Author-Prof.PrakushK.

Mokat
the Best WillDo") Author-Prof.PrakashK. Mokal
Nhil NisiBonum"['Only RevisedSyllabus:
Salient Features of the Book.
*$********* ******
******************************* ****
********
** * i.

ENVIRONMENTAL LAW"
recommended Books.
University
1) This Book
is based on the . Concept of Environment and Pollution or introduction_ to the Problem of
the Universin.
Environmental Protection:
revised svllabus prescribed by i) Environment
is gven to the
2) Full co1verage academic year 2004
-2005. a) Meaning and contents.

with etfectfrom the ii) Pollution:

in this subject are arranged in a) Meaning.
and respective Acts included b) Kinds of pollution.
3) All the Chapters the students to understand and
the sequel order. This will certainly enable c) Causes of pollution, and Effccts of pollution.

remember them easily.

2. ConstitutionalProvisionsRegardingEnvironmentalProtectionincluding:
i) Directive principles.
carefully prepared by the
4) All important topics in the respective Chapters
are
ii) Fundamental rights and duties.
all those Questions appearing in the
author to provide detailed answers to
iii) Right to clean and healthy environment.
universiy examination. iv) Right to education.
v)Right to information.
of expression is
5) Important points have highlighted and clarit
been
maintained all through the Book by using simple language. Lavs:
3. Environmental Protection under the GeneralCode.
Code. Criminal Procedure
Nuisance - Penal
6) This Bookis completeand exhaustivefrom the exam.point of view. No 4. GeneralIntroduction-The EnforcingAgenciesand Remedies:
need to referto Bare Acts or any separatequestionbank. i) Courts.
ii) Tribunals.
7) This Book will enable the students to answer all subjective and objective
questions including situational problems appearing at the University 5. PolluterPaysPrinciple:
Public liability, insurance.
Examinations.
6. Precautionary Principle.
8)Morethan260 relevantauestionsfor ShonAnswerson all the Chapters
includingUniversityExaminationquestions)have beengivenat theend of 7. Sustainable Development.
this Book
8. Water PollutionAct,1974 Sections1to 23;41to 481 And
9UpdateUniversin ExaminationQuestionPapersalongwith theirSolutions Air PollutionAct,1981(SectionsI to 4661:
) Meaning and air standards.
includingNovember,20190. Paper)are givenattheend ofthisBook ii) Culprits and victims.
iii) Procedures for sampling.
Protection Agencies their
Formation of Boards and their functions or
iv)
powers and functions.
 4. Author-ProfPrakashK. Mokal
Author-Prof.Prakash K. Mokal
Offences and penalties.
Law in India (1996), Concept
2. R. B. Singh and Suresh Misra, Environmental
Judicial approach.
vi) PublishingCo., New Delhi.
Law and Policy in India (1997), Deep
3. Kailash Thakur, Environmental Protection
9.NoisePollution. and Deep Publications, New Delhi.
Environmental Law, the Economy and Sustainable
4. Richard L. RiverSz, et. al. (eds.)
ProtectionAct,1986 Development,(2000), Cambridge.
10.Environmental "Should Trees Have Standing" and other Essays on Law,
5. ChristopherD. Stone
I1. Bio-MedicalWaste, Morals and Environment (1996), Oceana.
and Environment (1990), Easter, Lucknow.
6. Leelakrishnan P. et. al. (eds.), Law
-

Law in India (1999), Butterworths

India. -

7. Leelakrishnan P. The Environmental

-

12. HazardousWaste. Government of India, Report of the

8. Department of Science and Technology,
Committee for Recommending Legislative
Measures and Administrative Machinery
13. EnvironmentImpactAssessment, Committee Report).
for Ensuring Environmental Protection (1980), (Tiwari
Number of Environment and
9. Indian Journal of Public Administration, Special
14. CoastalZoneManagement, Administration, July, September 1988, Vol.
XXXV No. 3, pp. 353 801.
of India's Environment, 1982, 1984
10. Centre for Science and Environment, The State
15.EnvironmentalAuditand Eco-Mark. - 85, and 1999-2000.
Future
Environment and Development, Our Common
11. World Commission on
16. DisasterEmergencyPreparedness. (1987), Oxford.

17. Town and CountryPlanning.

18. Forest:
i) Greenery conservation laws Forest Act, 1927 (Ch. I to 5 and Section 80).
-

ii) Forest conservation Forest Conservation Act, 1980; Forest Conservation

Rules, 1981.
ii) Conservation agencies.

19.Wild LifeSanctuaries
Protectionand
Act,national
1972: parks.
)
ii) Licensing of zoos and parks.
ii) State monopoly in the sale of wild life.
iv) Offences against wild life.

20. International Regime:

i) Stockholm conference.
ii) Green-house effect and ozone depletion.
ii) Rio conference.
iv) U.N. declaration on right to development.
Recomm¬inued Readings:
1. Aarmin Rosencranz, et. al., (eas.) EivrOnnental Law and
Oxford. Policy in India, (2000)
 Author-Prot,
Prakash K. Mot
Short Mokal
Eamination
Full Questions & ort Notes Author-Prof PrakashK. MokalL
Imortant University
2005 to November,2019) [6] 4pril. 2007
From,Apni, 18) Elucidate the aim and object of the Water Act, 1974, stating
"Environment
salient features of the Act.
manifested in various Cases.
19) Discuss the Role of PlLL in Protection'

Full Questions: (Refer Book on "Practical Training Puper Il" by the author).
under EPA, 1986, to protect environment
20) What are the powers Central Government have
2008
From April,2005 to April, from pollution ?

Old QuestionPaper Pattem)

RerisedCoursewith 7 November, 2007
the Water Act.
21) State the functions of the State Board under
Act.
[1] 4pril, 20ws 22) Discuss the penal provisions under the Wild Life Protection
and functions of the Central Government under the Environmental
2.3) Discus the powers
relation to protection of environn
of the Central Government in nment as Protection Act, 1986.
1) What are the powers 1986?
Environment Protection Act.
contemplated under
commitment to environmental protection. [8] 4pril, 2008
2) Establish our Constitutional
of protection of the environment with special reference to th. 24) Discuss the different penal provisions under the Air Act.
3) Make the eritical appraisal
Criminal Procedure Code. 25) What are the powers and functions of the State Board
provisions in Indian Penal Code and
underthe Water Act? ?
26) How does the Wild Life Protection Act seeks to protect the animals,
birds and plants Bring
[2] Vovember, 2005
out the salient features of the enactment.

6) What are the powers of the Central Government in relation to protection of environment as
contemplatedunder Environment Protection Aet, 1986? RevisedCourse with New QuestionPaper Pattern Nov., 2008 to Nov., 2019)
7) Establish our Constitutional commitment to environmental protection.
8) Make the critical appraisal of protection of the environment with special reference to the (9] November, 2008
provisions in Indian Penal Code and Criminal Procedure Code. features of the Air Act ?
27) What are the main
28) Is judicial activism at its best in environment protection cases ? Illustrate your answer with
13] Vovember,2005 appropriate cases.
9) What are the powers of the Central Government in
relation to protection of environment as with reference the
29) Make a eritical appraisal of protection of environment special to
contemplated under Environment Protection Act, 1986? provisions in the I.P.C. and Cr.P.C.
10) Establish our Constitutional commitment to
environmentprotection. 30) Explain the Penal Provisions under the Water Act.
11) a) Powers to make rules for
protected forests under the Indian Forest Act, 1927. 31) Discuss the powers of the Central Government to take measures under the Environment
b) Power to take samples of effluents and
as contemplated under the Act.
procedure to be followed in connection there with Protection Act.
32) Discuss the regulations with respect to Hunting under the Wild Life Protection Act.

4] May, 2006
12) What is [10] May, 2009
our
constitutionalcommitment to environment
importanceof the 420a Amendment to the Constitutionof protection ? 33) What is the importance of the constitutional provisions with respect to Environment
13) What acts are offences under the Water ACt India. Highlight tne
Protection ?
Water Act. Critically examine the 34) State the functions of the Central Board under the Air Act.
penal provisions of the 35) What are the powers of the Board to take samples of effluents and procedure to be followed
14) What is Hunting'
as defined under the
Wild Lite
regulated under the Act. (Protection)
Act ?
Explain how it is
in conneetion therewith ?
36) "Indian Judiciary has played a seminal role in creating a new environmental jurisprudence
5] November, 2006 in the country using Public Interest Litigation as a conventional tool". Discus
15) Critically examine the 37) Criticaly examine the protection of the environment with respect to the provisions under the
protection
of environment
Indian Penal Code and Criminal Procedure
with
reference ta s criminal law and law of torts.
Code.
16) Development in the field of environmental law is provisions under the 38) Explain how hunting is regulated by the Wild Life Protection Act.
more
legislation. - Explain.
through judicial
17) What are the aims of the Wildlife Protection Act, 1972 ? dynamism than (11] October, 2009
Give the salient 39) What are Public lnterest Litigations ? Give illustrations. Explain the relevance of these in
features of the. Act. environment protection.
 8.
Author-Prof.Prakush K. Mokal
(
take measures and
to protect
improve the Author-Prof. PrakashK.Mokal
of the
Central
environment pollution cases
? Discuss.
ers
Activism' ? Is it at its best in
Discuss
the pon
65) What is 'Judicial under the Water Act.
functions of the Central Board
40) Act.
the Water and the procedure
66) Enumerate the
environment.
under ns and
and state
state the nra
procedure or emission
provisions
or air or
emissions
to be of the to take samples of the air
the penal the provisions power
41) Discuss the power to take samples 67) Explain
State Board under the Air
Act.
Act. under the
Elucidate under the Air to be followed by a with respect to the provisions
42) State Board to environment environment
by the of lndia with respect the protection of the
followed Constitution
68) Critically examine
the provisions ofthe Protection Act. Indian Penal Code.
43) Discuss
Environment

salient features ofthe

44) Give the
[16] May. 2012 Central Board ?
intluenced the development of enir what are the functions of the
[12 4pril. 2010
Gas Tragedy. ironmet 69) Under the Water Act, Laws is more through judicial dynamism
than
Absolute Liability used by the
how the "Bhopal the field of Environmental
45)Explain that the principle of Indian 70) Development in
also discuss about the help of decided cases.
law in India,
and
Legislation'. Explain with on entry in a Sanctuary
?
the Wild Life Protection Act, what are the restrictions
Judiciary in this
context.
(Protection) Act. 1986, and also illust. 71) U./s. 27 of to take sample and
salient features of the
Environment
astrate Environmental Protection Act, explain the power
46) Discuss about 72) U./s. 1l of the therewith.
eriticism. in connection
the points of its
on the Environmental Law in India procedure to be followed Act.
Declaration and its impact the penal provisions under the Water
47) Discuss about Stockholm the lndian Judiciary in Environment. 73) Critically analyze
contributed in the protection of
the environment
to Life' by had
about the enploration of "Right Constitution of India
how the
48)Discuss 74) Explain
Cases. at large.
followed by the Board for taking samples of effuents and
49) 1W hat is the procedure to be
the powers available to such Board for enabling the said
making their report? What are [17] December, 2012
Waste Rules.
functions under the Water (Prevention and
Control of Pollution) Act. 1974 the provisions of the Bio-Medical
75) Critically analyze ? Explain withreference to the
the environmental issues in the country ? 76) Are the Noise Pollution Rules
effective in our country
50) W hat is Town Planning and how it influences
provisions under the said Rules. cases ? Diseuss.
at its best in environment pollution
13] Vovember, 2010 77) What is Judicial Activism' ? Is it Government in relation to protection of
S) Discuss the Powers of Central Government to take measures to protect and improve the in the Central
78) Summarise the powers vested
Environment Protection Act.
Environment. environment as contemplated under the
52) "The Indian Constitution is one of the Law constitutions in the world having special the aims of the Wildlife Protection Act ? Give the salient features of the Act.
79) What are
available under the general laws and civil laws for
80) What are the different types of remedies
Provisions for Environmental Conservations" - Discuss.
S3) Explain the provisions for Environment Protection under General Laws. the protection of the environment ?
54) Discuss different Penal Provisions under the Water Act, 1974.
55) Give the classificationsof Coastal Regulation Zone and which are the activities declared as [18] 4pril, 2013
Water Act.
Prohibited' under the Regulations.
81) Enumerate the funetions of the Central Board under the
56) Discuss "Public Interest Litigation" as an instrument for the the of the to take samples of the air or emission and the procedure
Protection of Environment. 82) Explain procedure power
to be followed by the State Board under the Act.
[141 4pril, 2011
83) Discuss in detail the salient features of the Environment Protection Act.
57) Enumerate the Powers of the Central Government to take 84) Noise Pollution Rules.
measures to protect and
the environment under the Environment Protection Act. improve
58) Discuss the Constitutionalprovisions with respect t0 85) Critieallydiseuss the Penal Provisions under the Water Act.
environment 86) What is Judicial Activism' ? Is it at its best in environment pollution cases ? Discuss with
59)Public Interest Litigation has
assumed protection.
greater significance in the field of the help of decided cases.
pollution". -

Explain this statement in the light of decided Cases. environment

60) Explain the provisions for regulanng unng oi Wd
Protection Act. Animals, under the Wild Life [19] November, 2013
61) Discuss in detail the salient features of Environment 87) Explain the power to impose restriction of certain industrial plants under the Air Act.
on use
Protection Act.
62) Whatare the restrictions on new outlets and
new
discharges under 88) Explainthe Powers of the Central Government under the Environment Protection Act, to
Act? 25 of the Water Section take measures to protect the environment.
89) Explain as to how the Indian Penal Code succeeds in the protectionof the environment.
[15] November, 2011 90) Critically analyze the provisions of the Coastal regulations.
63) Discuss the penal provisions under the Water Act. 91) Under the EnvironmentalJurisprudence, state the Constitutional position for environment
64) How does the Environment Protection Act seek to protect environment
the protection. How in your opinion has *Judicial Activism' played a vital role in
salient features of the Environment Protection Act. environment ? protection ?
Highlight the 92) State the functions of the State Board under the Water Act.
 10. Author-Prof.Prakash K.
Moka
[20] May. 2014 with respect to Environmental p.
11.- Author-Prof Prakash K.under
Mokal
to environment conservation
protection and the
93) State and explain the Constitutional provisions
Protection Act seeks to protect the wild animals and otection. 119) Discuss the provisions related
Indian Penal Code and Criminal Procedure Code.
94) Elucidate how the Wildlife
salient features of the
Act. pBants 120) Striet Liability and Absolute Liabilityas provided by the law of torts and its applicationin
stating the Activism in Public Interest Litigation eases. Environmental cases. Explain with the help of decided cases.
of Judicial
95) State the role the procedure to be adopted for ana. 121) Have the Noise Pollution Rules been effective in the true sense ? Discuss.
of the State Board and explain
96) State the powers
the samples of water by it.
lyzing 122) "Public Interest Litigation has greater significancein the field of environment pollution".
reference to decided
Protection of the Environment With respect to the provisions nander Explain with cases.
97) Critically examine the
the criminal law and the law of torts.
[25] November, 2016
98) Define Bio-medical Waste. Deseribe the provisions regarding the segregation, Dae.
123) Discuss fully the procedure of collection of samples, its analysis and submission of analysis
transportation and storage of Bio-medical Waste as per the provisions of the Bio-medieat
edical report under the Water Act.
Waste Rules. 124) Enumerate silent features of the Environment Protection Act, 1986.
125) Discuss the Indian Constitutional provisions relating to environment protection and
[21] November, 2014 conservation.
99) Analyse the salientfeaturesof the Wild Life ProtectionAct. 126) Examine the principles of Sustainable Development.
100) Discuss the powers of the Central Government to take measures to
proteet and improve 127) The developmentin the field of environment protectionand conservation is mainly due to
the environment under the Environment Protection Act. the judicial dynamic activism. Explain with the help of decided cases.
101) Diseuss the Constitutional provisions with respeet to environment protection. 128) Discuss Coastal Regulation Zones Management.
102) Discuss in detail the salient features of the Water Act.
103) Analyse the salient features of the Air Act. [26] May, 2017
104) Explain the meaning and procedure of "Authority"under the Hazardous Wastes 129) Discuss the salient features of Sustainable Development'.
Rules.
130) Enumerate criminal laws role in environment protection.
22] May, 2015 131) State the compositionand funetions of Joint Pollution Control Board under the Air Act.
105) Diseuss the constitutional provisionswith respeet to environment 132) Discuss fully the procedure followed in collection of samples, its analysis and submission of
106) Explain the Penal Provisions under the Water Act. protection. analysis reports under the Water Act.
107) Discuss in detail the salient features of Environment Protection Act. 133) Discuss the powers of the Central Government to take measures to protect and improve
108) Public Interest Litigation has assumed great the environment under the Environment Protection Act.
significance in the field of environment
pollution.In the light of decided cases. Explain the abovementioned 134) Publie interest litigation has greatest signification in the field of environment protection.
109) Enumerate the functions of the Central Board under the statement. Explain with reference to decided cases.
Air Act.
110) Explain the provisions for regulating
Protection Act.
hunting of wild animals under the Wild Life [27] November, 2017
135) Enumerate the powers of the Central Government take measures to protect and improve
[23] November, 2015 environnment under the EPA 1986.
111) Explain the various provisionsto take 136) "Public Interest Litigations have greater significance in the field of environnment
therewith under the Air Act.
samples and
procedure to be followed in connection protection" - Explain with the decided cases.
112) Explain the meaning and procedure of 137) Explain provisions of environment proteetion under the Indian Penal Code.
Rules. "Authorization'" under the
Hazardous Waste 138) Discuss the penal provisions under the Water Act.
113) Analyze the salient features of
the Wildlife ProtectionAct.
114) Discuss the Penal provisions under the Water Act.
139) Explain the various provisions to collect effluent samples and procedure to be followed in
connection there with under the Air Act.
115) Discuss the Powers of the Central
Protection Act. Governmeno take
measures under 140) Discuss Indian Constitutional provisionsfor conservation and protectionof environment.
the Environment
116) "The Indian Constitutionis one the Constitutionsin
of the world
onmen Full Questions for May, 2018 to November, 2019 are included in this Book]
for Environment Protection". Discuss.
having special
provisions
[24] May, 2016
117) Discuss the
Short Notes:
provisions relating to Environment Protection and
in the Indian Constitution. and conservationincorpor
conse From April,2005 to April,2008
118) Enumerate the compositionand functions
of the Central Board under tha 1
porated RevrisedCourse with OldQuestionPaperPattermApril 2005 to April, 2008)
ater Act
 12
Author-Prof,PrakashK Mokal
13. Author-Prof Prakash K. Mokal
1] 4pril, 2005
proteet
the
environment.

Environment otection Act,

Protection A
1986. [7] April, 2008
Constitutional
duty to Government
under
1) of the Central 27. Stockholm Conference.
Rule-making power
articles. 28. Ganga Pollution Case.
2) in animal
State monopoly
3)
4) Environmental Audit. 29. Bhopal Gas leak Case.

to development. 30. Offences by Company under the Water Act.

5) Right Assessment. 31. Constitutional guarantee to protection of environment.
Environment Impact
6) 32. Hazardous Waste Rules.

[2] November, 2005

7) Offences under the

Water Act.
Revised Course with New QuestionPaperPattem -Nov, 2008 to Nov, 2019)
8) Stockholm Conference. [8] November, 2008
Education. 33. Environment Impact Assessment.
9) Right to
in animal articles. 34. Stockholm Conference.
10) State monopoly
Case. 35. Offences under the Water Act.
11)SilentValley Forum v/s. Union of India. and storage of Bio-Medical Waste as per Bio-Medical
12) Vellore Citizens 36. Segregation, packing, transportation
Waste Rules.
13] April, 2006 37. Power of entry and inspection under the Environment Protection Act.
under Air Act. 38. Power of Board u/s. 22 (A) of the Air Act to move the Court.
13) Procedure to take samples
Pollution case. 9] May, 2009
14) Ganga
15) Green House Effect. 39. Sustainable Development.
Wastes Rules. 40. Ganga Water pollution Case.
16) Grant of Authorisation under Hazardous
Act.
17) Power to Reserve Forest under the Indian Forest 41. Coastal Regulations.
18) Purpose an scope of Forest Conservation Act. 42. Offences by companies under the Environment Protection Act.
[41 November,2006 43. "Bar of Jurisdiction" under the Air Act.
19) Prohibitedactivitiesunder the Coastal Regulations. 44. How "Right to Information" can be effectivelyused for Environment Protection?
20) Goa Foundationv/s. Konkan Railway Corporation.
21) Cognizanceof offences under Wild Life (protection) Act, 1972. [10] October, 2009
22) Noise Pollution. 45. Green-house Effect and Global Warming.
23) Segregation,packaging, transportation and storage of Bio-Medical Wastes as per Bio-Medical 46. Oleum Gas Leak Case.
47. Under Bio-medical Waste Rules - Segregation, Packaging, Transportation and Storage.
Rules, 1998.
24) Protetion of action taken in good faith under Environment Protection Act. 48. Disaster Management.
49. Power of Entry and Inspection under the Water Act.
5] 4pril, 2007 50. Coastal Regulations.
25) Importanceof Articles 48-A and 51-A (g) in environment
a) Oleum Gas Leak Case.
protection. [11] April, 2010
b) Johansburg Conference. 51. PrecautionaryPrinciplein the field of Environment Jurisprudence.
c)Powers to declare 'Air Pollution Control 52. Environmental Impact Assessment.
d) EnvironmentAudit Area' under the Air Act, 1981. 53. Environment Protection as covered under the Indian Penal Code.
Report.
e) Central Zoo Authority. 54. Disaster Emergeney-Management and Control.
55. Ratlam Municipal Case.
[6] November, 2007 56. Bio-medical Waste and the provisions of its segregation, packaging, transportation and storage.
21. Green House Effect.
22. Sustainable Development.
[12] November, 2010
23. Bio-Medical Waste.
57. Noise Pollution Rules.
24. Bhopal Gas Leak
Disaster. 58. Stockholm Conference.
25. Power of
26.
entry, search, arrest and
detention u/s. 50 of the Wild 59. Eco-mark.
Requirements and procedure Life Protection
EnvironmentImpact Assessment
for seeking
environmental clearance of Act.. 60. Air Pollution Control Areas as declared under the Air Act.
Rules projects unae 61. Sustainable Development.
62. 'Hunting' under Wildlife Protection Act.
 14 Author-Prof,Prakash K.. Mot
Mokal

(13) 4pril 2011 Water Act. 98. Rio De Janerio Conference.

15 Author-Prof PrakashK, Mokal
Directions under Seetion 18 ofthe 99. Noise Pollution.
63. Power to give
64. Sustainable Developnment. 100. Cognizance of offences under the Wildlife Protection Act, 1972.
Waste Rules. 101. Environment Impact Assessment.
65. Bio-Medical
Hazardous Waste Rules. 102. Green House Effect.
66. under the Air Act.
and Inspection
67. Power of Entry 103. Precautionary Principle.
under the Environment Protection Act.
68. Cognizance of Offence
[14] November, 2011 [20] November, 2014
Assessment.
69. Environment Impact 104. Taj Trapezium Case.
70. Eco-labelling Scheme. 105. Hunting" under the Wild life Protection Act.
71. Noise Pollution Rules. 106. Eco-Labelling Scheme.
72. "Offences by Company' under the Environment Protection Act.
107. Stockholm Conference.
73. Hunting' as the Wild Life Protection Act. 108. Ratlam Municipality v/s. Vardichand Case.
74. Power to declare Air Polution Control Areas under the Air Act. 109. Green House Effect.

[151 May, 2012 [21] May, 2015

75. Offences by Company under the Air Act. 110. Oleum Gas Leak Case.
76. Stockholm Conference. 111. Disaster Management.
77. Eco-Labelling Scheme. 112. Coastal Regulations.
78. Ratlam Municipalityv/s. Vardhichand.
113. Sustainable Development.
79. "Huntingof Wild Life' under the
Wild Life Protection Act. 114. Hazardous Waste Rules.
80. Under Section 21 of the Air Act.
power
to impose restriction on the use of industrial plants. 115. Stockholm Conference.
[22] November, 2015
[16] December, 2012 116.
81. Stockholm Conference. Applicability of the Hazardous Waste Rules.
117. Noise Pollution Rules.
82. Noise Pollution Rules.
83. Environment 118. Hunting under Wildlife Protection Act.
Impact Assessment.
84. Ganga Pollution case. 119. Air Pollution Control Areas as
declared under the Air Act.
85. Power of 120. Offences by the Company under the E.
Entry and Inspection under the EnvironmentProtection 121.
Protection Aet, 1986.
86. Eco-labelling Act. Eco-LabellingScheme and Eco-Mark..
[17] 4pril, 2013 [23] May, 2016
87.42nd Amendment to the 122. Eco-LabellingSchemne.
Constitutionof India
88.
Segregation,packaging,transportation
89. Taj and
relatingto EnvironmentProtection. 123. Hunting' under the Wild Life Proteetion Act.
Trapezium Case. storage of Bio-Medical Waste. n. 124. Hazardous Waste Rules.
90. Procedure for
declaring 'Reserved Forest. 125. Declaration of National Parks under the
91.
'Hunting' under the Wild Life 126. Wild Life Protection Act.
92. Persons who Protection Act. Coastal Regulations.
can make 127. Penal
EnvironmentTribunal.
an
application 1or claim of provisions under the EnvironmentalProtection Act.
eompensation under the National
[18] November, 2013 [24] Novemnber, 2016
93. 'Grant of 128. Environment Audit Report.
Authorisation'under the Hazardous Waste Rules. 29.
94. Stockholm Conference. Ratalam Municipality Case.
95. Deciaration of 130. Offences by Companies under the Air
National Park under the Wild Act.
96. Offences by the Life Proteetion 131.
97. Ganga PollutionCompany under the Environment Protection
Act.
132.
Implementationof Hazardous Waste Rules.
Case. Act. Rio-de-JaneiroConference.
133. Green House Effects..
[191 May, 2014
[25] May, 2017
134. Environment Audit Report
 16.
K. M.
Author-Prof. Prakashk. Moka
under the Forest Act, 1927.
17, Author-Prof Prakash K. Mokal
Forests
Categories
of
i35. Leak Case.
136.
Oleum Gas
and disposal
of
bio-medical
waste.

CHAPTER-I
Concept of EnvironmentalPollutionor Introductionto the Problemof
Treatment
137.
138. Eco-labelling scheme.

