THE AIR (PREVENTION AND CONTROL OF POLLUTION) Act, 1981

Salient Features of Air (Prevention and Control of Pollution) Act, 1981

The Parliament enacted the Air (Prevention and Control of Pollution) Act, 1981 to arrest the
deterioration in the air quality. It is a comprehensive legislation with more than fifty sectionsThe
Act makes provisions for the establishing of Central Pollution Control Board (CPCB) at the apex
level and State Pollution Control Boards at the state level. The CPCB advises the Central
Govenunent on any matter concerning the improvement of the quality of the air and prevention,
control and abatement of air pollution. It also helps to plan and cause to be executed a nation-
wide program for the prevention, control and abatement of air pollution. It provides technical
assistance to and guidance to the State Pollution Control Board. It also lays down standards for
the quality of air.

The SPCBs plan a comprehensive program for prevention, control and abatement of air pollution
and to secure the execution thereof. They also advise the State Government on any matter
concerning prevention, control and abatement of air pollution.

According to this act the "air pollutant"' means any solid, liquid or gaseous substance (including
noise) present in the atmosphere in such concentration as may be or tend to be injurious to
human beings or other living creatures or plants or property or environment.

It makes provisions, interalia, for Central and State Boards, power to de~la_re po_llu_tion c01~trol
· ·
areas, restnct10ns on certain industrial units , authority of the Boards
_ to limit
. em1ss1on of air
pollutants, power o f en try, inspection , taking samples and analysis, penalties, offences by
compames · an d Government and coonizance
o of offences etc.

The main objectives of the Act are as follows:

(a) To provide for the prevention, control and abatement of air pollution.

. bl" lu t of central and State Boards with a view to implement the

(b) To provide for the esta 1s nen
Act.
. lement the provisions of the Act and assign to the
(c) To confer on the Boards the po_w ers to imp
Boards functions relating to pollut1011.
 . b . d areas which are also densely
. ·1 . d trialized and ur amze ' ' . \
Air pollution is more acute m heav1 Y m us . . . d t arious pollutants discharged
. beyond c ertam Lnruts .ue o v t te
populated. The presence of pollution \
.
through industrial emission is momtore d b Y th e PCBs set up m every s a .

CENTRAL AND STATE BOARDS FOR THEPREVENTION AND CONTROL OF AIR

POLLUTION

Central Board for the Prevention and Control of Air Pollution.

The Central Board for the Prevention and Control of Water Pollution constituted under section 3
of the Water (Prevention and Control of Pollution) Act, 1974 (6 of I 974), shall, without ·
prejudice to the exercise and performance of its powers and functions under this Act, exercise the
powers and perform the functions of the Central Board for the Prevention and Control of Air
Pollution under this Act.

State Boards for the Prevention and Control of Water Pollution to be, State Boards for the
Prevention and Control of Air Pollution.

In any State in which the Water (Prevention and Control of Pollution) Act , 1974 (6 of 1974), is
in force and the State Government Ras constituted for that State a State Board for the Prevention
and Control of Water Pollution under section 4 of that Act, such State Board shall be deemed to
be the State Board for the Prevention and Control of air Pollution constituted under section 5 of
this Act and accordingly that State Board for the Prevention and Control of Water Pollution
shall, without prejudice to the exercise and perfonnance of its powers and functions under that
Act, exercise the powers and perform the functions of the State Board for the Prevention and
Control of Air Pollution under this Act.]

Constitution of State Boards.

(I) In any State in which tl~e _Water(Prevention and Control of Pollution) Act, 1974 (6 of 1974),
is not in force, or that Act 1s 111 force but the State Government has not constituted a 8[State
Board for the Prevention and Control of Water Pollution] under that Act, the State Government
shall, with effect from such date as it may, by notification in the Official Gazette, appoint,
constit~te a ~late Boa~d for_ the Preventi_on and Control of Air Pollution under such name as may
be specified 111 the nottficat1on, to exercise the powers conferred on, and perform the functions
assigned to, that Board under this Act.

(2) A State Board constituted under this Act shall consist of the following members, namely:-
 (a) a Chairman, being a person, having a person having special knowledge or practical
experience in respect of matters relating to environmental protection, to be nominated by the
State Government:

Provided that the Chairman my be either whole-time or part-time as the State Government may
think fit;

(b) such number of officials, not exceeding five, as the State Government may think fit, to be
nominated by the State Government to represent that government;

(c) such number of persons, not exceeding five, as the State Government may think fit, to be
nominated by the State Government from amongst the members of the local authorities
functioning within the State;

( d) such number of non-officials, not exceeding three, as the State Government may think fit, to
be nominated by the State Government to represent the interest of agriculture, fishery or industry
or trade or labour or any other interest, which in the opinion of that government, ought to be
represented;

( e) two persons to represent the companies or corporations owned, controlled or managed by the
State Government, to be nominated by that Government;

(f) a full-time member-secretary having such qualifications knowledge and experience of

scientific, engineering or management aspects of pollution control as may be prescribed, to be
appointed by the State Governments

Provided that the State Government shall ensure that not less than two of the members are
persons having special knowledge or practical experience in, respect of matters relating to the
improvement of the quality of air or the prevention, control or abatement of air pollution.

(3) Every State Board constituted under this Act shall be a body corporate with the name
. specified by the State Government in the notification issued under sub-section (I). having
perpetual succession and a common seal with power, subject to the provisions of this Act, to
acquire and dispose of property and to contract, and may by the said name sue or be sued.

Powers and Functions of the Boards:

Central Pollution Board:

The main function of the Central Board is to implement legislation created to improve the quality
of air and to prevent and control air pollution in the country.
r

The-Board advises the Central Govemmen t on matters. con Ceming i'stancethe

andimprovement
guidance to of air
State
. . . .. .des techmca 1 ass
quality and also coordmates act1v1t1es, prov, . II t and disseminates infonnation in
Boards and lays down standards for the qua l'tI Y O fair · It co ec. s s prescribed in the Act.
respect of matters relating to air pollut10n
. an d per f,or ms funcllons a
Functions

Section-16 of this act prescribes the functions of the Centra 1 d. • t.h

. . . . Board and includes giving adviseto
the Cent,aJ Government guidance and techntcal help tot e a e .
. h St t Boards, coor matmg e
act,vn,es
. . . of the state training
' awaceness and d,ssemmahon
. . · ° fm
· fonnation and · plannmg . a .
nattoll\v1de program for the prevention and control of air po ution.
. . ' '. . ·· II · The standards for a1r qua 1ty
have also to be prescribed by the Centrnl Boan!. The Central Boacd may also eS ablish a .1
t
laboratocy o, labornto,ies to assist it in pe,fonning its functions. It may also delegate any of Us
functions to any conunittee fanned by it for the purpose.
State Pollution Control Board:

The State Boacds have the powe, to advise the State Government on any matte, concerning the
prevention and control of ai, pollution. They have the eight to inspect at all ceasonable times any
contml equipment, industrial plant, o, manufactu,ing pmcess and give o,de,s to take the
necessary steps to control pollution,.

