DHARMASHASTRA NATIONAL LAW UNIVERSITY

JABALPUR(M.P.)

ECONOMICS-I PROJECT

Study on Environmental issues arising due to economic activities and

laws meant for Environmental protection

Under the guidance of :–

Submitted by-
Dr. Isha Wadwa Swapnil Pal
Assistant professor of Economics BAL/109/18

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 ACKNOWLEDGEMENT

The success and outcome of this project required a lot of guidance and assistance from
many people and I am extremely privileged to have got this all along the completion of
my project. All that I have done is only due to such supervision and assistance and I
would not forget to thank them.

I am greatly indebted to DHARMASHASTRA NATIONAL LAW UNIVERSITY for

providing me necessary requirements to successfully carry out this project work.

I would like to thank our honourable Vice-Chancellor Prof. Balraj Chauhan and our
Head of Department Dr. V.S. Gigimon for giving me this golden opportunity.

I respect and thank Dr. Isha Wadwa ,Assistant Professor of Economics & Law for
providing me an opportunity to do this project and giving me support and guidance
which made me complete the project duly. I am extremely thankful to them for
providing such a nice support and guidance.

I extend my gratitude thanking my parents and my friends for giving me the support and
strength to complete this wonderful project.

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 TABLE OF CONTENTS
Acknowledgement - 2

Introduction - 4

Effect Of Environmental Pollution - 8

Laws For Environment Protection - 9

Measures for environmental Issues - 10

Working of NGT - 12

Conclusion - 15

Recommendations - 16

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 INTRODUCTION
Human activities are altering the global environment on an unprecedented level. The
concentration of green house and ozone depleting gases in the atmosphere, the accelerated
extinction of species, the breakdown of biogeochemical cycles, deforestation, and natural
resource depletion are undeniably related to the human activity. In the literature, the question of
how economic activity affects environment has been tackled from different angles with different
methodologies and datasets. Yet, the conclusions are diverse, perhaps unsurprisingly simply due
to the lack of consensus among scholars on how to measure the impact on nature and which
dimensions to include. Measuring the impact on a complex system like nature is not easy,
however. Problems related to measurement and aggregation consequently, lead to concentrate on
one or few dimensions; i.e. economic growth and pollution, or deforestation. As a result,
different approaches employing different datasets have come up with completely different
conclusions. On one side, scholars assure that once certain level of development is reached, the
negative effect of economic activity on nature is reversed. On the other extreme, others warn that
the human demand has already led to an environmental degradation that surpasses the Earth’s
ecological capacity to regenerate. Although there exist no measure to fully describe the
interaction between economic growth and environmental degradation, there have been several
attempts to construct composite measures to deal with the aggregation problem; among them the
“ecological footprint index” and the natural disinvestment components of Adjusted Net Savings
(ANS) data of the World Bank are worth to mention. Economic growth means an increase in real
output (real GDP). Therefore, with increased output and consumption we are likely to see costs
imposed on the environment. The environmental impact of economic growth includes the
increased consumption of non-renewable resources, higher levels of pollution and potential loss
of environmental habitats.
However, not all forms of economic growth cause damage to the environment. With rising real
incomes, individuals have a greater ability to devote resources to protecting the environment and
mitigate the harmful effects of pollution. Also, economic growth caused by improved technology
can enable higher output with less pollution.
For example, the pace of global economic growth in the past century has led to a decline in the
availability of natural resources such as Forests (cut down for agriculture/demand for wood)
A decline in sources of oil/coal/gas
Loss of fishing stocks – due to overfishing
Loss of species diversity – damage to natural resources has led to species extinction.

