 and a bio-medical waste (handling and management) rule was
introduced in 1998.

Bio-Medical Waste: Meaning

Bio-medical wastes are defined as waste that is generated during the

diagnosis, treatment or immunization of human beings or animals, or
in research activities thereto, In other words, it includes the following:
 Animal waste: Carcasses, body parts, etc. that have been inoculated
with microorganisms infectious to humans.
 Human blood and blood products: Waste blood and materials
containing free-flowing blood.
 Pathological waste: Tissue coming from biopsies, surgery,
obstetrical procedures or autopsies.
 Sharps waste: All hypodermic needles, syringes & tubing with
needles attached, scalpel blades and lancets.
 Respiratory isolation waste: waste contaminated with blood or other
potentially infectious bodily fluids from humans isolated for disease
spread by respiratory or droplet transmission.

Approach for hospital waste management

Based on Bio-medical Waste (Management and Handling) Rules

1998, notified under the Environment Protection Act by the Ministry
of Environment and Forest (Government of India) following are the
ways for hospital waste management.

1. Segregation of waste

Segregation is the essence of waste management and should be done

at the source of generation of Bio-medical waste e.g. all patient care
activity areas, diagnostic services areas, operation theaters, labour
rooms, treatment rooms etc. The responsibility of segregation should
be with the generator of biomedical waste i.e. doctors, nurses,
 technicians etc. (medical and paramedical personnel). The biomedical
waste should be segregated as per categories mentioned in the rules.

2. Collection of bio-medical waste

Collection of bio-medical waste should be done as per Bio-medical

waste (Management and Handling) Rules. At ordinary room
temperature the collected waste should not be stored for more than 24
hours.

Type of container and colour code for collection of bio-medical

waste

Waste class Type of container Colour

Human anatomical waste Plastic Yellow

Animal waste -do- -do-

Microbiology and -do- Yellow/Red

biotechnology waste

Waste sharp Plastic bag puncture proof Blue/White

containers Translucent

Discarded medicines and Plastic bags Black

Cytotoxic waste

Solid (biomedical waste) -do- Yellow

Solid (plastic) Plastic bag puncture proof Blue/White

containers Translucent
Incineration waste Plastic bag Black

Chemical waste (solid) -do- -do-

3. Transportation

Within hospital, waste routes must be designated to avoid the passage

of waste through patient care areas. Separate time should be
earmarked for transportation of bio-medical waste to reduce chances
of it's mixing with general waste. Desiccated wheeled containers,
trolleys or carts should be used to transport the waste/plastic bags to
the site of storage/ treatment.

Trolleys or carts should be thoroughly cleaned and disinfected in the

event of any spillage.

4. Treatment of hospital waste

Treatment of waste is required:

 To disinfect the waste so that it is no longer the source of infection.

 To reduce the volume of the waste.
 Make waste unrecognizable for aesthetic reasons.
 Make recycled items unusable.

5. Safety measures

5.1 All the generators of bio-medical waste should adopt universal

precautions and appropriate safety measures while doing therapeutic
 and diagnostic activities and also while handling the bio-medical
waste.

5.2 It should be ensured that:

 Drivers, collectors and other handlers are aware of the nature and
risk of the waste.
 Written instructions, provided regarding the procedures to be
adopted in the event of spillage/ accidents.
 Protective gears provided and instructions regarding their use are
given.
 Workers are protected by vaccination against tetanus and hepatitis
B.

6. Measures for waste minimization

As far as possible, purchase of reusable items made of glass and metal

should be encouraged. Select non-PVC plastic items. Adopt
procedures and policies for proper management of waste generated,
the mainstay of which is segregation to reduce the quantity of waste
to be treated. Establish effective and sound recycling policy for plastic
recycling and get in touch with authorised manufactures.

Conclusion

The constant movement of garbage poses a serious threat with

emission levels contributing to bad air quality and the rissk of disease.
While it would be absurd to immediately consider a life without such
hazardous materials, it would definitely be a step towards a cleaner
future by adopting better technologies, including “safe” recyclable
materials and working towards eliminating toxic products in our own
society through proper channel. A policy that makes polluters
responsible for the full social costs of disposing of their solid wastes
is needed. The rule making authority and the judiciary have
performed their task satisfactorily, but they have further to restructure
and advance the regulating machinery so that the biomedical waste
does not transform into an environmental hazard in India.
Dissemination of information and peoples participation will play a
significant role in this regard to curb the growing menace of
biomedical waste.