139.
Polluter Pays principle. Environmental Protection"
[26] November, 2017
Case. i) Environment
140. Oleum Gas Leak a) Meaning and contents.
scheme.
Eco-friendly labelling
141.
142. Noise Pollution Rules. ii) Pollution:
143. Stockholm Conference. a) Meaning.
Hazardous Waste Rules. b) Kinds of pollution.
144. under the Air Act.
and Inspection' c) Causes of pollution, and Effects of pollution.
145. Power of Entry
to November, 2019 are included
in this Book INTRODUCTION
ShortNotes for May, 2018
D Environment
Amongstthe various planets in our Solar System, Earth is the only planet which can support life.
When we think of environment, we recall immediately the four important components embossed in it,
being Air, Water, Land and Life, which, in other words, are called as Atmosphere, Hydrosphere,
Lithosphere and Biosphere, respectively.
We also know that, the only system that is totally dependent on the others is the Biosphere, of
which is an integral part. The biosphere is an open system where individual living things take needs
man

of daily requirement from the other support systems Lithosphere, Atmosphere and Hydrosphere extract
energy life functioning,and discharge waste products, such as, timely balaneed and regulated mix of
for and
Oxygen. Carbon-dioxide
and
Water ItVapour. Thethisbiosphere is also maintained by life cycles of Plants.
Animals other micro-organisms. is within fine and well-knit baBance of multiple frame work of
processes that man and other known foms of life have been existing since time
environmental
immemorial.
The Atharva Veda has rightly
emphasised the importance of the Mother Earth and tersely stated
as to why we invoke this Mother Goddess Aditi - the Prithvi as under -
We invoke this Goddess Mother Aditi in the form of Earth
in all ways holding glorious light,
doing all celestial things, benefiting us
following
truthful paths,
never depleting, ever flourishing, vast and
extended, giving all happiness and food to all. She is Goddess Mother. We invoke her protection.
our
Thus, protected we are assured of our wvell-being,
happiness. prosperity and safety as we are climbing a
leak-proofboat. We surrender to her. We are indebted to her for all food-stuffs bestowed by her. We sing
praises of Mother Earth, a self-approximatedand covered by the extend sky. Let this Mother Earth
muliply our happiness three-fold".
Justice Radhakrishnan states,
Earth. we have been mindlessly
"Unfortunately, without realising the greatness of our Mother
indulging in a haphazard manner, in rapid industrialisation and
urbanisation for the last seventy years, without a
proper waste disposal and drainage system, resulting in a
severe environmental degradation".
Pollution of river waters by discharges of untreated
sewerages in cities and towns, discharges of
industrial eftluents and chemicals are rapidly
increasing wvith urbanisation and industrialisation.
Increasing irrigation and use of chemical fertilisers and pesticides, in other words. intensification
of
agriculturehas also added to the problem of environment.
In the process of man's thirst for treasure and
wealth-- with his inherent and God gifted sixth
sense, Man came to know the various hidden wealth the Mother
Earth has in store for him. Slowly and
steadily, alas! the Man by his Scientific innovations, not only changed the cecology of the world to his
detriment, but brought several health hazards in the
process. Forests are slowly and systematically
 Author-Prof, Prakaslh K. Ma
oko
further dug soman
many mnes for
18 but he

imbalance
affecting
the nature,

seriOUsty
the
other
portant ecologica
mportant
19 Author-Prof. PrakashK. Mokal
mankind including fucl, construction, paper, rayon and many more items. By the mid-twenticth
century,
serious affected very
which
created
which has human beings had reduced the world's original forest area by at least one-third or more.
destroyed minerals
other
Gold and Coal and The deforestationis also dangerous to overall environment,since any change in the ecosystem
looking for ?
O:. through deforestation, affects the annual rainfal, its seasonable distribution and intensities, thus, making
factors no one
is leay e
coach in t perceptible changes in water infiltration, rates of soil, interception losses and net precipitations resulting
when
change- flutter the road
Don't beafossil,
fuelthe to
from the
in higher off,
How often do
wafer packet
you
to
allow a la:y
because, you're tooalthough
free yourse
to
your
within kissing d
offices are
collee?
run flow and soil loss. A H.K. Koul, a forestry expert
stream
out that as a
points of
extensive deforestation, "climatic repercussions are already perceptible." Less solar energy is being
result
hours but when taken
bedroom on for to work
absorbed and converted. The evaporation and atmospheric water outtlow are on the decline in the rain
lighisinthe drive two cars pinpricks,
mere
and your spouse sound like which is meltina
melting at an
planet,
forest zones. Erosion and water outflow are on the increase. The air is growing dryer and cooler. Les
Do you
little lifestyle lapses
room may wounded
our
individual level, war against
inferno that joins the water and heat are being transported to higher latitudes.
On an
towering Panel of Climate r
they become a

unfathomable and alaming rate.

prize-winning
UN's
Inter-governmental

and subsequent
Change
rise in
Trees have tremendous potential of checking pollution and maintaining the water cycle
consistently. A full grown 'peepal' tree absorbs 2,252 kgs. of polluting carbon dioxide from the
of the Nobel temperatures
According to
the chairman
increase in global (in tern
Rajendra Pachauri, the estimated
to suffer
from acute
water stress
environmentand supplies 1,713 kgs. of oxygen to it, enough for 6, 00,000 people. Further, cachtree hoids
(IPCC),
250 million people 10,000 to 15,000 gallons of water. both, in its trunks, and leaves. Thus, forests are a source for feeding
cause more than
levels could
few decades. mitigation across perennial rivers.
or death) in a to climate change
deplacement, injury could contribute
patterns to travel sSm A latest survey of the Central Arid Zone Research Institute (CAZRI) shows that, part of Ganga
Changes in lifestyle
and behaviour a notch or hopping
on to a bicycle Small
down the air conditioner by when the state decides to nll Nagar. adjoiningthe Haryana border. has been witnessingan increase in sand deposition and sand
sectors. Be it turning take place only
counts. Lifestyle changes,
though, can buses, more peopla dune formationdue to indiscriminatecutting of shrubs and trees and cultivationof marginal lands.
distances, everything trains and more frequent
cleaner and frequent Justice V.R. Krishna Iyer has very poignantly pointed out, "Our century, before it expires, has a
too. For instance, if there are
its weight
back home. for the deterioration of choice to make. It faces a Hamletian Dilemma, "To Be or Not To Be : that is the question "
will consider leaving the car has been responsible
as to how the
Man of present days, World:.-
Now, we shall see of the
hazards not only in India,
but also in other parts "Only when the last tree has died and the last river ben poisoned ...will we realise we cannot eat
Environment leading to health cultivable land, but also Forests. The great
Earth has with it, not only money"!-Cree Indian proverb.
As we have already seen, before civilisation, the deserts after
before that, "The Forests come
Philosopher from France said long PoisonedEarth:
them"- Chateaubrand.
man is his own enemy of the Industrial and agricultural pollution ealls for detox treatment
true in the sense that,
What Chateaubrand said long before, is quite Industry + agriculture = development and growth
wealth, health and happiness. Right? Wrong.
his existence for the last several million years. The history of
ecological balance which has sustained have to be one of humanity's most
A two-year study commissioned by the Punjab Pollution Control Board (PPCB) and conducted by
mankind is probably an unwritten record of the fact that, forest proved
Chandigarh's Postgraduate Institute of Medical Education and Research in five villages along Punjab's
valuable economic resources, and in consequence, one
of the most ruthlesslyexploited.
For generation after generation, mankind has had to suffer
from lack of forests. The most riverinedrains in
Jalandhar,Ludhianaand Amritsar districts, reads like a doomsday scenario.
Water in these areas wasfound saturated with toxie chemicals, killing off aquatic life and causing genetic
and Mesopotamia were destroyed not by war, but by progressive
advanced civilisations of Babylon mutations in the population, alflicting people with a range of diseasesand disabilitiesincludingcancer
destruction of trees. neurological and skin disorders.
Distribution of Forestsby Regions Industrial eftluents and agriculturalchemical deposits have poisoned the earth, permeating locally grown
Quantity in Millions hectares) fruits and vegetables and dairy products. Blood
samples of local residents reveal traces of toxie chemicals
Region Quantity Percentto Total AccessibleForest Area and DNA mutations in 65 per cent of those tested.
Latin America 966 322 The main source of pollution is industrial waste water that is released
untreated, making 80 per
USSR 910 21 910 cent of groundwater
unpotable, since it contains toxic levels of mercury, arsenie, cadmium and other
North America 750 18 400 poisonous chemicals. Add pesticides and fertilizers and the gory picture is complete : in the name of
Africa 710 17 380 development, unsustainable levels of chemicals are being pumped into the environment, leaching into
Asia 476 groundwater and soil. However, it is not development per se that is to blame, but the methods adopted to
India 75
256
70 cnable development that are wreaking havoc. Industry is focused on
Pacific Region 255 output, and agriculureon yield. HoW
16 the end products are achieved is no one's concern. The PPCB admits that there
is only one waste water
Europe 144
138 treatment plant in the entire area that has a large number of
electroplating,bulb-makingand metal-making
industries that release mercury, cadmium and other chemicals.
, 286 100 Hospital waste is another factor
2552 The green revolution made possible cultivation of
high-yieldingerops through hybrid seeds that
boosted crop quality and encouraged use of fertilizers and
Felling of trees, as far as statistical pesticides to increase quantity. Howevcr,
information is available, sustained use of chemicals for several decades since has unleashed disease and death on
making wooden ships and also palaces for the rulers. From began, as early as, 3000 B.C. for unsuspecting
then on, wood villagers. who continue with set cultivation patterns and methods. There has been no attempt to go in for
satisfied various nccas
 Prakash K.,
Author-Prof,The
20.
chemicals
with satc,
atural
reasons
ones.

organic methods
could1oka
be the Author-Prof PrakashK. Mokal
harmfiul synthetic reluctance
to adopt
multi-cropping or to replace inputs and with it
a
nust be proVIded
with potable wateras
sten Accordingto Dr. T.N.Khoshoo,Secretary,Departmentof Environment,Governmentoflndia,
new
agricultural
Punjab are installed Environment is the sum total of al conditions and influences that affect the development and life of all
villages in
subsIdies on facilities
heavy'
isssues, aso
attected treatment

The residents
ofthe industry till efflucnt
and oIhers on these
tha organs
polluting farners

here 1s a
necd to shut down
agencies need to
sensitise
According to the United StatesCouncilon EnvironmentQuality,the term"Environment"means.
"Man's total environmental system includes not only the biosphere, but also his interactions with
and government
operalional.
NGO's
methods. the state
ot afairs is the same
switch to sater and many
others, his natural and man-made surroundings".
they can
like U.P.
Maharashtra

In the river States

poisoned needs
emergency
detox treatment.
As providedunderSection2(g)ofthe EnvironmentProtectionAct,1986.
"Environment includes water, air and land and the inter-relationship which exists among and
The earth we have
in TO1 dated 19thDecember,.2007) between water, air, land and human beings, other living creatures, plants, micro-organism and property
(Report published

Mount Everestlosingheightdueto globalwarming its height nearly 0.I metre

metre annually
annualy -- due to -

What is an EnvironmentalLaw2
Everest is gradually losing
The world's highest peak, mount
a Chinese survey has revealed.
region.
Rules and regulations made by Legislature in relation to the Environment, is Environmental Law
global warning and shrinking of
glaciers in the Himalayan from 8,849,75
Legislation is divided into early period Legislation and recent period Legislation. Early Legislation
metres in the 33 years
ending im 1999, 1owering metres
declined by 1.3 interiational synnposium included i) Forest, ii) Water, ii) Wild life these had narrow purpose and limited territorial reach and were
Ihemountain top released at a recent um o
to a scientific survey
to 8,8+8.5 metres, according
south-west China's Tibet.
piecemeal inadequate.
result shows. Ihe falling speed reduoss
in Lhasa. capital
Qinghai-Ttbet plateau held
0.1 metre per year, the survey
StockholmConferencein 1972gaveriseto the42d Amendment Act (16hDccember,1976)which
The 1966 to 1975 drop, was about metre fronm 1992 to 1900 A) expanded Concurrent List to include, i) Forest and ii) Protection of wild life and birds from State
accelerated to nearly 0.l
to 0.01 metre between
1975 and 1992 and again List.
2004, quoting the tindings
oI the
survey. Though the
Xinhua news ageney reported on lst of Septenmber. reinains a mystery for scientit
B) Introduced, i) Article 48 A casting an obligation on State to protect and improve and safe-guard
in Chinese)
mount Everest (Qomolangma forests/wildlife: ii) Article 51 A (g) casting responsibility on citizens to protect and improve
exact thickness of snow atop
was more tian .5 metres.
Italian mountaineering team
around the world, the measure taken by an of glacier has
natural environment.
ice. Consolidation
conversion from soft snow to
Global warming accelerates the process of
also led to the decline of mount Everest. Stockholm Conference5 to 16 June,1972-
Realised the need for common outlook and common principles to guide people of the world.
Earth couldspin out of control: l6th Feb. 2005 that the
Proclaimed the need for:
UN Environment
The head of the Kenya-based Programme (UNEP) waned on
(a) protection and improvement of human environment.
effects of climate change may lead to Earth's "spinning out of control" and urged immediate steps to halt (b) Shaping action of people around the world-prudent care of the environment.
global warming. (c) Industrializednations to reduce the gap between themselvesand Developingcountries
(d) Reducing/ climinating ignoranece or inditference which is the cause for irreversible harmto
Environment-Meaningand Contents: environment.
Thetem "environment"is derivedfrom theFrenchword"environ"whichmeans.,"surrounding"
EtvmologIcally,the tem "environment means, "surrOundings,especiallythe materialand spiritual (e) Enthusiastic ofbut clam state of mind leading to intense and orderly work.
intiuenceswhich affectthe growth.developmentand existenceof alivingbeing" ( Acceptance responsibilityby citizens sharing equitablyin common efforts.
() Extensive co-operation amongst Nations of the world.
The term "environment" is expression of very wide amplitude, because, the meaning of the
an
(h) Action to be taken by international organisations in common interest, as preservation of environment
tem "environment"includes those factors which have
all
being. Man's relation with nature is
bearing upon the natural surroundingsof human
integral part
IS a global issue.
of an
history and civilization, because. the relationship
between a and environment is so close that a man cannot exist
man

environment is a combination of various physical and

without environment. Thus, the TheSalientfeaturesor Principleslaid down by Stockholm Conference
organism.
biological
elements that affect the life of an (a) Natural resources
of the carth including the air, water, land, flora and fauna and especially
There are several such environ1ments for
representativesamples of natural ecosystem must be safeguarded for the benefit of the present
our consideration.
upon their attributes, for
They may be sub-divided depending and future generationsthrough carefiul planning or management.
example Aquatic environment which includes oceans, scas, rivers, (b) the
aquifers, etc.; Terrestrial_environment which includes the land
surface, hills, deserts,
lakes,
Capacityof carth produce
to
practicable, restored or improved.
vital renewable resourees must be maintaincd and. wherever
Urban environmentwhich includes all the concrete jungles1. e. volcanoes,elC.
buildings, roads, factories, etc. (c)
Man has
special responsibilityto safeguard and wisely manage the heritage wildlife and its
of
Definition of Environment: habitat which are now gravely imperilled by a combination of adverse factors. Nature
TheEncyclopaediaBritanicadefinesenvironment conservation including wildlite, must therefore, receive importance in planning for economic
The enviroumentmeans, the entire as,- development.
and biological,and other organism, i.e.
range of external influence
acting on
forces of nature
an
organism, both, the physica (d) Discharge oftoxic substances or of other substances and the release of heat, in such quantities
"Environment is an interactionof surroundingon individual". or concentrations as to exceed that capacity of the environnment to render them harmless, must
food, etc.".
various elements that sustain in their life. It may be air, watc
 Author-Pret. PrakashK Mokat
22 ted upon
noM intlicte
daage
is
Osy stem Author-Prof. Prakash K. Mokal
inreversible

to ensure
that
serious

pollution,
or shoulu be suppoOrted.
23.
be halted in order countries against suDst.inces that water pollution occurs. In the case of "Indian Council for Enviro-Legal Action v/s. The Union of India.
of the people ofall seas Dy
of the narne
nejust struggle pollution ne, to damage an"b 1996, 3 SCC 212. it was held that, "Industrial wastes have become a serious health problem affecting the
(e) es shall take

hazard
all possibie
to
steps to prevent

human health:
resources
to
and
harm iving menities lives of the human beings and all forest cover. Highly toxic effluents destroy the portability of water.
tO Cre
oI the sea. l0 aVodin Hepatitis, dysentery. gastro-enteritis, cholera are the main discases caused by polluted water.
adven
uscs a VIeu
with other legtimate urbanization
wIn
or to interlere
seulement and and environe Water pollution is also an important cause or factor of environmental pollution. Most of the rivers
to hunan
cconomie

anintng
nmust be applied
and obtaining
maxium
socal,
Tor colo1alist
mmen
and
in India are polluted due to direct discharge of industrial wastes, effluents and sewage into them. There is
Ctects on
the environment

In this respevt. projects

which are designcd
racist also degradation of most of the fresh water lakes, streams due to dumping of industrial effluents and
Oenetits tor all. abandoned. sewage and fertilizer and pesticide residue or remainder. Contamination of water of rivers, lakes, streams
must be as wel ils, ilchults; Givino
domnation. and seas is on the high scale, which has ultimately resulted into environmental pollution.
for the younger generatio1,
matters. the bas1s tor an enlipht
in environental
( Educatton
essential in order
that massis media
to broaden
opinion. t is to
consideration also
theessential
underprivileged of communieations disseminate intormation man of an ii) Air Pollution:
environment to cable ma Air pollution is caused by concentration of carbon dioxide. Air consists not only of oxygen, but
tne
proteet and improve 0
Caucational nature. on the need to also some other gascs, such as, nitrogen, carbon dioxide, ozone and other inert gases. Inert gases are neon,
develop in every respect. lability and helium, xenon. hydrogen, methane and hydrogen oxide.
interIational laW regarding
to develop further the If everything goes properly, the proportion of these gases will remain at a proper level. But in the
(h) Sate shall co-operate environmentai damag
Causcd
by activiti eS
for the victims of poliution
and other world of today, which is an industrial world. greater possibility is of the reverse order. Excessive use of
compensation
wthin the Jurisdiction or control of such states to area beyond their urisdiction. fuels during the course of air-fights in the war and growing use of vehicles on the roads, have affected the
weapons and all other means of
) Man and his env ironment must be spared the effects of nuclear atmosphere.
on the elinination and complea
ete
mass destruction. states must strive to reach prompt agreement. Growing deforestation releases more carbon dioxide. as well known plants breath in carbon
destruction of such w eapons. dioxide and breath out more oxygen. The use of fossil fuels by industry, releases sulphur dioxide.
Therefore, polluted air is converted into acid-rain.
I1) Pollution: The atmosphere. is the earth's air envelope is a m1xture of various gases. The composition of
atmosphere has been stable over the period human life has been in existence. The composition of
a) Meaning-Whatis Pollution2/Conceptof Pollution
Environmental Pollution Panel of the United States of America in its report to the President in November.
unpolluted air is as under:
Constituents Volume Percent
1965 clarified pollutionas under Nitrogen 78.09
"EnvironmentPollurionis unfavourablealterationof oulsurrounding,whollyorlargelyas aby: Oxygen 20.94
product of nman'sactions radiationlevels, chemicaland physicalconstitutionand abundanceof Argon 0.93
organisms.Theseehangesmayaffectman directlyor throughhissuppliesofwaterandofagrnculuraland Carbon-dioxide 0.03
theirbiologicalproducts.his physicalobjectsorhis opportunituesand appreciationofnature Note:
Environments are adversely atfected by the contam1nation by human beings by exCess use of Balance includes hydrogen. helium, neon, krypton, oxides of sulphur, nitrogen and carbon.
natural resources and human resources. The invention of latest technology has caused the establishment of Air Pollution can be defined as the presence in the outdoor atmosphere, of a substance s, released
industrializationand urbanization. The modem techniques paved the ways for abundant environmental
pollution in the shape of industrial wastages.
direetly or indircetly through human activity, in quantities that are detrimental to health, safety or well
being of the biosphere.

b) Kinds of Pollution: ii) Noise Pollution:

Broadly speaking. the menace of pollution can be classified into following two kinds - The term "Noise Pollution" has been detined in the Eneyelopaedia Britanica as.-
1) Natural pollution and 2) Artificial pollution. "any undesiredsound" This means,the sound whiehis undesired or whichis not wanted.as it
causesunpalatableeffect or it causes harmful etfect.EncyclopaediaAmerica also defines this ten
) Natural pollution: Natural poliution arises out of natural calamities like
drought or famines, volcanie ("Noise Pollution") as "unwanted sound
eruption. tloods. epidemics. forest fires, earthquake havoc in the process of which Industrialization and automobilization have intensified noise pollution, which is a concomitant
This kind of pollution is called natural pollution is created. of
pollution. Of course, in respect of such pollution, we can hardiy, moderm industrial civilization. Noise is not only a nuisance, it is also a health hazard. The generation of
do any thing for its prevention.
though we can reduce its intensity certain extent.
to a unreasonable noise within the environment, is considered a form of pollution, because. it adversely affects
2) Artificialpollution:This is another kind of and lowers the quality of life of people exposed to such excessive noise. Prolonged exposure to excessive
pollution, which is largely man-made, and
called artificial or unnatural pollution. Artficial therefore, it s
noise can cause pemanent dealness, neurological, digestive and metabolical disorders and has
pollulion may be further classified as
i) Water poilution. ii) Air pollution, iii) Noise Poluuon,
V) Land
follows- consequent adverse etlect on the mental and physical health and the working efticiency of the person
i)WaterPollution: pollution, v) Radiation pollution. exposed to such a noise pollution.
Water pollution mecans or
implies, sub-Standard water or waler
unwholesome water. Sub-standardwater CTeates water-borne with low potable
diseases. Due to quality, o

industrialisationalso, ihe
 Author-Prof, PrakashK. Mo
vehicularQ

24. includes
industries,

from a variety
of sources
which
Large Scaie urban renewal and
renewal and new 25. Author- Prof.Prakash K. Mokal
Noise pollution
cmanates

indiscriminate
use of loud-speakers.
noise
po1uo.
million tons of oxygen are burntup and about 21000 to 24000 million tons of carbondioxideare
work and levels of discharged into atmosphere, which has aggravated the environmental poilution.
air-craft, constructi
ctuon increasing
contributed to the
tdstructure projects have also 5)NoisePollution-GrowingUrbanization:
land.
iv) Land Pollution: release of toxic
substances on the
use of
throwing
pesticidec
Industrializationand automobilizationhave intensified noise pollution, which is concomitant a
modem industrial civilization. Noise is not only a nuisance, it is also a health hazard. The generation
of
of
also
"deforestation, Excessive
means waste".
This kind of pollulion bio-medical

unhygienic waste on carth, dumping

of garbage,
of water.
unreasonable noise within
the environmentis considered
lowers the quality of life
form of pollution,because. it adversely affects
a

Causes land pollution, since it adversely

affects potability and of people exposed to such excessive noise. Prolonged exposure to excessive
noise can cause permanent deatness, neurological, digestive and metabolical disorders, and has a
In
and Atomic Tests consequent adverse effect on the mental and physical health and the working efficiency of the person
v)RadiationPollution: radiation coming
from Nuclearplants
is caused by
of pollution exposed to such a noise pollution.
s Kind of this kind of pollution. cover. Kadiation Noise pollution emanates from a variety of sources which includes industries, vehicular traffic.
other words, these two are the sources the soil and vegetation
alo
dangerous to
DIsposal of nuclear wastes is extremely
Atomic Rcactor
incident and the Ihree-mite Island (19701 air-craft, construction work and indiscriminate use of loud-speakers.Large scale urban renewal and new
infrastructure projects have also contributed to the
and cancer. The Chernobyl fauna and the atmosphere. increasinglevels of noise pollution.
causes Leukemia radiation on humans, flora,
6) Squatter Settlement:
CidCnt have shown the harmful impact of
During the last few decades, the percentage of the urban population has been increased at an

c) Causesof Pollutionand Effects of Pollution: of this Chapter, 10llowing are the alarming rate, and because of such urbanization coupled with industrialization, the environmental
In addition discussed in the introductory
to what has been
part conditions have experienced a rapid degradation. Such high rate of urban growth together with lack of
causes or factors of Environmental Pollution. physical facilities,like protected water supply, housing and public transportation systems, and poverty
1) PopulationGrowth: helped in creating unhygienic squatter settlements; because, the poorer sections of the population
standard of living has bad etfect on the
desire of a man to have a better migrating to urban centres are unable to develop their own dwellings. As a result, the population living in
he population growth, the our environment adversely. I he population
environment. The increasing population is truly affecting is realised in the area of housing,
squatter settlements is on higher side. Dharavi hutment is known to be the biggest hutment area in entire
growth India is at an alarming rate. The impact of population being
in Asia. This is certainly not a matter to be said proudly, but regretfully. The continuous migration and
civic amenities, etc. In other words, the
1ood storage and distribution, nutritious food, transport capacity, construction of squatter settlement have not only made difficult for the Government to supply them with
and growing population has resulted in aggravating basic amenities, but it has also aggravatedthe environmental pollution.
growing population has affected life and environment,
the problem of environmental pollution.
2) Industrial Development:
The increasing industrial activities for industrial development has caused serious effects upon the four
d) Afew wastesthatcreatea varietyof pollutionproblemsare
Garbage: Decomposable wastes from food, houses, food industries and domestic sources.
Rubbish: Combustible wastes like paper, wood, cloth. plasties, Rubber, ete.
components viz. land, water, air and food required for the survival of human being, creatures, an1mal and
plants. To meet the growing demand for food, space and energy, there is a maximum use of chemicals. Ashes : Residues from combustion of solid fuels like coal (fly ash)
The major chemical pollutants are carbon dioxide, carbon monoxide, sulphur dioxide,. phosphate, and
Particulates: Solid liquid particlesin the atmospherelike smoke. fumes, mist and dust.
Sewage: Sewage and sullage water and sludge.
petroleum lead, mercury and radioactive substances. The industrial activities carried out in a densely
populated area create serious effect on the life and environment. These industrial activities are influenced Industrial Products: Chemicals, Paints, Explosives.
by the westerm type of development approach without adopting appropriate anti-pollution plants, Gaseous Wastes: Oxides of sulphar. Nitrogen and Carbon.
strategies and programme. Thus, industrialdevelopmentadds to the problem of pollution. Liquid Wastes: IndustrialEfluents
Other Wastes: Rubble, Automobile, Trees. Furniture, Bottles, Tin, Serap. etec.
3) Degradationof Environment:
Deforestation and land degradation are the main reasons for
degradation of environment. The EnvironmentalProtectionv/s. Development:
environmental problem arises from the poor land use and management. Deforestationis one of the
environmental problems in India. Deforestation is caused by
major Development has posed problems of serious importance to environment, so much so, that it has
poverty, lack of fuel for domestic needs, attracted the attention of every man-- a common man, ecologist, social scientist. economist, trader.
indiscriminate cutting of trees and destruction of forest, contamination of water
due to chemicals, s01l political, or policy making institutions. Today, out air, water. food. soil etc, are all polluted.
erosion, wood uses as raw material for industries, etc. Detorestation
causes i) soil erosion which affects
-

agricultural production system, ii) degradation of tropical forest, ii) aggravation of carbon The Earth Summit:
problem. This has aggravated the environmentalpollution. dioxide
The United Nations Conference on Environment and Development (UNCED) or the Earth Summit
4) Air Pollution: was held in Rio de Janeiro, Brazil in June 1992 in which the Rio Declaration was made. The salient
Air pollution is one of the
important cauSes of environmental agreements reached in this Summit include among others is the need to halt deforestation forthwith, to
pollution are automobiles and industries, which are mostly without air pollution. The major sources ot air maintain the ecosystem and species.
pollution control device (PUC), or
anti-pollutionplant, respectively. Air pollution in rural areas and in rural
burning for cooking has also assumed serious level. Recent households arising out of fuel
survey reveals that, every vear about 16000
 Author-Prof, Prakash K. Moka
26 27 Author-Prof PrakashK. Mokal
One of the first instances when the Fundamental Right to a wholesome environment was deemed to be
CHAPTER-I
included as a part of Article 21 of the Constitution of India, was in the Ganga Pollution (Tanneries)

Constitutional Provisions
Regarding
Environmental_
EnvironmentalProtection
Protection Case, where the court was pleased to observe that closure of
revenue, but, life health. ecology have greater importance
tanneries
may loss of
bring unemployment,
to the people - (AIR. 1988, SC. 1032).

In another case that was filed against, amongst others, the Life Insurance Corporati. of India, when
residential houses were sought to be built in a recreational zone. In this case. the court has held that, the
including: enjoyment of life and its attainment and fulfilment guaranteed by Article 21 of the Constitution, embraces
i) Directive principles.
Fundamental rights and
duties.
the protection and preservationof nature's gifts without which
reason why practice
life cannot
be enjoyed. Therecan be no
i)
ii) Right to clean and healthy environment. ofviolentextinguishments of life alone should be
regarded as violative
of the Constitution. The slow poisoning of polluted atmosphere caused by environmentalpolutionand
of Article
21
iv) Right to education. spoliation should also be regarded as amounting to violation of Article 21 of the Constitution. ittherefore
v)Right to information. becomes the legitimate duty of course as the enforeing organs of constitutional objectivesto forbid
action of the State and the citizen from upsetting the environmental balance. Thus, it is now well
all
1) DirectivePrinciples in the world
that contains specitic provision recognised under our Constitution that, the right to life and personal liberty also includes the right to a
Constitution of the few Constitutions
of india is one direct provision which deal wholesome environment.
he Constitution of India
had no
on Environmental Protection. Initially, the Conterence in 1972, and the The scope of Article 21 of the Constitution of India was further enhanced by the judgement of the
to the Stockholm
environmental protection. But, pursuant of India was Supreme Court in the Delhi Oleum Gas Leak Case (A. 1987, S C 982). While delivering the judgement,
Specilicaly with our country,
the Constitution
environmental crises faced by the Supreme Court laid down a substantial principleof law, that the power of the Supreme Court to grant
ncreasing awareness of the environment.
amended in order to insert direct provisions
for the protectionof the
this task and laid the foundation in remedial relief for proved infringement of a Fundamental Right also includes the power to award
1976 undertook
he Constitution (42nd Amendment) Act, compensation. albeit in exceptional cases. The relevant part of the judgement states that, an enterprise
Articles 48 A and 51 A (g) for a jurisprudenceofenvironmentalprotection. which is engaged in a hazardous and inherently dangerous industry which poses a potential threat to the
Directive Principle of State Policy. states as
Article 48 A of the Constitution of India, which is a
health and safety of the persons working in the factory and residing in the surrounding
areas, owes
an
absolute and non-delegable duty to the community to ensure that no harm results to any one on account of
under- environnment and 1o sajeguad the forests
The Siate shall endeavour to protect and improve the the hazardous or inherently dangerous nature of the activity which it has undertaken. The enterprise must
and wild life of the countr". be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it
is engaged, must be conducted with the highest standards of safety, and if any harm results on account of
fundamental duty on the citizens,
(g) of the Constitution of India, which imposes
a
Article 51 A such activity. the enterprise must be absolutely liable to compensate for such harm, and it should be no
States as under -
answer to the enterprise. to say that, it had taken all reasonable care, and that the harm occuYred without
"I shall be the duty of every citizenof hndia to protect and improve the natural evironment any negligence on its part.
includingforests, lakes, rvers and wild life, and to have compassionfor lhving creatures An aggrieved person or a group of concerned citizens who are prejudicially affected or who face the
possibilityof being prejudiciallyaffected as a consequence of pollution, have the option of filing a Writ
Duty of theStateand Citizens: Petition either in the Supreme Court of India under Article 32, or in the High Court under Article 226 of
Thus, today, the state and the citizen are under a fundamental obligation to protect and improve the
the Constitution of India. In such a petition, the petitioner prays to the Court to issue a Writ, direction or
environment, includingforests, lakes, rivers, and wildlife and to have compassion for leaving creatures
order against the polluter and the State or the instrumentality of the State, such as the State Pollution
the Directive Principles of State policy, which are policy
it
is pertinent to note that, even though,unenforceable Control Board, Municipality, etc. In a Writ Petition arising out of environmental matters, the Writ of
preseriptionsthat guide the government,are by a court of law. The Directive Principlesare
increasingly being cited by Judges as complementary to the fundamentalrights
Mandamus., Certiorari and Prohibition are generally resorted to.
1) The importance of Article 48 A and Article 51 A (g) have been
highlighted in various cases
wherein the courts have held that, whenever a problem
relating to ecology is brought before the 3)Rightto Cleanand HealthyEnvironment:
courts, the courts are bound to bear in mind Articles 48 A and 51 A
India.
(g) of the Constitution or Article21
The Constitution of India is one of the few Constitutions in the world to provide for the care,
In fact, in some cases, the courts have even held
that, the language of Article 48 A oft tne
Constitution of India appears to contemplate affimative protectionand improvementof the environnment,and to impose a similar responsibilityon its citizens to
governmental action to improve tne
quality of the environmentand not just to preserve the environment improve and protect the natural environment, and also to have compassion for other living creatures. The
in its dazed form.
recognition of right to clean and wholesome environment is the latest and most encouraging of all
2) FundamentalRightsand Duties developments in India.
In recent times, the courts have Article 21 relates to Fundamental Right to life and personal liberty. The judiciary,through its creative
enhanced the scope ot the Fundamental Right to Life and Personal
Liberty guaranteedunder Article 21 of the Constitution interpretation and bold innovation, expanded the meaning and scope of this Article. This right to life
ot India to
right to a wholesome environment. include, amongst other things, the includes, right to have healthy and clean environment. In other words, right to life free
includespollution
in the absence of free environment, the right to
environment,including water and air, because, pollution
 Prakash K.M.
Author-Prol, under the
Drougnt

28. environment
was

relating
Fundrel

to Fundamental
to 29. Author-Prof. Prakash K. Mokal
and
wholesome

of the
Constitution

ane right to Article 21, wholesome environment seems to be widely accepted by the higher judiciary as
life will be aningless.
The nght 10
clcan

signiticant
provision
clean. and
wholesome
environment,

other implied by Article 21.