Income generation depends more and more on export capabilities of manufactured goods and
primary commodities especially in low and middle-income countries. On the other side, heavy
regulations on polluting industries and increasing production costs in high-income countries
force many industries to relocate themselves in low and middle-income countries as can be
clearly seen from the foreign direct investment (FDI) flows.This brings the environmental
sustainability issue on the forefront. It is interesting to ask how environmentally sustainable the
income generation process is. n. From the environmental sustainability point of view, one has to
measure environmental degradation that occurs where production and extraction takes place. It is
clear that environmental quality indicators like air quality does not fit for such a question for it
would not be able to capture the impact of affluence (as proxied by income or consumption per

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capita) over nature especially in small high-income countries where imported goods constitutes a
fairly big share in the consumption basket of individuals. Moreover, pollution is one of the many
dimensions of the impact of economic growth over the environment. For a thorough analysis one
has to include as many dimensions as possible. In this vein we will construct a composite
pressure on nature measure based on the natural disinvestment components of ANS data of the
World Bank. Natural disinvestment consists of carbon dioxide damage, energy, mineral and net
forest depletions, all measured in current US dollars. Note that it is broader than any
environmental quality indicator and most importantly it aims to measure environmental
degradation in the country of production rather than consumption.

External costs of economic growth

 Pollution. Increased consumption of fossil fuels can lead to immediate problems such as
poor air quality, soot, (London smogs of the 1950s). However, some of the worst
problems of burning fossil fuels have been mitigated by Clean Air Acts, limiting the
burning of coal in city centres. Showing that economic growth can be consistent with
reducing a certain type of pollution.
 Less visible more diffuse pollution. While smogs were a very clear and obvious danger,
the effects of increased CO2 emissions are less immediately obvious and therefore there
is less incentive for policymakers to tackle. Scientists state the accumulation of CO2
emissions have contributed to global warming and more volatile weather. All this
suggests economic growth is increasing long-term environmental costs – not just for the
present moment, but future generations.
 Damage to nature. Air/land/water pollution causes health problems and can damage the
productivity of land and seas.
 Global warming and volatile weather. Global warming leads to rising sea levels,
volatile weather patterns and could cause significant economic costs
 Soil erosion. Deforestation resulting from economic development damages soil and
makes areas more prone to draught.
 Loss of biodiversity. Economic growth leads to resource depletion and loss of
biodiversity. This could harm future ‘carrying capacity of ecological systems’ for the
economy. Though there is uncertainty about the extent of this cost as the benefit of lost
genetic maps may never be known.
 Long-term toxins. Economic growth creates long-term waste and toxins, which may
have unknown consequences. For example, economic growth has led to increased use of
plastic, which when disposed of do not degrade. So there is an ever-increasing stock of
plastic in the seas and environment – which is both unsightly but also damaging to
wildlife.

Limits Theory
This suggests that economic growth will damage the environment, and damage will itself start to
act as a break on growth and will force economies to deal with economic damage. In other
words, the environment will force us to look after it. For example, if we run down natural
resources, their price will rise and this will create an incentive to find alternatives.

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New toxics
This is more pessimistic suggesting that economic growth leads to an ever-increasing range of
toxic output and problems, some issues may get solved, but they are outweighed by newer and
more pressing problems which are difficult if impossible to overturn.
This model has no faith that the free-market will solve the problem because there is no
ownership of air quality and many of the effects are piling up on future generations; these future
effects cannot be dealt with by the current price mechanism.
Race to bottom
This suggests that in the early stages of economic growth, there is little concern about the
environment and often countries undermind environmental standards to gain a competitive
advantage – the incentive to free ride on others’ efforts. However, as the environment
increasingly worsens, it will reluctantly force economies to reduce the worst effects of
environmental damage. This will slow down environmental degradation but not reverse past
trends.

