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LAW
3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW
UNIVERSITY
By
ANIL KUMAR K T
Mob: 9584416446
Karnataka State law university 3 and 5 Years LLB.
Environmental Law
ANIL KUMAR K T LLB COACH
Most important previous year questions
1. What are the different provisions of the Indian constitution concerning
the protection environment?
2. Define the term protection and explain the different kinds of pollution.
3. What is meant by global warming? How does it affect environment?
4. Explain the provisions relating to prevention and control of water
pollution under the water act.
5. Explain the salient features of forest conservation act 1980.
6. Explain occupier “hazardous substance” and “Handling “ as defined
under environment protection act 1986.
7. What are remedies available under tort law to an individual against
pollution of environment.
8. Discuss the “pollution pays” principle with the help of decided cases.
9. Write a note on Eco mark scheme.
10.Write a note on environmental audit.
11.Explain the ancient Indian Environmental ethics.
12.Write a note on environment.
13.What are the factors responsible for Environmental pollution? And state
the remedies.
14.Write a note on global warming.
15.Discuss the role of judiciary in protection of environment with the help
of decided cases.
16.Write a note on precautionary principle.
17.Explain the Stockholm declaration on human environment of 1972.
18.Want is sanctuary? Explain the legal provisions for declaration of
sanctuaries under the wild life protection act.
19.Explain the salient features of the air pollution act 1981.
20.Write a note hunting.
21.Explain the provisions and procedure of collection of sample.
22.Explain the regulations on disposal of biomedical waste?
23.Write a note environment impact assessment.
24.Explain the remedies provided under criminal law to control
environmental pollution.
25.Explain the frame work of the water ( prevention of control of pollution)
Act, 1974. Discuss the identified sources of water pollution?
26.What measures have been taken to protect our wild life under the wild
life protection act 1972? How far are these measures effective.
27.Write a note on earth summit 1992.
28.Explain with decided cases the concept of sustainable development.
29.Briefly explain the common law concepts to check environment
pollution.
30.Discuss the rule of absolute liability with the help of decided cases.
31.Write a note on offences of government departments.
32.Write a note on transboundary pollution.
33.Explain the provisions relating to prevention, control and abatement of
environmental pollution under the environment protection act 1986.
34.Discuss the powers and functions of the central pollution control board
for prevention and control of water pollution under the water act.
35.Explain the constitutional remedies to check and control pollution.
36.Write a note on wet lands.
37.Explain the role of public interest litigation in environmental protection.
38.What is green house effect? Discuss the consequences of green house
effect and global warming.
39.How judiciary has responded to forest conservation? Refer to decided
cases.
40.Discuss with decided cases the dimensions of article 21of the Indian
constitution in relation to environment.
41.Write a note on class actions.
BY
ANIL KUMAR K T LLB COACH
1. What are the different provision of the Indian constitution
Introduction:-
Environment has been set off by Judicial acuities in the recent times.
Environment.
Article 49-A
fundamental duty.
"It shall be the duty of every citizen of India to protect and improve
the natural environmental including forests, Lakes, rivers, and wild life
Article 253
Article 253 states that parliament has power to make any law for
the whole or any part of the country for implementing any treaty,
of article 253 to enact Air and environmental Act. Confirm this view.
There Acts were enacted to implement the decision reduced at stock
Holm conference.
Protective of Environment
The government and contractor recognize that protect operation
its operations with due regard to concern & with respect to protection
Kamalnath care
of India diverted the cause of river Beas to the motel & also encroached
upon some forest land. The apex court ordered the management of the
spam motel to hand over forest land to the govt. Himachal Pradesh and
of exemplary damages for the first time in India. The court said that
polluter must pay to revives damages caused his act and imposed a fine
doctrine.
pollution.
Introduction:
Definition
resources.
Different kind of pollution
1. Natural pollution
2. Man made pollution
Natural pollution
3. Pollution by drought.
The pollution & cause for draught vice versa. The increasing air
pollution all over the globe in the past 50 years has reduced the days
of rainfall by nearly a quarter. The bad dry air is now affecting every
nations ability to grow nutrition ford crops and it also causes many
➢ Air pollution
➢ Water pollution
➢ Noise Pollution
2. Water pollution.
unless the water is pure & unpolluted. It can not be used for human
3. Noise pollution.
The main noise pollutants are lound speaker the machinery noise
from factories, Radio, Televisions tape recorders, grinders etc.
3. What is meant by global warming? How does is affect
environment.
Introduction:-
the climatic pattern of the earth. However the concept of global warming
constantly.
Definition
warming.
Effects of Environment.