Sect ion I 7 of the act prescribes functions or the State Boacds. It inclu<[es 1'a in ing, awaceness,
planning and executing pmgrnms fo, ai, pollution contml, advising the state government in
mattecs ,elating to ai, pollution, collecting and disseminating information, inspecting premises
and giving suitable di,ections fo, ai, pollution control, assessing the ambient ai, quality, laying
down emission standacds in consultation with the Central Pollution Cont,ol Boacd (Standa,ds
presccibed by the Central Government or the Centrnl Pollution Cont,ol Boa,d cannot be ,elaxed
by the State Boa,ds, they can only be made more stringem),advising the state goven,mem on the
suitability of any location fo, an ai, polluting industcy and setting up o, ,ecognizing a laboratot
or laboratories to enable the state board to perform its functions. y

They a,e expected to inspect ai, pollution contrnl aceas at mtecvals o, Wheneve, necessacy. They
°'
are empowered to provide standacds fo, em >Sst.ons to be 1.a,d down f di ffecent industria p Iants
with reg a rd to quantity and composttwn of enuss.on of a" pollutants into the at mosphece.I
B d
A State oa, may establish or recognize a laboratory . .
to perfonn •this function · The Stat e
t h
Govemmen B s d ave been given
. . powers. to declare"" pollutton com,01 . aceas
. aftec consuJr>ng wu
.h
the State oar and also g,ve mstruct,ons
. to ensucc standards of em>ss.on from automobt>es an d
restnct1on
. . on u se of certain industrial plants.

Powers to g ive directions

1
.'nder section-18, the written directions given by the Central Government have to be followed by
the Central Board. Similarly the written directions given by the State Government have to be.
1
0llowed by the State Board. If the directions given by the State Government do not match Wl th
the directions given by the Central Board, then the matter has to be referred to the Central
Government for a decision.

PREVENTION AND CONTROL OF AIR POLLUTION

:~ower to Declare Air Pollution Control Areas:

Under section-19, the State Government may with the help of the State Board declare air
pollution control areas, alter any air pollution control area or declare a new air pollution control
area after altering the existing areas.

The State Pollution C.ontrol Board may also prohibit the burning of any fuel or non fuel material
which is likely to cause air pollution or the operation of any appliance which is not an approved
appliance in an air pollution control area.

Powers to give Instructions for ensuring Standards for Emission from Automobiles:

Under section-20, the State Government in consultation with the State Board shall, with a view
to ensuring compliance to standards prescribed by it with respect to emissions from automobiles,
give such instructions as may be deemed necessary to the concerned authority in charge of
registration of motor vehicles under the Motor Vehicles Act, 1939 (Act 4 of 1939), and such
authority shall be bound to comply with such instructions.

Restriction on use of Certain Industrial Plant

Section-21 makes a provision of Consent of the State Pollution Control Board for establishing or
operating any industrial plant in an air pollution control area. It also lays down procedures for
making the application which has to be in the prescribed forn1 and accompanied by such fees as
may be prescribed, the manner of inquiry and a time limit of four months within which the
consent has either to be granted or refused by the State Board. The consent so granted may be
cancelled or refused before the expiry of the period of consent if the conditions are not complied
with.
Compliance to prescribed standards

Under Section-22 no of
person . any mduSl
havmg . rial p\ant in
f han air pollution control by
da ds prescribed areathecan
State
discharge emissions any air pol utants 111 1
. I . ti e excess o t e stan r
Pollution Control Boards

Power of Board to make an application to Court 1or res o

Pollution: " trainino persons from causing Air

Under section-22A, where a v10\at1on of the em1ss1on s an ar

. . . • · t d ds prescribed by the Board is
app,ehended the Board may make an application to a court, for restraining such person from
emitting such pollutant. The court may issue necessary directions. In case the same are n.ot
complied with, by the person, the court may authorize the Board to implement the d1rect1ons.
Costs so incurred by the Board can be reco"Ored as arrears ofland revenue.
Power of Entry and Inspection:

Under Section-24, any person authorized by a State Board has a tight to enter any place with the
object i" or performing his duties underthc Air{ Prevention and Control of Pollution )Act as
entrusted to him and shall be pro,ided all assistance by the person operating the plant.

Power to obtain Information:

Under Section-25, the State Board or aoy officer empowered by the Board has a eight to seek
infonnation from the occupier or any other person operating the plant (regarding functions as
entrusted
verify the tocorrectness
the officerofinthe
thisinformation.
behalQ. He will also ha,, a tight to inspect the premises in ordec

10
Power to take Samples of Air or Emission and Procedures:

Section-26 empowers the State Board or any officer in this behalf to take samples of air or
emission from any chimney, flue or duct or any other outlet. It also Pres"ibes the Proc d .
giving notice, dividing samples mto
. two pans, ser1dmg
. ooe pan to the Boacd and the Other partor
e Ure
the State air laboratory coas1ttuted by the state government under ''<lion 28 for analysis 1
10

Appeals:
 Under Section-31 any pers •
' on aggrieved by an order made by the State Board under this act may
pre er an appeal before the appellate authority constituted by the state government for the
purpose. The appeal has to be II fil d • . .
. . genera Y I e w1th111 thirty days from the date on which the order
is conunumcated but the a II t h · .
. . . ppe a e aut onty may entertain the appeal after the expiry of thirty
days, if 1t is satisfied that the a II . .
. . ppe ant was prevented by sufficient cause from fihng the appeal
m lime.

