reer reer SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY) (Established under Section 3 ofthe UGC Act, 1956) Ro-acoreaited by NAAC with A’ Grad (2.58/4) Awarded | fa =!by use feel | LLL institute: (0102}S¥MBIOSIS LAW SCHOOL, NOIDA Programme: (010223 & 010224) BA LL.B & BBALLB Batch: 2012-17,2013-18,2014-19,2015-20,2016-21 Semester: VI Course: Environmental Law Course Code: 0102230602/0102240602 Date: 03/05/2019 Maximum Marks: 60 Day: Friday ‘Time: 10:00 ame- 12:30 pm Part —I (Objective Type Questions) Instructions: 1) All questions are compulsory. 2) Each question carries two Qu. eese Q3. aoge 20 Marks) ks (To Which of the following provisions of the Water Act, 1974 generally prohibits discharge of polluting matter in water bodies? Section 16 Section 17 Section 24 Section 25 ‘The Supreme Court has laid down in Vellore Citizens Welfare Forum v Union of India that Customary international law can be incorporated in domestic law provided there is no contrary rule to that law in domestic law. In arriving at this position the Supreme Court did not examine whether customary international law had actually emerged it reties on its own decisions which were problematic in taking this position. What best describes the position in law? . That the Supreme Court does not have the power to incorporate international law principles in domestic law using customary international law as its basis, ‘That the Supreme Court has earlier relied on a treaty to which India was a party to incorporate rules from within the treaty into domestic law, and that the parliament did enact a legislation but ‘much later on the same subject matter ‘That the Supreme Court’s decision amounts to subverting the legislative powers of the Union ‘That powers of the Supreme Courts under Art 32 are wide enough to incorporate such principles on the ground that these rights are necessary for protection of fundamental rights, and also given the fact that India was already a party to the Rio Declaration Which one of the following is the correct option? Aand C BandD Cand D AandB In which year the first forest department in colonial India was established? 1864 1875 1872 1894Qa. poE> Bese Qs. eo Q6. pose Q7. Q8, What does pollution load refer to? . The extent of pollution causing elements that are found in the atmosphere The ability ofthe environment to accumulate and process polluting elements ‘The extent of emissions, liquid effluents, and solid and semi-solid wastes generated The ability of the industry, process, operation, industry and the authorities 1o deal with an accident or incident Which one of the following is the right answer? A,BandC D,Cand A B.C and D A, Band D Which of the following prov ions of the Water Act, 1974, specifically. defines water pollution? Section 2(e) Section 2(dd) Section 2(g) Section 2(gg) ‘The National Forest Policy was adopted in the year 1988, it indicates a move in the direction of conservation and one that is informed by global advances in the forest governance. Though the policy remained its implementation was never addressed until the Supreme Court heat! and directed that this policy statement be back from the dead. In view of the order of the Supreme Court the Ministry of Environment Forest and Climate Change had initiated a set of guidelines, Which one of the following do the guidelines concern? + Guidelines concerning the imposition of levy and imposition of duties for forest timber and forest produce Guideline concerning the role of forest departments and the Ministry of Environment Forest and Climate Change in regulating forest areas Guideline concerning the manner in which Forest Advisory Commitice ought to conduct its advisory role + Guidelines concerning inspection, monitoring, verification and over all procedure of forest conservation Which one of the following is the correct option? AandD AandB Band C Band D Which of the following enactments is geared toward securing goals of environmental justice specifically? Public Liability Insurance Act, 1991 Environment Protection Act, 1986 Public Liability Insurance Act, 1991 Forest Rights Act, 2006 ‘When a project proponent initiates the process of getting clearances for a project, what are the various permissions that are necessary if the project requires clearance under Environment Protection Act, 1986?A. Clearance from the Central Government or the State Goverment for diversion of land, acquisition of land, clearance from the CPCB ot SPCB as the case may be, permissions from local authorities Clearance from the Central Government or the State Government for diversion of land, acquisition of land, clearance from the CPCB ot SPCB as the ease may be, permissions from local authorities also under the various notifications issued under Environment Protection Aet ~ Clearance requirements are determined by the nature of the project, the spatial nature of the activity, the impact the activity is likely to have on the social, economic and environmental conditions of the vicinity, the categorisation of the project, the need for public hearing and other checks and balances * Clearance requirements under the EPA 1986 are mandatory for all Category A and Category B projects under the EIA 2006 Which one of the following is the right answer? A, Band C A,CandD B,DandA d. B,C andD Q.10, pe oe pomp . That it indicates a move from ori Liability regitmes have evolved in India post the Bhopal Gas Tragedy, which one of the following is the most accurate description of the nature of this regime? ‘That it indicates a move from exceptionalism to non-exceptionalism That it indicates a move from gradualism to positivism. ‘That it indicates a move from individual harm to substantive harm ial forms to civil forms of liability : Which one of the following is the correct option? AB and C A,CandD C,DandB B,Dand A Which of the following enactments serves as ‘no fault” lability standard for speedily disposing of claims of victims of hazardous industrial accidents? Insurance Act, 1991 Water Act, 1974 Forest Rights Act, 2006Part-II (Subjective Type Questions) Instructions: 1) All questions are compulsory. Qu. Qu. Q2. Q2. Q3. 