The following are the major effects of global warming has led to an
increase in temperature.
1. Raise in temperature:-
Global warming has led to an incredible increase in the melting of
glaciers, Which have led to an increase in the sea level. This could have
2. Threats to Ecosystem:
Global warming has affected the coral reefs that can lead to the
loss of plant and animals lives. Increase in global temperatures has
3. Climate change
are droughts at some place and floods at some. This climate imbalance
4. Spared diseases
humidity. This has led to the movement of mosquitoes that carry and
spread diseases.
calamities, the average death usually increase. Also such events can
bring about the spread of diseases that can humper human life.
natural habitat and many of them even become extinct. This is yet
another major impact of global warming on.
4. Explain the provisions relating to prevention and control of
Objectives:-
wholesomeness of water.
water pollution.
Provisions,
2. Co- ordinate the activities of the state boards and resolve disputes
among them.
Section 17:-
3. Inspect and lay down, modify or annual effect standards for the
Section 19:-
If the state board feels that the provisions of this act need not
apply to some parts of the state, it may recommend the state
government to do so.
Section 20:-
(s) on its behalf to take surveys of any area and gauge and keep records
of flow, volume and other characteristics of steams.
Section -33:-
resources in an area.
application.
act.
1. Forest were transferred from the state list to the concurrent list
2. This act empowers state governments to use forest area only for
forestry purpose.
• Reforestation
environmental quality.
6. The act ensures that in order to stop forest of dwellers from cutting
trees they must have full access to fuel fodder, building material
wood etc at a subsidized rate.
9. This act contains provisions that were drafted with the intent to
10. The act seeks to spread awareness amongst organization and the
environmental protection act 1986. This act was enacted after the
sufficient to deal with the cases related to pollution of land, water, and
air etc. The only way victims of environmental pollution can seek
categories in India.
➢ Nuisance
➢ Trespass
➢ Negligence and
➢ Strict liability
2. Trespass
3. Negligence
reasonable care. This act omission to not take reasonable care is called
negligence.
4. Strict liability
fault.
Environment pollution.
cases.
Introduction:
History
enrished the polluter pays principle stating that the pollution should
The concept
on his activity. The rule is premised upon the very nature of the activity
carried on.
shift the financial burden of the pollution incident to the tax payers.
Introduction:
standard for products which are ecologically safe and adheres to the
standards prescribed by the BIS. It is issued by the ministry of
➢ The Eco Mark scheme falls under the ambit of the Ministry of
Environment, forest & climate change.
management of resources.
Introduction
➢ Investigate
➢ Understand
➢ Identify
These are used to help improve existing human activities, with the
customers.
Earlier Answer.
Introduction
substances and also it effects the food chain, carbon cycle, nitrogen
cycle, oxygen cycle, and also it damages the plant and animal life,
besides damage to property and buildings.
Factors of pollution
➢ Natural pollution
1. Natural Pollution
The solution of natural pollution are mainly earth quakes flood,
Cause of pollution
Population growth
Industrialization
Dust and smoke released in the atmosphere by industrial
activities affect the atmosphere and combined with water dust and
The smog has many evil effects one of which is that it causes
health problems including death. The rapid exploitation of natural
various levels.
Deforestation
properties like raw material woods, and timbers for building purposes
keep the soil intact, maintain fertility of the soil, keep the ground
water, level high and avoid floods.
Urbanization
People from rural areas are more and more migrating to urban
Agricultural development
Social dimensions
standard of man but on the other hand have brought degration and
Remedies
3. Basic solutions for air pollution must involve moving away from
fossil fuels.
➢ Deforestation
➢ Increasing live stock forming
➢ Electricity generation
➢ Increasing transportation
Effect of global warming
➢ Hotter temperatures
➢ Warming of oceans
of Judiciary in India.
(Godavarman Case)
were removed. Further there was illicit mining in the forest. The
supreme court made a thorough study and laid down the following
stopped.
protection.
➢ Illegal falling of trees must be punished.
➢ Mining operations in reserve forests must not be permitted.
2. Judiciary and industrial development
source of pollution.
Bengal AIR.
successful.
A chimney was constructed with holes and the smoke and fumes
were emanating from the chimney and it was causing health hazards
Water pollution
Mukesh textiles mills (p) Ltd. Vs. H.R. Subramanya Sastry in the
defendants sugar factory, molasses were stored in tanks due to the
burrowing activity of rodents the molasses leaked to water channel
The High court held that the defendant was liable to pay
the residence of the locality as the dust particles of the fodder polluted
The Rajasthan High Court held that the public health must not be
allowed to suffer and hence passed an order to remove the said
business from the locality.