Power to Give Directions:

Section-31 A empowers the State Pollution Control Boards in the exercise of their powers and
performance of functions under this Act to issue any direction in writing to any person, officer or
authority. It has also been provided that such person, officer or authority shall be bound to
comply with the directions.

The power to issue directions under this section includes the power to direct for the closure,
prohibition or regulation of any industry, operation or process or the stoppage or regulation of
supply of electricity, water or any other services.

PENAL TIES AND PROCEDURE

Failure to comply with the Provisions 21 or Section 22 or both with the Directions Issued under
section-31

Under Section-37, whoever fails to comply, with the provisions of section-21 or section-22 or
directions issued under section-31 A, shall in respect of each such failure, be punishable with
imprisonment, which shall not be less than one year and six months , but which may extend to six
years and with fine and in case of failure continues, with an additional fine of five thousand
rupees every day.

The persons managing industry are to be penalized if they produce emissions of air pollutants in
excess of the standards laid down by the State Board. The Board also makes applications to the
court for restraining persons causing air pollution.

Penalties for Certain Acts:

Under Section-38, any person who damages any works or property bel~ngin~ to tl~e Board'. or
any notice· or o ti 1e r matter put up under. the .authority
. . of the Board, furnishes false . rnfom1ahon,.
· r
r . 1s to m1orm
1a1 v10· la1·1011 or <apprehension of violation of standards or• makes a • false
•
statement
•
tor
· · 1g <any consent under section• 21 , shall be
the purpose o f o bl a11111 .
pumshable with 11npnsonm
•
enl
for a term which may extend to three months or with fine which may ex tend lo ten thousand
rupees or both.
 .
. Provisions 0 f the Act:

Penalty ,.,or Contravention of Certain . d der the A'If (Prevention and Control of .
. 39 any order or direction issue un'ded e Isew here in this Act, shall behpunishable
Under Section- , . lty has been provt or with fine of tent ousand
which no pena d three mont I1s
Pollution) Act or which may ex ten to .. fine of five thousand rupees
with imprisonment for a term ·1 continues, with an add1ttona 1
rupees or bot h and in case of fat ure
every day.

Offences by Companies: itted was directly in

. f offence was comm ,
Under Section-40, every person who, at the lime o d ct of the business of the company,
. to, the company for
charge of, and was responsible . thefconI
u . bl
ffence and shall be ha e to .b e
d
as well as the company, sha II be eem ed to be guilty o t 1e o 'b d
proceeded against and pums. 11ed accord'111 gly in this act prescn e ·

For the purpose of this section:

(a) ·'Company"'' means any body corporate and •me 1udes a fi.
II m or other association of
individuals; and

(b) '•Director'·, in relation to a firm, means a partner in the firm.

Offences by Government Departments:

Under Section-41, where an offence under this Act has been committed be any Depa11111ent of
Government, the head of the Department or any other officer responsible by way of consent,
connivance or neglect shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.

M. C. Mehta v. Union of India, 1986 (Taj Trapezium Case)

This case is popularly known as the Taj Trapezium case. Taj Trapezium refers to an area of
Jo 400 sq. km. trapezium shaped area around Taj Mahal covering five distri·cts · ti .
' . TaJ. Mahal 1s
Agra . one of the most popular and beautiful . . monuments
. of the mId 1e, region
.. of
the best examples o,r the Mughal architecture • . India.
111 . It was declared as a UNESCO wor · 1 aJ 1s one of
Heritage Site in 1983. In 1984, M.C. Mehta, a public interest lawyer visited T . M World
that the monument ' s mar · ·bl c Ita d t11111e
· d ye 11 ow .ind was pitted · as a result f aJII a I1 al. He saw
before the St po utants fro 111
. . . ,fh1s
. compelled Mehta to file this . pet1t1on
. . 0
nearby industnes
. tpre111eCourt[l].
The writ petition was attached with the report of the ExpertCommittee called " R
E lvl.ronmental Impact of· Mat I1urn· Re ,..111e1y · ., ( vaia. di 1ara.1an
· Committee). p . eport on
G r nln ent of India 111 1978. fhe 1eport md1cated the sources ofpolluti·o . 11ed by the
. . . . . . . u 61 1s
over n 111 t11e Taj Tra .
Zone (1.1,Z) · 'pez1uin
 · :. c c entral Board IOr the Prevent ion and Contro I of Water Pollutton, f Poll ul ionits
. New Delhi, published
,•port on (Control of Urban Pollution . Senes)
. Ille
. 1 d as "I nven tory and . . A ra and its
. Assessmen
10
. nission in and Around Agra-Mat Irnra Region · "· It ca tegorized the industries mII g· levels and
outskirts into seven different categories. They gave some stat,Slics a . d lacino
- · bOut the po ut1on
,;,ey were quite high. And said that by closing down two t enna pow ,
. )al by diesel in the railway yards Sulphur .d1ox1 e em1ss1onsh canJ er stations an rep 0
· ·d · · be cut down by 501/o .
·. :1e Petitioner argued that -

; he foundries, chcm,cal mdustnes, and the refinery are I e maJor sources o .

. . . . h · f the damage to the
Taj Mahal. Gases like Sulphur-dioxide emitted by these industries combine with Oxygen wuh
the help ot moisture 111 the atmosphere and resu t 111 c1 am . 11
· · · I · "A ·d R · " Tl ·s has a corroding effect on
the marble of the Taj Mahal. Damage to the marble used in the Taj Mahal is visible. A yellow
pallor pervades the entire monument. At some places the yellow spots are magnified by ugly
brown and black spots. Taj Mahal is a monument of international repute. However, it is on its
way to degradation due to atmospheric pollution. Thus, the petitioner sought directions from the
Court to the authorities to take effective measures against the concerned polluters.

llie Supreme Court after hearing M.C. Mehta and taking cognizance of the report on the
'Contm I of Urban Pollution ' by the C entra I Pollution Control Board reached to the conclusion
that the main sources of pollution are iron foundries, ferro-alloyed industries. rubber processing,
lime processing, engineering, chemical industry, brick refractory and vehicles. The Court further
directed the U.P. Pollution Control Board (U.P.P.C.B.) 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 court directed the U.P.P.C.B. to issue notices to all the foundries and industries in that
said industries/foundries.
region to satisfy the Board that necessary anti-pollution measures have been undertaken by the

The U.P.P.C.B. recognized 51 I industries as directed by the court and issued notices to them.
Thecourt considered theaffidavit of the Board. The court ordered the concerned industries file
their replies to the notices by 5th May, 1993. The Court also directed the U .P. p. C.B. to issue a
public nolice by getting the same published in any two local newspapers and two national
plants.
newspapers calling upon the concerned industries to install anti-pollution mechanism treatment

The Varadharajan commi_"ee submitted its report regarding preservation ofTaj Mahal and Agra
monuments . By takmg tins report into consideration the court directed Ministry f En vironmen
& Forests, Government oflndia and the State of Uttar Pradesh to come up with aO relocation
scheme so that all the industries can be shifted in a phased manner. 1
 The Court relied on Ve/lore C,t,zens Welfare 1 ·or1t 111
• • i::- v. Union of India and Ors., to define the
" P recaut1onary
· p nnc1p
· · Ie" an d "Th e Polluter pays principle".