B L Wadehra v. Union of India4, where a writ was filed under Article

32 of the Constitution of India against the concerned authorities to
provide clean and healthy environment. It was clear from various
provisions of the Delhi Municipal Corporation Act and the New Delhi
Municipal Council Act that the Municipal Corporation (MCD) and
the Municipal Council (NDMC) constituted under Acts are under a
statutory obligation to scavenge and clean the city of Delhi. It is
mandatory for these authorities to collect and dispose of the
garbage/waste generated from various sources in the city.

In response to this, the MCD filed an affidavit in which the issue of

waste from hospitals, dispensaries, maternity and child welfare
cadres, primary health centers and clinics were also referred
Finally examining the facts and circumstances, the court directed the
Government of India, through the Secretary, Ministry of Health,
Government of National Capital Territory of Delhi through the
Secretary, Medical and Public Health, MCD through its commissioner
and the NDMC through its Administrator to construct and install
incinerators in all the hospitals/nursing homes, with 80 beds and
above, under their administrative control. This may be done
preferably within nine months.

The court also directed the MCD and NDMC to issue notices to all
the private hospitals/nursing homes in Delhi to make their own
arrangements for the disposal of their garbage and hospital waste.

This case reflects judicial dynamism, which includes self-sufficiency

of the judiciary in handling and deciding complex technologies medi-
sciences issue and that too in its infancy stage6. The dynamism, if
implemented will bring the judicial justice from the judgment book to
justice in action7.

1. Cases – Black buck poaching case

National green tribunal act

INTRODUCTION

In India, the National Green Tribunal acts as an important player in

Indian environmental regulation. The Supreme Court of India in its
series of judgment highlighted the need of setting up of special
environmental courts, the first one being in 1986 in the Oleum Gas
Leak case, and by the Law Commission of India in its 186th report in
2003. Finally, the National Green Tribunal has been established on
18.10.2010 under the National Green Tribunal Act 2010 for effective
and expeditious disposal of cases relating to environmental 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. It is a specialized
body equipped with the necessary expertise to deal with
environmental disputes involving multi-disciplinary issues.

OBJECTIVE

The objective of establishing a National Green Tribunal are as

follows:

 To provide effective and expeditious disposal of cases relating

to environmental protection and conservation of forests and
other natural resources including enforcement of any legal right
relating to the environment.
 Giving relief and compensation for damages to persons and
property
 And other related matters.
SALIENT FEATURES

The salient features of National Green Tribunal are as follows:

 The NGT is not bound by the procedure laid down under the
Code of Civil Procedure, 1908, but shall be guided by principles
of natural justice.
 NGT is also not bound by the rules of evidence as enshrined in
the Indian Evidence Act, 1872.
 It will be relatively easier for conservation groups to present
facts and issues before the NGT, including pointing out
technical flaws in a project, or proposing alternatives that could
minimize environmental damage but which have not been
considered.
  While passing Orders, decisions, awards, the NGT will apply
the principles of sustainable development, the precautionary
principle and the polluter pays principles. However, it must be
noted that if the NGT holds that a claim is false, it can impose
costs including lost benefits due to any interim injunction.
JURISDICTION

As per Section 14 (1) The National Green Tribunal has jurisdiction

over all civil cases where a substantial question relating to
environment (including enforcement of any legal right relating to
environment), is involved and such question arises out of the
implementation of the enactments specified in Schedule I of the
National Green Tribunal Act 2010. The acts listed in Schedule 1 are:

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

 The Water (Prevention and Control o[Pollution) Cess Act, 1977;
 The Forest (Conservation) Act,
 The Air (Prevention and Control of Pollution) Act, 1981;
 The Environment (Protection) Act, 1986;
 The Public Liability Insurance Act, 1991;
 The Biological Diversity Act, 2002.