Introduction
Taj Mahal.
Introduction
for the first time, the world nations seriously discussed and
Universal truths
natural and man made Environment are essential to his well being
natural Environment.
Principles
generations.
appropriate management.
imperiled.
Introduction
targets.
above.
animal or, in the case of wild birds or reptiles, damaging the eggs
Introduction
analysis can take samples of water from any stream well sewage or
The concerned board analyst and tests the sample and submit his
One copy is sent to the occupier or his agent, the second copy is kept
1986, the Biomedical waste (Management & handling) Rules, 1998 have
waste is handle without any adverse effect to human health and the
Environment.
2. He must ensure that the Bio- medical wastes are treated and
disposed as per schedule I of the rules and also in compliance with the
storage.
the premises, the container must apart from the label prescribed
48 hrs.
6. The municipal body of the areas must continue to pick up and
capacity to handle bio- medical waste an per these rules then he can
Authorization
patients per month all other occupiers of bio- medical wastes must
➢ Advisory Committee
➢ Annual report.
Every occupier must submit an annual report to the prescribed
Introduction:
policies.
the various options for making decisions which will not affect
Environment.
For eg. In the Tehri Dam project, the public opinion and media
compelled the government to once again make proper Environment
impact assessment (EIA) of the proposed dam and to consider all its
safety aspects.
Environmental impact assessment - A multi dimensional
Decision making.
Introduction:
Section 268 of the Indian Penal code defines public nuisance. Section
290 provides for punishment for public nuisance under section 268 of
IPC noise pollution can also be controlled.
Section 269 to 271 make a negligent act likely to spread infection
272 to 276 deal with the adulteration of food, drinks and drugs, section
277 can be used to used to prevent the water pollution in certain cases.
Under sec. 284 to 286 IPC can also be used to prevent the
Under sections 426, 430, 431 & 432 of IPC general pollution
to remove the public nuisance causing pollution. He can also make the
conditional order absolute and if any person fails to comply with the
order he can be punished under sec. 188 of IPC.
under sec, 133 of CrPc. The magistrate court ordered in favor of the
local residential people. In the final appeal before the Supreme Court, it
held that the magistrate’s order was in order and that the plea of the
municipality that it had no money or finance to spend for removal of
Introduction
resource. 70% of the globe is of sea water and more than 90% of the
total water is sea water and the less than 10% is fresh water which is
to be used for human beings.
inorganic wastes reduce the oxygen levels in water and also affect
5. Reductive pollution
The radio active substances are highly toxic and produce major
health hazard.
6. Oil pollution
The navigable ships expel oils into the seawater and fresh water.
pollute the sea water to the maximum not only it destroys the sea
8. Marine pollution
the wild life protection act 1972? How far these measures
effective?
Introduction
The wildlife act passed in 1972 to protect the wild life and their
habitats. The habitat destruction due to agriculture, industries,
urbanization and other human activities had led to the erosion of the
Provisional
1. Officers.
The Board meets twice a year and has its own procedure for
regulation.
Duties
3. Amendment of schedule.
2. No person must hunt any wild animal specified in schedule II, III
and IV except as per conditions specified in a license granted to
him.
The chief wild life warden permit in writing with reasons any
Restrictions on hunting
craft.
weapons
history of international law held at Rio de Janeiro from 3rd to 14th June
1992. 178 nations attended it. The need for the conference was due to
Preamble
Principles.
special priority.
their people.
Introduction
Definition
eradicated. The minerals oil, ores, etc., if used abundantly will reduce
the stock available for future generations. so minimum use of such non-
both current and the future potential to must human needs &
generation.
3. Environment protection.
7. Poverty eradication.
Care laws.
The apex court observed that where the state government makes
natural resouces).
environment pollution
Damages awarded in common law suits are paid directly to the plaintiffs
common law action after the but way that private plaint can be mode
whole.
Civil actions brought under the common law offer several benefits
but they are not accessible to everyone who may have potentially been
sufficient to show that the defendant & wrongful action caused act and
foreseeable harm to the plaintiff and must prove that he suffered deeply
recognized damages becuase of the defendant wrongful action caused
actual and foreseeable harm to the plaintiff and must prove that he
in judicial courts.
property owner's rights to use and enjoy their property and other
In some cases people are liable for their actions even without any
fault, negligence or intentionally wrongful conduct. where applied, that
SLAPP suits.
Conclusion
30. Discuss the rules of absolute liability with the help of decided
cases.
It is a modern law of tort which means liability without fault i.e.
person is only liable for harm due to his intention or negligence and not
liability evolved in the case of M C Mehta Vs. Union of India. This is one
of the most land mark judgment which relates to the concept of absolute
liability.