Article is the
most
to
of Article 21. This includes right
which
Right to life and personalcome
tberty,
under its amot. 4) Rightto Education
cnvironmental issues also
was
held at Stockholm
held Philosophyof Rightto Life:
Environment The sweep of the right to life conferred by Article 21 is wide and far reaching. It does not mean,
Environment

on Human
Stockholm Conference United Nations
on
Human
Human oromotionand conservation the imposition and execution of
merely that, life cannot be extinguished or taken away. as for example, by
on
Conference
Conference

and signatories to
In June, 1972, the narticipants this to due procedure established by law. That is but one aspect of the
the issue of enviro f the particip
of the the death sentence, except according
Conference placed was one livelihood, because, no person can live
This Stockholm
policy and
law. India
Confere right to life. An equally important facet of that right, is the right to
the ofticial agenda of international
of the
Stockholm
nference, the without the means of living, that is, the means of livelihood. If the right to livelihood is not treated as a
environment.
Conference on human and principles nd promotion of to life, the easiest way of depriving a person of his right to life would be to
with the
resolution
direction of prorecO part of the constitutional right
In order to comply in the would not only
had taken the following steps deprive him of his means of livelihood to the point of abrogation. Such deprivation
India but it make life impossible to live. And
ICntof
denude the life of its effective content and meaningfulness, would
environment:
such would not have to be in accordance with the procedure established by law, if the
yet, deprivation
1) Constitution 42 Amendment;
Water (Prevention and Control
of Po!lution) Act, 1974 right to livelihood is not regarded as a part of the right to life.
2) Pollution)Act,
1981,
Air (Prevention and Control of
3)
4) Environment Protection Act, 1986. to nte and personal
5) Right to Information:
Events in the 1980's. especially, the inability or unwillingness of commissions of inquiry,
Fundamental KIgnt
boundaries of atfairs of national importance,
the process of awareness of our rights, the proreco. legislative committees and State investigation agencies probe political
to
n
to include environmental have emphasised the connection between the Government accountability and a Citizen's ability to secure
Derty guaranteed in Article 21, were expanded
excepr according to authentic To what extent may Government
information. legitimately withhold information from the
personal libery
shall be deprived of his life or the disclosure of Govemment's internal
public' What measures may a citizen adopt to enforce
"No a
Article 21 states: person

proceure establishedby law". documents?

environment may be traced to the Public access to Government information enables citizens to exercise their political choice
Article 21 wholesome meaningfully. Secrecy erodes the legitimacy of elected Governments. A regime that conceals its actions
ne Tirst indication of the right to
and policies, cannot be judged,by the electorate and cannot be held accountable for its misdeeds.
Dehradun Quarrying Cuse- S C. 2187).
(Kural Litigation and Entitlement Kendra,
Dehradun vs. State of U. P., AIR, 198, Moreover, Governments in modem welfare States exercise vast powers that affect economic interestsand
be
impinge on citizen's liberty. These powers are susceptible to misuse for private gain. The ight to
informed of public acts helps check the abuse of executive power.
Data that formsthe basis
ofdecision
Facts ofthe1983,
Case: and Entitlement Kendra,
Dehradun wrote to the
making. may at times. be taken out of context and bureaucrats may deliberately suppress certain view
In July, representatives of the Rural Litigation Dehradun was devastating
in the Mussoire region -

favour others. Openness in government, corrects these tendencies and raises the quality of
Supreme Court alleging that illegal limestone mining to treat the letter as Article
points to
the court directed its registry decision-making. The right to know also strengthens participatory democracy.
the fragile ecosystems in the area. On July, 14,
with notice to the Government of Uttar Pradesh and The right to know is especially critical in environmental matters. For example,
21 Writ Petition under Article 32 of the Constitution,
By the t1me the court
government
the Collector of Dehradun. Over the years, the litigationgrew increasinglycomplex. decisions to site dams may displace thousands of people and deprive them styles
of their life and
from the Central and the State
1Ssued its final judgement in August, 1988, it had heard lengthy arguments livelihood. A responsible government, therefore, ought to widely publicise its river development plans
several expert Committees; and passed and ought to be receptive to public feedback. But in the case of Bhopalpatnam and
Governments, Government Agencies and mine lessees, appointed
articulate the fundamental
Inchampalli
at lcast five comprehensive interim orders. None of these orders, however, hydroclectric and irrigation projects, none of the 75,000 people who were displaced by the inundation of
rights infringed. Since the exercise under Article 32 presupposes the violation of Article 21
of jurisdiction 40,000 hectares, seemed to know the areas that submerged when the rivers were dammed. Don't these
fundamental right, it becomes necessary to reasonably derive the fundamental right that the Supreme citizens have a right to this information? Isn't the government under the duty to inform them? And isn t
Court had in view when it issued these orders. this obligation even greater in a society where large segments of the population are illiterate or unaware of
It is worth recording the concludingobservationsof Justice Singh justifyingthe closure of poluting their legal rights?
for
tanneries in the Ganga Pollution (Tanneries) Case, (M.C.Mehta v/s. Union of India, AIR, 1988, SC.
1037), "We are conscious that closure of tanneries may bring unemployment, loss of revenue, but, life,
Access to government records. helps litigants construct the necessary fact
For example, information secured from municipal records has enabled urban environmental
base legalgroups
actions.
to
health and ecology have greater importance to the people". complicitybetween agencies and private builders.
expose the
Judges of the High Court of Rajasthan in L.K.Koolwal vws. State of Rajasthan, AIR, 1988, Raj, 2; Non-disclosure of information is the norm in India; openness is the exception.There is no specitic
High Court of Kerala in Madhavi v/s. Tilakan, 1988, Ker. L.T. 730; and High Court of Himachal Pradesh enactment in India imposing a duty on the government to supplyinformationto an individualseekingit
in Kinkri Devi vs. State of Himachal Pradesh, AlR, 1988, HP, too have draconian
observed that environmental Instead, government actions are thickly veiled by the archaic Official Secrets Act, 1923. This
dearadationviolates the fundamental right to lte. Indecd, short of articulationby the Supreme Court, the law was enacted by the Brit1sh to guard against activities considered detrimental to the security of their

Raj. This Act enables the govemment to withhold almost any infornmation it chooses to.
 Author-Pro, Prakas/hK. okal
iciary 1s gradually
30. ofticial
informalol,

sources 31 Author-Prof PrakashK. Mokad

the
constitutional

to
citizen
access
distinct

dcr
pressure
to allow
of
greater

the right
to
know from two
t
guaranu
Article 19 () (a) and the
CHAPTER-II
broad and ExpresSion
contours

Sthaping the
Freedom of Speech Arucie

"Environmental Protectionunder GeneralLaws"

in
Right to enshrined
the citiz
rundamenlal
Right to Lifeand
Personal Liberty
was the first to
recoginise
izen's
Public Nuisance under Penal Code, etc.
Fundamental
Narain,
Uttar Pradesh ws. Raj Tort of Nuisance,
Mathew in State of
1ranyer
Cuse) recognised thhe
ustice
right to know. s. Union India (Judges of
in S. P. Gupta
too,
JusticeBhagwati, in the right to free speech and expression. EnvironmentalProtectionUnder Law of Torts:
to know to be implicit Froprlerors of ndian
ight
Reliance
Petrochemicals
La.
VS. trom the right to life
Justice Mukharjee in know as emanating Meaning of nuisance:
More recently,Bombay the right to part
Deadie to lake to
in
Pvt. Lnd. recognised
The word "nuisance is derivedfrom the Frenchword nuire' lo do hurt LO annoy.
to
Newspapers know in order
press have a right to right which
Theterm "nuisance relatesto the maxim "nere verbiage", which means,a manmust notmake
basic
at large is a
the people to know
s remember that, life and democracy.
Right 21 of our
Pirucipatory
development in the industrial
horizon of the right
to lite
under Articie
ur to causeinconvenicnceto others. or
such ause of his propertyas unreasonablyand unnecessarily,s0 asother
a free country aspire in the broadening
The rignt puls
greatcr responsibility It is the result of an act or omission due to which that
is
person annoyed, prejudiced
Czens ot That dimensions and urgency. disturbed in the enjoyment of land or water. For cxample, invasion by water, smoke, vibration, noise, gas,
Constitution. right has reached new and
the responsibilityto
reform.
matters nuisance depending upon the circumstances
upon those who take upon evident in
environmental
fume. heat, clectricity, animal may all be actionable as
to know is
lnk between Article 21 and the right nature of conduct.
ne strong livelihood.
affect health, life and
Where seCret government decisions may
COurt significantly Definition of nuisance:
Ihe following judgementof the Bombay High
Court and Order ofthe Supreme
Stephen defines nuisance
informatio.
to official environmental
Strengthen a citizen's Action "Anythingdone, to the hurt or annoyanceof thec lands,tenementsor hercditamentsof another, and not
access Environmental
in the Bombay
High Court in its unreported judgement
TheBombay considered whether a recognised
environmental group has a right to amountingto atrespass
Group vs. Pune Cantonment Board, believcd that,
builders. The environmental group
Cxamine municipal permissions granted to private therefore, il sought inspection of the Main featuresof the tort of nuisance:
construction on five plots within the cantonment was illegal, and 1) Nuisanceis injury to the right of a person in possessionof property
an of it.
to undisturbedenjoyment
The Cantonment Board, however, refused to grant inspection, forcing the 2) Injury to such right results from an improper use (misfeasance) by another person of his own property.
relevant municipal documents.
was pleased to grant the pernission. This is expressed through a Latin maxim, "sic utere tuo ut alienum non laedas," means, "'so use your
group to petition the Court. The Court Information Act, 2005,
of Maharashtra has passed the Right to injure another's
Recently, the State Government
information from the public office.
own (property)as not to
3) Nuisance is actionable,
(property)
if it violates the legal right (injury to the right) and loss to the plaintiff as well
which can be availed of by any person secking necessary
4) Nuisance is different from trespass, because, it is regarded as an injury to some right accessory to the
possessionof the property, but not to the possessionitself.
For example, a right of way or light is an incorporeal right over property, not amounting to
possession of it. and the disturbance or interference of it is a nuisance and not a trespass.
Nuisance and trespass may overlap when the injury is to possession as well

Kinds of nuisance:
A) Private nuisance; and
B) Public or Common or General nuisance.

A) PRIVATENUISANCE:
Definition:
Winfield defines 'private nusance as, "Unlawful interterence with a person's use or enjoyment of land
or some right over, or in connection with it".
Therefore, Private nuisance is the,
) using or authorisingthe use of one's property, or of anything under one's control, so as to,
ii) injuriously affect an owner or occupier of another's property, by, a) physically injuring his
property, or by, b) interferingmateriallywith his (another's)health, comfort or convenience.
 Author-Pro,PrakashA.AMoko
Mokal
33. Author-Prof, PrakashK.Mokal
1ght of way; If the act is authorised by the Statute, it would not constitute a nuisance.
Private nuisance includesan act leading to, to light and air or
dirty water, filth, smol
such as
obstruction

e.g.
a) wrongful disturbance of easements bstances into another's property, Who can sue for public nuisance ?
deleterious
b) wrongtul escape of ind 1) The Attorney General in England and the Collector (or State) in India, can take an action for publie
gas, noise. disease-germs,
animals, ercC.
some
particular
individual or
individuals nuisance;
an act affecting
or both can be
Therefore. private nuisance is
A civil action for damages, or
an
injunction,
taken 2) A private individual can also sue for public nuisance, if he proves that-
distinguished from the public large.
at
i) he has suffered some special damage, apart from the general damage suffered by the public:
for private nuisance. ii) the injury must be direct;
iii) the injury must be substantial.
Ingredients of private nuisance: not actionable per
se.
Private nuisance is
caused actual or real damage.
ave
propertyor to the comforts of the occupantOr ne property, Pg. Difference betweenPrivate and PublieNuisance:
damage must be caused to the on thne property, COnting any a
1) Priva
nuisance is
an injury the right of a person to the comfortable occupationof his
to own property:
e releasing deleterious
substances ct
A public or common nuisance is an injury, danger or annoyance to the general public.
isturbance of the right of easement,
disturbing the comforts of the occupant.
triv1ai.
2) Private nuisance atfects one or more occupiers of property:
It must not be prospectiveor
S) Damagecausedmust bepresentandsubstantial. Apublic nuisance
the vicinity.
usually involves injury, danger or annoyane to a fairly large section of the public in
in the propery
1ne
landlord cannot
) ne plaintitfmust have_proprietary or possessoryinterests
unless, he can show Ihat,
his proprietary interests
complain of a nuisance which is tolerated by the tenants, 3) A private nuisance is merely a tort:
are affected. A public nuisance is both, tort, as well as, erime.
renemberabove points acsp).
-

(Abbreviations to
4) An action. by the plaintiff for damages lies in respect of a private nuisance:
No defence on the grounds that, An action for damages does not lie in respect of publie nuisance, unless, the the
plaintitf proves spec1a
i) the act causing nuisance is beneficial to the public; or damage to him.
ii) the defendant is nmerely making a reasonable use of his property: or
5) An action for private nuisance can be taken by any private individual:
iii) the place where the nuisance is created is the only place suitable for the purpoSe.
An action for public nuisance can only be taken
by the Attorney General (in England). or by Collector i.e.
State (in India).
B) PUBLICOR COMMONNUISANCE 6) Private nuisance can be abated:
Definition: Public nuisance cannot be abated.
Stephen defines publie nuisance as, *A Public or Common nuisance is an injury, danger or annoyance to
the publie generally, and an offence
against public rights, safety
or convenience. 7) Private nuisance may becone legal by prescription;
A public nuisance cannot be legalised by preseriptionatter any length of time.
S. 268 of the Indian Penal Code defines Public Nuisance :
"A person is guilty ofa 8)Remediesavailablefor privatenuisanceare, - a) injunetion, b) damages, and c) abatemet
public nuisance who does any act or is guilhy of an illegal omission which causes
amy comnmon injury, danger or annoyance to the public or to the
people in general who duell or occupy
Remediesavailablefor publicnuisanceare, - a) injunction, b) declaration,and c) eriminal action.
propern in the vicinity, or which muSt necessarily cause njury, obstruction,
persons who may have occasion to use anv public right ". danger or annovance to Significant Casesof Nuisancewith referenceto EnvironmentalPollution:
A common nuisance is not excused The significantcases with refercnceto
the on
ground that it causes some
convenience or advantage, nuisance causing environmentalpollution,are sumarises as
e.g. maintaining a
gambling house. obstructingthe highway, loud singing bhajans, etc. under:
Ingredients: Case Lav
1) There must be doing of any act or illegal omission 1) MunicipalCouncilRatlam v/s. Vardhichand,AIR, 2980, SC, 1622-
2) Common injury, danger or annoyance to the (wrongful act);
public must be caused. The residents of prominent locality of Ratlam
Municipal Couneil filed this case against the Municipal
Council's failure to provide sanitary facility on the road, to
CASE LAW: to avoid their defection to road, for that
provide public convenienees for slum dwcllers
Soltau De Held, 185l (Ringing purpose and to prevent the discharge of eftluent from a nearby
of a Chapel Bell Case):
The defendant, priest of a Roman Alcohol plant into the public streets.
Catholic Chapel caused
the day and night. The the Chapel bell This case pertains to public nuisance. The
Municipal Council was direeted by the court to provide
was a public nuisance.
plaintiffresided in a house next to the Roman Catholie
to
ring all the hours o the amenities to abate the nuisance
Chapel, It was held that, t by constructingdrain pipes, flush them with water to wash the lilth.
2) Krishna Gopal vs. State of M. P.. 1986, Cr.J. M. P. 396
 Author-P0, PrakashK,. Moka
of
4. to a ghucose
tactory
im
tne
district

smo he
that, the
ndore hag
patient residing
close
complainant
contended

35 Author-Prof, Prakash K. Mokal

In this case, the wife of the heart The deleterioa
Definition of
for noise and
air pollution. caused
pollution wnich AS a result, her Absoluteduty':
Complainedagainst the factory caused a substantial atmospheric particular.
An absolute duty, is a duty which renders a man liable without any fault of his,
irrespective of
rom boiler of the factory in general, and on the complainant inthe booming sOund of the boin
4S the O1ler, a any consideration of intention or negligence on his part".
residents of the locality
of sleep due
to
0n minimum hours
WIO Was heart patient, could not get
Criminal
Procedure Code, ordered
Basis of StrietLiability/AbsoluteLiability:
and smoke. There
provision of Section
133 of the nusance. are many activities which are so hazardous. that, they constitute constant danger to person
The Magistrate by invoking the the factory was causing a pubine and property
of others.The law may deal with them in three ways
ofthe said factory on the ground
that
COSure 1) Prohibit them altogether:
vs. Babulal, AIR, 1982, All. 285- chamberi r before he 2) Allow them to be carried on for the sake of their social utility but only in accordance with statutory
3) Ram Raj Singh who had built
a consulting
provisionslayingdown safety measuresand providingfor sanctions(punishments)for non-compliance.
In this case. the plaintiffwas a medical practitioner,
It was alleged by
the plaintiff that, the
working of the 3) Allow them to betoleratedon conditionthat, they must compensatefor the loss,or injurycauSed,
brick-grindingmachine erected by the defendant. of abour +0 ICet ue consultina
CKgrinding machine installed by the defendant at a distance
atmospheric pollution, and it
ng irrespectiveof theirfaultornegligence.
chamber,
a substantial quantity was being generated,
of dust
causing had In this Chapter we shall discuss the absolute liability arising in the following cases-
Moreover, the mstallation of th
to carry on his profession.
icult for the medical practitioner license from the relevant aunority. a)Cases relatingtoescapeof dangerousthings;and
dne was without the permission, or withoutany emanation of dust b) Cases relatingto escapeof dangerousanimals.
he trial court accepted the contention about ana llegal Installation of abovesaid two cases fall in the last activity No. 3 (i.e.
The
substantial damage either
to nim or lo
nis
patients, it Allowthoseactivitiesto be toleratedon
machinery, but, since, the plaintifffailed to prove
was neld by the trial court that, the machine caused no actionable nuisance to the plaintilr. condition that, they must compensatefor the loss, or injury caused, irrespectiveof their fault or
negligence.
his matter was referred to the High Court. It was observed by the High Court that, every injury This last way is the doctrine of strict
can be considered to be substantial which a reasonable man or man of common prudence considers it to liability. The undertakers of the activities have to compensate
for the damage caused, irrespectiveof any carelessness on their part.
be substantial. If we consider the actual
injury, or actual damage as the criterion, then, in such event, the The concept of negligence
comprehends that, the foreseeable harm could be avoided by taking
person is required to wait till the injury becomes demonstrable before initiating a suit. Iheretore. any act
reasonable precautionsand so if, the defendant did all that which could be done for
would amount to private nuisance, which can be reasonably considered to cause injury. annoyance avoiding the harm, he
cannot be held liable. (See Wagon Mound Case in
hscomfortor damage to another person. The High Court, therefore, in this case, issued direction cases of strict
Chapter-VII) Such consideration is not relevant in
restraining the defendant from using his brick-grinding machine. liability, where the defendant is held liable irrespective of whether he could have avoided
the particularharm by taking
precautions.
4) P.C. Cherian s. State
of Kerala,
1981, Ker. L. T. 113
In thiscase, two rubber industries were
Such industries were in
situated in the ndustrial Estate of Veroor in the State
of Kerala. A)Cases relatingto escapeof dangerousthings:
possessionof the licence issued to them the The Case of Rylands v/s. Fletcher is illustrative of the
by relevant authority. Carbon black in strict liability when the dangerous thing
huge quantity was being used in by these industries. The industries, escapes from the premises of the person. Such person is held liable
measures. This has resulted the
however, failed to adopt preventive irrespectiveof his fault or negligence.
carbon black to spread over
nuisance and discomfort to the neighbouringarea causing injury. damage, Rylands v/s. Fletcher(1868):
people of the vicinity. An independentcontractor was
appointed by the defendant to construct a reservoir of water on his
The Kerala land. The contractor noticed some unused
High Court observed that, the circumstancesof this case fall shafts (holo in the ground and filled them with rubbish.
nuisance" as given under Section 268 of the within the definition of
"public When the reservoir was constructed, the water enteredportion)
the adjoining mines of the
Indian Penal Code, 1860. It was
underground tunnels. It was held that, the defendant was liable irrespectiveof any plaintiff,ofthrough
Court that, the danger caused also observed by the High the
by the said industries to the general question negligence
range and indiscriminatein effect. The industries public was greater i.e. it was wide n on his part.
were directed to
The effect of the stop the
process caused injury, discomfort,annoyance and nuisance services
to the
of mixing of carbon.
Rules laid down in this Case:
general. people in
The Rule of Strict "A person who for his own
purposes brings on his land and collects and keeps there
liability/Absolute
Applicationin EnvironmentalCasesinLiability as providedby law of Torts schief if it escapes, must keep it in, at his anything likely do
peril, and if he does not do so, he is prima facie answerable
Wrongs of absolute liabilityIndia: and its for the damage which is the natural
consequence of its escape".
being any fault on his part. Inimpose
a kind of
there liability by which a Rule (1): The
Where there is a absolute
duty,
such cases
there 1s a wrongtul act arises fromperson becomes liable withour
the breach of this rule will not
dangerous substance which the defendant has stored must escape.
If it does not escape,
his own,
irespective of any intention or absolute liability; And a person is held absolute duty Read v/s. Lyons:
apply
(plaintiff) need not prove any intention knowledge or negligence on his part. liable without any fault or P, an inspector in the Ministry of Supply, was
is why, it is called or knowleage or negligenceof the Therefore, the injured party
absolute liability or striet injured by an explosion in the defendant's
liability. party injuring (defendant).Tna ammunition factory. lt was held that, the rule in
Rylands v/s. Fletcher cannot be applied, as there was no
escape of the dangerous substance from the defendant's
premises.
 Author-Pro,PrakashK. .
for a
nalurar
e of
use of land.
36. In other
words,
stri 37. Author-Prof Prakush K. Mokal
have been
non-natural use ofland. Exception No. (1)-
Kule (2) : There
must

liability would not arise. aintenanca

The act of God: (Sce Chapter IV, Topie, IX 'Inevitable accident').
due to mproct h
State of Punjab v/s. Ms Modern Cultivators: overtlew was liabl

Some canals mantained by the

State of
Punjab,
them. It
held that.,
the
was
State

since there y
to pa Exception No. (11) -

tdis caused to
s vs.
Fecher. Wrongful act of a stranger (third party):
Modem Cultivators sued the State for damage
the rule im n If, there be no negligence on the part of the defendant, and the damage is caused by the wrongful
COmpensation to them, but the Court refused to apply

digging canals
is not a
non-aual
cultura act of a third person, the defendant is not liable.
non-i of land. It was observed that,.
Box vs. Jubb (1879):
country like India.
The reservoir of the defendant was caused to overflow by a third party, who, without the
Hidaytullah J. observed: increased danger to others,
and nust
nerely be the
not mer
defendant's authority or knowledge, emptied the water of his own reservoir into the reservoir of the
with it
"Unnatural use is sonme special use bring beneInt ot tuc
defendant. The damage was caused to the plaintiff. It was held that, the defendant was not liable.
Oruinary use of land or is proper for the general
such use as

if it escapes.
I ne tOiOw g stubstances aAre
stored must be dangerous Exception No. (11) -

une (3) The substance which is The plaintiff'sown default:

considered to be dangerous-
This defence may be recognised in cases, where there is a cattle trespass due to the plaintiff's
a) Chemicals in bulk would be dangerous.
breach of duty to fence his land situated at the roadside, or where a plaintiff suffers the injury due to his
b) Water in large quantities would cause damage.
c) Gas in large quantities would be dangerous. meddling with a dangerous thing or his trespassingon another's land.
d) 1iger or lion escaping from the circus would be dangerous.
Exception No. (IV) -

bring or such as dangerous thing wnicn escapes Irom his Artificial work maintainedfor the commonbenefit,orwith plaintiff'sconsent:
Rule (4): The detendant his
on own must store
If it is a work maintained for the common benefit of the plaintiff and the defendant and if there is
land negligence on the part the defendant, the defendant is not liable.
Stearn s. Prentice Brother
were Ltd.:
he defendants manufactures of manure and stored large quantities of bone powder on their
Bomanji vs. Mahomedali (1905) 7B.L. R.713;
premises. A number of rats came there to eat the bone powder and mult1plied themselves, which proved
Carstairs v/s. Taylor, 1871 (gnawing of rain-water box):
The defendant was the landlord and the plaintiff was his tenant. Defendant was living on the floor
menace to the plaintif. It was held that. the rule in Rslands vs. Fletcher could not be applied as the
above him. Some rats gnawed (bite steadily) a rain-water box maintained by the defendant for the benefit
defendants had not brought the rats on their land. of both, of himself, and the plaintiff. As a result, the water started running through. and the loss was
caused to the plaintiff's goods below. It was held that, defendant landlord was not liable.
Criticism of theRule:
Salmond has criticised the rule in Rylands vs. Fletcheron the following grounds: Exception No. (V) -

1) A person should not have been held liable, even in torts without any faults on his part. Pollock says, -
It is needlessly harsh". Statutoryauthority:
(See Chapter IV, Topie VIll "Statutory Authority").
could have been decided as a tort of
2) Rvlands vs.
Fletcher negligence or nuisance also, and as such. When the damage is caused in consequence otf an act done for public purposes in the discharge of a public
there is no imperativeneed to lay down this rule of strict liability duty under the express or implied authority of the Statute. and if the act is done without negligence. no
action would lie.
Exceptionsto theRule
The rule of strict liability in Rylands v/s. Fletcher is not absolute. The
Blackburn J. in this case recognised that, the liability is not absolute and judgement
delivered by
it is subject to certain
Rulein M.C. Mehtav's UnionofIndia,(New Rule):
(AIR 1987 SC 965):
exceptions. The Blackburn J. observed "He (the defendant) can excuse himself by
escape was owing to the plaintiff'sdefauli: or perhaps that, the escape was the showing that, the
or the act of the God". consequence of vis major,
The Rule of AbsoluteLiability
A more stringent rule of strict liability than the rule in Rvlands vs. Fletcher as laid down by our
Supreme Court, recently in the year 1987, in the case of M.C. Mehta vs. lnion of India. This is
Thus, following five are the exceptionsto the rule of striet
Five exceptions:
liability popularly known as the New Rule' of the Striet Liability.
1) The act of God (vis-major). The case related to the harm caused by escape of Oleum gas from one of the units of Shrram
Foods and Fertilizer lndustries. The Court held that, the rule of Rivlands v's. Fletcher which was evolved
2) The wrongful act of a third party.
3) The plaintiff's own in the 19th Century. did not fully meet the needs of a modern industrial society with highly developed
default scientific knowledge and technology where hazardous or inherently dangerous industries were necessar
4) Artificiai work maintained tor the common deneit of the
consent of the plaintiff. plaintiff'and the defendant, or w ith tne to be carried on as a part of the developmentprogramme. and that, it is necessary to lay down a new rule
not yet recognised by Enghish law. to adequately deal with the problems arising in a highly industrialised
5) Statutory authority.
economy.
The Court laid down the rule as follows:
 Prakash K Ma
Author-Pro1,
narm res
actnviy,
ana
sults to
38,
or
inherently
dangerous

and inherentiy
dangerous:

jable to comp activity, 39. Author-Prof.PrakashK. Mokal

In case of the animals which are not of a dangerous nature (monsuetoe naturoe), the owner or the
a
hazardous hazardous liabl
in
of such
absolutely
Where an enterprise is engage
Baged person having the custody of the animal cannot be held liable for any injury caused by that animal unless
under the
operation
and
the strictly
strictiy
anyone on account of an accider
of toxic
in

gas,
the
is

notsubjectto
enterprise
anyexCepions Trule the proofof knowledge (scienter) he had about the dangerousnessof such animal in his custody.
resulting,forexample, in escape
accident and suchliabilityis
the
all those who are affected by
Fetcher:
Case Law
in Rvlandsv/s. Fletcher Rulands v's.
advanced than
the rulein Hudson vs. Roberts, (1851)-
New Rulein M.C. Mehta'sCaseis far the two rulesareas tolow the
between
delendant
and escape fron
is
Roberts, the owner of the bull had a knowledge that his bull had a tendency to attack anything that

ont pOintsof distinction non-natural useof land byUnion of India, is not

dependanto was red in colour. Mr. Hudson who was walking in the street wearing a red colour bush shirt, was all of a
) The rule in Rylands v/s. Fletcher requires MC.
Mehta v/s. 1s engaged in a sudden attacked by that bull. In this case, Roberts was held iable.
The rule in that, the
delendant

land, of the thing which causes ge; is

new rule
under this to any person. Ellis v/s. Lofius Iron Co. (1874)-
conditions. The only requirement harm is caused
these and thereby, WIhin tne premises, for . Ifa man's cattle, sheep, or poultry, or any animal trespasses on adjacent neighbour's land it will
dangerous activity to persons
y cases of harm ot make

ians v/s. not cover

Fletcher does
v/s. Lyons);
The new
rue
uOc anu amount to a trespass by the owner of itself, unless he can show that, his neighbour was bound to fence his
t thing from the premises (Read land, and has failed so to do
rcquires escape of the
the premSed
and outside
Sc distinction between the persons
within the premises
that, it is not
dependant
on any
negligence
)The rule in Rylands /s. Fletcher though, strict in the

similar to
sense

the new rule

laid down
in M.C. Menta /s.
Union
Dlut ne new rule
EnvironmentalProtectionUndertheIndianPenalCode 1860:
the defendant and in this respect stated above, in "Offences Affecting Public Health, Safety, Conveniency, Decency and Morals"
part or to five exceptions
is not absolute rule, as it is subject
Mehta 's Case, itis not only strict, but, absolute and is subject to no exCP
Sl (Ss. 268-294-A):
award damages
or
matter or

distinction between the two

rules is in the
dut under
Followingarethe offenceswhichafectpublichealth,safety.convenienceand morals
Another important point of Rylands s. Fletcher,
are ordinary
and compensatory, the 1) Public nuisance (S.268).
Danages awardable under rule in more prosperous the 2) Spreading infection of disease (Ss.269-271).
damages and the larger and
new rule in Mehta's Case the Court can allow exemplary 3) Adulteration of food or drink intended for sale and sale of noxious
award.
enterprise, the greater is the amount of compensation food or drink (Ss.272-273).
4) Adulteration of drugs. sale of adulterates drugs. sale of drug as
Cases relatingto escapeofdangerous animals: which a person must keep at his peril. If they different drug (Ss.274-276).
Animals that are dangerous
of nature
a naturoe)
(feroe
or property, he
can be held liable
without
being 5) Fouling water and making atmosphere noxious to health
CScape from his custody and cause injury any
to person
a bear, monkey. elephant, etc.
on his part. A lion, a tiger, (Ss.277-278).
any tault, intention, negligence knowledge
or

fall in the category of dangerous animals. 6) Public moral and decency/Offence of obscenity (Ss.292 to 294).
from his custody and cause
Animals hat are not of a dangerous nature(monsuetoe naturoe) if escape
liable without being any fault, intention, negligenceor (A) PublicNuisance(S. 268):
injury to any person or property, he cannot be held
A dog, a a bull, a horse, etc. and other domestic animals lall in this A personis guiltyof PublicNuisance,
knowledge on his part. a cat, cow,
i) who does any act, or is guilty or illegal omission,
category. ii) which causes any common injury, danger, or annoyance to
a) the public who dwell or occupy property in the vicinity, or
TheScienter
Rule:
Domestic animals that are not of a dangerous nature (nonsuetoe naturoe) if escape from the b) persons who may have occasion to use any public right.
custody of a person and cause injury to any other person or property, the person so injured, in an action A common nuisance is not excused on the ground that it causes some convenience or advantage.