In the words of the Court The " Precautionary Principle·· means:

(1) Environmental measures-by the State Govemmen an

. t d the statutory authorities-must
anticipate, prevent and attack the causes of environmental degradation.

Oi) Whece the,e are th,eats O r secious and irrevecsib le damage, lack or sdenli fie certainty should
not be sued as a reason for postponing measures to prevent environmental degradation .

(iii) The "Onus or

en v iro1unentally pmor is on the acto, o, the deve lopec/ind ust,ia Iist to show that his action is
benign.

The pollute, pays principle means that ir a hazacdous activity is canied out by any pecson, then
such a pecson is liable to make good fo, the loss caused to the othec pecson, irrespective of the
fact whether he took reasonable care while carrying on his activity.

The Court accepted

the present case. both the pcinciples as the law or the land and consequently applied them to

Funhe,, the couct ••elied on Article 21 of the Constitution oflndia which guacantees pcotection of
Ii fe and pecsona I Iiberty. Also, Article 47, 48A and 51 A(g) of the constitution state that raising
the standard of public health and protection of natural environment.

The Court also eel ied on the Watec(Prevention and Contrn I of Pollution) Act, 1974 ( the Wat ec
Act), the Afr (Pcevention and Contrnl of Pollution) Act, 198 I ( the Ai, Act) and the Envirnrunent
Protection Act, 1986 (the Environment Act) to reach to the final conclusion.
Final judgment-

The court in this judgment has acknowledged the fact that the Taj is th;eatenedwith deteriorntion
and damage not only by the traditional causes of decay, but also by changing social and
economic
damage orconditions which aggravate the situation with even moce fom,idable phenomena or
destruction.

The Court took into considerntion «ports ofvacious expert authorities and found out that the
emissions geoernted by the industries ace in fact aic pollutants and have a corroding effect not
only on the ma,ble used in the Taj but also on the people living in the Taj Trnpezium Zone. The
atmospheric pollution in TTZ has to be reduced at any cost.

The Court by celying on the p,ecautionary p,inciple held that the envi,onmental measu,es must
ant1c1pa ,
. . te prevent and attack the causes of environmental degradation. The ·onus of proof is on 1 I
1 10 I
. d us 'Y
an m show that its operation with the aid of coke/coal is environmentally benign ·- It is •

_.....
---
 rather, proved beyond doubt that the emissions generated by the use of coke/coal by the
industries in TTZ are the main polluters of the ambient air'. ·

The Court further held that 292 industries shall change over to the natural gas as an indu st rial-
fuel. The industries which are not in a position to obtain gas connections shall stop functioning
with the aid of coke/coal in the TTZ and may relocate themselves. The Gas Authority of India,
Limited (GAIL) will take the final decision in respect to the applications for the grant of gas
connections. Those industries which neither applies for gas connection nor for alternative
industrial plot shall stop functioning with the aid of coke/coal in the ITZ.The relocating
industries shall set up their respective units in the new industrial estates outside TTZ.

The Supreme Court also gave certain and rights and benefits to the workmen employed in these
292 industries. The workmen shall have continuity of employment at the new town and place
where the industry is shifted.The period between the closure of the industry in Agra and its
restart at the place of relocation shall be treated as active employment and the workmen shall be
paid their full wages with continuity of service. Workmen who agree to shift shall be given one
year's wages as a 'shifting bonus'. The workmen who do not intent to shift shall be deemed to
have retrenched.

The Court decided to deal with the industries other than these 292 industries separately and
directed the Board to issue separate notices and also public notices to the remaining industries in
the TTZ to apply for gas connection/relocation ·

The Court further ordered to stop the operation of all the brick kilns in the TTZ. The bench also
ordered that the fly ash produced in the process of the functioning of thermal plants may be
supplied to the brick kilns for the construction of bricks. This would be a useful step to eliminate
the pollution caused by fly ash.

The court further directed the following to monitor the air pollution in TTZ -

. (a) The setting up of hydro cracker unit and various other devices by the Mathura Refinery.

(b) The setting up of 50 bed hospital and two mobile dispensaries by the Matura Refine to
provide medical aid to the people living in lTZ. ry

(c) Construction of Agra bypass to divert all the traffic which passes through the city of Agra.

(d) Additional amount of Rs . 99.54 crores sanctioned by the Planning Commission to be utilized
by _the State Gove~1_ent for the construction of electricity supply projects to ensure 100 per cent
uninterrupted electnc1ty to the TTZ.

(e) The construction of Gokul Barrage, water supply work of Gokul Barrage, roads around Gokul
Barrage, Agra Barrage and water su I O f A b ·
PP Y gra arrage, have also been undertaken on a time
 . f Agra and to bring life into river
.
1edule basis to supply drink.mg t the residents o O I 99
water o d d May IO 1996 and August 3 ' 6).
sc 1 . (C rt order ate '
Yamuna which is next to the Taj ou .
ERi will be set up around TaJ.
(t) Green belt as recommended by NE b 4 1996 to
. . by order dated Septem er '
(g) The Court suggested tot he Pl annn· g Commission d the creation of separate ce II
1
.
· fi r the city of Agra an .
. .
°
consider sanct1on111g separate a 11 ocation d
under the control of Central Government to safeguard an prese
rve the Taj the city of Agra and
,
other national heritage monuments in the TT.

. . the Taj. premi·ses have been directed to be closed.