The facts of the case are that some oleum gas leaked in a
particular area in Delhi from Industry. Due to leakage many people were
affected. The Apex court then evolved the rule of obsolete liability on the
rule of strict liability and stated that the defendant would be liable for
liability rule.
caused to any harm is caused to any person due to any accident which
occurred during carrying out such inherently dangerous and hazardous
activity then the person who is carrying out such activity will be held
absolutely liable.
Case law
liable for the harm resulting from the operation of such activity. Here,
even slight negligence may cause severe damage to a plaintiff and the
on the part of any officer other than the head of the department such
officer shall also be deemed to the guilty of that offence and shall be
country but by crossing the border through path ways of water or air is
of the world.
For example:- the dust from the Gobi Desert of Mongolia travel for out
into the pacific ocean similarly the dust that pass over Japan from Asia
The joint task force on the health aspect of air pollution was
Section -8 provides that any person who is handling the procedure safe
guards of the emission is to a very large extent or is apprehended
regarding the same and for that one receipt of remedies shall be
The authorized officer has power to enter and inspect any place
for the purpose examining and testing any equipment, industrial plant,
record, register or document and make necessary seizures to prevent or
2. Co- ordinate the activities of the state boards and resolve disputes
among them.
3. Provide technical assistance and guidance to state boards and
6. To perform the functions of the state board if the state board has
failed to carry out the directions of the central board and such
public interest.
to water pollution.
9. Plan and organize nation wide programme for the prevention and
boards.
pollution?
1. Nuisance
2. Negligence
3. Trespass
4. Strict liability
5. Penal provision
Introduction
Wetlands are the areas where water is the prime factor that
determines the environment upper of flora and fame of the place. The
wetlands are mainly found where the water level is at pan with or near
the surface of the land of if the land is coverer by water.
Importance of wetlands
1. Water purification
3. Source of livelihood
4. Source of food
8. Erosion check
9. Aesthetic appeal
protection.
Introduction
PIC stands for public interest litigation and as name suggests the
cases under this category are filed for the good of the society at large
due the public interest the concept of PIL in India was introduced in the
year 1979 where in the rights of under trial prisoners and the in human
conditions of the prisoner was discovred by the court in the case of
Hussainare.
Khetoon Vs. Union of India (1979 AIL 1364, 1979, SCR (3) 532)
Justice P.N. Bhagwati played a major role in developing the
concept of PIC and a potent weapon was given in the hands of the people
in case there is a breach of a public duty which affect the public at large.
disregarding them.
like not taking proper case of the water and sanitation facilities in
the locality.
For example:-
pollution.
orders of the government and went to the court although the court
the cases.
Maharashtra was in issue and a PIL was filed in this regard in the
the habitat & hence, the court held that it is the obligation of the state
to restore these Mangrove areas and a committee was also formed in
Introduction
emitted by the earth's surface after being heated by the sun, this
retrains to the atmosphere a global rise in sea level and the release of
large methane columns are only some of them however, they are all
The intensification of the green house effect does not cause these
4. Migration of species
Many animal species will be forced to migrate in order to survive
according to the world bank by 2050 the number of people forced to flu
reproduction diseases
3. The Indian constitution Articles 48 (A) and 51 (A) deal with forest
48 (A) says that the state must endeavor to protect and to save the
5. The wild life protection act 1972 was passed to arrest the sharp
decline of wild life in forest.
Case Laws
other cases with similar nature were added to this case. The court
attempted to address and explain terms like forest and forest land. The
The center for environment law WWF Vs. Union of India & others.
The supreme court, though this Judgment took the power of the
central government and state government concerning deservation. Both
Godavarman case & this case have made major changes in forest
this case.
➢ Non forest activities are permitted only if they are approved by the
forests Act 1980.
time to time after the decision of the Supreme Court in Monika Gandhi
to live with human dignity. The right to live in healthy constitution was
first recognized in the case rural litigation and entitlement Kendra Vs.
State AIR 1988. (Popularly known as Dehradun quarrying case) It is the
first case of this kind in India.
the court has stated that article 21 including the enjoyment of life as
may affect the health of smokers but there is no reason that the health
of passive smoker should also be injuriously affected since article 21
guarantees that no one shall be deprived of their life it was held that it
Introduction
have suffered the same or a similar kind of injury A class action alloys
people to come together aggregate claims expert evidence and the legal
fee together class auction helps the plaintiff in recovering costs which
may or may not be equal to the extent of injury that has been caused.
class auction the cause of action is almost the same for al parties but
BY
ANIL KUMAR K T LLB COACH