cannot recover damages unless he proves that the defendant(a person from whose custody such domestie
animals escaped) had a knowledge (scienter) about the dangerous character of those animals. Ingredientsof the ofenceof publicnuisance:
1) Doing of any act or illegal omission;
For example, in case of a dog-bite, the plaintift (a person to whom the dog has bitten) must prove
2)This said act or omission:
that the defendant (the owner of the dog) had a knowledge that his dog had a biting habit and he did not
i) must cause any common injury, danger or annoyance- a) to the public, or b) to the people in general
take proper care to warn the plaintift. But, in case of an action for injury caused by dangerous animals
who dwell or occupy property in the vicinity, or
(feroe naturoe) the plaintiff need not prove that the defendant had any such knowledge. n such cases the
ii) must necessar1ly cause injury, obstruction, danger or annoyance to persons who may have occasion
liability of the defendant is the strict liability.
to use any public right.
It is the absolute duty of the person to keep the savage animal under
control so that it shall not Public nuisance' or 'common nuisance' is an offence against the public or people in general. It
cause any another. f it escapes and causes
injury to an njury to any person, he shall be held liable for affects the public or section of the public in the vicinity or persons exercising a public right. Thus,
damages though he had no knowledge about the savageness or the animal or though
he was not
in keeping that animal. In such cases, the rule of strict liabilityis applied.
negligen blocking part of a public street, dangerously blasting stones near public road, slaughtering animals,
spreading blood and dirt in a public place, keeping manhole open on the road or footpath or playing

gramophonerecord loudly at the night time, etc. are all instances of public nuisance.
 Author-ProL Prakash. K. Moka
40. infectionn
(Ss. 269-21 likely
to spread of 41. Author-Prot.Prakash K. Mokal
(B) Spreading infectionof discase malignant
act
for 6 months, or any
Sections 269 & 270 punis.
punish negligent
act and
negligent
act
prisonment
is impriso
fine, or both. fine, Question: Explain the rule of striet liability/Absolute Liability as provided by law of
for such or
discase dangerous to life. The punish for2 years, Torts and its application in environmental cases in India?
act is imprisonnment
Don. Ihe punishment forsuch malignant food or,
Adulteration or
of food drinkintendedforsaleandsaleof noxious drin Answer:
The rule in
Rylands v/s. Fletcher holds a person strictly 1liable when he brings or accumulates on his
(Ss. 272-273): land something likcly to cause harm if it escapes, and damage arises as a natural consequence of its
S. 272: Whoever, escape.
adulterates any article of food or drink and, But, "Strict" liability is subject to a number of exceptions that considerably reduce the
i) scope of its
1) act of God (natural disasters, such as,
6
ii) thereby makes it noxious,
iii) with intention to sale such article as food or rink,
shall be punished
with imprisonment tor monsl
operation. Exceptionsthathavebeen recognised are: an an

earthquake tlood):5)2)the act of

or third
party (for the
a
example, the Plaintiff'sown fault; 4) the
sabotage):3)strict
or with Rs. 1000/- fine, or with both.
for sale, as food drink any article
or vhich h. Plaintiff'sconsent: the natural by
use
of land
Defendants (i. liability to
e. non- applies a
sells offers exposes natural user of land) and 6) statutory authority.
/ Whoever, knowingly or or
with imprisonment
Os, or o
Rs.1000
unfit for food drink shall be punished of industries
e nOxious or
fine, or with both.
or
With the expansion chemical-based in India, increasingnumber of enterprises store and
use
hazardous substances. These activities are not banned, because, they have great social utility (tor
example the manufacture of fertilisers and pesticides). The doctrines, while ensuring that such enterpriscs
(D)Adulterationof drugs,sale ofadulterousdrugs, will
bearSupreme
the burdenof theindamagethey cause when a hazardoussubstance escapes.
274-276):
saleof drugas differentdrug (Ss. The Court the Shriram Gas Leak Case has stated 'new principle' of liability for a

S. 274:
Adulterationof drugs: or
change the
enterprisesengaged
the
in hazardousortheinherently dangerous activities. Under this "principle',if any harm

Whoever, adulterates any drug preparation so as to lessen

or medical
etTicacy,
such adulterated drug
the
will be sold
results from hazardousactivity, enterprises absolutelyliable compensate
is to for such harm. Such
liability is not subject to any of the exception that operate under the rule in Rylands v/s. Fletcher. Is the
noxious intending or knowing that
as
operation of drug, or make
original one, shall be punished with imprisonment for 6 months,
or with Rs.1000/- fine, or with both.
escape of the hazardoussubstanceis caused by an earthquake? Or by an attack from an enemy aireraft?
S. 275: Sale of adulterateddrugs: The final portionof ChiefJustice Bhagwati'sDecember,20, 1986 quantum
order makes two leaps in
the law, viz., the articulation of a new standard of a hazardous industry's absolute liability for the harm
Whoever, knowing that the drug has been adulterated,
from its defences and the declaration
i) sells the same or resulting activities
be
a standard
which, of no
on its terms, admits

ii) offers or exposes it for sale, or that damages are to commensurate with the
tort-feasor's ability to pay. Can one argue that these
policies fall within the normal function of a common law judge to refine and extend reasoned principles
iii) 1ssues it from any dispensary for medical purposes,
articulated in earlier cases? Or, are they simply judge-made laws?
shall be punished with imprisonmentfor 6 months, or with Rs.1000/- fine, or with both.
. 276: le of drug as differentdrug: Note the Court justifiesits formulation "no exceptions"
that
that
of a strict liability rule by observing, in
Whoever, knowingly sells, or offers, or exposes for sale, or issues from a dispensary for medical part, as situations arise law is be evolved
new have to in order to meet the challenge of such new

purposes, any drug, as a different drug, shall be punished with imprisonment for 6 months, or with situations.We to evolve principlesand
new Iay down new norms which would adequatclydeal with
the new problems which arise in a highly industrialised economy
Rs.1000/- fïne, or with both. AIR, 1987, Supreme Court, 1099.
Isn t the articulation of new principles and norms primarily a legislative function?
There is nothing in the reported orders in the Shriram Case that justifies the expansion of the Rylands
(E) Foulingwater and makingatmospherenoxÍOusto health (Ss. 277-278 ): v/s. Fletcher strict liability rule. It appears that Shriram offers none of the defence recognised as
S. 277: Foulingwaterof publicspringor reservoir: exceptions to Rylands v/s. Fletcher (such as, an act of God, the act of a third party, and statutory
Whoever,
)voluntary corrupts or fouls water, authority) Hence, there seems to have been no reason for the Court to announce a new rule of absolute
ii) of a public spring or reservoir, and liabilityallowingtoexceptions.This adds supportto the supposition that the Court's hidden
to anticipate and nullity the third party "saboteur" defence in the Bhopal Gas Case.
agenda was
ii) renders it less fit for the purpose for which it is
shall be punished with imprisonmentfor 3 months, or with
ordinarilyused, Cost internalisationand
loss spreading arguments suggest that regardless of negligenee, hazardous
Rs.500 fine, or with both. industries rather than innocent victims should bear the cost of injuries caused by hazardous substances.
S. 278:
Makingatmospherenoxiousto health: These two arguments support the Court's articulation of a new "absolute liability" standard.
Whoever, voluntary vitiates the atmosphere in any place so as to make it noxious to
punished with Rs.500/- fine. public health shall be
Advantagesof
1.
absoluteLiability
First, imposing absolute liability ensures that the cost of injuries from toxins are borme the
manufacturers who use, market and profit from these products. Cost internalisation is just, in that
victims obtain compensation firom those who profit from their harmful activity. Morcover, cost
internalisation deters future tortuous
conduct
 Author-ProL.Prakashk
decond, absolute liabilityguaranteesthat hazardousindustriesbecomemsuresagainstris
42
Moka
Qtoxie
risk of injun
injuriesS Caused
by the 43. Author-Prof PrakashK.Mokal
cost of
. the than borne in public nuusance, the person directed to remove the nuisance, must either comply with the order or show
higher prises, cosIs ralner
n entir
and through business
arising from thei the public part
as of im society benefits
from t cause against it. When the person opposes the order, the court must initiate an inquiry and call on the
everyone concerned parties to adduce evidence. If measures are necessary to prevent imminent danger or serious
substance is then distributed among fair
because
hrefore. everyone
should pay
spreading is1s
1ar
by the injured individual. Loss spreading
LOSS manufactures, Dca and theretor
for a injury to the public, the court may 1ssue an injunction pending an inquiry.
. industries
products that thehazardous A Private Nuisance is anything done to the annoyance or hurt of the lands, tenements or
portion of the harm associatedwith these products. hereditaments of another, but not amounting to trespass. Thus, a private nuisance is a wrong affecting
or an act
allowances for wal,
ai fairneo some particular individuals as distinguished from the public at large.
san absolute liability that makes no
with notions
of
tundamental
rness
consistent Section 268 of the Indian Penal Code defines public nuisance and states that, a public nuisance
(storms, eyclones, lightning, tidal waves. etc.)
can be caused either by an act or an omission, its effect is either injury, danger or annoyance, and it is
Justices? Could such a legislativeexercisewithstandjudiCialTe
c.
absolute líability
and the quantum
of injuriouseither to the public or to the portion of the public who dwell or occupy property in the vicinity of
Case (1. nselves. They the nuisance, and it is necessarily a source of injury, obstruction, danger or annoyance to the public.
acn of the major new principal in the Shriram defensible in themse
determined by the Respondent's ability to pay)
seem

to defend toger Courts have recognized noise as a public nuisance. From an analysis of Section 268 of the Indian Penal
amages Theyare much
harder
gether
themselves. Code, it is obvious that the offence of public nuisance does not anticipate the "mens rea or guilty
Respondent's ability to pay) seem defensible in In a no-1auit the
systenm, perso
to a "no fault" system. intention prescribing punishment for the commission of "public nuisance". This is evident of the fact
0S0te
1ability, admitting no defences. amounts of liabil1tywill be, so tnat lhe or she ca
lable needs to know in advance what quantum that, in all that offences dealt with under the other Sections of Chapter XIV of the Indian Penal Code,
ny made which relates to offences affecting, inter-alia, the public health and safety, the ingredients of a public
obtainliability insurance. (commensurate with
liability and compensation
absolute nuisance are deemed to be included in the specific ingredients of the particular offence. The drawback of
What effect will the Supreme Court's new
courts? Specifically, will not the Supreme
Section 268 of the Indian Penal Code is that the penalty for an offence under the Section is merely
the ability to pay) rules be likely to have on subordinate
at the chlorine plant
were
inadequate
COurt's tinding, via its advisory committees, that the safeguards
Rs.200/- which makes it pointless for a citizen to initiate a prosecution against a polluter under the
courts to validate exaggerated claims for Section by a complaint to a Magistrate.
coupled with the rule of absolute liability, impel subordinate
compensation against Shriram arising from the oleum leak The person directed to remove the nuisance (the opposite party), must either comply with the order
claums in the
The Supreme Court directed that, the oleunm gas leak claimantsshould file their or show cause against it. Where he or she opposes the order, the court must initiate an inquiry and call on
Hazari Courts (the lowest trial courts in Delhi, located quite close to the Shriram Complex). Afier t the parties to adduce evidence. Moreover, to assist the inquiry, the Magistrate may direct a local
Delhi High Court designated five Judges to hear these claims, most other Judges of the lis Hazari Courts investigation to ascertain facts or summon expert witnesses. If measures are necessary to prevent

immediatelyfiled claims against Shriram, claimingpersonal injury in the oleum gas leak. imminent danger or serious injury to the public, the court may issue an injunction pending an inquiry.
In July, 1989, the Supreme Court urged the Delhi Legal Aid and Advice Board, which had filed 4,800 When a person fails to appear and show cause, or when the court is satisfied on the evidence adduced that
Suits, compensation on behalf of the oleum gas victims, to explore the possibility of an overall settlement the initial order is proper, the order is made final. Otherwise it is vacated.
by holding a Lok Adalat ("People's Court"- an informal mode of dispute resolution). Failure to comply with a final order within the specitied time attracts the penalty provided by .
Section 188 of the Criminal Procedure Code for disobedience of an order of a public servant. Further, the
*************************************************************************
************ Court may cary out the order and recover the costs from the defaulter. A Magistrate is also empowered to
prohibit repetition or continuance of a public nuisance.
Question: Discuss Public and Private Nuisar in context of Environmental A Magistrate. however, may not pass a final order that exceeds a conditional order in scope. For
Pollution in relation to the relevant provisionsof the Criminal Procedure Code? Instance, in Govind Singh ws. Shanti Sarup, the conditional order required a baker to demolish within 10
days an oven and chimney that emitted smoke "injurious to the health and physical comfort of the people
Answer: living or working in the proximity". In the final order, the Magistrate went beyond the conditional order
and completely prohibited the baker from carrying on his trade. The Supreme Court found the order far
Nuisance is of twotypes: too broad, and narrowed its scope to require the baker to demolish the offending oven and chimney within
Public Nuisance and Private Nuisance A Public a month. The baker, however, was allowed to practice his trade.
Nuisance may be broadly defined as an
-

unreasonable interferencewith a general nght of the In Municipal Council, Ratlam v/s. Vardhichand, the Supreme Court for the first time trea
public. Because, a public nuisance interferencewith an
a
public right, it is not tied to interferencewith the enjoyment and use of environmental problem differently from an ordinary tort or public nuisance. The Supreme Court
public nuisance are, therefore, available to every citizen. A property; and remedies against a
can also be public nuisance is not only an offence. but
ultimately directed the Magistrates Court to take an action ordering Municipality of Ratlam to make
injuncted by Criminal Courts.
A nuisance may be a public nuisance if the necessary sanitary provisions for the residents.
of has materially affected the reasonable comtort injury
and convenience
of life of a complainea Ward No. 12, New road, Ratlam town is an area where prosperity and poverty live as strange
not necessary to establish that section of the public. It 1s
every member or the
suffice is to show that a considerable section or the public has been bedfellows. The rich have bunglows and toilets. the poor live on pavements and litter the street with
injuriously
public has been affected. affected. What would human excreta, because, they use roadsides as latrines in the absence of publie And the facilities. cty
conducts offensive trades and thereby Thereafter. person who fathers being busy with other issues to bother about the human condition,cesspoolsandstinks,dirtied the
the health and comfort of those polutes the
air, Or cause loud and continuous
noises which affec protest, but the crying demand for basic
Dublie nuisance. In the event of a dwellimg 1auncnea beyond endurance citizens
in
the place which made well-to-do
prosecunon neighbourhood,
are liable to
against perSon on the
a prosecution for causing a sanitation and publie drains fell on deaf ears. Another contributory cause the insufferable situation
to was

ground of commission of a the discharge from the alcohol plant of malodorous fluids into the public street. In the lawless locality.
 Author-Prof, Prakash K
tiourlsnlng
Wiuh n0
Mok
44 to brecding
and pal
hospitable driven dy desperation
45. Author-Prof.PrakashK. Mokal
to itn
denizens
ofstench
so
The local
toes Tound stagnant
a stream

music at human
expense.
body 's
bovine

proVIdes that
imaitterence
ts basie Aresvident of prominent locality of Ratlam
133 of the Code
Municipal Couneil jurisdiction liled application under
an

Procedure against the failure of the Ratlam Municipal Council

gent disturbng their stinging call the blutf of the munieipal 1961. This
Section Section of Criminal
last, decided to use the and
and adequate caused by open drains, discharges from alcohol plant flowing into street and poor sanitation. The
obligations under Section 23 of the M.
P. Municipalities
Act,

undertake
Council to
and make
i
reasonabla

orovision Magistrate ordered the Municipal Council to remove the nuisance within six months
t shall be the duty of the Municipalhty,
namely: w hich are.
tor the followiing matters within thellimits ofthe not being private
property.
open to Krishna Gopal v/s. Stateof M.P.AIR, 1986 CR. L.J. 396-
and all places, noNIOUs vegetation
places and sewers. removmg and A wife of a heart patient filed a complaint under Section 133 of the Code of Criminal Procedure against
g publie streets,
couneil or not: "
vested in the the glucose factory situated in a few fect away from the house of the complainant against the smoke,
whether such places are
udlic, and rubbish»
abating all public nuisane manure irom
nignl-sonl noise, ash and air pollution. The Magistrate invoked Section 133 of the Code of Criminal Procedure and
and rubbish and preparation
of compost was diret. ordered the closure of the said factory.
gnt
so1l
towards human wel-bg na
obligation Magistrate, Ratl
was oblivious to this
dyet, the municipality and active neglect.
The
Sub-DivisIonal
tlam,
guilty of breach duty of
and publie nuisance tne
nulsance to aDate h
to take action under Section 133
Code CriminalProcedure
ofthe of the stench
oved with flow ofwater
to wash
the
nn and sop
to construet drain pipes
g he Municipality direction. sought
andscarca
by the
prospect of
facts proved. made the
agistrate found the
C

violation of the order under Section 133, Cr. P.C. The

188, Cr. P.C. for

PrUsecution under Section after it reached
this court (l.e. the Supreme
rushed from court to court till, at late yvears
LCpality
Court) as the last resort of lost cause.
the Ratlanm Municipal Council to
Court inter- alia, directed
Cnder the circumstances. the Supreme
take immediate action. within its statutory powers, to
-

a) Stop the eftluents from the Alcohol Plant flowing into thestreet.
b) The State Govemment was directed to take action to stop the pollution.
133. to abate the nuisance
C)The Sub-Divisional directed to use his power under S.
Magistrate
caused.
d) The Municipal Council directed within six months to construct a sufficient number of public latrines
for use by men and women separately. provide water supply and scavenging
serVice morming and
evening so as to ensure sanitation.
e) Ihe State Government directed to give special instructions to the Malaria Eradication Wing to stop
mosquito breeding in Ward 12.
The Hon'ble Supreme Court had no hesitation in holding that if these directions were not complied
with. the Sub-Divisional Magistrate would proceed to prosecute the ofticers responsible. The Supreme
Court even went so far as to state that, the Supreme Court will also consider action to punish for contempt
in case of report by the Sub-Divisional Magistrate of wilful breach by any officer.
Had its
the Municipal Counciland executive officers spent half this litigativezeal on cleaning up
their good conscience,and whatever resources
the and
streets constructing drains by rousing they had at
their disposaB. the peoples need might have been largely met long ago without such waste of time and
money.
The Magistrate's responsibility under Section 133 of the Criminal
Procedure Code is to order
removal of such nuisance with a time to be fixed in the
order
Thus, the provisions of Criminal Procedure Code
containing Sections 133 to 143 can also be
invoked to prevent the pollution of all kinds. Section 133 provides
very effective and for
preventing and controlling public nuisance relating to air, water and noise pollution. speedy remedy the
Code of Criminal Procedure may be used against statutory bodies like Section 133 of
other bodies or institutions of the Government. and Municipalities,Corporations
Case Laws:
Ratlam MunicipalCouncil vs. Vardhichand,AIR. 1980, S.C.1622
 ash K,K. Moka
Author-Pro:Prakash
46.
47 Author-Prof PrakashK. Mokal
The following public interest litigations in environmental cases have been effective in controlling
CHAPTER-IY
environmental pollution:
General Introduction-
MunicipalCouncil Ratlam v/s. Vardhichand,AlIR, 1980, S.C.1622 -

A complaint under Section 133 of the Code of Criminal Procedure was filed by Shri Vardhichand, the
andRemedies"
Enforcing Agencies resident of a
prominent residentiallocality of Ratlam Municipalityto abate public nuisance caused by the
"The failure of the said Municipality,
i) to prevent the discharge from the nearby alcohol plant into the public street.
i) Courts.
is Tiled bcfore it. p,
ii) to provide public conveniences,sanitary facilities to avoid defcction of the people on the road
ii) Tribunals.
environmental protection
when petition Public for that purpose.
of pubiicimportance The Court found the facts stated
CSt itgation
C
is the
COgnizance
right method to deal with environmental
matters of the
complaint,as proved, and ordered the municipalityto provide
amenities and to abate the nuisance by provision of drain pipes and also flushing the drain pipes with
C
reference to Deciaea Cases on water to wash the filth and to stop the bad smell.
Kole of Public Interest Litigation with
Environmentalissues: of protection n
environmental
M. C. Mehta vs. Union of India (Ganga Pollution Case), AIR, 1988, S.C. 1115-
role in the field
uDC Litigation" played an important
nterest
or section of individuals wno are ggrieved. But This was a public interest litigation for preventing nuisance caused by the pollution of river Ganga. as
hala. Generally, litigation is raised by an individual spirited institution, who IS not direct
such. public nuisance was wide spread in range and effect. The Supreme Court observed that, the Kanpur
gaon is raised by public spirited person or who
by a public for pollution of river Ganga near Kanpur city. As a result.
a

with the subject matter of the litigation or may not be affected by tne
1Ssues of the Municipalityhas the majorresponsibility the
the Court issued important and specific directions for all the municipalities of the town situated on the
Connected raised by nim or
by them
gaion and who is not beneficiary of the relief or outcome of the litigation river Ganga.
litigation is called "Public Interest Litigation".
Such
L. K. Koolwal v/s. State of Rajasthan, AIR, 1988 Raj. 2-
Historical Background: understood as "PIL"
This was a public interest litigation filed by the citizen of
Jaipur City in the matter of improper condition
he term"PIL"first time came into existence in USA. The full form ofthe term was
of sanitation of Jaipur City. Such bad sanitation in the
"Public Interest Law" in USA. However, the said tem "PIL" is understoodas, "Public Interest Litigation'
city has caused hazard to the health of the people in
the vicinity. In this case, it was observed that, maintenance of
health, improvement of sanitation and
in India.
preservation, protection of environment comes under umbrella of Article 21 of the Constitution.
In 1876, the first Legal Aid Committee was established in New York City. This movement came Therefore. it is the primary duty of the
into existence for those who could
municipal Council to remove dirt, filth, night-soil, rubbish,
not raise litigationdue to poverty or illiteracy. garbage or any other such kind of matter as the same adversely affects the life of citizen and also leads to
slow poisoning and reducing their lives.
JusticeBhagwati'sobservationregarding"PublicInterestLitigation"
S. P. Gupta s. Union
of India, Air, 1982,
S. C. 140- M. C. Mehta v/s. Union of India, AIR, 1996, 4 SCC 750 -
In this case, Justice
Bhagwati observed as under: This public interest litigation was filed about the
"Any public spirited person or institution may move the court for judicial redressal for the cause in Delhi. The ecological imbalance and environmental
ecological concerns
relating to environmentalpollution
of justice, provided that, such person is acting in the public interest, and he is not New Delhi which were identified and declared
pollution was due to 168 industries
operating in
for
gain, or private profit or for political motivation or for other consideration.He acting any personal directed these industries to stop
by the Supreme Court as hazardous. The Supreme Court
behalf of the person who is not in a may approach the court on functioning operating in the city of Delhi for the purpose of
or due to
position to move the court due to
financial difficulty,social difficulty environmental protection and preservation.
being in disadvantagedposition". The above stated study of court
cases on environmentalissues,
clearly reveals that interest was the
Role of "PublicInterestLitigation"in Environmental public-spiritedperson, groupsinstitutions who approached the court under the
or
public interest petitions
The Supreme Court under Article 32 and the Cases: for the cause of environmental
protection from pollution. The public interest litigation is the social action
High Court under Article 226
to the
development of "Public Interest Litigation" and directed gave significant contributions litigation brought by the public-spiritedpersons, groups or institutions or
protection measures in the interest of general public. An actionthe Government for taking environmental the court to protect, preserve and organizationsby approaching
safeguard the environment from pollution.
under Section 91 of the Civil Procedure Code and under against public nuisance can be brought
been found Section 133 of the
to be a useful weapon for the
protection environment. Criminal Procedure Code has
of "THENATIONALENVIRONMENTTRIBUNAL ACT, 1995
Rule of Locus Standi:
The rule of Locus Standi means,
when a
(Sections 1 to 25)
can only raise a litigation. The person who is aggrieved by any
public interest wrongful act done by another,
the cases htigations Statementof Objectsand Reasons:
of Locus Standi has been relaxed in are
testimony to the fact
where that the
Case Laws: enVironmentalquestions
were
traditional rule An Act to provide for strict
liability for damages arising out of any accident occurring while handling
raised. any hazardous substance and for the establishment of a National Environment Tribunal for effective and
expeditiousdisposal of case arising from such aceident, with a view to relietf and
giving compensation
tor
 K Ma
Author-Pro1,
Prakash
ineokal
48. matters
connectcd
inerewith or
cidenta 49.
dan and the
environment
and for
Develon
& Where death of, or injury to any Author-Prof,Prakash K. Mokal
lo persons, property
on
Environiment

pmen person (other than a workman) or damages to any property or

thereto. Conference pon the State to develop environment has resulted from an accident, the owner shall be liable to
United
National pay compensation for such death.
the call1ng injury or danmage under all or any of the heads specified in the Schedule.
WHEREAS, decisions
ns
were taken at
which India participate and
otner environm
mental
held at Rio de Janeiro in June, 1992, in victims of pollution In any claim for compensation under sub-section
(1), the claimant shall not be required to plead
for the v and establish that the death
laws regarding liability and
compensation

donal of the atoresaid Confera injury damage in respect of which the claim has been made was due to any
damages, the decision
ge to person,
wrongful act, neglect or default for any person.
to implement for damage
WHEREAS, it is considered expedient Explanation-
compensation
AND of
and payment
SO
they
1ar as relate to the protection of environment For purposes of this Section
hazardous substanced,
Property and the environment while handling workman/employee"has the meaning assigned to it in the
1923;
Workmen's/Employee'sCompensationAct
CHAPTER- "injury" includes permanent total or pernmanent partial disabilityor sickness resulting out of an accident.
If the death, injury or damage caused
by an accident cannot be attributed to any individual activity but is
PRELIMINARY" the combined or resultant effect of several such activities,
operation and processes, the Tribunal may
S. 1.
apportion the liability for compensation amongst those responsible for such activities, operations and
Short Title
his Act may be Commencement:
and called the NationalEnvironment Tribunal Aci, 1 process on an equitable basis.
Govermment may, by notification
the Central
into force on such date or dates as n any provIsion of S.4: Applicationfor claimfor compensation:
Snall come for different States
and any reterence
An application for claim for compensation may be made -
ppoint, and different dates may be appointedshall be construed in relation to any State or rart thereof as
ACt to the Commencement of this Act a) by the person who has sustained the injury;
s State or part thercol.
Kererence to the coming into force of that provision in that b) by the owner of the property to which the
damage has been caused where death has resulted from the
accident, by all
any of the legal representativeof the deceased;
or
S. 2: Definitions:
c) by any agent duly authorised by such person or owner of such
In this Act, unless the context otherwiserequires. property or all or any of the legal
representative of the deceased. as the case may be;

ACCident" means,an accidentinvolvinga fortuitousorsuddenor

unintendedoccurrencewhilehandling d) by any representative body or organisation,
functioning in the field environment and recognised in .
exposureto death oL, or injury this behalf by the Central Govermment,under all or
anynazardoussubstanceresultingincontinuousorintermmittentorrepeated anaccidentDy reason only
any of the heads specified in the Schedule; or
e) by the Central Government or a State Government or a local
O, any personor damageto any propertyor environmentbut does notinclude authority under all or any of the heads
specified in the Schedule:
of war or radio-activity Provided that, where all the legal representative of the deceased have not joined in
auny such
Bench" means, the Bench of the Tribunal; application for compensation.the application shall be made on behalf of or for the benefit of all the legal
representativeof the deceascd, and the legal representativewho have not so
Chairperson" means, the Chairperson of the Tribunal; respondent to the application. joined, shall be impeded asS
The Tribunal may,
Environment" includeswater,airand land and the inter-relationsbipwhichexistsamongand between if it thinks fit, take up the cases for claims for compensationsuo motu.
Any claimant making an application under sub-section (1),
water, air and land,and humanbeings,otherlivingcreatures.plants,micro-organismand property; the Tribunal for such
may also make an application before
relief
as is provided in the Public Liability Insurance Act, 1991 (6 of 1991):
Handling" in relationto any hazardoussubstancemeans, the manufacture,processing,treatment, Provided that, no such application shall be made if the relief as
been received by the claimant to
package.storage,transportationby vehicle,use.collection,destruction,conversion,offeringfor sale, the Collector under the said Act is
pending and has not been withdrawn. The Tribunal shal have, and
transferorthe likeofsuchhazardoussubstance; exercise, the same Jurisdiction, powers and
authority in respect of the matters specified in the Public
Hazardous substance"means.any substanceor preparationwhich is fined as hazardoussubstancen Liability Insurance Act, 1991 (6 of 1991) as the Collector has and
may exercise, and for this purpose, the
the Environment(Protection)Act, 1986 (29of 1986)and exceedingsuch quantityas specifiedbythe provisions of the Act shall have effect subject to the modification that reference therein to the Collector
Central Governmentunderthe PublicLiabilityInsuranceAct, 1991 (6 of 1991): shall be construed as
including a reference to the Tribunal. Every application under sub-section (1), shall
be made to the Tribunal and slhall contain such
particulars and shall be accompanied by such documents
CHAPTER-I and such fee, not exceeding one thousand
rupees, as may be prescribed:
No application for compensation shall be entertained
unless it is made within five ycars of the
COMPENSATION FOR DEATH OF,OR INJURY TO,APERSON AND Occurrence of the accident.