(h) All emporia and shops functioning w1thm

(i) Directions were issued to the Government o f Ind.1a to decide the issue • pertaining to
declaration of Agra as heritage city, within two months.

The issue relating to 292 industries was disposed off.

Case Comment

The judgment became a landmark one for environmental law jurisprudence in India . Authorities
reported a significant reduction of Suspended Particulate Matter which is one of the pollutants
causing discoloration of the Taj Mahal. This judgment is also a commendable move of the
Supreme Court since the court has not only ordered for effective counter measures but also kept
the rights and benefits of employees working in the industries secure. Recently, the Supreme
Court bench of Justice Madan B. Lokur and Justice Deepak Gupta, on 31st July, 2018, cancelled
all the industrial expansion that the government had allowed in the TTZ. This order of the Court
reflects a strict attitude of the Indian judiciary towards protection of archeological monuments
and reducing air pollution in the country.

The pride oflndia and one of the wonders of the world i.e., Taj Mahal, was facing threat due to
high toxic emissions from Mathura Refineries, Iron Foundries, Glass and other chemical
. industries. The acid rai11 was a serious threat to the Taj Mahal an 255 other historic monuments
within the Taj Trapezium.

The Apex Court in "M.C. Mehta vs . Union of India (Taj Trapezium Case) AIR 1987'" delivered
its historic judgment in 1996 giving various directions including banning the use of coal and
cake and directing the industries to Compressed Natural Gas (CNG).
 CHAPTER2

\VILDLIFE PROTECTION ACT

' fhe \Vildlife (Protection) Act, 1972

The Wildlife Protection Act, 1972, provides for protection to listed species of flora and fauna
and establishes a network of ecologically-important protected areas. The Act consists of 60
Sections and VI Schedules- divided into Eight Chapters. The Wildlife Protection Act, 1972
empowers the central and state governments to declare any area a wildlife sanctuary, national
park or closed area. There is a blanket ban on carrying out any industrial activity inside these
protected areas. It provides for authorities to administer and implement the Act; regulate the
hunting of wild animals; protect specified plants, sanctuaries, national parks and closed areas;
restrict trade or conunerce in wild animals or animal articles; and miscellaneous matters. The Act
prohibits hunting of animals except with pennission of authorized officer when an animal has
become dangerous to human life or property or as disabled or diseased as to be beyond recovery.

The Act underwent many amendments. An amendment to the Act in 1982, introduced provisions
pe1mitting the capture and transportation of wild animals for the scientific management of
animal population. An amendment in the year 1991 resulted in the insertion of the special
chapters dealing with the protection of specified plants and the regulation of zoos. This also
recognized the needs of tribal and forest dwellers and changes were introduced to advance their
welfare. Widespread changes have been made by the Wildlife (Protection) Amendment Act,
2002 and a new chapter has been incorporated as Chapter VI-A to deal with the forfeiture of
property derived from illegal hunting and trade. Further, this amendment Act also introduced the
concept of co-operative management through conservation reserve management committee and
community reserve committees.

Definition of Wildlife

The Section 2(37) of the Act defines wildlife as wildlife includes any animal, bees butterflies,
crustacean, fish and moths; and aquatic or land vegetation which forms pa11 of any habitat. So
the meaning of the wildlife in this Act is very wide and inclusive of all kinds of flora and fauna.

Authorities Constituted Under Wildlife (Protection) A4=t

As per the Sec. 3 of the Act, the Central Government may appoint a Director of Wildlife
Preservation, Assistant Directors of Wildlife Preservation and such other officers and employees
as may be necessary. As per the Sec. 4, the State Government may, for the purpose of this Act,
appoint Chief Wildlife Warden, Wildlife Warden, Honorary Wildlife Wardens and other officers
 State Governments and the
As per Sec. 6' t Iie
and employees as may be necessary .
.i\dministrators in

Union Territories shall constitute a Wildlife Advisory Board.

The Wildlife Advisory Board (Sec. 6)

ts and the administrators of the
The Sec. 6 of this Act enforces and enables th e st ate gove~en d union territories . In
. ·idr~
I Ad . ry Board 10 each states an
Un.ion Territories to constitute a Wt e · viso ' . d"d , ftute the Wildlife
WWF v. Union of India, Supreme Court directed the st ates which I n I cons
1

Advisory Board, to constitute within 2 months.

The members of the Wildlife Advisory Board

It shall consist of the Minister in charge of Forests in the State or Union territory as the
Chaimrnn. If there is no such minister, then the Chief Secretary will be the Chairman of the
Board. The other members are, two members of the State Legislature or Legislature of Union
Territory; Secretary to the state government or the government of the union territory, in charge of
forests; the Forest Officer in charge of the State Forest Department; an officer nominated by the
Director of Wildlife Preservation; Chief wildlife warden; officers of the state government not
exceeding 5; and such other persons, not exceeding I 0, who in the opinion of the state
government, are interested in the protection of wildlife. including the representatives of tribals
not exceeding .

Duties of Wildlife Advisory Board (Sec. 8)

The Wildlife Advisory Board mainly constituted to advise the state government in the fol lowing
matters.

a) In the selection of areas to be declared as Sanctuaries, National Parks and Closed areas and the
administration thereof;

b) In formulation of the policy for protection and conservation of wildlife and specified plants;

c) In any matter relating to the amendment of any schedule;

d) In relation to the measure to be taken for harmonizing the needs of the tribals and other
dwellers of the forests with the protection and conservation of wildlife;

e) In any other matter connected with the protection of wildlife which may be referred to it by
the state government.

Hunting of Wild Animals (Sec. 9)

Sec. 2( I 6(a) (b) (c)) defines the word hunting as follows Hunting, with its grammatical variations
and cognate expressions, includes; capturing, killing, poisoning, snaring, and trapping or any
 wild animal and every attempt to do so; driving any wild animal for any of purposes specified in
sub clause; injuring or destroying or taking any part of the body of any such animal, or in the
case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs
or nests of such birds or reptiles;

Sec. 9 of the Act prohibits hunting of any wild animal specified in Schedules I, 2, 3, and 4. Any
person who hunts any wild animal shall be punishable with imprisonment for a term which may
extend to 3 years or with fine which may extend to Rs. 25000/- or with both. However if any
person commits the offence in the sanctuary or national park, with respect any animal specified
in Schedule I, he shall be punishable with imprisonment which shall not be less than I year but
may extend to 6 years and also with fine which shall not be less than 5000/- .