U-Shaped curve for economic growth and the environment

Economic growth without environmental damage

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Some ecologists argue economic growth invariably leads to environmental damage. However,
there are economists who argue that economic growth can be consistent with a stable
environment and even improvement in the environmental impact. This will involve
 A shift from non-renewables to renewables A recent report suggests that renewable
energy is becoming cheaper than more damaging forms of energy production such as
burning coal and in 2018 – this has led to a 39% drop in new construction starts from
2017, and an 84% drop since 2015.
 Social cost pricing. If economic growth causes external costs, economists state it is
sociall efficient to include the external cost in the price (e.g. carbon tax). If the tax equals
the full external cost, it will lead to a sociall efficient outcome and create a strong
incentive to promote growth that minimises external costs.
 Treat environment as public good. Environmental policy which protects the
environment, through regulations, government ownership and limits on external costs
can, in theory, enable economic growth to be based on protection of the environmental
resource.
 Technological development. It is possible to replace cars running on petrol with cars
running on electricity from renewable sources. This enables an increase in output, but
also a reduction in the environmental impact. There are numerous possible technological
developments which can enable greater efficiency, lower costs and less environmental
damage.
 Include quality of life and environmental indicators in economic statistics. Rather
than targetting GDP, environmental economists argue we should target a wider range of
living standards + living standards + environmental indicators. (e.g. Genuine Progress
Indicators GPI)

The nature of the industrial waste depends upon the industrial process in which these originate
and the raw materials the use.
Broadly the industrial wastes may be divided into two groups:
(a) Process waste;
(b) Chemical waste.

](A) Process Waste:
The waste generated in an industry during washing and processing of raw materials is known as
process waste. The process waste may be organic or inorganic in nature depending upon the raw
materials used and nature of the industry.
The organic process wastes are liberated from food processing units, distilleries, breweries, paper
and pulp industry, sugar mills etc. The inorganic process wastes may be the effluents of chemical
industries; caustic soda industry, paint industry, petroleum industry, pesticide industry etc. Both
organic and inorganic process wastes are toxic to living organisms.
The solid wastes released by different industries can be divided in to two different groups i.e.
(a) process wastes, and
(b) packing wastes.
Since different industries use different raw materials, the quality and quantity of solid wastes
differ from industry to industry. Industries releasing the solid wastes in the form of fly ash is
dumped on the ground which leads to soil pollution.

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Some amount of fly ash also contaminate atmospheric tract causing respiratory tract disorders.
Metallic industries produce a lot of solid metallic waste and large quantities of slag. In addition
to the release of hazardous chemical pollutants, the industries may also cause thermal pollution
and noise pollution. The thermal pollution is due to release of hot water from industries into
aquatic bodies. The noise pollution is due to running of heavy machinery producing a lot of
noise.

(B) Chemical Wastes:

The chemical substance generated as a by-product during the preparation of a product is known
as chemical waste product. The chemical waste include heavy metals and their ions, detergents,
acids and alkalies and various other toxic substances.
These are usually produced by the industries like fertiliser factories, paper and pulp industries,
iron and steel industries, distilleries, sugar mills etc. These are usually liberated into nearby
water bodies like rivers, lakes and seas and sometimes into lands. The entry of these chemicals
into bodies may alter the pH, BOD (Biological Oxygen Demand) and COD (Chemical Oxygen
Demand).
The loading of suspended solids, heavy metals and their ions brings about a drastic change in
physiochemical nature of the water. The aquatic animals and plants absorb, accumulate and bio-
concentrate the chemical wastes leading to bio magnifications and finally destroying the trophic
levels and food chains of the eco-system. Hence these disturb the eco-system dynamics and eco-
system balance of the nature.

Effects of Industrial Pollution:

1. On human health:
(i) It causes irritation of eye, nose, throat respiratory tracts, etc.
(ii) It increases mortality rate and morbidity rate.
(iii) A variety of particulates mainly pollens, initiate asthmatic attacks.
(iv) Chronic pulmonary diseases like bronchitis and asthma are aggravated by high concentration
of SO2, NO2, particulate matter and photo-chemical smog.
(v) Certain heavy metals like lead may enter the body through lungs and cause poisoning.
2. On animal health:
In case of animals, the pollutants enter in two steps.
(i) Accumulation of the airborne contaminants in the vegetation forage and prey animals.
(ii) Subsequent poisoning of the animals when they eat the contaminated food. In case of
animals, three pollutants namely fluorine, arsenic and lead are responsible for most livestock
damage.
3. On plants:
Industrial pollution have been shown to have serious adverse effects on plants. In some cases, it
is found that vegetation over 150 Km. away from the source of pollutants have been found to be
affected. The major pollutants affecting plants are SO 2, O3, MO, NO2, NH3, HCN, Ethylene,
Herbicides, PAN (Peroxy Acetyl nitrate) etc. In the presence of pollutants, the healthy plants
suffer from neurosis, chlorosis, abscission, epinasty etc.
Control of Industrial Pollution:
The ultimate object behind the measures to control pollution to maintain safety of Man, Material
and Machinery (Three Ms). The implementation of control measures should be based on the

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principle of recovery or recycling of the pollutants and must be taken as an integral part of
production i.e. never as a liability but always an asset.

Different laws made for the protection of Environment

The Environment (Protection) Act,1986
 The Environment (Protection) Act, 1986 authorizes the central government to protect and
improve environmental quality, control and reduce pollution from all sources, and
prohibit or restrict the setting and /or operation of any industrial facility on environmental
grounds. The Environment (Protection) Act was enacted in 1986 with the objective of
providing for the protection and improvement of the environment. It empowers the
Central Government to establish authorities charged with the mandate of preventing
environmental pollution in all its forms and to tackle specific environmental problems
that are peculiar to different parts of the country. The Act was last amended in 1991.
 The Environment (Protection) Rules lay down procedures for setting standards of
emission or discharge of environmental pollutants.
 The objective of Hazardous Waste (Management and Handling) Rules, 1989 is to control
the generation, collection, treatment, import, storage, and handling of hazardous waste.
 The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this
context, and sets up an authority to inspect, once a year, the industrial activity connected
with hazardous chemicals and isolated storage facilities.
 The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/
Genetically Engineered Organisms or Cells Rules,1989 were introduced with a view to
protect the environment, nature, and health, in connection with the application of gene
technology and micro-organisms.

The Biological Diversity Act 2002 and Biological Diversity Rules

The Biological Diversity Act 2002 and Biological Diversity Rules provide for the conservation
of biological diversity, sustainable use of its components, and fair and equitable sharing of the
benefits arising out of the use of biological resources and knowledge associated with it.

Its key provisions aimed at achieving the above are:

 Prohibition on transfer of Indian genetic material outside the country, without specific
approval of the Indian Government;
 Prohibition on anyone claiming an Intellectual Property Right (IPR), such as a patent,
over biodiversity or related knowledge, without permission of the Indian Government;
 Regulation of collection and use of biodiversity by Indian nationals, while exempting
local communities from such restrictions;
 Measures for sharing of benefits from the use of biodiversity, including transfer of
technology, monetary returns, joint Research & Development, joint IPR ownership, etc.;
 Measures to conserve and sustain-ably use biological resources, including habitat and
species protection, Environmental Impact Assessments (EIAs) of projects, integration of
biodiversity into the plans, programmes, and policies of various departments/sectors;

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  Provisions for local communities to have a say in the use of their resources and
knowledge, and to charge fees for this; Protection of indigenous or traditional knowledge,
through appropriate laws or other measures such as registration of such knowledge;
 Regulation of the use of genetically modified organisms; Setting up of National, State,
and Local Biodiversity Funds, to be used to support conservation and benefit-sharing;
 Setting up of Biodiversity Management Committees (BMC) at local village level, State
Biodiversity Boards (SBB) at state level, and a National Biodiversity Authority (NBA).

The Public Liability Insurance Act and Rules 1991 and Amendment, 1992
The Public Liability Insurance Act and Rules 1991 and Amendment, 1992 were drawn up to
provide for public liability insurance for the purpose of providing immediate relief to the persons
affected by accident while handling any hazardous substance.

