Teaching Plan

ENVIRONMENTAL LAW

Semester VI
Batch 2018-23

By
Prof FURQAN AHMAD (Co-faculty)
Ms PALLAVI MISHRA (Course In-charge)
Mr EESHAN CHATURVEDI (Course Expert)

Academic Year 2020-21

(Session: January 2021 – May 2021)

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University)

Teaching Plan Environmental Law Jan 21 - May 21 1

1. INTRODUCTION
Environmental legal education is reflective of the historical, economic, political, scientific,
normative and ethical. Environmental law has gathered concepts, ideas, practices,
processes, individuals, collectives from a range of diverse disciplines. This has led to
centering of environmental concerns both locally and globally, nationally and
internationally.

Law and policy making are geared towards addressing these concerns. Environmental
concerns are rooted in the Constitutional framework, and borrowing from other
disciplines such as tort law, consumer law, contract law, penal laws, energy laws, ethics,
environmental management, environmental science, media and law, philosophy, space
law, air law, trans-border sharing of resources (Teesta and Indus) etc.

The constitutionalizing of environmental concerns during the framing of the constitution

did not translate into legislation it was only after 1972 that we see efforts being made to
fill in the gap.

The wide range of economic impacts on the environment (ecology) and alternatively
environmental impacts on the economy have led to accepting “sustainable development”
as a basic principle. The idea of sustainable development is meant to convey, obligations
(intra and inter generations).

The collective commons; tragedy of the commons; disappearing forests- an issue of

livelihood or aesthetics; cost benefit analysis; liability; environmental concerns as
anthropocentric as opposed to bio-centric and or eco-centric; the fate of communities
dependent on forest produce and forest conservation; eco-tourism; the obligation
towards the future generation etc. are some of the narratives.

This teaching plan has been designed taking into account all of these concerns, narrative
law, case law and policy.
2. LEARNING OBJECTIVES (Knowledge, Skills and Outcomes)
A. Objectives (Knowledge, skills and Employability)
The overall objective of this course is to enable the students to:

1. To understand the importance of Environmental Law in the present day.

(knowledge)

Teaching Plan Environmental Law Jan 21 - May 21 2

 2. To learn about the concept of Environmental protection and policy in India.
(knowledge)
3. To learn about the international developments in the area of Environment and
various legislations and conventions pertaining to Environmental protection.
(skills)

4. To have a detailed study of Environmental Jurisprudence with global perspective.

(employability)
B. Outcomes (Knowledge, skills and Employability)
The course aims to equip the student with the ability to carry out case law analysis,
academic research, understand interpretive challenges, formulate gaps in
implementation and policy, and identify current global trends in international
environment law and transnational law. These skills will be central to learner’s success
in completing this course’s scheme of assessment. The overall objective of this course is
to enable learners to:

1. Establish knowledge and understanding of the theory and jurisprudence of

environmental law. (knowledge)
2. Distinguish between environmental law and environmental policy. (knowledge)
3. Generate ability to comprehend how normative and ethical concerns are reflected
in law and policy. (skills)
4. Do objective setting and achieving them through a legislative and policy
framework. (skills)
5. To employ strategies legal and otherwise in an artificially generated environment.
(employability)
6. Generate useful and effective tools of communication for environmental legal
concerns. (skills)
7. Articulate the relevant economic, social, commercial & political context in which
laws operate/operated. (employability)
8. Identify how/why courts or parliament have framed/ interpreted environmental
legal liability. (skills)
9. To identify international legal developments and their impact on Indian
environmental jurisprudence. (skills)

Teaching Plan Environmental Law Jan 21 - May 21 3

C. Subject Specific Activity
In this Course, the students shall reflect on the theoretical concepts underlying and
impacting on approaches to environmental law and its application in preservation and
protection of environment through lectures, powerpoint presentations, continuous
discussion on application of a range of environmental principles and tools.
3. LECTURES
A. Times and Attendance
Three lectures per week have been set aside for this course for each division. Verify it
from the Time Table assigned for each division. One should duly check related
notification at ‘Outlook’ as well as ‘Posts’ @Microsoft Teams.

As per Symbiosis International University Regulations, please note, “Students are

expected to attend minimum 75% of all scheduled sessions and other forms of instruction
as defined by the programme of study.”

A student will not be eligible to appear for the examination if he or she fails to put in the
required attendance. The students can update themselves of their attendance daily online
in ‘Attendance’ on iCloudEMS Portal
at https://siu.icloudems.com/corecampus/index.php
B. Mode of Delivery
This Course will be delivered in Synchronous (80%) and Asynchronous (20%) mode.