The Tribunal shall hear the disputes arising from the questions
referred to in sub- section (I) and settle such disputes and pass orders
thereon.
Appellate jurisdiction under section 16 of the Act. As per Section 15
(1) of the Act, the Tribunal may, by an order, provide,-

(a) relief and compensation to the victims of pollution and other

environmental damage arising under the enactments specified in the
Schedule 1 (including accident occurring while handling any
hazardous substance);

(b) for restitution of property damaged;

(c) for restitution of the environment for such area or areas, as the
Tribunal may think fit.

REVIEW AND APPEAL

Orders can be appealed to the Supreme Court within 90 days.

LANDMARK NGT JUDGEMENTS

Rural Litigation and Entitlement Kendra, Dehradun and Ors. v. State of

U.P. and Ors.[1]

Article 21 of the Indian Constitution has been interpreted to mean

several things. One of such interpretations laid down by the court was
that people do have a right to live in a healthy environment; right to
have the enjoyment of quality of life and living and right of
enjoyment of pollution free water and air for full enjoyment of life.

Almitra H. Patel & Ors. vs. Union of India and Ors.[3]

A complete prohibition on open burning of waste on lands. Absolute

segregation has been made mandatory in waste to energy plants and
landfills should be used for depositing inert waste only and are subject
to bio-stabilization within 6 months.

Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda Hydro

Power Co. Ltd. & Ors.[4]

NGT has directly relied on the principle of ‘polluter pays’ and made a
private entity liable to pay a compensation, making them subject to a
code of environmental jurisprudence.
Public liability insurance act