Hunting of \Vild animals to be permitted in certain cases

The Chief Wildlife Warden may pennit hunting of wild animals in certain situations.

They are;

(a) The Chief Wildlife Warden may, ifhe is satisfied that any wild animal specified in Schedule
I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by
order in writing and stating the reasons therefore. permit any person to hunt such animal or cause
animal to be hunted;

(b) The Chief Wildlife Warden or the authorized officer may, ifhe is satisfied that any wild
animal specified in Schedule. II or III or IV has become dangerous to human life or to property
(including standing crops on any land) or is so disabled or diseased as to be beyond recovery, by
order in writing and stating the reasons therefore, permit any person to hunt such animal or cause
such animal to be hunted.

· (c) The killing or wounding in good faith of any wild animal in defense of oneself or of any other
person shall not be an offence; Provided that nothing in this subsection shall exonerate any
person who, when such defense becomes necessary, was conunitting any act in contravention of
any provision of this Act or any rule or order made there under.

(d) Any wild animal killed or wounded in defense of any person shall be Government property.

Grant of permission for hunting for special purposes.

The Chief Wildlife Warden, permit, by an order in writing stating the reasons therefore, to any
person, on payment of such fee as may be prescribed, which shall

entitle the holder of such pem,it to hunt, subject to such conditions as may be specified therein ,
any wild animal specified in such pennit, for the purpose of,
r
(a) Education;

(b) Scientific research;

. nt· means and includes

(c) Scienttfic manageme ' . itable habitat; or
( . animal to an alternative su .
i) translocation of any wild . . 1g or destroying any wild
(ii) population management of w1'ldlife , without k·I tr111 g or po1son11 ...· ·
animals.

(d) Collection of specimens

(i) for recognised zoos subject to the penrnss1on

· · under section 38-1 or
M for museums and similar institutions; .

(e) derivation, collection or preparation of snake-venom

. for the manufacture of life savmg drugs
Protection of Specified plants

Sec. 17 A of the Act prohibits picking, uprooting, etc., of specified plants . ~. as otherwise
provided in this Chapter,.110 person shall: (a) willfully pick, uproot,

damage destroy, acquire or collect any specified p !ant from any forest land and area specified , by
notification, by the Central Government, •

(bJpossess, sell, other forsale, ortransfer by way of gift or otherwise, or transport any specified
plant, whether alive or dead, or part or derivative thereof:

Provided that nothing in this section shall prevent a member of a scheduled tribe, subject to the
provisions of Chapter IV, from picking, collecting or possessing in the district he resides any
specified plant or pan orderivative thereof for his bona fide personal use.

The Chief Wild Life Warden may with the previous pennission of the State Government , grant
10 any person a permit lo pick, uproot, acquire or collee1 from a forest land or the area specified
under section 17A or transport, subject lo such conditions as may be specified therein, any
specified plant for the purpose of education; scientific research., collection, preservation and
display in a herbarium of any scientific institutions; or propagation by a person or an institution
approved by the Central Government in this regard.
Sanctuaries

Section 18 provid es that the State Government may, by notification, declare its intention
constitute any area other than area comprised With any reserve forest or the territorial Waters as a
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sanctuary if ii considers that such area is of adequate ecological, fauna! , floral,
 . . fhe urpose of protecting, propagating
. ~:omorpho\ogica\, natura\ or zoological significance, or t p . . ·t shall be sufficient to
:· . . . . t F the purposes of this section, 1
or developing w1ldhfe or its envirorunen . or d"l . t llioible boundaries.
. .d th ell known or rea I Y m e e,
.· escribe the area by roads, nvers, n ges, or o er w ·
. erson a permit to enter or
The Chief Wildlife Warden may, on an application, grant to any P
reside in a sanctuary for the following purposes;
. . ·11 incidental thereto;
,: Investigation or study of wildhfe and any purpose anc1 ary or

~)) Photography

c) Scientific research

d) Tourism
e) Transaction of lawful business with any person in the sanctuary

Only a public servant on duty or permit holder or a person having a right over immovable
property within the limits of a sanctuary, person passing through pathway in the sanctuary and
dependants of the above can also enter or reside in the sanctuary.

National Park
The state government, for the purpose of protecting, propagating or developing wildlife may by a
notificatjon declare that an area, by reason of its ·ecological, fauna!, floral, geomorphological or
zoological association or importance, needed to be constituted as a National Park. Once a
National Park is declared, no alteration of the boundaries shall be made except on the resolution
passed by the legislature of the state. In a National Park, the following activities are strictly
prohibited;

a) Destroying, exploring or removing any wildlife,

b) Destroying, damaging the habitat of any wild animal,

c) Deprive any wild animal of its habitat,

d) Grazing of any livestock

In Animal and Environment Legal . . Defence Fund V. Union of India , wh·1c h was a wnt· petition •.
came .to Supreme . Court, the. petitioners
.. .filed the petition challenging
. th I'd' - •
e va 1 1ty ot grantmg
perrmts for fishmg to 305 tnbal families m reservoirs within the Pench Nat·1ona I p ark (Madya
Pradesh).
· ·But
• the Supreme
. Court adopted humanitarian •ipproach
' keepmg
· 111· mmd · the econo ·
sustamab1hty and environment protection. The Supreme Court directed th " . . mic
'Id\''" h .. e iorest authontles and
w1 11e aut ont1es to. take adequate measures to protect tl1e environment
· and at the .
keep watch on the villagers. The villagers were also directed not to t h same tune
the reservoir. en er ot er areas other than
r
;

. nd Recognition of Zoos . consisting of a chair person,

Central Zoo f\ uthonty a . he Central zoo Authority,
t shall constitute t h II hold office for
The centra I govenunen bersecretary.
' They s a h following fu nc lions
bers and a mem . h II perform t e
tern mem I z o Authonty s a
en The Centra O •
.od of three years. nk p and veterinary
ap · gu ee
(a) Spec1·rYthe minimum stan dards for housm ,

care of the animals kept in a zoo; . t to the standards or the norms as may
. f
(b) Evaluate and assess the functiomng o zoos with respec
be prescribed;

. derecoonize zoos; • · g
(c) Reeogm,e or o • tive breeding and asS1gn10
(d) Identify endangered species. ofwild
. animals for purposes of cap
responsibility in this regard to• zoo, . .