Session Plan, Lecture outlines (principally in the form of PowerPoint slides), Hand-outs,
reading material including e-Books, and Articles as applicable in a given case, will be
made available in ‘OneNote’ @ Microsoft Team. To facilitate understanding of these
lectures, student should always read at least the relevant pages of suggested readings in
advance of each lecture.
C. Notifications
Students are informed that notice/s, if required, with respect Academic- Administration,
will be sent, either by Course in Charge or Officer In Charge, Academic Coordination,
using ‘Posts’ @Microsoft Teams. Students are required to keep themselves duly informed.

Teaching Plan Environmental Law Jan 21 - May 21 4

D. Lecture Outline:

Week Lecture Outline

Week 1 Lecture 1: Discussion of Teaching Plan

January 09, 2021

Week 2 Lecture 02: Discussion of Teaching Plan

January 11, 2021 TOPIC 01: Indian Approaches regarding Environment

Article Review of Journal Article, Ahmad Furqan, Origin and

Growth of Environmental Law in India, JILI, Vol. 43, No.3
(July-September 2001)

Lecture 03: Concept of Environment Protection in Ancient

India

Week 3 Lecture 04: Historical Prudence: Kautilya's Rules; Practices of

Bishnoi Community, Medieval Era, Gandhian Philosophy, etc.
January 18, 2021 and their Relevance Today Need for Environmental Law

TOPIC 02: Environmental Policy in India

Lecture 05: Pre- Independence Period and Post- Independence

Period

Week 4 Lecture 06: The Present Day Status and Govt. Policy towards
Environment Issues
January 25, 2021
TOPIC 03: Principles/ Doctrine of Environmental Law

Lecture 07: Concept of Sustainable Development

Lecture 08: Precautionary Principle
Week 5
Case Laws: Vellore Citizens’ Welfare Forum v. UOI, AIR 1996 SC
February 01, 2021 2715

Kamal Nath v. UOI, (1997) 1 SCC 388 etc.

Lecture 09: Polluter Pays Principle

Lecture 10: Public Trust Doctrine

Week 6

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 Lecture 11: Environmental Impact Assessment
February 08, 2021
TOPIC 04: International developments and their impact on
Week 7 Indian Environmental Prudence
February 15, 2021 Lecture 12: Stockholm Conference and Brundtland
Commission Report

Lecture 13: Rio Declaration (Agenda 21, Convention on

Climate Change and Convention on Bio-diversity)

Lecture 14: Earth Summit Plus and Kyoto Protocol

Week 8
Lecture 15: International Environmental Law and Global
February 22, 2021
Issues
• India's International Obligations
• Established Norms of International Law & Copenhagen
Conference, Cancun Conference

Week 9 Lecture 16: Durban Conference & Further Developments

March 01, 2021 relating to Climate Change

TOPIC 05: Environment protection under the general laws

Lecture 17: Provisions under the Indian Penal Code and

Provisions under Cr.P. C.

Week 10 Lecture 18: Remedies under the Law of Torts and Class Action
Suits
March 08, 2021
Lecture 19: Provisions under the Constitution of India and
Scope of Art.253 of the Constitution

Lecture 20: Role of Judiciary; Public Interest Litigation,

Week 11 Widened Scope of Article 21
March 15, 2021

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 TOPIC 06: Framework of Environmental Laws
Lecture 21: Nature and Scope of Environmental Law and the
definitions of Various Types of Pollution

`Week 12 Lecture 22: Mechanism to Protect Environment and Penalties

and Procedures
March 22, 2021
Following Acts to be studied

Lecture 23: Water (Prevention and Control of Pollution) Act,

1974

Week 13 Lecture 24: Air (Prevention and Control of Pollution) Act, 1981

March 29, 2021

Lecture 25: Environment Protection Act, 1986

Lecture 26: Significant Delegated Legislation under

Environment (Protection) Act, 1986:

Legal Regulation of Hazardous Substances and Process

• Hazardous Waste Management Rules 1989 as amended

in 2016.

• Rules for the Manufacture, Use, Import, Export, and

Storage of Hazardous Microorganisms, Genetically
Engineered Organisms or Cells

Lecture 27: Bio-Medical Waste Management Rules 1989 with

Week 14
latest amendment.
April 05, 2021
• Solid Waste Management Rules 1989 with latest amendment.