2) Each question carries 10 marks (Total 40 Marks) Critically analyse the concept of ‘absolute liability as enunciated by the ‘Supreme Court of India. You must distinguish it from the English concept of ‘strict liability’ as done so by the Supreme ‘Court in the relevant judgment. oR Heat ube the Supreme Court of India has examined some very important questions concerning [fest laws and regulations in India. The matter was heard in light of a number of aligned and other matters that were listed before the ‘Supreme Court examining the provisions of the Forest Conservation Act 1980, the Supreme Court passed several orders and also listed the principles that were adopted by the Court in fashioning new remedies. Examine in this context the laws relating to forests in India, what was the definition that was adopted by the Supreme Court in this matter, given that there no definition of forests in India. Examine the facts and the background of the dispute, and also explain the law laid dewa by the Court in this matter, Zhe Convention on Biodiversity and its additional protocols regulate matters connected with and incidental to biodiversity in intemational law. The fundamental concems of movement, transfer, uss, Handling, export-import, access to genetic resources its exploitation and of living modified organisms, genetically modified organisms are regulated by the Convention. The Convention recognises the intrinsic value associated with biodiversity, that biodiversity is under threat, thet Preservation and sustainable use of biodiversity is paramount in securing a sustainable future, In India there have grave concems about bio-piracy given the ease of turmeric and its patent being Eau in the United States. Similarly attempts have been made to commerially exploit ethe, biological resources without acknowledging the rights and obligations towards visies wel creates. Hence a regulatory mechanism has been put in place for the use and preservation of biodiversity in India. Recently the Uttarakhand High Court has ordered an Indien company to Share profits that it has generated over the commercial use of biological resources. This hes lel ty Temroversy as to whether Indian Companies ought to be brought under the same regime as foreign companies. There is also concern about access and benefit sharing under the lew, Explain the provisions of the Convention on Biological Diversity, the Biological Diversity Act, and also the emerging regime of biodiversity law. OR Critically analyse Justice Kuldip Singh's judgment in the seminal “SPAN Motels case”. ‘There are of the many approaches to development few that shed light on the nature of the concept, the nature of the idea of development, the institutions and policies that frame development. There are additionally practical and theoretical concerns about development. There are ideological and Pedagogical concems and approaches. There are rules that are to be famed to detennine she nature of rights conceri obligations, responsi Examine the concept, idea, theory, context, practice and nature of development and compare them with environmental concerns, ORQa. Qa. Write a critical note on ‘environmental justice’ and how its chief concerns found themselves at odds with the environmentalism of old. Say, the kind that may be traced back to the likes of figures such as Edward Abbey and Dave Foreman in the United States. Critically analyse the Supreme Courts’ recent order in “Wildlife First v Ministry of Environments and Forests (2008)". A critical analysis is must and mere summation of the judgment will not do. OR “The source of modern public trust law is found in a concept that received much attention in Roman and English law - the nature of property rights in rivers, the sea, and the seashore, That history has been given considerable attention in the legal literature, need not be repeated in detail bere, But two points should be emphasized, First, certain interests, such as navigation and fishing, ‘ere sought to be preserved for the benefit of the public, accordingly, property used for the those Purposes was distinguished from general public property which the sovereign could routinely Brant to private owners. Second, while it was understood thet in certain common properties - such &s the seashore, highways, and running water - "perpetual use was dedicated to the public,” it has never been clear whether the public had an enforceable right to prevent infringement of those interests, Although the state apparently did protect public uses, no evidence is available that public rights eould be legally asserted against a recalcitrant government.” “The Public Trust Doctrine primarily rests on the principle that ceriain resources like air, sea, Waters and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being a gift of nature. They should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the. general Public rather than to permit then- use for private ownership or commercial purposes. According to Professor Sax the Public Trust Doctrine imposes the following restrictions on governmental authority.” “Three types of restrictions on governmental authority are often thought to be imposed by the Public trust: first, the property subject to the trust must not only be used for a public purpose, but it must be held available for use by the general public; second, the property may not be sold, even for a fair cash equivalent; and third, the property must be maintained for particular types of uses.” M.C. Mehta Vs. Kamal Nath and Ors. The above extract from the Supreme Court judgment underscores several important way to understand the role of the Supreme Court, The manner in which the Supreme Court has dealt with questions concerning law, the source in the above matter were several judgments of American Courts, this is in fact not the first time that Supreme Court has relied or has been persuaded to hold in a particular manner based on judgments of courts from other jurisdictions, This raises questions about the value that is placed on foreign judgments especially if they are from the common law jurisdictions, Other substantive questions would require the fleshing out of the concepts in our law, which have remained unexplored, like the public trust doctrine, In another context the High Court of Kerala was faced with a question concerning public trust, the court has relied on this interpretation and other interpretations in fashioning remedies. Examine case law and the application of the public trust doctrine and nature and role of courts in fashioning new remedies.