(e) Co-ordinatetheacquisition, mhangeand loa nin g of animals for breed mg purposes,

. . ...

(f) Ensure mamtenance o s u •

. f t cl-books of endangered species of wild animals bred m capt1v1ty,
(g) Identify priorities and themes wit 11 regar o isp
. d t d. lay of captive animals in a zoo;
(h) Co-ordinate training of zoo persorrnel in India and outside India;

(iJ Co-ordinate research in captive breeding and educational programmes for the purposes of
zoos;

Provide technical
(j) scientific
on lines; and other assistance to zoos for their proper management and development

(k) Perfonn
regard soch other funet ions as may be necessary to carry out the Purposes of this Act with
to zoos.

Trade or commerce in wild animals, animal articles and trophies

The tenn trophy means the whole or any part of any captive animal or wild animal, other than
vennin, which has been kept or preserved by any means, whether artificial or natural, and
includes, rugs, skins, and specimens of such animals mounted in ivhole or in part thrnugh a
process of taxidermy, and antler, horn, rhinoceros horn, fe.ither, nail, tooth, musk, eggs, and
nests. And uncured trophy means the whole or any part of any captive animal other th .
which has not undergone a process oftaxidenny, and includes a [freshly killed, w ·1ct an · verrnm '
ambergris, musk and other animal products];
1 a111111a
1
Sec. 39 of the Act, declares that every wild animal other than vermm,· w h.JC h JS
· h un ted or kept or
bred in captivity or found dead or killed by mistake, shall be the property of the State .
Government. Likewise, animal articles, trophy or uncured trophy, meat derived from any wild
animal, ivory imported to India, article made from such ivory, vehicle vessel weapon, trap or tool
that has used for committing an offence and has been seized shall be the property of the st ate
government.

If any of the above is found in the sanctuary or a National Park declared by the Central
Government then it shall be property of the Central Govenunent.

Prevention and Detection of Offences

Sec. 50 of this Act confers power of entry, search, arrest and detention on the Director or any
other officer authorized by him or the chief wildlife warden or

Officer authorized by him or any Police Officer not below the rank of Sub-inspector. Officer not
below the rank of Assistant Director of Wildlife Preservation or

Wildlife Warden shall have the powers to issue a search warren, to enforce the attendance of
witnesses, to compel the discovery and production of documents

and material objects and to receive and record evidence.

Cognizance of Offence

No court shall take cognizance of any offence against the Wildlife Protection Act except on a
complaint by: The Director of wildlife preservation or any other officer authorized in this behalf
by the Central Government or; The Chief Wildlife Warden or any other officer authorized by the
State Government; or, any person who has given notice of not less than 60 days, in the maimer
prescribed, of the alleged offence and of his intention to make a complaint to the Central
Government or the State Govenunent or the officer authorised as aforesaid.

Punishments

Provided that where the offence conunitted is in relation to any animal specified inScheduled I or
Part II of Schedule. II, or meat of any such animal, animal article, trophy , or uncurled trophy
derived from such animal or where offence [relates to hunting in, or, altering the boundaries of] a
sanctuary or a National Park, such offence shall be punishable with imprisonment for a tenn
which shall not be less than [one year] but may extend to six years and also with fine which shall
not be less than five thousand rupees. Provided further that in the case of a second or subsequent
offence of the nature mentioned in this sub-section, the tern, or imprisonment may extend to six
years and shall not be less than two years and the amount of fine shall not be less than ten
thousand rupees .Any person who contravenes any provisions of Chapter VA, [P~ohibition of
Trade or Commerce in Trophies, Animal Articles, etc. derived from Certain Animals.] shall be
 . hich shall not be less then one year b
punishable with imprisonment for a7year term w . Ut Which
· I fi h"ch
may extend to seven years and also wit 1 mew 1 shall not be less than five thousand rupees.

Any person who contravenes the provisions of Section 381 [tease, molest , injure or feed any
animal or cause disturbance to the animals by noise or otherwise, or litter the grounds in a zoo1
shall be punishable with imprisonment for a term which may extend to six months or with fine
which may extend to two thousand rupees, or with both. Provided that in case of second or
subsequent offence the term of imprisonment may extend to one year or the fine may extend to
five thousand rupees As per section 52, whoever attempts to contravene, or abets the
contravention of, any of the provisions of this Act or of any rule of order made hereunder shal I
be deemed to have contravened that provision or rule or order, as the case may be.
1
f any person, exercising powers under this Act, vexatiously and unnecessarily seizes the
property of any other person on the pretence of seizing it for the reasons mentioned in sec 50 he
shall on conviction b · h bl · · . · '
'h ' e pums a e with tmpnsonment for a term which may extend to six
mont s, or with fine which may extend to five hundred rupees, or with both.
 The Jflild life (Protectioll) Amelldment Act, 2002 is an Act to provide for the
protection of wild animals, birds and plants and for matters connected there with or ancillary or
incidental thereto with a view to ensuring the ecological and environmental security of the
country.

Forfeiture of Property Derived from Illegal Hunting and Trade

1 new chapter, Chapter VI-A, had been incorporated by the Wildlife (Protection) Amendment
Act of 2002 . According to this new chapter, if any person or associate of persons or trust
acquires property from illegal hunting or trade of wildlife, it shall be forfeited to the State
Government by the competent authority. Such property can be forfeited after taking all necessary
steps (inquiry, investigation or survey in respect of any person, place, property, documents
institution, etc.) and after tracing and identifying any such property.

During the investigation and proceeding of forfeit the property, if the competent authority finds
that only a part of the acquired property is-proved illegal, the authority shall make orders, giving
an opportunity to the person affected, to pay a fine equal to the market value of such part of
property in lieu of forfeiture. The key environmental challenges that the country faces relate to
the nexus of environmental degradation with poverty in its many dimensions, and economic
growth. These challenges are intrinsically connected with the state of environmental resources,
such as land, water, air, and their flora and fauna. The proximate drivers of environmental
degradation are population growth, inappropriate technology and consumption choices, and
poverty, leading to changes in relations between people and ecosystems, and-development
activities such as intensive agriculture, polluting industry, and unplanned urbanisation. The status
of wildlife in a region is an accurate index of the state of ecological resources, and thus of the
natural resource base of human well-being. This is because of the interdependent nature of
ecological entities, in which wildlife is a vital link. Moreover, several charismatic species of
wildlife embody Incomparable Values, and at the same time, comprise a major resource base for
sustainable development. Conservation of wildlife, accordingly, involves the protection of entire
. ecosystems.