The National Environmental Tribunal Act,1995, Amendment 2010

The Act has been created to award compensation for damages to persons, property, and the
environment arising from any activity involving hazardous substances. The three major
objectives of the Green Tribunal are;
 The effective and speedy disposal of the cases relating to environment protection and
conservation of forests and other natural resources. All the previous pending cases will
also be heard by the Tribunal.
 It aims at enforcing all the legal rights relating to the environment
 It also accounts for providing compensation and relief to effected people for damage of
property.
The salient features of amendment are as follows:
Amendment provides an equal opportunity to any citizen of India to approach the National Green
Tribunal.
It ensures that the tribunal takes into consideration principles of Sustainable Development,
Precautionary principles, Polluter Pays Principles and Inter generational Equity while hearing
any appeal and giving judgements.

National Green Tribunal Act, 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 handle
environmental disputes involving multidisciplinary issues. The Tribunal shall not be bound by
the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by
principles of natural justice.
The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy
environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal
is mandated to make and endeavour for disposal of applications or appeals finally within 6
months of filing of the same. Initially, the NGT is proposed to be set up at five places of sittings
and will follow circuit procedure for making itself more accessible. New Delhi is the Principal
Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other 4 place
of sitting of the Tribunal.

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The National Environment Appellate Authority Act,1997
The National Environment Appellate Authority Act has been created to hear appeals with respect
to restrictions of areas in which classes of industries etc. are carried out or prescribed subject to
certain safeguards under the EPA.

The Biomedical waste (Management and Handling) Rules,1998

The Biomedical waste (Management and Handling) Rules,1998 is a legal binding on the health
care institutions to streamline the process of proper handling of hospital waste such as
segregation, disposal, collection, and treatment.

The Environment (Siting for Industrial Projects) Rules, 1999

The Environment (Siting for Industrial Projects) Rules, 1999 lay down detailed provisions
relating to areas to be avoided for siting of industries, precautionary measures to be taken for site
selecting as also the aspects of environmental protection which should have been incorporated
during the implementation of the industrial development projects.

The Municipal Solid Wastes (Management and Handling) Rules, 2000

The Rules apply to every municipal authority responsible for the collection, segregation, storage,
transportation, processing, and disposal of municipal solid wastes.

The Ozone Depleting Substances (Regulation and Control) Rules, 2000

The Ozone Depleting Substances (Regulation and Control) Rules,2000 have been laid down for
the regulation of production and consumption of ozone depleting substances.
The Batteries (Management and Handling) Rules, 2001
These rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer,
auctioneer, consumer, and bulk consumer involved in the manufacture, processing, sale,
purchase, and use of batteries or components so as to regulate and ensure the environmentally safe
disposal of used batteries.

The Noise Pollution (Regulation and control) (Amendment) Rules, 2010

These rules lay down such terms and conditions as are necessary to reduce noise pollution,
permit use of loud speakers or public address systems during night hours (between 10:00 p.m. to
12:00 midnight) on or during any cultural or religious festive occasion.
Following are the salient features of the amendment:
In the heading ‘PUBLIC ADDRESS SYSTEM’ the words ‘AND SOUND PRODUCING
SYSTEMS’ shall be inserted.
A loudspeaker or any sound producing system or a sound amplifier shall not be used at night
time except in closed premises for communication within like auditorium, conference rooms,
community halls, banquet halls or during public emergency.
The noise level at the boundary of the public place where loudspeaker or public address system
is being used the sound should not exceed 10dB above the ambient noise standards of that area
or 75dB whichever is less.
No horn shall be used in silence zones or residential areas at night except in emergency
situations.
Sound emitting construction equipments shall not be operated during night.

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 Measures taken for Controlling Environmental Protection

Some important control measures are:

1. Control at Source:
It involves suitable alterations in the choice of raw materials and process in treatment of exhaust
gases before finally discharged and increasing stock height upto 38 metres in order to ensure
proper mixing of the discharged pollutants.