DAMAGETO PROPERTYAND ENVIRONMENT" COMMEMTS:

An application moved for the any claim, under sub-section
S.3: Liabilityto pav compensationin certaincases on principleof (1) before the Tribunal does not defect or
bar any claim to such relief under the relevant
no fault: provision of the Public Liability Insurance Act, 1991 (6 of
1991) also.
 kash KK. Moka
Author-Prot.Prakash
50. ino 51. Author-Prof PrakashK. Mokal
section 4,
the
Tribunal
may,
ater such
inquiry as CHAPER-1
S.5: Procedure and powerof Tribunal (1) of ibunal may,
of an
(1) On receipt applicatiol
under
sub-section

sub-section
(1),
the Tribu
of
being afte
ESTABLISHMENTOF NATIONAL ENVIRONMENTTRIBUNAL AND
lt may deem fit, reject the application summarily application
under
an
opportunity

heard, BENCHESTHEREOF"
the the parties the amoun
(2) Where the Tribunal does not reject
and after
giving
an
ward
awat
deter+mining
such am o S.8: Establishmentof National EnvironmentTribunal: a Tribunal to be known the National
giving notice of the application
to i Wner
of the
claims and
may
make
or persons
to
Whom
ount The Central Government shall, establish
by notification, as

hold an inquiry into the claim of each the person Environment Tribunal, to exercise the jurisdiction,powers and authority conferred on it by or under this
and specifying
which appears to be just ie of Civil Procedure, 1908 ( Act.
cOmpensation the Code
o2
compensation shall be paid. laid down by to the
other provisions c
(3) The Tribun shall not be bound by
the procedure

justice,
ana
suu
ct
including the
S. 9: Compositionof Tribunaland Benchesthereof:
principles ofnatural procedure
(1) The Tribunal shall consist of a Chairperson/Chairman and such number
of Vice-Chairpersons,Judicial
1908), but shall be guide by the regulate its Own
Or shall have power
to Members and Technical Members a s the Central Govenment may deem fit, and subject to the provisions
and of any rules, the Tribunal
Ct
places and times of its inquiry. functions
under thiS
Act, the same
power as of this Act, thejurisdiction,powers and authority of the Tribunal may be exercised by Benches thereof.
dischargingits 1908), while rying a suit, i
tryi Judicial Member and one
4) The Tribunal shall have, for the purpose of Procedure,
1908 (5 of (2) Subject to the other provisions of this Act, a Bench shall consist of one
the Code if Civil Technical Member.
are vested in a civil court under
oath; (3) Notwithstanding anything contained in sub-section (1), the Chairperson-
respect ofthe following matters, namely examinng
u"no

aSummoning and enforcing the attendance of any person and a) may, in addition to dischargingthe functions of the Judicial Member or the Technical
Member of the

b) requiring the discoveryand productionof

documents;
Benchto which he is the function of the Judicial Menmber or, as the case may be, the
appointed.discharge
c)receiving evidence on affidavits; Evidence Act,
1872 (1 of 1872 Technical Member, of any other Bench;
124 of the Indian another Bench;
the provisions of Sections 123 & document irom any office: b) may transfer the Vice-Chairperson or other Member from one Bench to
Suoect to such record or
record and document or copy of e may authorise the Vice-Chairperson or the Judicial Member or the Technical Member appointed to one
usiioning any public documenis,
Bench to discharge also the functions of the Vice-Chairpersonor, as the case may be, the Judicial
of witnesses or
e) 1ssuing commissions for the examination
1) reviewing its decisions; Member or the Technical Member of another Bench; and
8 dismissing an application or default or deciding it er parte; d) may, for the purpose of securing that any case or case which, having regard to the nature of the
it ex
for default or any order passed by parte; questions involved, require, in his opinion or under the rules made by the Central Government in this
n) setting aside any order of dismissal of any application
and behalf, to be decided by a Bench composed of more than two Members, issue such general or special
1)any other matter which is to be, or may be, prescribed. orders, as he may deem fit:
Provided that, every Bench constituted in pursuance of this clause shall include at least one Judicial
S.6: Conditionsas to making ofinterimorders:
contained in other provision of this Act or in any other law for the time Member and one Technical Member.
Notwithstandinganything any
in any other manner) shall be
(4) Notwithstanding anything contained in the foregoing provisions of this Section, it shall be competent
being in force, no (whether by way of injunction or stay or
interim order for the Chairperson or any other Member authorised by the Chairperson in this behalf, to function as a
any proceedingsrelating to, an applicationunless
-

made on, or in Bench consisting of a single Member and exercise the jurisdiction, power and authority of the Tribunal in
a) copies of such application and all documents in support of the plea for such interim order are
respect of such classes of cases or such matters pertaining to such classes of cases as the Chairperson
furnished to the party against whom such application is made or proposed to be made; and
may, by general or special order, specify:
b) opportunity is given to such party to be heard in matter. Provided that, if at any stage of the hearing of any such case or matter, it appears to the
Provided that, the Tribunal may dispense with the requirements of clauses a) & b) and make an
Chairperson or such Member that, the case or matter is of such a nature that it ought to be heard by a
interim order as an exceptional measure if it is satisfied for reasons to be recorded in writing, that it is
Bench consisting of two Members, the case or matter may be transferred by the Chairperson or, as the
necessary so to do for preventing any loss or damage being caused to the applicant which cannot be
case may be, referred to him for transfer to such Bench as the Chairperson may deem fit.
adequately compensated in money, but any such interim order shall, if it is not sooner vacated, cease to
(5) Subject to the other proyisions of this Act, the Benches of the Tribunal shall ordinarily sit at New
have effect on the of
expiry
a days from the date on which it is made unless the said
periodof fourteen
requirements have been complied with betore the expiry of that period, and the Tribunal has continued the Delhi (whi shall be known as the Principal Bench) and at such other places as the Central Government
operation of the interim order. may, by notification,specify.

S. 7: Reductionof amountofreliefpaid under any otherla CHAPTER -IV

Where in respect of death of, or injury to any person or
damage to any property, the owner liable to pay
compensation under this Act, is also liable to pay any amount as relief
Insurance Act, 1991 (6 of 1991), or any other compensation under under the Public Liability JURISDICTION AND PROCEEDINGSOF THE TRIBUNAL"
any other law, the amount o
compensation paid under any other law. S.19: Barof jurisdiction:
 Author-Pro, Prakash h K. Mokg
ne
ttitbunal

shall have,
she
Author-Prof.
Prakash K. Moka
except
of such award,
52.
other
authority
any
appircation
or
action 53. to pay any
amount in terms
so
awarded
in

court
or entertain
who is required the amount
appeal by the person with interest
no
On and from the Act,
be entitled to

commencenmentof this
exercise. any jurisdiction. med or

or
dealt

authority
withto by
lications
the Tribunal.
or actions
from the for
jurisaiction
ny

TOvided that, no
Court unless he has deposited
p0wers

claim S
de entertained by the Supreme
Court: after the expiry
of the said

Claim for
which ma. directed by the Supreme the appeal tne
compensation may be entert all
applic barred
of the manner
the Supreme Court may
entertain
cause
from preierring
of this A
troOn are sufficient
rom the
further that,
prevented by
Tribunal
commencement
of the rovIded that the appellant was
Compenund

compensationwhich are subject to the jurisdictiolu if it is satisfied

Otner court or period of 0 days,

authority except such Tribun anothe: such of them appeal in time.
Bench to afier hearing
-

down that
S. 20: Power of Chairpersonto transfercases from one to the
parties,
and may transfer
as h
any she S.25: Penaltyfor failureto comply
withordersof Tribuna
with orders
of the
Tribunal. It
he shall
lays
be punishable
with
On the for failure to comply
Chairperson

application of any of the f and afternotice

such notice,
the case Ceon
for penalty the Tribunal,
25 provideslails to comply with any order made by with fine which may extend to ten
lakh

may desire to be heard, without

or on his own motion whoever or
to three years,
pending before one Bench. for disposal. to any otnetBench. term which may extend
nment tor a
S. 21: Decisionto be taken by majority: shall be eided
decided
to according th rupees, or with both. (University Examination Questions)
the point they shal stat
It the point, divided,
at
Members of a Bench differ in opinionbut any members are
equally hhe International Obligation,
who sfhall either
opinion of the
majority,if there ajority,
is a
majorny if the
Chairperson
he Answerin not more thantwo sentences establoshed owing to an

point or points on which they ufrence to the

and make a
the Cn poits by
reference
hy one or
one ot th
more of
Or more
the oth Environment
National
Tribunal Act was
2012)
he 2011; Nov.,
Tribunal? (Nov.,
or
such point of the majority which Conference ? (October,
2009)
pOint or
points himself or for hearing
refer the case for hearne
on

rding to the opinion

of the Environment
the National Environment Tribunal Act ? (May,
of 2012)
the basic composition
ners and such point or points shall be decidedacco interest. What is
'accident' mean, under
the National 2005; Nov.,
2010)
members who have heard the case heard
includingthose who first
does
u . What

4.State the object of the

National Environment Tribunal
Act. (Nov.,
Tribunal Act for filing an application.
National Environment
Eposit of amount pavable for damage to environnder any award by the bunal onsub.
the .State the limitation period under the
Act ? (NoV.,
where amount of compensationis ordered to be pad u
any authority specitied under sl (April, 2011) under the
National Tribunal
remitted to the compensation
SOund of damage to environment, that amount shall be i
any for being credited to t can make an application for a claim for
Act, 1991 .Wno
ction 7A of the Public Liability Insurance 2007)
.
EnvironmentalRelief Fund establishedunder that Sectio. under (1) mavy1be sub-section

he amount
utilized by such
of compensationcredited to the
Environmental ReliefFund

tor such plulpse

nt as
may be CHAPTER-VVI& VIlE
ucn person or authority, in such manner and
prescribed.
Chapters
S.23: Execution of awardor order of Tribunal: V) "Sustainable Development";
made by Tribunalunderthis Act shall be executable by the Tribunal as decree
of civi
aard and
urt, and for this purpose, the Tribunal shall have all the powers of a civilco VI) "Precautionary Principle";
Tribunal may transmit to the Collector VI) "Polluter Pays Principle"
ng anything contained in sub-section (1), the
having jurisdiction over the area in which the accident has occured, the copy ot the oraer nadeby
1991 and the Collector
payment of relief as provided in the Public Liability Insurance Act,
1r
the order in the same manner as if interest,were an order made by him under tnat Ac. Sustainable Development"
CCCute the Sustainable Developnmenthas been def+ned as under:
3) Where amount Tribunal. fails make payment
the owner against whom the award or order is made by the to
"Sustainable Development means, an
and environmental imperatives".
integrationof development
runOunt
deposit the directed by the Tribunal within the period specified in the award or order, such
as
The definition of 'Sustainable Development" has also been given by Brundtland Report. It is very
shall be recoverable from the owner as arrears of land revenue or of publiC demana.
is as under-
comprehensivedefinition of SustainableDevelopment which
5.24: Appeals: "SustainableDevelopmentis the developmentthat meets the needs of the present without
1)Save as provided in sub-section (2), and notwithstanding contained in the Code of Civil Procedure, compromisingthe abilityof thefuturegenerationto meet theirown needs". on Environment
Us or in any other law, an appeal shall lie against any award or other order, not being an interlocutory The term "Sustainable Development" was first used in "Cocoyoc Declaration
with
rder, ot the Tribunal to the
Supreme Court on one or more of the grounds specified in Section 100 of that and Development held in early 1970. It became the trade mark of international organisationsdealing
ode. achieving environmentallybeneficiallydevelopment.It is necessarythat, the development must posses,
both. economical, and ecological sustainability.Sustainable Developmentpoints out the way in which the
No appeal shall lie against an award or other order made by the Tribunal with the consent of the
arties. development planning must be approached, because, development involves a progressive transformation
3) Every appeal under this Section shall be preferred within a period of 90 days from the date of the of economy and society.
ward or other order appealed against: The concept of "Sustainable Development" was adopted by the Stockholm Declaration, in 1972.
According to this concept, the right to development of a State is institutional one. The State has right to
 54. At
Auihor-PTO,

the
same
time,
every

Nations Environmeni
State

Mok. Prakash K. Moka

pcople. ste. Anthor-Prof
develop so
to its
The
Umiieda
take
reverse

eps to 55. Commission Report

draws
ciear
degradatioOnach
to render economie dev opiment
States. should
deo Brundtland
to other delinea
environimental as
States
heritages. The
prevent and control Development"
of their natural
pollution the

(UNEP) adopted theenvironmenlai

of "Sustainable
that, all IS not deprived intlation and sustainable development.
decided and wilnout

polluted.
emal

same t thal the impact

decided
Gegraded

on
the needs of the present
"Sustainable strategy, hould
should
reduc
reduce already

h CEn population "Development that mects

pollution. It isDevelop
and they
neeus". Whercas, natural resources
ecosystem

ability a
Report means,
yne Brundtland their ownpopulation.
nent.
rehabilitate
the d y of every State to the tne environie
the of the futuregenerations to mecet
compromising the ability
Or
world
degrade 4.8 billion productivity
compromIsing_

resour increases
COncept of "SustainableDevelopment"does not O nE million people were added to
knowledge
e, even
without
DCvelopment that meets the needs o the present cooperaconservano 8, Cighty increases each year.
However, expanding
and
equity, use assist and
gencration to meet their i obligation to
LCncrational

Principle,
eradi nnie,
resources.
population

2) Health
care and 3)
Food security,
Is compromiscd,

Oulion PrecautionaryPrinciple,PolluterPays
OOvcment ability
to provide 1)
Education
regions/low
income

CLY nancial assistance to developing courntries. because of population inflation. disadvantaged

is most acute in ecological
population growth
Salient
)
Featuresof "SustainableDevelop ronic
countries.
that.

lands. Threat
to resources
came also trom

Use and Conservation of natural resour exist also on thinly populated

in which they usetnem.
degradation can
I1) in an
The Precautionary Principle. esource and from the ways An additional person
in people's access to nations.
resources

developed than
Ihe Object of environmentalpro1ec nequalities is the bane of National resources,

iv) nle"
Principie Iem
of conspicuous consumptions
pressure on
limited
number or
he Principle,such as. "PolluterPays consumes
far greater
far more and places consumption patterns are as important,
as the

Emancipationand Eliminationof poverty Country in the 3" world. Therefore,

vi) Financial Ald an daditional person longer
must be Supported, assisted with
no
Countries to each other, is
consumers. are opposed
that development and ecology sphere, Sustainabie
Role of Judiciary Relatingto "Sustainable ent"
creative role
in interpreting the
ne traditional
concept
is the answer. In
the
international
the quality
ne Judiciary in India has played an and
innovative, creativeecting the environme "Sustainable Development" poverty and improve
eradicate
menm, b deptable. to
e judicial activism in such a manner important
that the Dvelopment
has come to be accepted
as a viable concept

the carrying capacity of the

supporting ecosystems. has been
also
played an Judh . Development" of human life while living within between ecology
and development
important in promoting"SUstando
role
Sustainable Development"
as a balancing concept
have yet to be finalised by
salient features
international law, though its
Recent Judgements
1) Bhopal on EnvironmentalPollutON: accepted as a part of the customary
Gas Case- the international law jurists. future generations
the ability of
past few
centuries. T ne tragedy OcCU
urred the needs of the present
without compromising Protection
Dnopal
ne leak was
nightgasbetween 2ndthe
andmost
3d December, 1984disaster
tragic industrial when MICof the
(Methyl Isocynate), a nignuy toXIC gas e Development that mcets
and conservation of Natural Resources,

k needs. Inter-generational equity, use

to assist and Co-operate,
to meet their
own
injuries on moret Obligation
Out of the
plant of Union Carbide in
and inficting Principle, Polluter Pays Principle, to be the
200,000 others. Bhopal, killing 4,000 persons ol Environment, Precautionary assistance to developing
financial
countries have - been accepted
international
Eradication of Poverty, Report and other
the Bhopal Gas
Leak Disaster Act 1
on the basis of Brundtland
Sustainable Development
emonths of Bhopal gas leak incident, all claimants, both wi Contents of
passed
ds which
which
conferred exclusive right on the Government to represent
on the documents.
ConerTed exclusive right Governn ot
and outside India to bring about effective settlement of claims arisug of lndianincident. When
this
ndian Government initiated action by suing the Union Carbide in USA, the GovernmentWas Case Law 5 Supreme Court Cases at page
647
directed by the II since the courts in India w Vellore Citizen's Welfare Forumn vs. Union of India(1996), it generates
to try the case against Union Carbide in India,
as
is of vital importance to the country
Ourt was filed in the court of District
It was held in this case that, though the leather industry the
appropriateto deal with that
case. The case against the Union Carbide
employment avenues, it has no right destroy
to the ecology, degrade
Judge of
Bhopal for about Rs.4000 crores in toreign exchange and provides It cannot be permitted expand,
to or even to continue with the

Thereaft damages. the Madhya Pradesh High Co

environment and pose as a health-hazard.
said industry.
the case reached to the High Court in appeal, the problem of pollutioncreated by the
awarded intor C present production, unless, it tackles by itself
w nterim damages of Rs.250 crores. In an appeal before the Supreme court, a compromise wa
between the Union Carbide and the Govermment of India by which the Union Carbide
o
claim
onagreed to pay 470 million US dollars in fll and final settlementof past, present and future Precautionary Principle":
and "the Polluter Pays Principle"are essential features of "Sustainable
arising out of the said most "The Precautionary Principle"
tragic industrialdisaster
An
exträ-ordinaryjurisdiction was exercised by the Supreme Court in order to Tacilitate the Development".
Setticment, and
also to terminate all the The "Precautionary Principle'" in the context of the municipal law- means
proceedings of civil and crimnal nature regarding contempt of must anticipate,
courts arising out of this
disaster case. 1) Environmental measures by the State Govermment and the statutory authorities
prevent and attack the cause of Environmental degradation.
"Sustainable
U. N. 1983
In
Development"Explained: 2) Where there are threats of serious and irreversible damage, lack of scientific certainty should
not be
set up
human
a World Commissionheaded by P. M. of Norway to
chalk out a programme for used as a reason for postponing measures to prevent environmental degradation.
progress "sustained development" without 3) The "onus of proof" is on the actor or the developer industrialist to show that his action 1s
bankrupting earth's resources for future. In other
Words, human development,progress without depletingthe _earth's environmentallybenign.
resources,so that, the future
 Author-Pro
PrakashK. Moka
Prakasth,

56. Author-Prof. Prakash

K. Mokal
Principle are as
under costs of
ther
pollution,
rol ita 57. of the principle
and its impilcaons
Salientfeaturesof he Precautionary
a) Precautionary Pinciple should
the
internalise f
than forcing
rather other States nature of the "Polluter Pays Principle", but
the precise seope
activities have
never been satistactorily agreed.
O tne it as a
cOsts,

community accepted
or potentially polluting
pollulers clean-l
remcdial or in the past, the European
urCC, and lorpay for its effe
effects, including
mandales various
State. OSe nvolved difficulties inherent in defining
the principle. Environment.
The current
Fourth

Tuture
gCnerations bear such costs which he Despite the Action Programmes
on the

b) It is one of the
to

principles of e Rio Declaration

(Principle
per
15)
their as
individual
capabililies,
hence. m alt
or itS strategy of the four Community
[1987) OJC 328/1] makes it clear that,
"the cost of preventing
Pays
and eliminating

Principle has
now
been
S approach in order to protect the AChon Programme and the Polluter
environment
which

of thenormal burdeng the polluter, environment

borne by the
in principle. be articles on

dustrialisedcountriessubscribedthis prineip a reversal would not lsances must, Treaty as a part

of the new states
that, to
tne

to require
C)In its
strongest lormulations this principle canDe scen
that a proposed
aclhvily cause hat dcd
into the European Community

by the Single European

Act. 1986. Article 130-R (2) of
the Treaty
community, and
that action is

in all policies of the of environmental damage toD

introduced
prool, so that potential actor would nced to
a
prove
were Article 21 to play part
before it can be regiOnal treatiess such ronmental
considerations
action: 2) the need
sanctioncd. treaties, including
North East 1) the need of preventive
d)lt has been endorsed by virtually all recent
Convention on ne
environmental be
based on three principles should pay the damage should
be imposed
1992 Paris rectified at source: and that 3) the polluter of repairing
Maastricht Treaty on European Union,the 1941tal treatiessuch as ne UNFCCC
uropean Union, the
Under the Princ1ple of
Polluter Pays, the responsibility 1986 empower
the Central
Protection Act,
CSnki Convention on the Baltic, and global eny Agreement0n Straddling
O on
Biological Diversity, and the 1995 United a Fu upon
the erring industries.
Section 3 and 5 of the
Environment

measure for giving

effect to this principie.
to give directions and take
Stocksand Highly
MigratoryFish Stocks. ted in 1996.
specificaly rellected in 1996, when the
Government

)n the context
of Indian EnvironmentalLaw, thisprinciple isCitizens' Case IKuldeep Singh
upreme Court of India delivercd decision
vercd the decision
Vellore in
doption of the recautionar
Judge
rCas, 999, in 1999 the Supreme Court traced the developm
Pollution Control Boariard v
principle in Indian EnvironmentalLaw in thecase of AndhraPradesh Insurance Act, 1991*
Prof M.V. Nayadu. The Public Liability
(Sections I to 7-A)
"PolluterPays Principle": "poluier pays principle
The The employers
has been held to be a sound principle. INTRODUCTION: fall victims of accidents.
interprcted by th ie for harm lo tnC Cvironent extepd. handling hazardous
substances are likely to
After the
that, the absolute
upreme Court, means liability The workers who are
"contributory negligence".
CnIronmenial of 'assumed risk' or
pCnsate the victims of pollution, but also, the cost of restor used to escape
their liability on the grounds to protect the
workers for their satety in
degradation. Government of India has brought legislation insurance to them. The
Kemediation of such damaged environment is part of the process of "Sustainabie Development, and a
independence,the to protect workers, is through
providing
hazardous occupations. One of the ways
cOst or
share the burden in this.
POter IS liable to pay the cost to the individual sufferers, as well as,
reversing the employer has also to

damages to ecology.
Apart from the constitutional mandate to protect and improve the
are
environmen,tnere
of plenty STATEMENTOF OBJECTSAND REASONS: in India has been accompanied by
"The growth of hazardous industries, processes and operations
pOst-independence legislationson the subject. In view of the constitutional
held that, the
and it
the environmental
statutory provisions, the growing risks from the accidents, not only to the workmen employed
in such undertakings, but also
ust be precautionaryprincipleand the polluterpays principleare part of be in the Such
vicinity. accidents lead to death and injury to
law of the country. innocent members of the public who may
and private properties. Very often, the majority
Even olherwise, once these principles are accepted as part of the customary international law, human beings and other living beings and damage public of
sections and suffer great hardships because
nere woukd be no difficulty in accepting them as part of the domestic law. The rules of customary of the people affected are from the economically weaker
Interational law which are not contrary to the municipal law, shall be deemed to have ben incorporated delayed relief and compensation.
in the domestic law While workers and employees of hazardous installations are protected under separate laws,
and shall be followed by
the courts of law. Industrial units
members of the public are not assured of any relief except through long legal processes.
he Supreme Court adopted "Polluter Pays Principle". It is a sound principle universally accepted.
seldom have the wilingness to readily compensate the victims of accidents, and the only remedy
now

Carolyn Shelbourn in his "Historic Pollution" book wrote about Does the Polluter Pay?". The
Supreme Court observed: "The Polluter Pays Principle demands that the financial costs available for the victims is togo through prolonged litigation in a Court of Law. Some units may not have

of preventingor
remedying damage caused by pollution, should lie with the undertakings which cause the pollution, or the financial resources to provide even minimum relief.

produce the goods which cause the pollution. Under the principle, it is not the role of Government to meet It is, therefore, essential to provide for Mandatory Public Liability Insurance for installations
the costs involved in either handling hazardous substances to provide minimum relief to the victims. Such
an insurance, apart from
prevention of such damage, or in carry1ng out remedial action, because, the enable the
effect of this would be to shift the financial burden safeguarding the interests of the victims of the accidents, would also provide cover and
The "Polluter Pays Principle" was
ofthe
pollution incident to the tax payer. industry to discharge its liability to settle large claims arising out of major accidents. If the objective of
promoted by the Organisation for Economic and Co-operation providing immediate relief is to be achieved, the mandatory public liability insuranceshould be on the
Development (OECD) during the 1970s when there were demands on Government and other institutions
to introduce policies and mechanisms for the principle of "no fault" liability as it is limited to only relief on a limited scale. However, availabilityof
protectionof the environmentand the
posed by pollution in a modern industrialised society. Since then, there has been public
from the threats immediate relief would not prevent the victims to go to Courts for claiming larger compensation.
considerablediscussion The Bill seeks to achieve the above objectives"
 Prakash K.
58 Author-Prof,
Mokat
SIdent's Assent
INSURANCE ACT, 1991 (6 of 1991).
on 22 1- 1991 and became "THE
PUBLIC

LIABILIT
LIAB
Author-Prof. PrakashK. Mokal
59
An Act to
providefor tmmediate reliert practitioner,may make applicationfor claim for reliefunder Section 3 (1) in Form -I preseribed under
an

persons affected public liabilityinsurancefor the purpose of providing

ubstance and Jor
rule to the
4
Collector,
within 5 years of the occurrence of the accident.
by accident occurring s
connected therewith or
incidentali
while handling any
dr natters S. 7:
Award of relief:
receipt of an application under Section 6, the Collector shall, after giving notice of the application to
S3: Liabilityto give reliefin certaincases on tne owner and after giving the parties an opportunity of being heard, hold an inquiry into the ciaim oT each
principle
where death or injury to any person (other than of no 1aor aaamage to any propertyhhas resulte
a workman) Or
the claims, and may make an award determiningthe amount of relief which appears to him to be just
an accident, the owner shall be liable to give such relief as is specified in the dcnedule for su and specitying the person or persons to whom such amount of relief shall be paid.
death, injury or ch This Section also
specifies-
damage. a) procedure for inquiry and disposal of an application made under
any claim for relief under sub-section(1) (hereinafterreferred to in Act a claim for relief), the section 6;
sall
ne claim not be required to plead and establish that the death, injury and vhich b) period for payment of amount;
has been made
was due to any
wrongful act, neglect or derdu C)powers of the Collector, while dealing with the application made to
S. 4: Duty of owner to take him,
y
out insurancepolicies
Owner shall take out, before he starts handling any hazardous substance, one or more insurane. d) mode of recovery of amount if in aTears; andd
e) time for disposal of the claim for relief.
of insurance is insured against liability to give relief unde
whereby he
Sub-section (1) of sectionaCts
sub-section(1)afe 3: S. 7A: Establishmentof EnvironmentalRelief Fund:
a, any owner handling any hazardous substance immealately DeIOre the Government may, fund to be known the Environmental
Case wthnent of this Act, shall take out such insurance policy or policies, as soon as may be, and in any
heCentral
Relief Fund.
by notification. establish a as

case within a
period of one year from such
T owner shall commenceme
get the insurance policy, referred to in sub-section (1), renewed irom ume to time he Relief Fund shall be utilized for paying, in accordance with the provisions of this Act and the
Scheme made under sub-section (3), relief under the award made by the Collector under Section 7.
lore the
expiry of the period of validity thereof. so that the insurance policies may reiidm n force
throughoutthe period during which such
handling is continuea. he CentralGovernmentmay. by notification,make a Scheme specifyingthe authority in which the
No insurance policy taken out or renewed by owner. shall be for an amount less tnan ne amount of Relief Fund shall vest, the manner in
which the Relief Fund shall be administered, the form and the
paid-up capital of the undertaking handling any hazardous substance and owned and controlled by that manner in which money shall be drawn from the
Relief Fund and for all other matters connected with or
wner, and more than the amount, not exceeding fifty crore rupees, as may be incidental to the administration of the Relief Fund and the payment of relief therefrom.
Apranaion:- For the purposes of this sub-section, "paid-up capital" means, presclDdin
the case ot an owner not
ofins pany, the market value of all assets and stocks of the undertaking on the date of the contract
of insurance.
(5) The liability of the
insurer under one insurance policy, shall not exceed the amount specified in the
terms of the contract of
insurance in that insurance
) Every owner
shall also, policy.
to the
together with the amount of premium, pay to the insurer, for being credited
Relief Fund established under Section 7-A, such
further amount, not exceeding the sum equivalent
to the amount of
premium, as may be prescribed.
(2D) The insurer shall remit to the authority
specified in
(3) of Section 7-A, the amount received from the owner sub-section
under sub-section (2C) for being credited to the
Relief Fund in such manner and within such
So remit that
period, as may be
prescribed, and where the insurer fails to
amount, it shall be recoverable from the insurer as arrears of land revenue or of
demand. public

S.5: Verificationand publicationof accidentby Collector:

Whenever it comes to the notice of the Collector that an
acident has occurred at
jurisdiction, shall verify the occurrence of such accident and cause publicity any
he place within his
to be given in such
manner as he deems fit for
inviting applicationsunder sub-section(1) of Section 6.
S.6:Applicationfor elaimfor relief
According to Section 6, an injured person authorized agent; an owner of the
or his
property is damaged or his authorized
agent; the deceased's legal property whose
representative;or an agent of the legal
 Author-Pro1 Prakash h K. Mok
60. Author-Prof. Prakash K. Mokal
CHAPTER -VII 61. Council resolved
that,
singlc
1963. This
Self-Government in September, the State levels,
Central, and at
Pollution) CT, 1974»
ACT
ACT y
ne entral Council of Local

regarding measures
to deal with water pollution control, both,
at the

accordingly prepared
and
put up lo
of
aw

draft Bill was Conference

41 to 48 and the Fifth

Control
Control Union Parliament. A
THE WATER(Prevention
r
and
nand Sections
I to 23: y Cnacted by the
uon at a
jount of the Central Council
session
of Local
held in 1965. In pursuance
Self-Government

decisionOr tne
of the
ot
Syllabus
ylabus scribed
-

Ministers of Town and Country Planning Committee of Loca

Ministers

&
& ACT,1981»
1981 OC tate considered subsequently
in detail by a West Bengal.
Pollution)ACL session,
the draft Bill was
Rajasthan, Haryana and
in the country, and the
Maharashtra,

and Controlof
from the States of Bihar, Madras,
THE AIR (Preventi Sectio
1 to 46 o Ovenment
aving considered
the relevant local
Government came
existing
provisions
to the
conclusion that
the existing8
a
-

the
Syllabus prescribed ecommendations of the
aforesaid Committees,
There is, therefore, an urgent
need for introducing
for
States to proVIde
are neither adequate nor satisfactory. the Centre and
Cons: dprovISIons agencies in
INTRODUCTION:
water (Prevention Pollution)
Act,
1974, has
mportant

iration from the proclan nstitutio Cnsive legislation

which would establish unitary
and control of pollution of rivers and
streams, for maintaining
of
or
restoring
domestie ana

ne
implications,
and Control of immense
inspi
place at St prevention,
abatement
the existing and new discharges
such water sources and for controlling
drew
with internationalbackgrouna.
an The Act took
Environment
which
wnolesomeness of
adopted by the United
Nations the Human
on major role. 1he proteco ion industrial wastes. Committees and
seekS To
-

from 5h to 16th
onference
played a of of the aforesaid Water Pollution Prevention Boards with the
June, 1972, in the Indian delegation
mprovement of the human environment is aa major issue which
the wellbeing
aftects
people The Bill follows the
recommendations

establish at the Centre, as

well as, in the States on them such powers
as

majo
s
technical and administrative
staff and to confer
economic tho that in all
fact that of
development
he serio
nt through
through the world.
is evident from
the fact
advane necessary complement
with the problem of water pollution
in the country;
ne seriousness attached to the environmental problem
have given
thoughtserious are
necessary to deal effectively the Act; and
of the provisions of the extent or
provide penalties for
contravention
COuntries, scientists, economists, policy-makersand administrators,

activities in many
such advanced co
ountries ii) laboratories to enable
the Boards to
assess

Departments of Cnvironment
Environment are vibrant with
are vibrant wi a ddress themselves to this devast iii) Central and State water testing
establish

he developing and even under developed

nations,
astatiny standards and establish guilt or
pollution, lay down
default.
relatable to entry 17
read with entry 6
problem, especiallythe air and water urgcuy in respect of aforesaid subject-matter is
the make a law in the
pollutionprobie endeavour to proteet. Legislation Constitution, and Parliament
has no power to
the State shall t an
in the Seventh Schedule to the
While accordingto Article 48A of the Constitution of India of the counuy,
AruCIC
IA (g) of oT
LISt
II
States (apart from the provisions of Articles 249
and 250 of the Constitution)
unless the legislatures of
forests and wild life prou Constitution empowering
Constitution unent and to safeguard the
COnstitution also imposes as one
o protect and improve
or more States pass a
resolution in pursuance of Article
252 of the
the States of Gujarat,
of the fundamental au 11 have compassion for liv two The Legislatures of
to on the subject.
life and Parlhament to pass the necessary legislation Bill is intended to
natural environment
including forests, lakes. rivers and wild u the power to Iegislate on 'Wa and Mysore have passed such
resolutions. The
creatures W State subject, the Parliament can exercise Jammu and Kashmir. Kerala, Haryana aforesaid States.
the
only under Article 252a of the Constitution.
of
give effect to the resolutions passed by the Legislatures
legislative
The Water (Prevention and Control of Pollution)Act, 1974, is a specialised measure
meant to tackle one facet of
environmentalpollution.
Main Obiectsof the Act:
i)
ii)
To provide for the prevention,control and abatement of airpollution
Boards. with a view to
implementthe CHAPTER-I
provide for the establishnment of Central and State
aforesaid purpose; PRELIMINARY"
iii) O provide for conferringon such Boards powers, and assigning
to such Boards functions relating
thereto; and (Sections 1&2)
iv) For matters connected therewith.
Section1 Short title, applicationand commencement -

Statement of Obiectsand Reasons: 1974.