Section 3, 4, 6, 7, 7A, 16

1. 3. LIABILITY TO GIVE RELIEF IN CERTAIN CASES ON

PRINCIPLE OF NO FAULT (1) Where death or injury to any
person (other than a workman) or damage to any property has
resulted from an accident, the owner shall-be liable to give such
relief as is specified in Schedule for such death, injury or
damage. (2) In any claim for relief under sub-section (I)
(hereinafter referred to in this Act as claim for relief), the
claimant shall not be required to plead and establish that the
death, injury or damage in respect of which the claim has been
made was due to any wrongful act, neglect or default of any
person. Explanation.-For the purpose of this section,- (i)
"workman" has the meaning assigned to it in the Workmen’s
Compensation Act, 1923 (8 of 1923); (ii) "injury" includes
permanent total or permanent partial disability or sickness
resulting out of an accident.
2. 5. 4. LIABILITY OF OWNER TO TAKE OUT INSURANCE
POLICIES (1) Every owner shall take out, before he starts
handling any hazardous substance, one or more insurance
policies providing for contracts of insurance thereby he is
insured against liability to give relief under sub-section (1) of
section 3; Provided that any owner handling any hazardous
substance immediately before the commencement of this Act
shall take out such insurance policy or policies as soon as may
be and in any case within a period of one year from such
commencement. (2) Every owner shall get the insurance policy,
referred to in subsection (1), renewed from time to time before
the expiry of the period of validity thereof so that the insurance
policies may remain in force throughout the period during which
such handling is continued. (2A) No insurance policy taken out
by an owner shall be for a amount less than the amount of the
paid-up capital of the under taking handling any hazardous
substance and owned or controlled by that owner and more than
the amount, not exceeding fifty crore rupees, as may be
prescribed.
3. 6. APPLICATION FOR CLAIM FOR RELIEF (1) An
application for claim for relief may be made- (a) by the person
who has sustained the injury; (b) by the owner of the property to
which the damage has been caused; (c) where death has resulted
from the accident, by all or any of the legal representatives of
the deceased; or (d) by any agent duly authorised by such person
or owner of such property or all or any of the legal
representatives of the deceased, as the case may be: Provided
that where all the legal representatives of the deceased have not
joined in any such application for relief, the application shall be
made on behalf of or for the benefit of all the legal
representatives of the deceased and the legal representatives
who have not so joined shall be impleaded as respondents to the
application. (2) Every application under sub-section (I) shall be
made to the Collector and shall be in such form, contain such
particulars and shall be accompanied by such documents as may
be prescribed. (3) No application for relief shall be entertained
unless it is made within five years of the occurrence of the
accident.
4. 10. 7. AWARD OF RELIEF (1) On receipt of an application
under sub-section (1) of section 6, the Collector shall after
giving notice of the application to the owner and after giving the
parties an opportunity of being heard, hold an inquiry into the
claim or, each of he claims, and may make an award
determining the amount of relief which appears to him to be just
and specifying the person or persons to whom such amount of
relief shall be paid. (2) The Collector shall arrange to deliver
copies of the award to the parties concerned expeditiously and in
any case within a period of fifteen days from the date of the
award. [(3) When an award is made under this section,- (a) the
insurer, who is required to pay any amount in terms of such
award and to the extend specified in sub-section (2B) of section
4, shall, within a period of thirty days of the date of
announcement of the award, deposit that amount in such manner
as the Collector may direct;
5. 11. (b) the Collector shall arrange to pay from the Relief Fund,
in terms of such award and in accordance with the scheme made
 under section 7A, to the person or persons referred to in sub-
section (1) such amount in such manner as may be specified in
that scheme; (c) the owner shall, within such period, deposit
such amount in such manner as the Collector may direct.] (4) In
holding any inquiry under sub-section (1), the Collector may,
subject to any rules made in this behalf, follow such summary
procedure as he thinks fit. (5) The Collector shall have all the
powers of Civil Court for the purpose of taking evidence on oath
and of enforcing the attendance of witnesses and of compelling
the discovery and production of documents and material objects
and for such other purposes as may be prescribed; and the
Collector shall be deemed to be a Civil Court for all the
purposes of section 195 and Chapter XXVI of the Code of
Criminal Procedure, 1973 (2 of 1974).
6. 12. (6) Where the insurer or the owner against whom the award
is made under sub-section (1) fails to deposit the amount of such
award within the period specified under sub-section (3), such
amount shall be recoverable from the owner, or as the case may
be, the insurer as arrears of land revenue or of public demand.
(7) A claim for relief in respect of death of, or injury to, any
person or damage to any property shall be disposed of as
expeditiously as possible and every endeavour shall be made to
dispose of such claim within three months of the receipt of the
application for relief under sub-section (1) of section 6. [(8)
Where an owner is likely to remove or dispose of his property
with a view to evading payment by him of the amount of award,
the Collector may, in accordance with the provisions contained
in rules 1 to 4 of Order XXXIX of the First Schedule to the
Code of Civil Procedure, 1908, (5 of 1908), grant a temporary
injunction to restrain such act.]
7. 13. 7A. ESTABLISHMENT OF ENVIRONMENTAL RELIEF
FUND (1) the Central Government may, by notification in the
official Gazette, establish a fund to be known as the
Environment Relief Fund. (2) The Relief Fund shall be utilised
for paying, in accordance with the provisions of this Act and the
scheme, relief under the award made by the Collector under
section 7. (3) The Central Government may, by notification in
 the Official Gazette, make a scheme specifying the authority in
which the relief fund shall vest, the manner in which the Fund
shall be administered the form and the manner in which money
shall be drawn from the Relief Fund and for all other matters
connected with or incidental to the administration of the Relief
Fund and the payment of relief therefrom.]

16. OFFENCES BY COMPANIES (1) Where any offence under this

Act has been committed by a company, every person who, at the time
the offence was committed, was directly in charge of, and was
responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly. Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in this Act,
if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such
offence.

Forest Act

Indian Forest Act, 1927:

 This Act recognizes forest dwellers’ rights and makes conservation
more accountable.
 The Act basically does two things:

1. Grants legal recognition to the rights of traditional forest dwelling
communities, partially correcting the injustice caused by the forest
laws, and
 2. Makes a beginning towards giving communities and the public a
voice in forest and wildlife conservation.
 The law recognises three types of rights:

1. Land Rights: Land rights are given to people, who have been
cultivating land prior to December, 13, 2005.
2. Use Rights: The law provides for rights to use and/or collect the
minor forest produce things like tendu patta, herbs, medicinal
plants etc “that has been traditionally collected, use of grazing
grounds and water bodies and use of traditional areas by nomadic
or pastoralist communities i.e. communities that move with their
herds, as opposed to practicing settled agriculture.
3. Right to Protect and Conserve: The law gives rights to protect
and manage the forests to people of village communities.
 The Act also categorises forests into three categories:

1. Reserve forest: These forests are the most restricted forests and
may be constituted by the State Government on any forest land or
waste land which is the property of the Government or on which
the Government has proprietary rights. In reserved forests, most
uses by local people are prohibited, unless specifically allowed by a
Forest Officer in the course of settlement.
2. Protected forest: The State Government is empowered to
constitute any land other than reserved forests as protected forests
over which the Government has proprietary rights. Under
‘Protected Forests’, the Government retains the power to issue rules
regarding the use of such forests and retains the power to reserve
the specific tree species in the protected forests. This power has
been used to establish State control over trees, whose timber, fruit
or other non-wood products have revenue-raising potential.
3. Village forest: ‘Village forests’ are the one in which the State
Government may assign to ‘any village community the rights of
Government to or over any land which has been constituted a
reserved forest’.

2. T.N.GodavarmanThirumalpad v UOI
Section 2 of the Act specifies that no state government or other
authority may allow the use of any forest land for any non-
forestry purpose without prior approval from the central
government. Under the new interpretation of forest land under
§2 of the FCA, states could no longer de-reserve protected
forests for commercial or industrial (non-forestry) use without
permission

) All forest activities throughout the country, without the

specific approval of the Central Government must cease
forthwith. Therefore running of saw mills, plywood mills and
mining are all non forest purposes and they cannot carry on with
the Central approval; 2) The felling of all trees in all forest is to
remain suspended except in accordance with the working plan
approved by the Central Government; 3) Complete ban on the
movement of cut trees and timber from any seven north eastern
states of the country either by rail, road or water ways. 4. High
power committee
5) Licenses given to all wood based industries shall stand
suspended; 6) An action plan shall be prepared by the Principal
Chief Conservator of Forest for intensive patrolling and other
necessary protective measures to be undertaken
Doctrine of public trust

The doctrine of public trust has evolved over the years to emerge as
one of the core principles for the judiciary to substantiate the
legitimacy of governmental action that interferes with the use by the
general public of natural resources. The incorporation of this doctrine
into our legal system has resulted in the imposition of a much
required check upon governmental authorities who seek to divest
State control over such natural resources in favour of private parties.
Though the origin of the doctrine can be traced to ancient times and it
is of considerable vintage in theUnited States, its application in the
Indian legal system is a modern development.

The doctrine of Public Trust in the Indian Legal system

The watershed as far as the doctrine of public trust in India came
about after the decision of the Supreme Court in the M.C Mehta v.
Kamal Nath [17]case.

1.2.1 M.C Mehta v. Kamal Nath

Justice Kuldip Singh while delivering the judgment relied extensively
on the doctrine of public trust. The case dealt with certain forest land
which was given on lease to the Motel by the state government
situated at the bank of River Beas. The area which was ecologically
fragile and full of scenic beauty should not have been permitted to be
converted into private ownership and for commercial gains.[18]

common properties such as rivers, seashore, forests and air were held
by the government in trusteeship for the free and unimpeded use of
the general public.

The Supreme Court pointed out that our legal system is based on the
English common law which in turn includes the doctrine of public
trust intrinsic to its jurisprudence. The State is the trustee of all natural
resources which are by nature meant for the use and enjoyment of the
general public. The state is the trustee to such public resources and
consequently it is under a legal duty to protect the natural resources.
These resources meant for public use cannot be converted into private
ownership.[20]

Significantly the court also ordered that the motel shall pay
compensation by way of cost for the restitution of the environment
and ecology of the area. The court also asked the motel to show cause
as to why pollution fine in addition be not imposed on the motel.

1.2.2 M.I Builders v. Radhey Shyam Sahu

held that the decision of the Lucknow Nagar Mahapalika also now
called Nagar Nigam or Corporation, permitting M.I. Builders Pvt.
Ltd. (the appellant herein) to construct underground shopping
complex in the Jhandewala Park situated, Lucknow, was illegal,
arbitrary and unconstitutional. Writ of mandamus was issued to the
Mahapalika to restore back the park in its original position within a
period of three months from the date of the judgment

PATTERN

2*10 (marks) = 20 marks

4*5 (marks) = 20 marks

10*1(marks) = 10 marks