2. Selection of Industry Site:

The industrial site should be properly examined considering the climatic and topographical
characteristics before setting of the industry.

3. Treatment of Industrial Waste:

The industrial wastes should be subjected to proper treatment before their discharge.\

4. Plantation:
Intensive plantation in the region, considerably reduces the dust, smoke and other pollutants.

5. Stringent Government Action:

Government should take stringent action against industries which discharge higher amount of
pollutants into the environment than the level prescribed by Pollution Control Board.

6. Assessment of the Environmental Impacts:

Environmental impact assessment should be carried out regularly which intends to identify and
evaluate the potential and harmful impacts of the industries on natural eco-system.

7. Strict Implementation of Environmental Protection Act:

Environment Protection Act should be strictly followed and the destroyer of the environment
should be strictly punished.

Working and Establishment of NGT

The need to set up special environmental courts was highlighted by the Supreme Court of India
in a series of judgments, 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. The Court was of the opinion that
environmental cases raised issues, which required technical knowledge and expertise, speedy
disposal, and continuous monitoring, and therefore these cases should decided by special courts
with necessary expertise and technical assistance.
The Parliament passed the National Environmental Tribunal Act, 1995 but it was never
implemented. Subsequently, the National Environment Appellate Authority Act, 1997 was
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enacted under which the National Environment Appellate Authority was set up. There were
several problems in the functioning of the Authority, including its limited mandate and key
vacancies that the government did not fill. The Authority functioned till October 2010 and was
replaced by the National Green Tribunal.
The National Green Tribunal was set up under the National Green Tribunal Act, 2010 (NGT
Act). The objective of the NGT Act is to provide effective and expeditious disposal of cases
relating to the protection of the environment. Even though the Act came into force on 2 June
2010, the first hearing of the Tribunal was held only in May 2011. The Tribunal suffered from
serious ‘teething troubles’. Despite being a body constituted by an Act of Parliament, the
Supreme Court had to intervene to ensure necessary administrative arrangements were made by
various branches of the government for the Tribunal to become functional.

How does the Tribunal function?

The members of the Tribunal are a mix of persons with a legal/judicial background and those
with knowledge and expertise in environmental issues or with administrative experience. There
is a principal bench of the Tribunal in New Delhi and four regional benches in Bhopal, Kolkata,
Pune and Chennai. These are ‘co-equal benches’ i.e. the principal bench is not ‘higher’ in a
judicial hierarchy than the other benches. Each bench has a specified geographical jurisdiction.
For instance, cases arising from Kerala, Tamil Nadu, Karnataka, Andhra Pradesh, Pondicherry,
and Lakshadweep have to be filed in the Southern bench in Chennai. Occasionally ‘circuit
benches’ are also constituted. These are specially constituted benches, which visit a particular
city for a few days to hear cases relating to that state.
The Tribunal has original (to be the first judicial forum to hear a case) and appellate (review a
regulatory authority's decision) jurisdiction with regard to the implementation of seven
environmental laws. These are the Water (Prevention and Control of Pollution) Act, 1974, the
Water (Prevention and Control of Pollution) Cess Act, 1977, the Forest (Conservation) Act,
1980, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act,
1986, the Public Liability Insurance Act, 1991, and the Biological Diversity Act, 2002. The
notable exception is the Wildlife (Protection) Act, 1972 which is not included. A significant
number of cases that may arise under the Wildlife (Protection) Act are criminal cases–and the
Tribunal has no jurisdiction over criminal cases.
The Tribunal has original jurisdiction over all civil cases raising a substantial question relating to
environment and which arise out of the implementation of the seven laws. This makes the
Tribunal a crucial avenue for grievance redressal for persons who wish to highlight
environmental issues which have serious implications but are not linked to a single government
decision.
For instance, cases relating to the widespread pollution in the River Ganga and Yamuna,
increasing air pollution in the National Capital Region, and illegal mining activities in different
parts of the country have all been brought before the Tribunal under its original jurisdiction.
While exercising its appellate jurisdiction, the Tribunal decides cases in which a regulatory
approval or consent granted (or rejected) by the relevant government agency is being challenged.
These approvals or consents are those issued under the seven laws. For example, environmental
clearances under the EIA Notification 2006, forest clearances under the Forest (Conservation)
Act, and consents issued by the State Pollution Control Boards under the Water Act and the Air
Act are included.