The problem of pollution of rivers and streams has assumed considerable importance and (1)
This Act may be called the Water (Prevention and control of Pollution)Act,
urgency in recent years as a result of the growth of industriesand the increasingtendency to urbanization the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal
lt is, therefore, essential to ensure that the domestic and industrial effluents are not allowed
(2) It applies in
to Pradesh. Jammu and Kashmir. Karnataka, Kerala, Madhya Pradesh, Rajasthan, 1Tripura and West
discharged into the water courses without adequate treatment, as such discharges would render the water
Bengal and the Union territories; and it shall apply to such other State which adopts this Act by
unsuitable as source of drinking water, as well as, for supporting fish life and for use in irrigation resolution passed in that behalf under clause (1) of Article 252 of the Constitution.
Pollution of rivers and streams also causes increasingdamage to the country's economy.
A Committee was set up in 1962 to draw a draft enactment for the prevention of wate (3) It shall come into force, at once in the States of Assam, Bihar, Gjarath, Haryana, Himachal Pradesh,
pollution. The report of the Committee was circulated to the State Govemmentsand was also considerel Jammu and Kashmir, Karantaka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and
in the Union territories, and in any other State which adopts this Act under clause () of Article 252
 Author-Prof Prakash
K.
62. in this
AC
to the comnm
this Act Com Prakasih K. Mokal
reference
of and any on which
ne Constitution on the date of such adoption mean tne d 63. Author-Prof,
dll, in any relation to Stateor Union territory,
in such State or Union
nto force
teritory CHAPTER-I
Section 2: Definitions -

Prevention and Control of Water

Section 2 : In this Act, unless the context otherwiserequires he Central and State Boards for
(a)"Board" means, the Central Board or State Boara, Pollution (Sections 3 to 12)
under
dection 3;
constituted
(b) "Central Board" means, the Board
Central Pollution Control
chairman
thereof; Constitution and Compositionof CentralBoardIS. 3(1)(2) (3)E
()"member"means, a member of a Board and includes the Constitutionof CentralBoard|S. 3(1): it may by
notification in the
Oncla
the. from such date, as
son whohascontrolover ne affan
Central Government effect
shall, with Control Board" to
exercise

d) "occi C Central Board to be called the

"Central Pollution
cCHpier" in relationto any factoryor premisesmeans. hsance,the pers0nin possession
on zete, appoint, constitute a
to that Board under this ACt.
tne powers conferred on, and perform the functions assigned
tne tactoryorthe premises,and includes.inrelatuonto
the substance:
carrying sew dae effluens Composition of Central
The Central Board BoardofIS.the3(2)E
shall consist following members, namely
ddoutler"includesany conduitpipe or channel, open or closed, llution, being a person having special knowledge
lme chairman, environmental
or practical experience

knowledge and experience n

in respect or
Oner holdingarrangementwhichcausesorlikelyto cause.po 4

protection or a person having

alteration of the physical,
chemical ars relating to
aforesaid, to be nominated by the central
epollution" means, such contamination of water such or of any other
liqu umnistering
nstitutions dealing with the matters

Dological properties of water or such discharge of any sewarctlv) as may, or is likely, to crea Govermment; Government to represen
not exceeding five. to be
nominated by the Central
Or gaseous or solid substance into water (whether directiy ori health or
health
or safety, or to domes DSucn number of ofticials,
nuisance or render such water harmful or injurious to public that Government:
fe and health of anima|s Government, Iromn
Central
uc
o of persons, not exceeding five to be
nominated by the
nerCial, industrial, agricultural or other legitimate uses, or to Sucn number
of the State Boards. of whom not exceeding
two shall be from those referred to

plants or of acquatic organisms; amongst the members

in clause (c) of sub-section (2) of Section 4;
prescribed" means, prescribed by rules made under this Act by the as th the Central Government, to
) such number of non-officials, not exceeding three, to be nominated by
in the
case the interest of the agriculture, fishery or industry or
trade or any other interest which,
may be, the State Government: represent
sewage disposal works and includ opinion of the Central Government, ought to be represented;
controlled or managed by the
Central
(8)sewage effluent"means.effluentfrom any sewagesystem or )Two persons represent
to companies or corporations owned,
the
Sullagefrom open drains Government, to be nominated by that Government;
of scientific,
ef
iradeeiuent member-secretary, possessing qualifications, knowledge and experience Govermment.
ermeans any conduitpipe or channel,open or closed,carrvingsewageOr
a full-time
1 the Central
68 engineering or management aspects of pollutioncontrol, to be appointed by
ction 4
(hy "State Board" means a State Pollution Control Board constitutedunder de
thereor appointed unde
Central B0ard,abodycorporate1S.3 (3)1: succession and a
the Administrator The Central Board shall be a body corporate with the name aforesaid, having perpetual
ale Governnment"in Union territory
relation to a means
common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property
Article 239 of the Constitution.
and to contract, and may, by the aforesaid name, sue or be sued.
() "stream" includes
(i) river; Constitutionand CompositionofStateBoards: IS. 4 (1) (2) (3) (4)]:
(i) water course (whether flowing or for the time being dry)% Constitution of StateBoardsIS. 4OE
The State Govermment shal, with effect from such date, as it may by notification in the Official Gazette,
(ii) inland water (whether natural or artificial);
appoint, constitute a State Pollution Control Board, under such name as may be specified in the
(iv) subterranian waters;
point as the state Governmen notification, to exercise the powers conferred on, and perform the functions assigned to that Board under
sea or tidal waters to such extent or, as the case may be,
to such
(may, by notification in the Oficial Gazette, specify in this behalt this Act.

Composition of StateBoards|S.4 (2)1:

(K)"trade effluent" includes any liquid.gaseous or solid substance whichis dischargedfrom an A State Board shall consist of the following members, namely
premises used for carryingon any industry,operationor process,or treatmentand disposalSystem
a) a chairman, being a person having special knowledge or practical experience in respect of matters
otherthan domesticsewage. relating to environmental protection or a person having knowledge and experience in administering
institutions dealing with the matters aforesaid,to be nominated by the State Government
 K. a
Author-Pro1,
State
Frakash
Government
Moka
may Prakash K. Mokal
64. me as
the
thiny 65.
Author-Prof,
be cither whole-time oPauer
rOVided that, the chairman may Slate
Governnment to repre
fit
exceeding five, to be nominarcd oy
DisqualificationsIS.6()2) and (31: | of his dcbis or nas

number of officials, not

uchthat Government;s Government, fromn among (1) No person shall bemember a of Board, who-
insolvent or has suspended payment
State
tuc time has bcen adjudged
five to be nominated by at any
not exceeding
nber ot persons, authorities functioning within the dtl by the State
Government, t. compounded with his creditors,
or

so declared by a competent court, Or Central Government

or, as the
case

members of the local (b) is of unsound mind and stands in the opinion of the
d) he
nominated

to be otner
lnterest
which
Such number of non-officials, not exceed1ngthree. or trade or any inthe been, convicted of an
C1s,Or hasthe State Government,
offence which,
of the agriculture, fishery
or industry involves moral turpitude, or
prcsent the interest
by the St may be, of under this Act,
or
iirm or company
convicted of an offence
or managed
the State Government, ought to be representcd owned, controlled
time has been, interest in any
opinion of (a) is, or at any
himself or by any partner, any
share or
apparatus
or nngs
companies or indirectly by
corporations

O Persons to represent the

nds arectly or plant, equipment,
oerience of sci sale or hire of machinery,
of manufacture,
GOvernment, to be nominated by that Government and business
knowledge
a gOn the Tirm
Government. employee of any company or
the State trade effluents, or
tull-time member-secretary, possessing qualifications by of sewage or
a
appointed for the treatment officer or
the Board, or with a 1oca
salaried
control, to be or other
gneerng or management aspects of pollution a
arector or a secretary, manager
the Government
constituting
managed by the
with the Board, or with controlled or

stae uovernment in the aving any contract corporation owned, tor the
treatment o
State Board, a body corporate [S.having
4(3)Eperpetual succession
name specified
by the
or with a company or
installation of plants
notification
Every state under sub-section (1).
Board shall be a body corporate with the and a common seal Win power, subiesaid
ect t CGOvernment,netate,
for the carrying out of sewage
schemes or for the

hay, by the . and

be, or ne
state
and to
contract.
sewage ortrade effluents, or or as the case may
of property Government to the
opinion of the Central detrimental
C ProvISIons
of this Act, to acquire, hold and dispose 8as
So abused, in the
to render his continuance on the Board

his position as a member,

as
name, sue or be sued.
OVCment,
interest of the general public. State Government, case may as the
Government or the
State Boardshall not beconstitutedfor Union S. (aBoard ha
territoryState shall be
consiutea
ror a Unin Order shall be made by Central
of removal a reasonable opportunity
of

Notwithstandinganything contained Section, in this no

exercise
the powers and perform tthe (4No this Section unless the member
concerned has been given

territory, the Central Board shall De, under member who has
been
showing cause against the same.
functions ofa
Tunctions ofa Board non
State R
State for that Union territory: contained in sub-sections (1) and (7) of
Section 5, a
Central Board may aeiegatc a or any of i ) Notwithstanding anything
for re-nomination as a member.
that, in relation to any Union territory, the as tne ceniral Govermmen removed under this Section shall not be eligible in section 6, his
seat
aed persons disqualification specified
powers and functions under this sub-section to such person or body of Board becomes subject to any of the
S.it a member
of a
may specify. shall become vacant.
a may be prescribea:
S. 8: A Board shall meet once in every three months meeting
at least he may
is to be transacted,
Terms and conditionsof serviceof members[S.5 ()1
member of a Board, other tnan a
nciibe-secretary, Provided that if, in opinion of the chairman, any business of an urgent nature

as otherwise provided by or under this Act, a thinks fit for the a foresaid purpose.
v hold
shall office for a term of three years from the date of his nomination convene a meeting of the Board at such time as he
continue to hold office
the expiration of
his term, S. 9: Constitutions ofcommittees of menmbers or wholly oi
other
TOvIded that a member shall, notwithstanding
() A Board may constitution many committees consisting wholly
as
Iit.
until his successor enters upon his office. or purpose as it think
of members and partly of other person, and for such purpose
persons or partly and shall observe
Section 5 Z) (6) (e) && section shall meet at such time and at such place,
he end of the term of officeof a memberof a Boardnominatedunder (2) A committee constituted under this
be prescribed.
procedure in regard to the transaction of business at meetings, may
as
Such rules of
Section
1he
42)b) e) IS.5(2)1
term of the office of member of a Board nominated under the
a
above Sections shall come to an end (3) The members of a committee (other than the members of the Board)
shall be paid such fees and
Government or, as the other work of the Board as may be
as soon as he ceases to hold the office under the Central
Government or the State allowances, for attending its meeting and for attending to any
controlled or managed by the Central Government, by prescribed.
case may be, the company or corporation owned, S. 10: Temporary association of persons with Board for particular purposes
Virtue of which he was nominated.
(1) A Board may associate with itself if such manner, and for such purpose,as may be prescribedany
person whose assistanceor advice it may desire to obtain in performing any of its function under this Act.
Removal of any memberof aBoard
the
IS.5(3)1:
be, the State Government may, if it thinks fit, remove any (2) A person associated with the Board under sub-section (1) for any purpose shall have a right to take
Central Government
The or, as may
case

member of a Board before the expiry of his term of office, after giving him a reasonable opportunityof part in the discussion of the Board relevant to that purpose, but shall not have a right to vote at a meeting
Showing cause against the same. of the Board, and shall not be a member for any other purpose.
(3) A person associated with the Board under sub-section (1) for any purpose shall be paid such fees and
Resignation from_officeby a memberof a Board(S.51(4)]: allowances, for attending its meetings and attending to any other work of the Board, as may be preseribed.
A member of a Board, other than a
member-sccretary,may at any time resign his office by writingund
his hand addressed - (a) in case of the chairman, to the Central Government or, as the case may be, the
S. 11: Vacancy in Board not to invalidate acts or proceedings. - No act or proceeding of a Board of any
committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or
State Government; and (b) in any other case, to the chairman of the Board; and the seat of the chairman of
such other member shall thereupon become vacant.
any detect in the constitution of the Board or such committee, as the case may be.
 66. Author-Prof.Prakash K. Mokal 67. Author-ProfPrakash K,State,
Mokal
The Chaiman ot a Board shall exercise such powers and
11A : Delegation of powers to Chairman- Govermment or the participating State Giovernment (if there are than one participating also
or as may. from time to t1me. be delegated to him by the
.

be preseribed
erform such duties as may which of the partieipating State Governments) shall exercise and pertorm the several powers and

Board). function of the Statec Government under this Act and the reterence in this Act to the State
and ofticers and other employees of Board Government shall be construed accordingly:
S. 12: Members-seeretary
conditions of service of the members-secretary shall be such as may be preseribed.
(1) The terms and (c) Provide for consultation, in a case reterred to in clause (a) of sub-section (1), between the
duties as nmay be prescribedora
(2) The members-secretary
time
shall exercisesuch powers and perform such
time, be delegated him by the Board
to to or its Chaiman.
participating State Government and in a case referred to in clause (b) of that sub-section, betwcen
may, from the Central Government and or State Government
(3) Subject to such rules as may be made by the Central Govemment or as the case may be, the State the participating Stlate Government
generally or with referenee to particular matters arising under this Act;
either
Govemment in this behalt. a Board may appoint such officer and employees as it considers necessary for not inconsistent with this Act, as
the efficient performance of its functions and employees as it considers necessary for the etticient
(d) Make such incidental and ancillaryprovisions,
necessary or expedient for giving effect to the agreement.
may be deemed

performance of its functions.

(3) An agreement under this section shall be published, in a case referred to in clause (a) of sub-section
(3A) The method of recruitment and the terms and conditions of service (including the scales of pay) of (1), in the oflicial Gazette of the participating States and in a case referred to in cause (b) of that sub-
the officers (other than the member-secretary)and other
employees of the Central Board or a State Board section, in the official Gazette of the Participating Union territory or Union territories and
participatin
shall be such as may be determined by regulations made by the Central Board or State or States.
the State Board:
as the case may be. D

Provided that no regulationmade under this sub-sectionshall take effect COMMENTS

(a) In the case of a regulation made unless.
by the Central Board. it is A joint Board may be constituted by an agreement to be entered into
and approved by the Central Governmc (a) either by two or more Government of contiguous States,
(b) In the case of a regulation made a State
by Board. it is approved the State (b) or by the Central Government (1n respect of one or more Union territories) and one or more
(3B) The Board may, by general or special order, and by Govenment. Government of States contiguous to such Union territory or Union territories.
may be specified int eh order, delegate to any ofticer ofsubject to such conditions
the Board such of its
and limitations, il
auy An agreement may contain such terms and cond1tions as specified in clauses (a) to (d) of sub-section (2).
this Act as it may deem
necessary.]
(4) Subject to such conditions
powers and function u
as S. 14: Compositionof Joint Boards
person to be a consulting engineermay prescribed,
to the Board andapay Board
him may
such from
salaries
timeandto allowances
time
and subjeualified
to such other
terms and conditions appoint
any qua
him
(1) A Joint Board constituted in pursuance of an agreement entered into under clause (a) of sub-section 13
of service as it shall consist of the following members namely:-
thinks fit. (a) A full-time chairman, being a person having special knowledge or practical experience in respect
of [matters relating to environmental protection) or a person having knowledge and experience in
administrating institutions dealing with the matters aforesaid. to be nominated by the Central
Government;
CHAPTER- III (b) Two officials from each of the participaing States to be nominated by the concerned participating

S. JOINT BOARDS State Governmentto represent that Government

13:Constitutionof Joint (c) One person to be nominated by each of the participatingState Government from amongst the
(1)Notwiihstanding Board:
(a) By two or anything contained in this Act, an
members of the local authoritiesfunctioningwithin the State concerned;
b) By the
more
Govenmentsof agreement may be entered into- (d) One non-officialto be nominatedby each of the participatingState Governments to represent the
Central
Govermment (in
contiguous
States, or interests of agriculture, fishery or industry or trade in the State Govenment, is to be represented:
t0 be inGOvernments of States respect of one or more (e) Two persons to be nominated by the Central Government to represent the companies or
torce for such contiguous to such
Union Union
territories) owned, controlled or managed by the participatingState Governmemt.
specitied in the period and to be territory or Union CTTitories) and one
one or mo corporations
() agreement to subject to
renewal
provide for the constitutionof for such further territories, ( A full-time members-secretary.possessingqualifications,knowledge and experienceof scientific,
in a case
Board, - period, if any, as *
engineeringor managementaspect of pollutionscontrol, to appointed by the Central Government.
(i) in a case referred to in clause (a), for all the
a Joint may
referred
and the State to in
clause (b), for the participating 2) A Joint in pursuance an agreement entercd into under clause (b) of sub-scction ()
Boardconstituted
(2) An State, and of section 13 shall consist of the following members, namely:-
1a)
Provide, in case
or States.
agreement under this section participatingUnion territory Union territorie (a) A full-time chaiman, being a person having special knowledge or practical experience in respect
referred tomayin clause
or
a tei matters relating to environmental protection] or a person having knowledge and experience in
participating
betw een the State and in case a (a) of
sub-section (1), for administering institutions dealing with the matter aforesaid, to be nominated by the Central
Central referred to in clause the
the
Government and the
expenditure in connection (b) of that apportionmentbetwe the
Govenmet;
State sub-section, for the
(6)
Determine, in case a participating
with the Joint
Government or State apportio
nmens (b) Two officials to be nominated by the Central Government from the participating Union territory
Government and in referred to in clause Board: or each of the participat1ng Union territory, as the case may be, and officials to be nominated, from
sub-section (1), which of Governin
ments,

case a (a) of
referred to in the partieipat1ng state or each of the participating States. as the ease may be, by the concerned
clause (b) of that the participating State Government;
ating State
participalins
sub-section, whether tne
Central
 68. Author-Prof PrakashK. Mokal 69.
(c) One person to be nominated by the Central Government from amongst the members of the local
authorities functioning within the participating Union teritory or each of the participating Union
Author-Prof Prakash K. M=
teritories, as the case may be, and one person to be nominated, from amongst the members of the
Powers and Functionsof Centraland State Boards
local (Sections 16-18):
authoritiesfunctioningwithin the
participatingState or each of the participatingStates, as the
case may be, by the concerned participating State Government.
(d) One non-official to be nominated by Central Government and one person to be nominated by the Functions of Central Board (S. 16):
1) Subject to the provisions of this Act, the main function of the Central
participating State Government or State Govenments to represent the interest of agriculture, Board shall be to
cleanlinessof streams and wells in different areas of the States. prom
in the Union teitory or in each of the Union territories or the State or
fisheryorindustryorastrade
cach of the the case
in State,may be, or any other interest which in the opinion of the Central 2) In particularand without prejudice to the generality of the
foregoing functions, the Central
Government or as, the case may be, of the State Government is to be
represented perform all or any of the following functions, namely - Board m
(c) Two persons to be nominated by the Central Government to represent the companies or a) advise the Central Government on any matter concerning the
pollution; prevention and control of wa
corporations owned, controlled or managed by the Central Govermment and situate in the
participating Union territory or territories and two persons to be nominated by the Central b) co-ordinate the activities of the State Boards and resolve disputes
wate
among them;
Government to represent the companies or corporations owned, controled or managed by the c) provide technical assistance and guidance to the state
participating State Governments; and research relating to problems of water Boards, carry out and
sponsor investigations
pollution and prevention, control or
pollution; abatement of water
() A full-time
member-secretary,possessing qualifications,knowledge and experience of scientific,
engineering or management aspects of pollution control, to be appointed by the Central
d) plan and organise the training of persons engaged or to be engagcd in
control or abatement of water pollution on such terms and conditions programmes for the prevention
Government. as the
Central Board may
specify; nay
8) When a Joint Board is constituted in pursuance of an agreement under clause
(b) of sub-section(1) o e) organise through mass media, a comprehensiveprogramme regard1ng the
Section 13, the provisions of sub-section prevention and control of
(4) of Section 4 shall cease to apply in relation to the Union water pollution;
territory for which the Joint Board is constituted.
perform such of the functions of any State Board, as may be specified in an order made
4) Subject to the provisions of sub-section (3), the provisions of sub-section (3) of Section 4 and Sectio section (2) of Section 8 under sub-
to 12 shall apply in relation to the Joint Board and its member-secretary as they apply in relation
State Board and its g collect, compile and publish technical and statistical data relating to water pollution and the measures
member-secretary. devised for its effective prevention and control, and prepare manuals, codes or
guides
Any reference in this Act to the State Board shall, unless the context treatment and disposal of sewage and trade effluents and disseminate information relating
to
otherwise requires, be construo
as
including a Joint Board. therewith:
connected

h) lay down, modify or annul, in consultation with the State Government concerned, the standards for
his Section COMMENTS the stream or well:
provides for composition of i) Provided that, different standards may be laid down for the same stream or well or for different
differentJoint Boards, namely
Joint Board constituted in pursuance of an agreement entered into under clause (a) or
streams or wells, having regard to the qualty of water, flow characteristics of the stream or
well and
section (1) of
Section13 > the nature of the use of the water in such stream or well or streams or wells;
t
section Board constituted in pursuance of an agreement entered into under clause (b) f sub Plan and cause to be executed a nation-wide programme for the prevention, control or abatement of
(1) of
Any reterence to the Section 13. o water pollution;
State Board k) Perform such other functions as may be prescribed.
S. 15: includes a Joint
Board.
Special
provisionrelating to
anything contained givingAct
3) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its
Notwithstanding
(a) the
of directions
in functions under this Section efficiently, including the analysis of samples of water from any stream or
Government of the State thi where any Joint Board is constituted under Section I3,
well or of samples of any sewage or trade effluents.
for which the Joint Board is constituted shall be competent
Onofunder this Act where
jurisdiction
(6)the Central the State;
such direction relates to a
matter witnin c
ritorial

Functionsof StateBoard (S.17):

Govemment A of this Act, the functions of the State Board shall be
direction
relates alone shall be such
1) Subject to
the provisions -

a Union teritory. to a matter cor

within the Competent to give direction under this A pertainingg lo a) to plan a comprehensive programme for the prevention, control or abatement of pollution of streams
territorial irisdictionof
jurisdiction
ol two or more States or
pertain. and wells in the State and to secure the execution thereof,
w b) to advise the State Govermment on any matter concerning the prevention, control or abatement of
This Schon
Central
Govemment Is
stipulates cases in whichCOMMENTS water pollution;
c)to collect and disseminate information relating to water pollution and the prevention, control
under Section 13. competent to give the Government of the stae, as the case may
e, the
any direction abatement thereof;
under this Act T0 oi auy
Joint Board Constituleco
 Author-Pro,. Prakash K. Mokal 71 Author-Prof Prakash K. Mokal
70. to problems of water
and participate mvestigationS
and rescarch relating S. 19:Powerof StateGovernmnentto restrictthe applicationof the Actto certainareas-
encourage,
conduct
of water pollution; If the State Government is of the opinion that, the provisions of this Act need not
d) to control or abatement apply to the
pollution and
prevention, of persons engaged m programmes entire State, it may restrict the application of this ACt to sucn area or areas as may be declared
Central Board im organizing the training as water
with the
and to organise mass cducation polution, prevention and control arca or areas.
c)to collaborate
control or abatement of water pollution
relatingto prevention,
S. 20:
programmes relating thereto:
eltluents, and to reviCw plans, specifications or other data relating to plants Powertoobtaininformation
() For the purpose of enabling a State Board to pertornm the functions conferred on it by or under this
the system for the disposal of
or trade
sewage
n to inspect of water, works
for the puritication thereofand Act, the State Board or any officer empowered by it in that behalf, may make surveys of
set upfor the treatment with the of any consent as required by this Act: any area and
grant
trade efiluents or in connection
and for the quality gauge and keep records of the flow or volume and other characteristics ot any stream or well in such
sewage or
or annul effluent standards tor the sewage and trade eftluents area.
and may take steps forthe measurement and recording of the rainfall in such area or any part thereof. and
al lavy down. modify
to stream) resulting from the discharge of effuents
Water in an inter->tate for the installation and maintenance for those purposes of gauges or other apparatus and works
of receiving waters (not being connected
waters of the State: therewith, and carry out stream surveys, and may lake such otner steps as may be necessary in order to
and to classify regard
and reliable methods of treatment of sewage and trade efluents, having obtain any information required for the purposes aforesaid.
h) to
evolve economical Water resources of different regions and more
conditions ot soils, climate, and (2) A State Board may give directions requiring any person, who in its opinion, is abstracting water from
to the peculiar
tlow of water in streams and wells which render it impossible any such stream or well in the arca in quantities which are substantial in relation to the flow or volume of
especially the prevailing characteristics
even the minimum degree of dilution: that stream or well or is discharging sewage or trade etfluent into any such stream or wel. give such
to attain
of and suitable trade eftlucents in agriculture; information as to the abstraction or the discharge at such times and in such torm, as may be specified in
to evolve methods of utilisation sewage
to evolve efficient methods of disposal of sewage and urade efluents on land, as are necessary o the directions.

account
of the scant stream flows that do not
predominantconditionsof provide for major part of ne (3) Without prejudice to the provisions of sub-section (2). a State Board may, with a view to preventing or
year the
minimum degree dilution
of
controllingpollutionof water give directionsrequiringanv personin chargeof any establishmentwhere
k) to lay down standards of treatiment ot sewage and trade effluents to be discharged into any particulu
any industry,operationor process,or treatmentand disposalsvstem is carrIeson.to furnish to it
the
stream taking into account mnimum far weather dilution available in that stream and
the informationregardingthe construction,installationor operationofsuch establishmentor of anydisposal
tolerance limits of pollution peimiSSible in the water of the
stream, after the discharge of su Systemor of any extensionoradditiontheretoinsuch establishment.andsuchotherparticularsas may be
effluents; prescribed
to make, vary or revoke any order Thus, the State Board or any of its authorised officer may make surveys, take measurements and
-

1)
for the prevention,
control or abatement of
dischargesof waste into streams or wells; obtain information for the purposes specified in sub-section (1).
requiring any person concermed to construct new systems
ii)
for the disposal of sewage
Failure to comply with any direction given under sub-section (2) or sub-section (3) of Section 20

existing system or to adopt Such anl

effluents or to modity, alter or exiend any such cmedal
is an offence punishable under sub-section (I) of Section 41.
measures as are necessary to prevent, control or i
abate water pollution;
m) tol lay down effluent standards to be
sullage or both, and to lay down,
complied with, by persons while causing discharge of vage o Procedures for Sampling
effluents; modify or annul efluent standards
for the sewage an
Scrade trade

S.21:PowertotakeSampleyof EmuentsandProcedureto be Followedin connectiontherewith=

n) to advise the State Govemment WIth
is likely to pollute abatement respect to the location of
stream or well; any industry, theCarrying on of whic" 1)State BoardhasthePowerto Take Sampleof Water for
o)to perform such otner functions as carrying on
Analysis:A State any ofticer empowered by it in this behalf, shall have powertotake forthis
Board or

by the Central Board or the State may be of any sewage or trade eftluent
prescribed or as may, from time to 1 to h
purposeof analysis,samplesofwater from any stream or well or san1ples
Government. time, be ent which is passing from any plant or vessel or from or over any place into any such stream or wel.
2) The Board may establhsh or
perform its functions under this recognise abatement 2) Theresultof any analysisnot admissiblein evidence: The result of any analysis of sample any
of a

stream or well of samples Section efficiently, laboratory or laboratories to enab

or nable the Board
trade effluent taken under sub-section (1) shall not be admissible in evidence in any legal
of any sewage or trade including the analysis of fiom any sewage or

samples unless the provisionsof sub-sections (3). (4) and (S) are complied with.
Central Government and effluents. of wa proceeding
Power to give
directions State Governmentmay give Directions
-

3) Noticeisrequiredto begivento theoccupier:Subject to the provisions of sub-sections(4) and (5).