Case Laws: Research Foundation For Science ... vs Union Of

India (2007)

• Dr. B.L. Wadehra v. Union of India and others (1996) 2 SCC

594

• CRZ Notifications, 2011

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 Lecture 28: Public Liability Insurance Act, 1991 and Factories
(Amendment) Act, 1987

Source Material: Furqan Ahmad, Legal Regulation of

Hazardous Substances (Daya Publishing House, 2009)

Lecture 29: Indian Forest Act, 1927

Week 15 Lecture 30: Wildlife Protection Act, 1972

April 12, 2021 Lecture 31: NGT Act (National Green Tribunal Act, 2010

TOPIC 07: Social issues and Environment

Lecture 32: Urban Problems and Large Projects - Resettlement

and Rehabilitation of People
Lecture 33: Consumerism (Eco mark Scheme) and conflicts
Week 16
between the Environment and Free Trade
April 19, 2021
Lecture 34: Human Rights, Indigenous People and the
Environment, Environmental Refugees

Lecture 35: Environmental Justice, Problem of Poverty,

Conflicts between Developed and Developing Countries

Lecture 36: Establishment of Green Tribunals and landmark

Week 17
judgments of NGT and Supreme Court of India
April 26, 2021
Lecture 37: Revision

Lecture 38: Revision

Week 18
May 03, 2021

The following part of the course will be covered via asynchronous mode of teaching,
learning & evaluation. This part of course will be covered through following three steps:
i. Asynchronous Teaching (15 minutes) followed by,
ii. Learning Resources (Video, further reading (45 minutes); followed by,
iii. Student Involvement Practice (15 minutes)

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*In following mode of teaching learning, attendance shall be granted to the students, who view the
Video, Read the provided Reading Material and participate in Student Involvement Practices as per
instructions given by Course In-charge.

Asynchronous Mode

Week Video No. Content

Video 1
TOPIC 03: Principles/Doctrines of Environmental Law
Week 3
➢ Concept of Sustainable Development and
Brundtland Commission Report
January 18,
2021 Video 2 ➢ Precautionary Principle
Video 3 ➢ Polluter Pays Principle

Video 4 ➢ Public Trust Doctrine

Video 5 ➢ Environmental Impact Assessment

Week 4
TOPIC 04: International developments and their
impact on Indian Environmental Prudence
January 25, Video 6
➢ Stockholm Conference
2021

Doubt Clearing Session (Live)

➢ Rio Declaration (Agenda 21, Convention on

Video 7
Climate Change and Convention on Biodiversity)
Week 5
➢ International Environmental Law and Global
February 01, Issues
Video 8 • India's International Obligations
2021
• Established Norms of International Law

Video 9 ➢ Earth Summit Plus Five and Kyoto Protocol

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 ➢ Copenhagen Conference, Cancun Conference,
Video 10
Durban Conference
Week 6
Video 11 ➢ Further Developments relating to Climate
February 08, Change
2021
Doubt Clearing Session (Live)

*The schedule will be followed, subject to change/s due to

unforeseen/unavoidable circumstances.
4. READING AND MATERIALS
A. Textbook
• Leelakrishnan, P., Environmental Law in India, Lexis Nexis Butterworths, Nagpur,
5th edition, (2019)
• Leelakrishnan, Environmental Law Case Books, Butterworths, 2nd Edition, 2007
• Nain, Gitanjali., Environment Justice of India, The National Green Tribunal,
Cambridge, (2017)
• Sands Philippe, Principles of International Environmental Law, Cambridge
University Press, New York, 3rd edition, (2012)

B. Prescribed Legislations
• Water (Prevention and Control of Pollution) Act, 1974
• Air (Prevention and Control of Pollution) Act, 1981
• Environment (Protection) Act, 1986
• Public Liability Insurance Act, 1991
• Indian Forest Act, 1927 [the Indian Forest (Amendment) Bill, 2012]
• Forest Conservation Act, 1980
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006
• Wildlife (Protection) Act, 1972
• National Green Tribunal Act, 2010