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Who can approach the NGT?
According to the NGT Act, an aggrieved person can file a case before the Tribunal, and could be
an individual, a company, a firm, an association of persons (like an NGO), even if not registered
or incorporated, a trustee, a local authority (like a municipal corporation), or a government body
(like the State Pollution Control Board). The person need not be directly affected by the project
or development in question, but could be any person who is interested in protecting and
preserving the environment. There is a time period within which the case has to be brought
before the Tribunal, which varies according to the type of case.

What kind of decisions can the NGT deliver, and what is the timeline?
The Tribunal has the power to cancel an approval or consent granted. It can also issue a stop
work notice or an interim stay order. It can direct the constitution of a committee of experts to
carry out fact finding or monitor the implementation of its orders; and direct concerned
government agencies to take affirmative action to prevent or mitigate environmental damage. It
can also direct the demolition of unauthorized construction. The Tribunal also has jurisdiction to
order payment of compensation to victims of environmental damage or an environmental
restoration fine to a government agency for restitution of damaged environment.
The NGT Act requires the Tribunal to hear cases as expeditiously as possible and endeavour to
decide the case within six months from the date on which the case is filed. Despite this indicative
timeline, it often takes longer as all parties have to be heard and allowed to present necessary
evidence, and sometimes, the Tribunal initiates special investigations into facts, which may take
up additional time.

Is the verdict of the NGT binding?

The decision of the NGT is binding on the parties, unless they approach the Supreme Court in
appeal and the NGT’s order is either stayed or reversed. Failure to comply with the orders of the
Tribunal could lead to a fine or imprisonment of the person responsible.

Cases related to Environmental Issues

Sanitation in Ratlam: In a landmark judgement in 1980, the Supreme Court explicitly
recognised the impact of a deteriorating urban environment on the poor. It linked basic
public health facilities to human rights and compelled the municipality to provide proper
sanitation and drainage. However, according to numerous reports, little has changed in
Ratlam.

• Doon valley quarrying: In 1987, the Rural Litigation and Entitlement Kendra, on the
behalf of residents of the Doon valley, filed a case in the Supreme Court against
limestone quarrying. This case was the first requiring the Supreme Court to balance
environmental and ecological integrity against industrial demands on forest resources.
The courts directed the authorities to stop quarrying in the Mussoorie hills, but today,
mining continues unchecked in the interior valleys.

• Gas leak in Shriram factory: In the historic case of the oleum gas leak from the
Shriram Food and Fertiliser factory in Delhi, in 1986, the Supreme Court ordered the

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 management to pay compensation to the victims of the gas leak. The "absolute liability"
of a hazardous chemical manufacturer to give compensation to all those affected by an
accident was introduced in this case and it was the first time compensation was paid to
victims.

• Construction in Silent Valley: In 1980, the Kerala High Court threw out a writ filed by
the Society for the Protection of the Silent Valley seeking a ban on construction of a
hydro-electric project in the valley. However, despite an unfavourable judgement, active
lobbying and grassroots action by environmentalists stopped the project.

• Polluting the Ganga: In 1985, activist-advocate M C Mehta filed a writ petition in the
Supreme Court to highlight the pollution of the Ganga by industries and municipalities
located on its banks. In a historic judgement in 1987, the court ordered the closure of a
number of polluting tanneries near Kanpur. Justice E S Venkataramiah, in his judgement,
observed: "Just like an industry which cannot pay minimum wages to its workers cannot
be allowed to exist, a tannery which cannot set up a primary treatment plant cannot be
permitted to continue to be in existence."