In the
perlomance of its
a)the Central Board shall functions to the Boards
(S. 18)2 when sample (composite otherwise as may be warranted by the process used) of any sewage trade
a or or

efluent is taken for analysis under sub-section( D. the person takingthe sample shall
b) a State Board shall be bound by directions
be bound
by directions of the Central a) serveon the person in charge of, or having control over, the plant or vessel or in occupationof the
of State
the Government ; place (i.e. the occupicr) or any agent of such occupier, a notice, then and there, in such fom, as may
Government. be prescribedofhisintentionto have it analysed;
Prevention and Control of b) in the presence of the occupier or his agent, divide the sample into two parts:

(Sections 19 to 23)Water Pollution

 72. Author-Prof. Prakash K. M.
marked and scaleaand shal also
C)cause cach part in analysis container which shall be or his agent
to be placed
he Prakash K. Mokal
and the occupier
signed by both,by the person taking the
sample. 3
AuthorProf
The rules made thereunder has been or is being or is about to dC n to believe that it may
d) send one containerforthwith.- taken from any area situated in
Union territory, to the labo. to
believC
ooralon has reason
an

i) in where such sample is docunment or other material object, if he Act or the

Tui
case
Board under Section 16; and P TeCord, register, punishable under
this
established recognised by the Central
or
the State Board under Sen Cvidence of the
commission of an offence
established or recognised by c. ly
case, to the laboratory
ii) in any other thereunder. of a well, shall be exere
second container, for the inspection anu

the occupier or his agent, send the the right to enter under this sub-scction
used for
residential purposes
e)on the request of situated in an
Union
territory, vucd that, is situated in any premises
such sample is taken from any
area
where such well
i) in a case where sub-section (1) of Section 5 l; and nOurS in a case
tho water thereof of Jammu and
established or specified under is used exclusively for domestic purposes. relation to the State
laboratory under sub-section
() of Sectio the 1973, or, in
other case, to the laboratory established or specified Provisions
the Code of Criminal Procedure,
of
that State, shall, so far as may
be,
appiy
ii) 1n any law in force in
provisions of any corresponding made under the authornty o
under.
the timewhensanmpleis taken1oranalySIS
the seizure

4)If the occupierwilfullyremains

absent at er su d
Scarch or
seizure under this Section as they apply
to any search

said Code, or, as the

or

case may be,

under the corresponan
(), and a issued under Section 94 of the
section (1): under sub-section the warrant
trade effluent is taken for analysis
or of sub-section (3), ao
provisions of the said law.
When a sample of any sewage his agent, a notice under clause a) and th Explanation -
For the purposes of this Section, "place"
includes vessel.

the sample serves on the occupier

or
with such
taking time to enter,
absents himself, then, and shall al Note right at any
have
occupier or his agent wilfully marked and sealed, to a
any person specitied
which shall be the Government may cmpower
of the purposes
taken, shall be placed in a container forthwith by such pers , state (which includes vessel) for any
a) the sample so
shall be sent any place
assistance as he
considers necessary,
the sample, and the
same

Signed by the person taking clause (ii), as the

case
may be, of in clauses (a) to (c). the provisions ot
or sub with
referred to in sub clause (i) be made only in accordance
analysis to the laboratory inform the Government analyst appolnted under Any search or seizure under this Section, can

and such person shall the wilful

absen.
(e) of sub-section (3), be, of Section 53, in writing about nce o the Code of Criminal Procedure.
as the case may
section () or sub-section (2),

the occupier or his agent; and

shall be payable by
the occupier agent and i or
his
such sample analysed,
in getting the occupier
or his
agent, aas the
b) the cOst incurred recoverable from
same shall be
case of default of
such payment, the
demand:
arrears of land revenue or of public the case may be, his agens1 PENALTIES AND PROCEDURE
case may be, as an occupier or, as nt
Provided that, no such recovery
shall be made unless the ha (Sections 41 to 48)
heard in the matter.
reasonable opportunity
of being
been given a
Thus, it is clear that
Section 21 -

officer to take sample of Failure to complywith directionsundersub-section(2) or sub-section(3) of Section20, or orders

1) Empowers a State Board
or its authorised under sub-section(2) of
issued under clause(c) ofsub section(1) of Section32 or directionsissued
water for analysis;
and
the sample has been
taken for Section 33 or Section33A (S. 41)- sub-section (2)) or sub-section (3) of Section 20
2) Specifies the procedure after 1) Whoever fails to comply with the direction given under
with
within such time as may be specified in the direction, shall, on conviction, be punishable
analysis
taken under Sectionto21the laboratory established
extend to ten
imprisonment for a term which may extend to three months or with fine which may
Reports of the result of analysison samples is sent for analysis thousand rupees or with both, and in case the failure continues, with an additional fine which may extend
S. 22 When a sample of any sewage or trade effluent
has to analyse
the sample, and submi
five thousand rupees for every day during which such failure continues after the conviction for the first
concerned Board analyst
to
the Central Board State Board, the
or concerned Board. such failure.
analysis in triplicate to the or his agent refers 2) Whoever fails to comply with any order issued under clause (e) of Section 32, or any direction issued
report of the result of such of the report
to the occupier ferej
is to send a copy
The concerned Board required by a court under sub-section (2) of Section 33, or any direction issued under Section 33A shall, in respect
to in Section 21. ofeach such failure and on conviction,be punishable with imprisonmentfora term which not be shall
less than one year and six months, but which may extend to six years and with fine, and in case the failure
in this behalf,sha
S. 23 Power of entryand inspection= State Board

Section, any person

empowered by a
continues,vwith an additional fine which may extend to five thousand rupees for every day during which
Subject to the provisions
assistance
of this
as he
considers necessary, any
place- such failure continues after the conviction for the first such failure.
time to enter, with such to him, 3) If the failure referred to in sub-section (2), continues beyond a period of one year after the date of
ave right at
a any functions of the Board
entrusted
performing any of the any such
functions are tob
conviction,the offender shall, on conviction,be punishablewith imprisonmentfor a term which shall not
or the purpose of whether, and if so, in what
manner,
of any notice, orde
or
the purpose of determining of this Act or the
rules made
thereunder be less than two years, but which may extend to seven years and with fine.
or whether any provisions this Act is being or has
been compli
pertormed under granted
or authorisation served, made, given, or
COMMENTS:
airection Failure to comply with
with: document or any other material object or f
of examining any plant, record, register, under this Act i)any direction given under sub-section (2) or sub-section (3) of Section20; or
the purpose
that, an offence
or has reason to believe
COnauctng a search of any place in which he
 Author-Pro,Prakash Moka Mokal
Prakasih K.
74. Author-Prof fine
which may

any order issued under clause (c) of sub-section (1) ol Seci 32: or 15. an
additional

atcr

or
failure,
with
Witn
an audi failure
continues

) any direction issued under sub-section(2) of Section 33, or

in the case of continuing
contravention

which such
contravention
or

Section 33A, is an offence punishable under this Section. , and rupees for every
day during no penalty
ror an
nousand when
Ditferent offences entail different on or failure. punishments
These Penalties are quantum of penalties conviction for the first such
contravention

It prescribes
quantum of
Section.
as under penalty
residuary in the Act.
has been provided elsewhere
Penalty for certainActs (S. 42): offence
afterwards, it shall be lawu
1) Whoever- (S.46): offence
Publication of namesof offenders
fixed in the like name
orstake or the ground
commits a the offenders
offence under this Act, cause
a) destroys, pulls down, removes, injures or defaces any pillar, post the authority Board,O persOn convicted of an conviction takes place, to
expenst
notice or other matter put up, inscribed or placed, by or
under y betore which the
second or subscquent
published offender'
at the s
any from exerCising |his be
Board powe 0Tne court offence and the penalty
imposcd to
and the expenses of
such pudiication
D)obstructs any person acting under the orders or
directions
of the of residence, the
place direct, uC Salc

and such other manner as the court may

and shall be recoverabie
in

and performing his functions under this ACL, Or wspapers

or in
attending the conviction
be part of the cost

Cdamagesany works or property belongingto the Board, or

the Board any
intormation required by
him for Snail be deemed to
the offence and the penalty
a1ails to furmish to
any officer or other employeeof
manner as a fine.
cause the offender's name and place of residence,
the purpose of this Act, or hus, the court may
tor event under Section 31 at the offender's expense in any
newspaper.
)Tails to intimate the occurrence imposed to be published
of any accident or other unioreSc ,or
O theinBoard and authorities or agencies as required by that Sect
under this Act,
knowingiy or wilful offence by companies (S. 47): a company, every
person time tne who at the
Act has been committed by of the
ails giving any information which he is requiredto give
5
makes a statement which is false in any material particular, or () Where offence under this
an

was in charge of,

and was responsible
to the company
for the conduct
to be proceeded
committed, shall be liable
Section 26, knowingly or wilfully Offence was of the offence and
gfor thepurpose of obtaining any consent under Section 25 or business of the company,
shall be deemed to be guilty
makes a statement which is false in any materialparticular, accord1ngly: liable to any
three months or with Iine which against and punished shall render any such person
shall be punishable with contained in this sub-section
imprisonmentfor a term which may cextend
to
Provided that, nothing without his knowledge or
was committed
may extend if he proves that, the offence
to ten thousand
rupees or with both. punishment provided in this Act, of such offence.
to prevent the commission
25 or Section 26 for the use that he exercised all due dil1gence offence under this Act has
been
of the provisions of Section
consent in contained in sub-section (1)), where an
ar
Brant
of a pursuance
and such deviCe 1s usca Ior the (2) Notwithstanding anything committed with the consent or
Cicr or gauge or other measure or monitoring device required,
is
alters or interferes WIn that deviceso
committed by a company and it is proved
that the offence has been
or other
on the part of, any director, manager, secretary
Pposcs OI those provisions, any person who knowinglyor wilfully with imprisonmenttor a term
connivance of, or is attributable to any neglect
deemed to be guilty
or other officer shall also be
prevent it from monitoring or measuring corectly, shall be punished
aWincn ten thousand rupees
or witn DOth. officer of the company, such director, manager, secretary
may extend to three months or with fine which may extend to
of that offence, and shall be liable to be proceededagainst
and punished accordingly.

Penaltyforcontraventionof provisionsofSection24:(S.43):
Whoever contravenes the provisions of Section 24. shall be punishable with imprisonment 1or a term Offence by GovernmentDepartments(S. 48): the Head of the
Where offence under this Act has been committed by any Department of Government,
an
which shall not be less than one year and six months, but which may
extend to SIX years and Tme.
Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Penalty
Whoeverfor contravention
contravenes ofSectionof25Section
the provisions or 26(S. 44):Section
25 or 26, shall be punishable With imprisonment Provided that, nothing contained in this Section shall render such Head of the Department liable to
or that he exercised
1or a term which shall not be less than one year and six months, but which may extend to six years and any punishment if he proves that the offence was committed without his knowledge
all due diligence to prevent the commission of such offence.
fine.

Enhancedpenaltyafterpreviousconviction(S. 45): Cognizance of offencesIS. 491:

No court shall take cognizance of any offence under this Act except on a complaint made by
f any person who has been convicted of any offence under Section 24 or Section 25 or Section 26, is
(a) a Board or any officer authorised in this behalf by it; or
again found guilty of an offence involving a contraventionof the sanme provision, he shall, on the second (b) any person who has given notice of not less than 60 days, in the manner prescribed, of the alleged
and on every subsequentconviction,be punishablewith imprisonmentfor a tem which shall not be less offence and of his intention to make a complaint, to the Board or officer authorised as aforesaid,
than two years, but which may extend to seven years and with fine:
(c) and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class
Provided that, for the purpose of this Section, no cognisance shall be taken of any conviction made
shall try any offence punishable under this Act.
more than two before the commissionof the ofence which is being punished.
years

Penaltyfor contraventionof certainprovisionsof the Act(S. 45 A): Case Law

Whoever contravenes
Ganga Water Pollution Case:
any of the provisionsof this Act or fails to comply with any order or direction M. C. Mehta v/s. Union of India, A.L.R. 1988 SC 1115-
under this Act, for which no penalty has been elsewhere provided in this Act, shall be punishablegivenwith
mprisonment which may extend to three months or with fine which
may extend to ten thousand rupees or Facts:
 76. Author-Prof,Prakash K. M.
The India "Bharat Varsha" was knov nation of rivers. And the mother river was
as a nga, f Prakash K.Moka/ "
called and worshiped as Ganga Mata. River Ganga is the symbol of purity and sanctity. Thus, river CGand Author-Pro,. 1914,
16" June.
77 held at
Stockholm,
from 5" to

1s very famous for its historical significance and was considered to be the most sau Environnment
Ses by on the
Human
a
the natives of India. A number of cities, towns and villages belonging to Bihar, .Wes Onerence
which our country was also represented. Pollution) Act, 1981,
contains IOd
appropriate steps io
Bengal, etc. are located on the banks of the river. and Control of
(Prevention
to the Air "to take 1s
are
human cXCreta, etc. eamble decision so taken were
Preamble also
recorcds that,
t
he Ganga water got polluted industrial wastes, chemical effluents,
as
With a belief that
the dead being P ton
of the fact and includes that, the
and control of air
pollution.
The
to the preservaon
or

indiscreetly discharged into the river at Kashi, holy place for pilgrimage. O e natural resources

aforesaid, in so far as
they relate
persons would go to heaven directly, since they consider Kashi as holy nd the river as Sacred, cne to implement the
decision
plae in being discharged int crecd necessary
quality of air and control of air pollution" is a specialized
legislative
in
he sewage water huge quantities from Calcutta, Kanpur and other
iver. here is a cattle population of about one lakh in the Kanpur city andu its
places the vicinity. The duno ne Air (Prevention and Control of Pollution)
Act, 1981 (14
of 1981),
Its' main objectives
are the following:

environmental pollution.
TOdder waste and other refuse from the cattle stable is released into the river. tie meant to tackle one facet of

at Kanpur was tested and was found not suitable for human consumption by tne Viz. U. P. wale Cdsure,
to provide for the prevention,
control and abatement
of air pollution,
with a view to implement
the aroresaid
(a) for the establishment of Central and State Boards,
Nigam, U. P. Water Pollution Control Board, Central Lcather (0) to provide
Kesca Supreme
Court under Ani such Boards,
functions
relatin
he petitioner M. C. Mehta, filed a Püblic Interest Litigation petition in the dup
Artice purpose
(Cto proVIde for conferring
on such Boards, powers and assigning to

32
ofthe Constitutionagainst the Union of lndia, Kanpur Municipal Corporationa thereto; and
preventionof Public Nuisance caused by polluted Ganga water. for matters connected therewith.
failed ntrol, preven
to contro (d)
Ihe petitioner,in his petition contended that the Kanpur Municipal Corporation Control of
the pollution under the Environment (Protection) Act, 1986, The Water STATEMENTOF OBJECTSAND REASONS:
/4, elc. and prayed the Court to direct the concerned
authorities to take
neceSsary stepe of industries to congregate
in
n and the tendency of the majority
.With theincreasing industrialization has begun to be felt
in
initiative and g industrialised, the problem of air pollution
The Supreme Court allowed the petition and appreciated the petitioner for taking gave the areas which are already heavily
in those heavily industrialized
areas which are also densely
the country. The problem is more acute
followingdirections Environmental Engineering Research
Short-term studies conducted by the National
immcalatciy populated. are facing the
ne Kanpur Nagar Mahapalikawas directed to take up the following steps cities of Calcutta, Bombay, Delhi, etc.,
shift the cattle causing public nuisance at dairies to outskirts ofthe city so
as to prevent the
release of Institute, Nagpur, have confirmed that the
a) to level.
impact of air pollution on a steadily increasing industrial
wastes into the
river of various pollutants discharged through
urinals in the sSIum arcas, 2.The presence in air, beyond certain limits,
D) tO improve the sewage system and construct public lavatories and emissions and from certain human activities connected with traffic, heating,
use of domestic fuel,
into the mver animal life,
aDandon the practice of throwingcorpses and semi-burnt corpses the industrialists and polluters and
refuse incinerations, etc., has a detrimental effect on the health of the people as also on

High Court was directed not to grant stay orders liberally

to
.he vegetation and property.
avoid delay in disposal of the cases;
3. The Stale Government was directed not to issue licenses to new industries and reruse renewal of 3.In the United Nations Conference on the Human Environment held in Stockholm in June, 1972, in
which India participated,decisions were taken to take appropriate steps for the preservationof the
with the provisionsand establish
effluent treatment
plants
censes unless
4. he Central
strictly was directed
Govermment comply
they to direct all educational institutions throughout india to arange
natural resources of the earth which, among other things, include the preservation
air and control of air pollution. The Government has decided to implement these decisions of the
of the qualityof
environment.
to teach at least hour in a week on "Protection and improvementof
one said Conference, in so far as they relate to the preservation of the quality of air and control of air
is also applicable to all other Mahapalikas and
S. The Supreme Court made it clear that this decision pollution.
Mlunicipalities in the country. 4.It is felt that, there should be an integrated approach for tackling environmental problems relating to
pollution. It is, therefore, proposed that, the Central Board for the Prevention and Control of
Pollution)
of
Act, 1974 will also perform the functions of the Central Board for the Prevention and
Control Polution in the Union Territories. It is also proposed that, the State Boards constituted
under the said Act will also perform the function of State Boards in respect of prevention, contro

THE AIR(Preventionnand Control ofPollution)ACT,1981* and abatementof pollution.

air
However, in those States in which State Boards for the Prevention
and Control of Water Pollution have not been constituted under that
Act, separate State Boards for
(14 OF 1981) the Prevention and Control of Air Pollution are
proposed to be constituted.
(Sections 1 to 46)
ACT 14 OF 1981:
INTRODUCTION: The Bill received the assent of the President
of India on 29" March, 1981, and came into force on
The Air (Prevention and Control of Pollution) Act, 1981, has important constitutional implications, 16 May, 1981, vide NotificationNo. G.S.R. 35 (E), dated 15th May, 1981, and soon thereafter, became
with an international background. The Act drew its inspiration from the Proclamation anAct of Parliament under the short title and citation "The Air
adopted by the (Preventionand Control of Pollution) Act,
1981 (14 of 1981)".
 78. Author-Prof PrakashKMek. Prakash K. Mokalnt
AMENDING ACT: Author-Prof.
(Prevention and Control of Pollution) Amendment Act, 1987 (47 of 1987). Po"
au
any
AirThe 19
opening or outlet from or through
which

includes any
structure with an
Cnmney" the quanty and
to control
may be emitted; equipment or system
THE AIR (Prevention& Controlof Pollution)ACT,1981 apparatus,
device, the eificient opeiao
Cquipment"
means, any device used for sccuring
O and includes any
(14 OF 1981) Cmission of any air pollution, duct or Tuc

129TH March, 198 of any industrial plant substance coming out of any
chimney,

An Act to provide for the prevention, control ollutio

and abatement of air ponon, for means, any solid or liquid or gascous
an
CsS1On and emitting any
with view to carrying out the aforesaid purposes, of Boards, for
conierring on; e or any other outlet;
for industrial or trade purposes
establishment, a any
and Kindustrial plant" means, any plant used

assigning to such Boards, powers and functions relating thereto and

for maters
connectea pollutant into the atmosphere; State Board, as the case may be,
and inciuaes

Board or a
therewith. means, a member of the Central
enmber" control over the atialrs

WHEREAS decisions were taken in the United Nations Conference on the Hum the Chairman thercof; the person who has
in relation to any factory or premises, means
in posession
oI the

moccupier", the person

in relation to any substance,
Environment held in Stockholm in June, 1972, in which India participated, To takeppropriat ne factory or the premises, and includes,
otner tnmgs,
înclu OT the
of the earth which, among Government or, as

steps tor the preservation of the natural resources substance;

by rules made under this
Act by the Central

the preservation of the quality of air and control of air pollution; (n) "prescribed" means, prescribed
case may be, the State Government,
aforesaid, n
far 1974 (6 of
implement the decisions
so
(o) State Board" means, Control of Pollution) Act,
-

AND WHEREAS it is considered necessary to a.

Water (Prevention and
a State in which the State Pollution
the preservation of the quality of air and control of air pollution, () relation to
they relate to
in
constituted for that Sate, a
State Government has
1974) is in force and the State Board; and
the said
Republic of India as follows: Control Board under Section 4 of that Act, Control of Air Pollution
Year of the Board for the Prevention and
BE it enacted by Parliament in the Thirty-second (ii) in relation to any other State, the State
5 of this Act.
the State Government under Section
constituted by
CHAPTER-I
COMMENTS:
or expression is explained by the legislature itself,
the Act is to
PRELIMINARY" i) When, in an enactment any phrase, word Board /s. Labour Court, AIR
(Section 1 & 2) be applied with the authoritative explanation Rajasthan State Electricity
-

1966, Raj 56.

Chlorine Plant affecting several
) The Supreme Court in a case of leakage of Oleum gas from the Caustic
S.1)ThisShort title,extentandcommencement:
Act may be called the Air (Prevention and Control of Pollution)
Act, 1981. persons due to air pollution, directed the management to resume production on compliance of specific

(1) stringent conditions. It is pertinent to mention that, this was a public interest litigation and the Apex Court
(2) It extends to the whole of India.
notification in the Official held that, but for this case, there would have been no improvement in the design, structure and quality of
(3) t shall come onto force on such dates the Central Government may, by
the machinery and equipment in the caustic chlorine plant, nor would any proper and adequate safety
Gazette, appoint, devices and instruments have been installed, nor would there have been any pressure on the management
S. 2) Definitions: to observe safety standards and procedures. In token appreciationof the work done by the petitioner,the
In this Act, unless the context otherwise requires, Supreme Court directed the responde to pay Rs.10,000/- by way of costs to the petitioner M. C.
substance including noise present in the Mehta vs. Union of India AIR 1987, SC 965.
(a) *air pollutant" means,any solid, liquid or gaseous
to human beings or other living
atmosphere in such concentrations as may be or tend to be injurious
creatures or plants or property or environment;
air polutant;
CHAPTER-II
(b) "air pollution" means, the presence in the atmosphereof any (Sections 3 to 15)
for the burning of any combustible
()"approved appliance" means, any equipment of gadget used
material or for generating or consuming any fume, gas or particulate matter and approved by the State CENTRAL& STATE BOARDSFOR THE PREVENTION&CONTROLOF AIR POLLUTION
Board for the purposes of this Act; S. 3:
(d) approved fuel" means, any fuel approved by the State Board for the purposes
of this Act; CentralBoardforthe Preventionand Controlof Air Pollution- The Central Pollution Control
Board constituted under Section 3 of the Water
(e"automobile"means, any either by internal combustion engine or by any method (Prevention and Control of Pollution) Act, 1974, (6 of
vehiclepowered
of generationpower to drive such vehicle by burning fuel;
1974), shall, without prejudice to the exercise and
performance of its powers, and functions under that
Act, exercise the powers and perform the functions of the
(1) "board" means, the Central Board or a State Board; Central Pollution Control Board for the
Prevention and Control of Air Pollution under this Act.
(g) "Central Board" means, the [Central Pollution Control Board] constituted under Section 3 of the
Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); S. 4: StateBoardfor the Preventionand Controlof WaterPollutionto be State Boardsfor the
Preventionand Controlof Air Pollution - In any State in which the Water (Prevention and Control of
 Author-Prof. Prakash
K. n.

(6 0f 1974), is in force and the

80.
State Government has constucd
Board shall be
1or

deemed
that
d to
be th
Mokul
Ste, a Author-Prof.
eToy
Prakash K. Mokal
ntra
State Pollution Control Board under Section 4 of that Act,
such State Section 5 of
he f this Act, 81.
Territory and in relation
to a
Union
ACt Tor
ldt
Union
under for Union under this
onstituted
shall be constituted a Board
a State
ae
Board for the Prevention and Control of Air Pollution
to the
andexercIse
an performa vO Slate
Bourd
and perform the
functions of
any or
is
shall, without prejudice the powers
Cxercise all or
1ons
ccordingly, that State Pollution Control Board the powers and perio"
he Stale T dll Central Board may
delegate
and functions underthat Act, exercise Territory: Territory the lerritory,
powerS in relation to any Union for that Union
ACt. Act
BOard for the Prevention and Control of Air Pollution under
this cd that,the functions of aState Board under
this
owe

Powers and perform

COMMENTS: constituted under is
plsonal ini ofservices of members State Board
S.7: Termsand Conditions
rearess, of wnich

to judicial ary Member a

the date
on
ne
vintage was that, the basis of
rule of ancient entitlement
legal rights
threatened,
of the
provided by
otherwise
under this Act,or
a

for a term of three years

from
from violatio,
actual or
S7andin ve as shall hold office
DOdy, mind or reputation arising traditionally known as es the Member-Secretary, hold ofiice

such redress acting pro "u Oner than Gazette: continue to

ot the person seeking individual
his nomination is notified in the Official the expiration of his
tern,
erest
ne Supreme Court will readily respond even
to a letter
addressed by
an
bono that, a Member shall, notwithstanding

1982, S9.
rovided
office. under this Act
and nominated unaer
1. e. in publie interest -S.P. Gupta of India, AIR until his successor enter upon his constituted
PuDco term of office of a Member of a State Board
to an end as soon
as he ceases
to
nou
S.5: Constitutionof State Boardss Act, 19744 (6 of 1974 ) The or clause (e) of sub-section (2) of Section 5 shall come the company or corporation owned,
and Control of Pollution) Clause (b) or as the
case may be,
() In any State in which the Water (Water(Prevention
force but the State Governiment
nas not constiti ituted a tne office under the State
Government,
Government, by virtue
of which he was
nominated.

may at any
Act, 1974 (6 of 1974), is in force, or that Act is in such date or managed by the
State the Member-Secretary,
Government shall,
with etfect irom controlled constituted under this act, other than
of a State Board
Pollution Control Board under that Act, the
State
State
constitute a a State PollutiononuO1
Board for he (3) A Member under his hand addressed,
in the Official Gazette, appoint, time resign his office by writing
D.
notification
be speclnu Cation, t the Chairman, to the State
Board; an Chairman or such
other
under such name as may (a) in the case of and the seat of the
ECVention and Control of Air Pollution functions assignedto,
that Board under this
Act.
other case, to the Chairman of the State Board,
conferred on, and perform the members, nanicy* (b) in any
C powers shall consistofthe following Member shall thereupon,
become vacant.
other than the
Member-Secretary, shall be
A State Board constituted under this Act or practical
experience
in respect of
matters Member of a State Board constituted under this Act,
in the opinion of the State
a) a Chaiman, being a person having special knowledge (4) A without reason, sufficient
seat, if he is absent clause (C) of
the State Governnm deemed to have vacated his under
to environmental
elaing protection, to be nominated by State Goveriment may
the may think consecutive meetings of the State
Board, or where he is
nominated

b) Provided that, the Chairman maybe either whole-time or part-time,as Board, from three
to be a member of the local authority,
and such vacation of seat
sub-section (2) of Section 5, he ccases
in the
Government may, by notification
fit think 111, tO be nominated from such date as the State
the State
Government may shall, in either case, take effect
of officials, not exceeding five,
number as
Sucn Official Gazette, specity. nomination, and
by the State Government to represent that Government; be
nominated under this Act shall be filled by a fresh
casual vacancy in a State Board constituted
the State Government may think nt, tO (5) A for which the
shall hold office only for the remainder of the
of persons, not exceeding five, as term
Tuncuonng within the
such number members of the local authorities the person nominated to fill the vacancy,
state Government from amongst the member whose place he.takes, was nominated.
oy the
of a State Board constituted under this Act shall be eligible for
State: re-nomination.
the State
Government may think fit, hto
(6) Amember
of non-officials, not exceeding three, as of services of the Chairman and other members (except the member
Sucn number the interests of agriculture, fishery
or industry or (7) The other terms and conditions
the State Government to represent Act shall be such as may be prescribed.
nominated by secretary) of a State Board constituted under this
trade or ought to be represented,
controlled or managed by the State
) persons the companies or corporations owned,
to represent S. 8. Disqualifications
WO
Government, to be nominated by the Government; (1) No person shall be a member of a State Board constituted under this Act, who
-

and experience of scientific

a full-time menmber secretary having such qualification, knowledge to be appointed by the
a) is, or at any time has been, adjudged insolvent, or
as may be prescribed,
or management aspects of pollution control, b) is of unsound mind and has been so declared by a competent court, or
gneering
State Government: c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral

PTovided that, the State Government shall ensure

that not less than, two of the members are turpitude, or
in respect of matters relating to the
persons having special knowledge or practical experience d) at any time has been, convicted of an offence under this Act, or
mprovement of the quality of air or the prevention, control or abatement of air pollution. e) has directly or indirectly by himself or by any partner, any share or interest in any firm or company
with the name specified by the
Every State Board constituted under this Act, shall be a body corporate carrying on the business of manufacture, sale, or hire of machinery, industrial plant, control equipment
late
Government in the notification issued under sub-section (1), having perpetual succession and a
any Other for the improvement of the equipment or any other apparatus for the
Common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to or apparatus
of the quality of air or for the prevention,control or abatement of air pollution,or
mprovement
contract, and may by that said name, sue or be sued. 1) 1s a director or a secretary, manager or other salaried officer or employee of any company or tirm
having any contract with the Board, or with Government constituting the Board or with a local
S. 6: CentralBoardto exercisethepowerand performthe functionsofa StateBoardin the Union authority in the State, or with a company or corporation owned, controlled or nmanaged by the
Territories
 Author-P'ra, PrukashK. 1
ush K. Moka
of air or or
or
e

ol services of the
83.
Member-Secretary
Author-Prof,
of a
PrakashK.
Board constitutedMokal
State
mprovcC
to render O The terms and conditions iluted under this
lor the be prescribed.
Act, shall be such as may
of a State Board, whether constituted under this Act or not. shal
progranmes

as
of
carying
ont
pollulion,
or
his
postton
has becoe, subjo. (2) The member-secretary
OVCrhcl,
lor the
abatement
ofan
Giovemment,
gencra" p or
nowers and perform such duties as may be prescribed, or as may, from time to time, be such as may he
control or
of the
State
interests ofthe
preventio1,
opiion to the mcnne prescribed.
abiuscd,
in the
Boarnd
detrimental

remove
any
(iovernmcnl
under this secti (3)Subjicct to such rules as may be made by the State (overnment in this behalf, a State Board, whether
so
s State writing, the.
the in
continuance
on
shall, by
order
(1): the
State cUIse
aganst

same constituted under this Act or not, may appoint such officers and other employces as it considered
CGovernment sub-secton

made by showing 7, aa member who for the clficient performance of its functions under this Act.
(4)
he
State
nentioned
in
shall
be of ol
Secton

necessary
il his succes
opportunity

to any
disqualification

order ofremoval reasonable (6) until 4) The method of appointment, the conditions of services and the scales of pay of the officers (other than
that, o a
sub-scction
oflicc
given hold
Provided

concerned
has
Is
becn
sub-scction
(1)( or contimuc
to the Member-Secretary) and other employees of a State Board appointed under sub-section (3) shall be
in to
unless the
member
contained

l
be
eligible cml such as may be determined by regulations made by the State Board under this Act.
anything shall no as a nie
(3)
Notwithstanding

this
Section, re-nonmination

(5) Subject to such conditions as may be prescribed, a State Board constituted under this Act may, from
removed
under
may
be, for disqualifica