C. List of Important Case Laws

1. Rajeev Suri v. Delhi Development Authority 2021 SCC Online SC 7

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 2. KJS Ahluwalia v. State of Odisha 2020 SCC OnLine Ori 916
3. Tofan Singh v. State of Tamil Nadu 2020 SCC Online SC 882
4. Hanuman LaxmanAroskar v. Union of India, (2019) 15 SCC 401
5. Lafarge Umiam Mining Private Limited v. Union of India (2011) 7 SCC 338
6. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
7. Kamalnath v. Union of India, (1997) 1 SCC 388; AIR 2000 SC 1997; AIR 2002 SC 1515
8. M.C. Mehta v. Union of India & Ors. (Taj Mahal Pollution case), (1997) 2 SCC 353
9. M.C. Mehta v. Union of India (The Oleum Gas Leakage Case), AIR 1987 SC 1086
10. Rural Litigation & Entitlement Kendra v. State of U.P.., AIR 1988 SC 2187
11. Vellore Citizens’ Welfare Forum v. Union of India, AIR 1996 SC 2715
12. S. Jagannath v. Union of India, AIR 1997 SC 811 (Shrimp Culture Industry)
13. M.C. Mehta v. Union of India (Ganga Pollution Case), AIR 1988 SC 2187
14. Municipal Council Ratlam v. Vardhichand, AIR 1980 SC 1622
15. Union Carbide Corp. etc. v. Union of India etc. AIR 1990 SC 273
16. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446

A good resource to use is online databases such as Emerald; Ebsco; JSTOR; Global
Business Review available on campus network. For supplementary reading, you could,
for instance, begin by consulting the relevant sections of the “alternative” texts placed on
loan in the law library. Thereafter you could engage in your own research, with particular
reference to journals on online databases including SCC Online, LexisNexis, Manupatra,
WestLaw India, HeinOnline, JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration,
Kluwer Patent, and Kluwer Competition), Ebrary, Emerald & EBSCO, and offline
database including AIR.

5. ASSESSMENT:

Environmental Law is a 04-credit course, so you will be examined in this course for 100
marks.) In totality, you will be examined in this course by Internal (40%) and External
Assessment (60%) format. Internal examination will be conducted for 40 marks.

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Internal Continuous Evaluation:

Internal Continuous Evaluation will be conducted for 40 marks, which will include “Two
quizzes- I & II”; “Tutorial” and a “Project”

Internal Assessment: Internal examination will be conducted for 40 marks. It will

include:
A. First Mode of Internal Assessment – Quizzes I and II (5+5 = 10 marks)
[Examiner: Ms. Pallavi Mishra]

B. Second Mode of Internal Assessment – Tutorial (Open Book Examination) (20

marks) [Examiner: Ms. Pallavi Mishra]

C. Mode Third Mode of Internal Assessment – Project (10 marks) [Examiner: Prof
(Dr.) Furqan Ahmad]

Term End Examination: The Symbiosis International (Deemed University) will

conduct external written examination for 60 marks. It consists of ten objective-type (2
marks each= 20 marks) and 4 subjective-type/cases and open problems/questions (10
Marks each) with an alternative (Total= 40 marks).

6. Internal Continuous Evaluation: Mode and Schedule

Each student will have to attempt each of the above evaluation modes on all the occasion.
The details pertaining to the internal Continuous Evaluation modes are as follows:

A. QUIZ: Mode & Schedule

Two Quizzes shall be conducted via online mode from the part of the course delivered
via online mode.

Online Quiz I and II: Each Quiz shall have 5 multiple choice questions of 1 mark each.

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There is no negative marking. The duration of the quiz shall be 15 minutes. The Quiz
shall be prepared in the form of the fill in the blanks, true/false, Statement /Code,
Paragraph based, Data Based, Logical Sequence, matching questions relating to the
subject. The goal of the tutorial is to prepare, motivate and help the students
recall/remember what they learned. It aims at judging the knowledge and
Understanding of a student.

Schedule – Quiz I and Quiz II

Topic
Date Time
(Lecture Plan - Asynchronous Mode)

TOPIC 03: Principles/ Doctrine of

Environmental Law
• Concept of Sustainable
Development
• Precautionary Principle
• Polluter Pays Principle February 24, 03:00-03:15
Online Quiz 1 • Public Trust Doctrine
2021 pm
• Environmental Impact
Assessment

[Video 1, Video 2, Video 3, Video 4

and Video 5]

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 TOPIC 04: International
developments and their impact on
Indian Environmental Prudence
• Stockholm Conference
• Bruntland Commission Report
• Rio Declaration (Agenda 21,
Convention on Climate Change
and Convention on Bio-
diversity)
• Earth Summit Plus Five and
Kyoto Protocol 03:00-03:15
Online Quiz 2 • International Environmental March 3, 2021
Law and Global Issues pm
❖ India's International
Obligations
❖ Established Norms of
International Law
• Copenhagen Conference
Cancun Conference, Durban
Conference
• Further Developments relating
to Climate Change
[Video 6, Video 7, Video 8, Video 9,
Video 10 and Video 11]

B. Tutorial Mode and Schedule

There will be one tutorial of 20 marks, minimum two questions of 10 marks each. The
tutorial will be “Open Book Test”. It is designed to ensure that the students practice their
ability to reflect and relate theories and improve their expression style in writing. It is
aimed at improving the writing, research, communication, and presentation skills. It is
Open Book Examination i.e. examinees are allowed to bring and use any material
including Books, Articles, Hand Written Notes, Hand Outs and alike printed material.