• Pollution in Bichhri: Effluents from an H-acid factory in Bichhri village in Rajasthan

has polluted the ground water of almost 60 wells, destroying crops and orchards. A case
was filed in the Supreme Court by the Indian Council for Enviro-Legal Action in October
1989. Despite court orders in March 1990 to remove the sludge from the factory, not only
does the sludge still pollute Bichhri's drinking water, but no compensation has been paid
to the residents either.

• Mining in Sariska: A writ petition was filed in the Supreme Court in 1991 by the
Tarun Bharat Sangh to stop mining in the Sariska wildlife sanctuary. The court banned
mining in the sanctuary, but mining continues nevertheless.

Conclusion
There is a significant progress in providing legal protection to environment but there are several
loopholes. Though under Indian legislative environmentalism there are many enactments such as
Water Act, Air Act, the Forest conservation and the recent comprehensive Environment
(Protection) Act, they are inadequate to deal with present contingency. India is in need of a new
effective legislation for this 21st century and venture to have the U.S model of legislative
planning and open public scrutiny. The principle of sustainable development must be recognized
and emphasis on Environmental Impact Assessment is needed. India being developing country it
concentrate on the socio-economic development but it must be in co-ordination with
environmental upgradation. Though, the Environmental (Protection) Act is very ambitious and
maintained different ingredients of the environment in India, environment protection has been

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dominated more by socio-economic constraints and the priority of development. Therefore,
sometimes with several compromises, the objective lost which has resulted in the failure of
legislative mission.

The rapid growing population and economic development is leading to a number of

environmental issues in India because of the uncontrolled growth of urbanization and
industrialization, expansion and massive intensification of agriculture, and the destruction of
forests. Major environmental issues are Forest and Agricultural land degradation, Resource
depletion (water, mineral, forest, sand, rocks etc) Environmental degradation, Public Health,
Loss of Biodiversity, Loss of resilience in ecosystems, Livelihood Security for the Poor.
World bodies like the United Nations and the World Commission on Environment and
Development have been formulating ideas for environmental protection and sustainable
development. Several international conferences have been held on this subject, starting with the
first one in Tbilisi in 1977 to the Earth Summit in Rio de Janeiro, the Population Summit at
Copenhagen, the world Summit on Sustainable Development in Johannesburg and several others.
It is clearly evident that 25 years after the first conference in Tbilisi, there has not been an
appreciable change in lifestyles or the level of awareness. Countries have put their own interests
ahead of environmental protection and the future.

Through the years, the government of India has passed innumerable laws to help them in their
task of environmental protection. Sadly, all the regulations and acts have not done enough to
protect the environment. The greed of many in the governing bodies has led to misuse of the
laws and ruthless exploitation of the land, leading to ecological destruction and social injustices.
Most leaders of industry lack a social conscience. They have exploited our country’s resources
and polluted our earth, water and air.

Recommendations
A key recommendation is that councils consider climate change effects and the additional risks
and opportunities they may bring as part of existing planning, risk assessment and operational
processes. Generally speaking, councils can also respond to climate change effects via existing
processes.Decisions as to whether a climate change response is necessary should include
consideration of legislative frameworks (including hazard management responsibilities, liability
and existing use right considerations), community expectations for the present and the future,
and the relative costs and risks of delaying action.A distinguishing feature of climate change-
related risks is that the underlying risks themselves change over time. It is important to consider
whether future generations will be in a position to adequately address these changing risks if the
present generation defers action.In all cases, it is recommended that councils monitor and record
local climate variables in order to better inform risk assessment and associated decision-making
in their area.By responding now to climate change impacts, councils can improve the resilience
of their communities to existing natural hazards; in so doing so, they can enhance the prosperity
and sustainability of present and future generations.

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