We have to keep these perspectives in mind while going through the Wildlife (Protection) Act
1972. Since the wildlife is a vital link in the web of lives, it is our utmost duty to preserve and
protect the richness of wildlife as it can be made available to generations. So the endangered
species of flora and fauna should be protected. The Wildlife (protection) Act, with timely
amendments, facilitates the protection of wild life in India.

ludia11 Ha11dicrafts Emporium v. U11io11 of /11dia

In this case the petitioner had challenged the constitutional validity of Amendment Act 44 J991
to the Constitution of India, which prohibited trade in imported ivory. ' '
 d • . 1or
el appearing .. the app ellants , urged that the impugned provisions of
The leame senior couns . ) f th Constitution of India inasmuch as thereby the
19
the Amendment Act violate Article 0 )(g e h ·b ·ted The learned counsel would
. II d . 1·vary has unJustly been pro I I . .
right of the appe ant to tra em .d A dment Act being excessive, the same
submit that restrictions imposed by reason of the sa1 . men . I It vires Article 14 of the
. Th Amending Act 1s a so u ra
must be held to be confiscatory m nature. e d I h drawn attention to
Constitution of India beino0 irrational and arbitrary. The leame counse as S h
the fact that the population
' of elephants has gone up m • severa I countries , e ·g ·, Botswana,
. out
Africa, Namibia and Zimbabwe, and these countries have been permitted by Conven~to~ on
International Trade in Endangered species of Wild Fauna and Flora (CITES) to deal m I~ory
subject of course to certain restrictions. Attention has further been drawn to the fact that ivory
which was placed in Appendix-I of the CITES has now been placed in Appendix-II thereof. It
was also submitted that ivory collected from dead animals should also be pem1itted to be dealt
Ill.

The Court reasoned, that trade in imported ivory being dangerous to ecology has been regulated
by imposing total prohibition by Wildlife (Protection) Amending Act of 1991. Such Amending
Act indirectly seeks to protect Indian Elephant and to arrest their further depletion. Traders and
non-traders constitute two different classes and the classification is founded on an intelligible
difference clearly distinguishing one from the other. "A machinery must be so construed as to
effectuate the liability imposed by the charging Section and to make the machinery workable."
Court judgement:

The Supreme Court held that the Wildlife (Protection) Act of 1991 indirectly seeks to protect
Jndian elephant and to restrict its further depletion, and so, the appellant petition was dismissed.

Taru11 Bharat Sa11gh, A/war v. Union of India & Ors

This case dealt with illegal mining activity in an area declared as Tiger Reserve. The petitioner, a
voluntary organization interested in protecting the environment, approached the court
complaining of the widespread illegal mining activity going on in the area declared as a Tiger
Reserve in the State of Rajasthan. It prayed that in the interest of ecology, environment and rule
of Jaw, the activity should stop. It was alleged that there were notifications prohibiting all mining
activity, and yet the State Government had granted hundreds of licences for mining marble,
dolomite and other materials and that such section was contrary to law.

The Court appointed a committee to ensure due observance of the various Acts and Notifications
that had been issued in respect of the protected area. The committee stated that there were 215
mines completely falling within the areas declared as protected forest while 47 mines fell partly
inside and partly outside the areas declared as protected forest.

j
The court emphasized that this was not a case where the court was called upon to shut down an
activity being carried on lawfully, in the name of higher considerations of ecology and
environment. It was a simple case to ensure observance of enacted laws made by the State to
protect the environment and ecology of the area. In such a case, there was no need to be
oppressed by considerations of balancing the interest of economy and ecology. That had already
been done by the Legislature and Parliament.

It observed that no mining lease could have been granted or renewed within the forest without
clearance from the Central Government in accordance with the forest (Conservation) Act, I 980
and the Rules made there-under. Admittedly, no such prior approval or clearance of central
Government was obtained. It concluded that the mining activity was illegal and had to stop.
Besides that, it was directed that the mining activity in the mines situated outside the protected
forest areas but within the tiger reserve could continue for a period of four months. If no
permission to continue mining was obtained from the Central Government within the said period
of four months, the mining activity in the entire area declared as tiger reserve had to stop.

MS Ivory Traders And Ors. v U11io11 of India And Ors.

Fact Summary

The petitioners are dealers and artisans in ivory who carry on the business and trade in ivory
including the manufacture of a11icles derived from ivory lawfully imported into India prior to the
ban. They imported part of the stock of mammoth ivory from Russia and part of it from Hong
Kong for the purposes of the business.

It is further asserted that ivory derived from mammoth, extinct species of wild animal, and ivory
derived from elephants cannot be treated at par or on the same footing as both are different from
each other and can be distinguished.

Therefore, they plead that they are persons affected by the Amendment Act 44 of 1991. The
Amendment Act has been enacted to carry out the mandate of the directive principles enshrined
in Article 48A of the Constitution of India:

"Protection and improvement of envirornnent and safeguarding of forests and wild life: The State
shall endeavor to protect and improve the environment and to safeguard the forests and wild life
of the country."

The Court reasoned, that the Amendment Act explicitly bans the use of ivory for commercial
use: "No person can conunence or carry on business as a dealer in ivory imported into India or
articles made, there from, or as manufacturer of such articles." The Court puts special emphasis
 .. . • rt d ·nto India" as being designed deliberately. The intention is to
on t11e words ivory 1mpo e 1 ,,
cover all descriptions of ivory, including from mammoth.

Court judgement:
Impugned legislation falls within the power and competence of the Parliament as the same is
meant to protect the Indian elephant. To achieve that purpose, the Parliament has undoubted
power to deal with matters which, effectuate the same. It can legislate with regard to all ancillary
ai1d subsidiary subjects including the imposition of ban on trade in imported ivory of all
descriptions, whether drawn from mammoth or elephant, for the salutary purpose of the
preservation of the Indian elephant.

Based on the above reasoning, the Court dismissed the appeal petition.