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 Schedule – Tutorial

Date

Topic
Result
Test

Topic: Environmental Law

Tutorial
TOPIC 05: Environment protection
under the general laws

TOPIC 06: Framework of

March 17, 2021 March 30, 2021
Environmental Laws

(Refer lecture schedule of

synchronous mode of teaching
learning)

C. Project Mode and Schedule

The third Component is Research Project, where each learner will be required to review
the allotted project to be evaluated out of 10 marks. The Course In-charge will upload
Long Term Paper topics as per schedule @ Teams created for Internal Continuous
Evaluation (ICE) division Wise. The Research project is aimed at improving research and
analytical skills in order to digress from the standard lecture and test format sources and

Teaching Plan Environmental Law Jan 21 - May 21 15

ensure students’ academic learning is more challenging and rigorous.
The schedule of the Project is as follows:

Schedule – Project

Allotment of Topics
Submission Results
Date of Allotment of
Allotment of Topic
Topic
List of topics will be
uploaded @ Microsoft February 13, February 24,
January 11, 2021
Teams 2021 2021

The details about the rules and format of submission are annexed with this document.
(Refer to Enclosure A).
A list of research project topic to each learner will be uploaded on Microsoft Teams
portal.
1. Word Limit of the project should not exceed more than 2000-2500 words
2. Plagiarism report to be attached by the learners (Max. limit is 15%)
3. There will be negative marking (3 marks) for late submission of the project by the
learner beyond the prescribed date.
4. The learners shall be evaluated on the basis of the following header of the project
topic:
(a) Introduction and explanation of the topic (1 marks)
(b) Research Questions (2 marks)
(c) Body of Article/ Main Content (5 marks)
(d) Conclusion and Suggestions (1 mark)
(e) Footnotes (1 mark)

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Note:

➢ The final project report along with full Turnitin report shall be submitted/turned in
@ Microsoft Teams
➢ Late-Submissions will invite negative marking of 03 marks per day.
➢ It is further informed that learners must use BLUEBOOK (20th ed.) CITATION
FORMAT

7.Administrative Arrangements and Contact Hours:

The Course In-Charge for Law of Contract is Ms. Pallavi Mishra and Dr. Furqan Ahmad.
If any doubts remain, kindly contact them on their e-mail ID: pallavi@symlaw.edu.in and
furqan.ahmad@symlaw.edu.in and respectively during office hours, i.e. 8:30 am to 4:30
pm.

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 Annexure A
GUIDELINES FOR PROJECT SUBMISSION

The maximum marks for the project are 10. The final copy of the project should be
presented in accordance with the following specifications:

1. Typewriting shall be in a standardized form in single line spacing with following

specifications:

• Plagiarism report to be attached by the learners (Max. limit – 15-20%)

• Orientation: Portrait.

• Font: Times New Roman

• Font Size: Main Heading 14 (Bold), Sub Heading 12 (Bold) and text 12

• Alignment: Justified.

• MS Word: Updated Version.

• Word Limit: 2000-2500 Maximum

2. The title of the project, name of the candidate, degree, faculty, university, month
and year of submission, and the name of the course in charge with his/her designation
and full official address shall be printed on the first page and on the front cover as given
in Annexure – ‘A’

3. Bibliography should be written alphabetically and given as per Annexure-‘B’

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 Appendix ‘A’- Front page and Cover

TITLE OF THE PROJECT (centered on two or more lines)

---------------------------------------------------------------------

Submitted by

Name of the candidate

-------------------------------------------------------

Batch…..Programme of Study…..Division …. PRN…...

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

In
Month, year

Under the guidance of

Name of Faculty
_________________________

Designation and official address of the faculty

official address of Faculty
_______________________________________

Teaching Plan Environmental Law Jan 21 - May 21 19

 Appendix ‘B’- BIBLIOGRAPHY
The Bibliography should contain a list of all the books, journals, articles and pamphlets
that the researcher has consulted during the course of the study. It should be arranged
alphabetically.

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