Calion
has been as the case
I
\ne
time to time, appoint any qualified person to be a consultant to the Board, and pay him such salary and
his office,
or, to any
subjcct
Cniers upon
becomes allowance or fees, as it thinks fit.
this Act,
seatsby members under

S.9: Vacationofofa State Boar

constituted

member become
Vacant.

obser
S. 15:Delegationof p0wers
If a shall and shall
erve A State Board may, by general or special order, delegate to the Chairman or the member-secretary or any
in
Section 8, his scat
three
monns,

Specified every
in be
prescribed:
other officer of the Board subject to such conditions and limitations, if any, as may be specificd in the
once
may
at least as
is
10: MeetingsofBoard
meet meetings, to
Board
shall at its 2ature
be order such of its powers and functions under this Act as it may deem necessary.
S. Act, a urgent
ofbusincss of an
the purposes of
this transaction busincss
aloresaid
purposa
to the tor any tne
ror in regard Chaiman,
thnks it

rucs O1
procedure

that, if, in
the opinion of
the
Board at
such time
as he
torwarded
to the Central Bo.
ard COMMENTS:
Provided

a meeting
ofthe sub-section (1) shall
be The delegatingauthority.by the mere act of delegation, does not completely denude itscf of its
he may
convene

meetings
under powers Ram Sevak Singh ws. State Bihar, 1979 B LJR 496.
transacted, minutes ofthe
) Copies ofthe Govemment
concemed.

the State of members

and to or partly
ane
nd

S. 11: Constitution of
committees=committees consisting wholly ofmembers
think .
CHAPTER-III
may
constitute as many
purposes
as it may
and at
Such place, and shal (Sections 16 to 18)
(A Board
or ime
other persons
and for such purposes
shall meet at such as may h
of Section at its meetingS,
partly
(2) A committee
constituted
under this
in regard to the
transaction of
busSiness
POWER AND FUNCTIONSOF BOARDS"
such rules of procedure
such fees and
observe
Board shall
be paid
prescribed.
of a commitee other than the
members of the
other work
of the Board,
as may be S. 16: Functions
(1) Subject tothe
of Central Board
(3) The members

for attending its meetings

and for attending
to any provisions
of this Act, and without prejudice to the performance of its funetions under
alowances, the Water (Prevention and Control of Pollution) Act. 1974, the main
funetions of the Central Board
prescribed. shall be to improve the quality of air and to prevent, control and abate air
personswith Boardfor particular
purposes pollution in the country.
Temporaryassociation ofitself as may be prescribed, any (2) In particularand without prejudice to generalityof the foregoing funetions. the Central Board
S.12:Board associate with in such manner, and for such purposes,
its functions under ths (a) advise the Central Govemment on any matter
may
(1) A
assistance
may
or advice it may desire to obtain in performing any
ol
the prevention,control and abatement of air
concerning the improvement of the quality
of air and
person whoSe pollution;
Act.
for any purpose shall
have a right to take (b) plan and cause to be exeeuted a nation-wide programme for the
(2) A person associated with the
Board under sub-section (1)
air pollution:
prevention,control and abatement of
relevant to that purpose, but shall not have a
right to vote at a meeting
part in the discussions of the Board (c) co-ordinate the activities of the State Board and resolve
of the Board and shall not be a member of the Board for any other purpose. disputes among them:
shall be entitled to receive such fces and (d) provide technical assistance and guidance to the State Board.
(3) A person associated with a Board under sub-section (1), research relating to problems of air
carry out and sponsor investigationand
allowances,as may be prescribed. pollution and prevention,control and abatement of air polhution:
(e) plan and organise the training of persons
engaged or to be engaged in programmes for the
S.13: Vacaneyin Boardnotto invalidateactsor proceedings prevention, control and abatement of air pollution on such termms as it may consider necessary to take
No act or proceeding of a Board or any cCmmittee thereof, shall be called in
question on the ground steps for the prevention,control and abatement of air
of the pollution
merely evistenceof any vacancy in,
committec, as the case may be.
or any defect in the constitution of the Board or such () organise through mass media, a
comprehensive programme regarding the prevention. control and
abatement of air pollution:
S. 14: Menmber-secretaryand officersand other emploveesof
StateBoards-
 Author-Pro, PrakasthK M
dnd
the
Mokal
meac
casures 85 Author- Prof, Prakash K. Mokal
poilulon or p
air
gudes
COdes

to
84. data
relating
manuais,

S. 18: Powerto givedirections

prepare functions under this Act
(1) In the performance ofits
statistical

and
and abatementl

publish
technical

control
and (a) the Central Board shall be bound by such directions in writing as the Central Government may give to
and pollution;
of air
compile prevention,

(coliect.
eflective abatement
pouon,
, and
Uevised
tor is control
and to air
uery State Board shall be bound by such directions in writing as the Central Board or the State
prevention,
of air,
relating
Central p
Boa
able the
to Central
relating for the
quality of
matters

enaore
tne
Government may give to it:
standards
in respect to
down information laboratories
Provided that, where a direction given by the State Government is inconsistent with the directione
(h) lay disseminate

be
prescribed.
or
and
functions
as may laboratory
given by the Central Board, the matter shall be referred to the Central Government for its decision,
colect other recognise a
perform
such establish or or
he Commit
ittees (2) Where the Central Government is of the op1nion that, any State Board has defaulted in complying with
) Board may Section
efticiently.

10 any
he Central functions
under this specially any directions given by the Central Board under sub-section (1). and as a result of such default, a grave
or
perform
its generally the
to
Central
Board may under
this Act
think
necessary,
1or
prope emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order.
(4) The perform any of such
functions
purpose es
delegate any of its acts,
as it may
nto
elrect
the
of direct the Central Board to the functionsof the StateBoard in relation to
rea, for
(4) other such period and for the such purpose, as may be specified in the order.
appointed by it; such of carrying
and perform for the
purpose

such
other things generally,
(3) Where the Central Board performs any of the functions of the State Board in pursuance of a direction
and
(D) do of its
functions,

under sub-section (2), theexpenses, if any, incurred by the Central Board with respect to the performance
discharge
ifa
this Act. of tS
functions,
any of such functionsmay, if the StateBoard
is
empowered to recover such expenses, be recoveredbythe
to the
performance

the
functions of a S.
State Central Board with interest (at Such reasonable rate as the Central Government may, by order, fix) from
S. 17: Functions of
StateBoards-
Act, and
without
prejudice
Act, 1974
(6 of
1974),
the date when a demand for such expenses is made until it is paid from the person or
to the
provisions ofthis of
Pollution)
and as arrears of land revenue or of public demand.
persons concerned,
air pollution
.
Control
Subject (Prevention
and abatement
of to
the Water control
and
(4) For the removal of doubts, it is hereby declared that, any direction to perform the functions of
under
Board shall be- for the
prevention, any
of.
of air State Board given under sub-section (2) in respect
a
comprehensive
programme
control
ana abatement
of any area, would not preclude the State Board from
a) plan
to
thereof;
the prevention,
performing such functions in any other areas in the State or any of its other functions in that arca.
execution concerming
secure the
matter
Government on any
to advise the State
b) to be engaged
pollutio engaged or
pollution
collect and
disseminate
information relating to air
Board in organising
the training ofpersons
and to organiSe
mass-educatin CHAPTER-IV
c)to
with the Central abatement of
air pollution (Sections 19 to 31-A)
d) to collaborate control and
programmes relatingto
prevention,
or manufacturing
process an
programme relating thereto;
reasonable times, any
control equipment,
consider necessary
industrial
to
plant
take steps for the PREVENTION AND CONTROLOFAIR POLLUTION"
at all as it may
e) inspect,
to
to such persons
to give, by order,
such directions
assess the quality of air
S.19: Power to declareair pollutioncontrolareas
air pollution;
prevention, control
and abatement of
intervals as it may
think necessary, (1) The State Government may, after consultation with the State Board,
control areas at such in such areas; Gazette, declare in such manner as may be by notification in the Official
) to inspect air pollution and abatement of
air pollution
prescribed, any area or areas within the State as air pollution
the prevention, control standards for the quali control area or areas for the purposes of this Act.
therein and take steps for
Board and having regard to the
with the Central into the atmosphere from
g) to lay down, in
consultation
for emission of air pollutants (2) The State Government may, after consultation with the State
of air laid down by the Central Board, standards into the atmosphere from any Gazette,- Board, by notification in the Official
air pollution
industrial plants and automobiles or
for the discharge of any
or an aircraft:
(a) after any air pollutioncontrol area whether by way of extension or
other source whatsoever, not being a ship under this clause for differem reduction;
standards for emission may be laid down (b) declare a new air pollution control area in which be merged one or more
Provided that, different
if air pollutants into the control area or any part or parts thereof. may existing air pollution
and composition otf emission,
industrial plants having regard to the quantity
(3) If the State Government,after consultationwith
atmospherefrom such industrial plants; the State Board, is of
or location for carrying other than an approved fuel, in opinion that, the use of any fuel
h) to advise the State Government with respect to the suitabilityof any premises any air pollution control area or
cause air part thereof, may cause or is likely to
on any industry which is likely to cause air pollution; pollution, may, by notificationin the Official Gazette,
it
i)to perfom such other funetions as may as may, from time to time, be entrusted to i
beprescribed,or area or part thereof, with effect from such date prohibit the use of such fuel in such
(being not less than three months from the date of
by the Central Board or the State Government; publicationof the notification),as may be specified in the notif+cation.
)to do such other things and to perform such other acts, as it may think necessary, for the proper (4) The State Government may, after consultation with the State Board, by notification in the Official
discharge of its functions, and generally, for the purpose of carrying into effect the purposes of ths Gazette, direct that with effect from such date, as
Act. may be specified therein, no appliance, other than an
(2) A State Board may establish or
approved appliance,shall be used in the premises situated in an air
recognise a laboratory or laboratories to enable the State Board to Provided that, different dates pollution control area:
perform its functions under this Section may be specified for different parts of an air
efficiently. for the use of different pollution control area or
appliances.
 Author-Prof, Prakash R. kash A. Moka
tna,
tne rning of any
burning

kely to cause
86.
State
Board.
is of
opinion

may
cause
or likel
material in such
a (it) the control equipment reterred to in
87
elause (i)
or clause (ii), shall be
Author-Prof,Prakash K. Moka
with
the
or part
part
thereot,

inereo of
sucn
kept at all times in good
condition; unning
consultation
arca
area burning
after control
control
the
prohibit
cnt, pollution
iv) chimney, wherever necesSary, ot such specificationsas the State Board
polution

air
air Gazette.
in any
may
Ctall(not
fuel)
being in the
Official

automobiles shall be erected or re-erected in such premises: approve in this behalf

notification

pollution, it may, by from automobiles

laid
downby (v) such other conditions as the State Board may specify in this behalf; and
emission
standards for
from
or part thereof. thee (vi) the conditions referred to in
instructions forensuring
for
of air
emission
pollutants

17 are
complicd
with,

be deen
State clauses (1). (11) and
State Board may specify in this behalf
(iv), shall be complied with within such
period as the
he
as ldy
Section
S. 20: Powerto give that the
standards
(1) of instructions Vehi Provided that, in the case of a person operating any industrial plant, in an air
With a view to ensun
uring
under
cause
9 (g) of
sub-scction

State
Board. give
such
vehicles
under the
Motor

that Act
icles
or
pollution
immediately before the date of declaration of such area as an air pollution control area, control area
the
Board with of motor
containea
in
the the period so
specifiedshall not be less than six months:
consultation
registration
Sate in of anything
Oemment
shall. in charge
authority notwithstanding

to the
concerned

authority
shall. instructions.
Provided furtherthat,-
ceessary, such
1939). and with such (a) after the installation of any control equipment accordance
1939 (4 of comply
in with the specificationsunder clause (i).
bound to
AC, be of the S.
ules made
thereunder,
the previous
consent
State or

industrial plants shall, without (b) after alteration or replacement of any control equipment in accordance with the
certain
on useofof person : directions of the State
Restrictions this Section.
no control area area immediato Board under clause (1), or
S.21: provisions in air pollution control
to the industrial plant
an
air pollution a (c) after the erection or re-erection of any chimney under clause (iv), no control
subject
Board.
establish or operate
any
operating any
industrial plant in anyControl of Pollution)
and
Amendment

continue to
Act shall be altered or replaced or, as the case may be, erected or re-crected equipmentor chimney
that, a person Air
(Prevention may do except with the previous
Provided Section 9. the of such commencement,
period of thr approval of the State Board.
commencement
of prior to so tor
a
to do
betore
the eonsent
was necessary continue
in the sa (6) If due to any technologicalimprovement or otherwise, the State Board is of
1987(47 of 1987). three
for which no
from such
may
commencement,

for such
consent
With
Said
the conditions referred to in sub-section (5) require or
opinion that, all or any of
period of
months
he has made an application requires variation (including the change of any
so tor a or if control equipment, either in whole or in part), the State Board shall, after
be accompanied by giving the person to whom
commencement,
suck
from such application.
months
till the disposal of such (1), shall consent has been granted an opportunityof being heard, vary all or
months, under
sulb-section
the particulars
of any of such conditions, and thereupon
period of three Board contain
the State shall such person shall be bound to comply with the conditions as so varied.
for consent of form, and
An application made in the prescribed
(2) be preseribed
and shall be an air pollution
(7) Where a person to whom consent has been granted by the State Board under sub-section
fees, as may as may be
preseribed:
of any area as (4), transfers
such other particulars declaration his interest in the industry to any other person, such consent shall be deemed to have
industrial plant and before the application under thie been granted to such
the immediately shall make
the
other person and he shall be bound to comply with all the conditions
where any person,
Provided that,
industrial plant,
such person
of such declaration). ae subject to which it was granted, as if
in such area any from the date the consent was granted to him originally.
control area. operates three months deemed to be operatino
not less than be
sub-section within
such period (being he shall
makes such application, for has been refused S. 22: Personscarrvingon industry,etc.,not to allow emissionof air
standardslaid down by StateBoard- No person operating any industrialpollutants
preseribed, and where such person until the consent applied in excess of the
be Board tor consen
may with the consent
of the State
of the application plant, in any air pollution
such industrial plant as it may
deem fit in respect as may be control area shall discharge or cause or permit to be discharged the emission of
Board may make
such inquiry shall followW
such proceaure
any air pollution in excess
(3) The State in making any such inquiry, of the standards laid down by the State Board under clause (g) of sub-section
referred to in
sub-section (1), and (1) of Section 17.
referred to in sub.
preseribed. receipt of the application
for consent
22 A: Power of board to make applicationto court for restrainingpersons from
(4) Within a period
of four months after the
reasons to be
recorded in the order, grant the
pollutionE causing air
order in writing, and for in the
section (1), the State Board shall, by for such period, as may
be specified Where it is
if the conditions and (1) apprehended by a Board that, emission of any air polution, in excess of the standards laid
consent for subject to such expiry,
applied down by the State Board under clause (g) of sub-section (1) of Section 17, is
of the likely to occur by reason of
order, or refuse such consent. such consent before the expiry any person operating an industrial plant or otherwise in any pollution control area, the Board
Provided that, it shall be open to
the State Board to cancel may make
if the conditions subject to which an application to a court, not inferior to that of a
consent after such expiry Metropolitan Magistrate or a Judicial Magistrate of the
period for which it is granted or refuse further First Class, for restrainingsuch person from emitting such air pollution.
fulfilled:
such consent granted, are not
has been
further consent under the first (2) On receipt of the application under sub-section (1), the court may make such order as it deems fit.
or refusing a
Provided further that. before cancelling a consent
to the person concerned. (3) Where under sub-section (2), the court makes an order restraining any person from discharging or
proviso, a reasonable opportunityof being heard shall be given
sub-section (4), shall causing or permitting to be discharged the emission of any air pollutant, it may, in that order,
(5) Every person to whom consent has
been granted by the State Board under
comply with the following conditions namely,
in this behalf, shall be
(a) direct such person to desist from taking such action as is likely to cause emission:
(i) the control equipment of such specification as the State Board may approve (b) authorise the Board, if the direction under clause (a) is not complied with. by the person to whom
installed and operated in the premises where the industry is carried on or proposed to be carried on, such direction is issued, to implementthe direction in such manner as may be specified by the court.
(4) All expenses incurred by the Board in implementing the directions of the court under clause (b) of
(i) the existing control equipment, if any, shall be altered or réplaced in accordance with the
directions of

the State Board; sub-section (3), shall be recoverable from the person concerned. as arrears of land revenue, or of publie
demand.
 K Mot
Author-Prof

certain
Prakash
cases-
lokal
ds laid
standa

M of the

Boardand
other
2gencies
amospnere
in
excess

other
unforese.
en
89. Author-Prof,
S. 26: Power to take sampleso1 air or emission and procedureto be Prakash K. Mokal
State he mto accident
or
followedd inin con
connection
to OcCur therewithE
apprehende
to
information
air
polliion due
or is
A State Board or any officer empowered by it in this behalf, shall have power to
occur

ofany
occurs
to
of emission
emission

take, for the r

apprehended
uShing such prescribed.

the

(1) Wheren
n any
area

occurs
or
is
from
Where

as may
be occurrence of tho of analysis, samples of air or emission irom any chimney, flue or duct or any other outlet pose
in such mann
State
Board
premises
or
agencies,
of any th
the as may be prescribed. anner
of the
otherwise.
the
State
autihorities apprehension

Own by charge tne or

the person
in

the fact ofsuch to

the
lact
or

under
that
sub-section

edial measures
remedia to 2 The result of any analysis oI a sample or emission taken under sub-section (1), shall not
Cven, intimate
respect mtimation
such be admissible
forthwith, with cause

in evidence in any legal proceeding uniess the provisions of

Shall of
informmation
through
as
practicable,

sub-sections(3) and (4) are complied with

the ro
whether

(2) On receipt (1), as carly to (3) Subject to the provisions Sub-section (4), when a sample of emission is taken for
or
analysis under
sub-seetion shall, pollutions.
air respect
in agencies such with thoa sub-section (1), the person taking the sample shall
to of as
or agency
referred or
rate,
State
emission
authoritics

the
and the
authority reasonable

Board mitigate B0ard,

such
it i (a) serve on the occupier or his agent, a notice, then and there. in such form
to State
(at made until as
as are
necessary

incurred by
the
with
interest

expenscs
is pa
or his intention to have it so analysed;
may be
prescribed,of
10gether
for the
aken

(3)
Expenscs,
referred
if any,
to in
sub-section

irom
()
tne
date
when a
demand

from the person

concerned,
as
arrcars
land (b) in the presence of the occupieror his agent, collect a sample of emission for analysis;
I1x)
order. or agency
(c) cause the sample to be placed in a container or containers which shall be marked and
measures

Government
may, by Board,
uhority
sealed, and shall
by
that
also be signed, both, by the person taking the sample, and the occupier or his
be
recovered
agent;
may
in this bchalr d) send, without delay, the container or containers to the laboratory established or
demand.

revenue,
or ofpublic
by a State
Board
shal Board under Section 17 or, if a request in that behalf is made by the ocupier or his
recognised by the State
inspection empowered
any place agent when the
and neccssary,
Power ofentrv
person
any considers
notice is served him under clause to
5.24: to the
provisions
ol this
Section,

with such
assistance
as he
entrusted to him;
on (a), the
laboratoryestablished or specified under sub-section(l) of
times
State Board Section 28.
(1) Subject all
reasonable
of the functi0ns are to
be
enter,at of the
functions such
havea nghtto performing any
so, in
what manner, any
any notice,
ord. (4) When a sample of emission is taken
for analysiS under sub-section
(1) and the person taking the
for the purpose
of whether, and if
rules made
thereunder
or
der, sample serves on the occupieror his agent, a notice under clause
(a) of determining
this Act or the
is being or has beeen (a) of sub-section (3), then,
provisions of
the purpose Act
(b) for granted under
this (a) in a case where the occupier or his agent wilfully absents himself, the person
performed
or
whether any
served, made, given
or taking the
collect the sample of emission for analysis to be placed in a container or containers which sample
shall
direction or
authorisation

plant, record, registoter, shall be marked

industrial
and scaled, and shall also be signed by the person taking the
complied with; control cquipment, has reaso.
in which he son
sample, and
and testing any place (b) in a case where the occupier or his agent is present at the time
of examining a scarch of any or is or i of taking the sample but refuses to sign
(e) for the
purpose
material object or for conduct1ng has been or is being the marked and sealed container or containers of the sample of emissions as
document any other
or
under this Act or
the rules made industrial
thereunder

plant, record, register sub-section (3), the marked and sealed container or containers shall be signed required under clause (c) of
an offence
to believe that
for seizing any such control
equipment,
furnish evidence of th
he sample, and
by the person taking the
committed and believe that, it may
about to be if he has
reasons to

document or other
material object the rules made
thereunder.
(c) the container or containers shall be sent without delay by the person taking the sample for analysis to
under this Act or control area
offence punishable industrial plant, in
an air pollution the laboratory established or specified under sub-section ()) of Section 28, and such person shall inform
commission
ofan control equipment
or any under sub-section (1
the State Board the Government analyst appointed under sub-section (1) of Section
(2) Every person operat1ng assistance to the person empowered by
any 29, in writing, about the wilful
render all fails to do so
without any reasonable cause absence of the occupier or his agent, or as the case may be, his refusal to
shall be bound to he sign the container or containers.
out the functions under that
sub-section, and if
for carrying
or excuse, he shall
be guilty of an offence
under this Act.
Board under sub-section S.27: Reportsof theresultof analvsisof samplestaken underSection26-
obstructs any person empowered
by the State (1) Where a sample of emission has been sent for analysis to the
(8) If any person wilfully delays or
offence under this Act.
the State Board, the Board analyst
laboratory established or recognised by
duties, he shall be guilty ofan appointed under sub-section (2) of Section 29, shall analyse
() in the discharge ofhis 1973 (6 of 1974), or, in
relation to the State of
and submit a report in the prescribed form of such
the sample
of Criminal Procedure,
(4) The provisions of the Code the of any corresponding analysis in triplicate to the State Board.
Jammu and Kashmir, or any area in
which that Code is not in force, provisions (2) On receipt of the report under sub-section (1), one copy
far as may be, apply to any search or seizure under this Section, to the occupier or his agent referred to in Section
of the report shall be sent by the State Board
1aw in force in that State or area, shall, so 26, another copy shall be
the authority of a warrant issued
under Section 94 of
before the court, in case any legal proceedings are taken preserved for production
to any search or seizure made under
as they apply of the said law. against him, and the other copy shall be kept by
the said Code or, as the case may be, under the correspondingprovisions
the State Board.
(3) Where a sample has been sent for the analysis under clause
(d) of sub-section (3) or sub-section(4) of
S. 25: Powerto obtaininformation-
For the purposes of carying out the functions entrusted to it, the State Board or any officer empowered by
Section 26 to any laboratory mentioned therein, the Government
analyst referred to in sub-section (4)
shall analyse the sample and submit a
it in that behalf, may call for any information (including information regard1ng the types of air pollutants report in the prescribed form of the result of the analysis in
emitted into the atmosphere and the level of the emission of such air pollutants) from the occupier or any triplicate to the State Board which shall comply with the provisionsof sub-section(2).
(5) Any cost incurred in getting any sample analysed at the request of the
other person carrying on any industry or operating any control equipment or for
industrial plant and the occupier or his agent as
purpose of verifying the corectness of such information, the State Board or such officer shall have the
provided in clause (d) of sub-section (3) of Section 26, or when he wilfully absents himself or refuses to

rights to inspect the premises where such industry, control equipment or industrial plant is being caried
sign the marked and sealed container or containers of sample of emissions under sub-section (4) of that
Section, shall be payable by such occupier or his
on or operated. agent and in case of default. the same shall be
recoverable from him as arrears of land of
revenue or publie demand.
 Moku
Author-Prul Prakash

91. Author-Pret.PrakashK. Mokal

90.

Oflicial
Gazeltc,

lo
cany
out th
out the uncti CHAPTER-y
in the Laboratorics

S. 28: State Air

Laboratory
may, by
notification

State
Air prescribing FUND, ACCOUNTS AND AUDIT"
The State
Government LaboratorieS, as
rules

(Sections 32 to 36)
State Air
make
(1) more
nstitutes

or or
Not includedinthesylabus
Board,
for an
nalysis o
one
establish laboratories

(2) the
State emission

under tnis
more
one or with or
(0) specify Laboratory air

State Air
consultation of such report;
to the sanples of
entrusted
(2) TheState
Governient

State
ay,
Air
afier
Laboratory
said
Laboratory
of
payable
in
respect
Laboraoly
to can
out CHAPTER -VI
(2) the functions of the
submissi
to the
andthe
fees enable
that
(Sections 37 to 46)
procedure
for the thereon,

expedient
to

(b)the
tests, the form ofthe
Laboratory

matters
as may
be
necessary
or
persons as it
PENALTIES AND PROCEDURE"
other such

Such appoint
of anal alysis o
functions.
s.37: Failureto complywiththe provisionsof Section2 or Section22 or with the directionsissued
Gazete,
the purpose
Oflicial for sub..
in the
under

S. 29: Analysts= nolitication Government

analysis
or
specilied

ection underSection31 A
ay, by to be
established

with the proviSions of Section 21 or Section 22 or directions issued under

(1) Whoever fails to comply
Government
State
(1) The
qualitications,

laboratory
in the Offi such failure, be punished with imprisonment for a term which shall
to any
Section 31 A, shall, in respect of each
notification

prescribed analysis
sent for by It, and ha. 6 and with and in
fine,
air or
emiSSIon
Board may,
it nnkS not be less than 1 year and
6 months but which may extend to years case the failure
Samples of 14, the
State
as or a with an additional fine which may extend to Rs. 5000/- for every day during which such failure
28. Section such persons samples of
() of Section to the
provisions
of appoint
of
analysis continues,
failure.
continues after the conviction for the first such
Government.

prejudice the State

(2) Without of for the
purpose
Secton
l7.

Gazette, and with the appro

to be Board analysts
or
recognised
under
(2)If the failure referred to in sub-section (1) continues beyond a period of one year after the date of
the prescribed qualificati
established
with imprisonment for term which shall not be less than 2
conviction, the offender shall be punishable
laboratory
a
to any
sent for analysis
ldy De,
a Sto extend to 7 years and with fine.
Cssion

analyst
or, as
nc

Act,
State years but which may
Government under tnis
S. 30: Reportsofanalvsts
to be a report
signed by the therein in any
proceeding
S. 38: Penaltiesfor certainacts
purporting stated facts
Any
document

be used as
evidence of the Whoever
50ard analyst may Wilhin 30 days fro (a) destroys, pulls down, removes, injures or defaces any pillar, post ór stake fixed in the ground or any
Act may, m
Board under this notice or other matter put up, inscribed or placed, by or under the authority of the Board, or
S. 31: Appeals= the State autnorty (hereinafto
order made by an appeal
to such
aggrieved by an to him, prefer thar : Frovided (b) obstructs any person acting under the orders or directions of the Board from exercising his powers
(Anyperson
constitute

think fit to
communicated

which the order

is
the date on State Government may
or 50 days if Sueh and performing his functions under this Act, or
as the Appellate
Authority)as the of the said period
after the expiry the appeal n time. (c) damages any work or property belonging to the Board, or
reteredto entertain the appeal from filing
Authority may sufficient cause (d) fails to furnish to the Board or any officer or other employee of the Board, any information required
the Appellate
the appellant was
prevented by as the dtare
uovermment mav
1s satisfied that or three persons
authority
Authorityshall consist of a single person by the Board or such officer or other employeefor the purpose of this Act, or
(2) The Appellate fees payable (e) fails to intimate the occurrence of the enmission of air pollutants into the atmosphere in excess of the
think fit, to be appointed by
the State Government. sub-sectron (I), the
be prefered under standards laid down by the State Board or the apprehension of such occurrence, to the State Board
manner in which an appeal may shall be such as may be
The form and the
(3) to be followed by
the Appellate Authority, and other prescribed authorities or agencies as required under sub-section (1) of Section 23, or
for such appeal and the procedure
after giving the (1) in giving any information which he is required to give under this Act, makes a statement which is
prescribed. Authority shall,
under sub-section (1), the Appellate false in any material particular,
(4) On receipt ofan appeal preferred of the appeal as expeditiously as
of heard, dispose
appellant and the State Board an opportunity being shall be punishable with imprisonment for a term which may extend to 3 months or with fine
possible. which may extend to Rs. 10,000/- or with both.

S. 31 A: Powerto give directions- to the provisionsof this Act and to any

S.39:Penaltyfor contraventionof certainprovisionsofthe Act=
Notwithstandinganything contained in any other law, but subject
directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers
Whoever contravenes any of the provisions of this Act or any order or direction issued thereunder, for
which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a
and perfomanceof is functions under this Act, issue any directions in writing to any person, oficer
authority, and such person, officeror authority shall be bound to comply with such directions.
or
term which may extend to 3 months or with fine which may extend to Rs. 10,000/- or with both, and in
the case of continuing contravention, with an additional fine which may extend to Rs. S000/- for every
Explanation For the avoidance of doubts, it is hereby declared that, the power to issue directions under
-

this Section include the day during which such contravention continues after conviction for the first such contravention.
powerto direct-
(a) the closure, prohibitionor regulation of any
industry, operation or process; or S. 40: Offencesby companies
(b) the stoppage or regulation of
supply of electricity,water or any other service.
 Author-Pro, PrakastKMan

93. Author-Prof,Prakash K.Mokal

92.
(1) Where an offence under this Act has been commitlcd by d was nolsible 0fence and shal and returns- under this ACt, TurniSh
to the central Govermment

of, and respo b S. 45: Reports shall, in relation

to its Iunctions
State Government and tot
the offence was committed, was directly in charge The Central
Board this Act, furnish to the e
to its functions under
dcemed D liable in relation to as that Government
shall be State Board shall, other information or,
Conduct of the business of the company.
person
and as
any such his KOWledge such reports,
returns, statistics, accounts
render
Board time, require.
proceeded against and punished accordingly: without
sub-section
snan ed Central
be, the
Central
B0ard may,
irom time to
undcr this
Provided that, nothing contained this Act has bees
the case may
that the offence
oflence.

provided in this Act, if he proves conse jurisdiction in respect of any matter which on

punishment the comnmis here an offen dith

with the consen S. 46: Bar of to entertain any suit or proceeding
that he exercised all due diligence prevent sub-section (). wner been comn
to mitted shall have jurisdiction or under
this Act to determine. and 0
or No civil court this Act is empowered by
contained in has
d be
othe manager,
SCCretary

Apnellate Authority
constituted under of any action taken or to he
toton
en n
(2) Notwithstanding anything
proved
that the
offènce

any also
be
to director, deemed

guilty be granted by any

court or other authority
in respect
of, shall
a company and it is shall injunction Act.
committed by the part or under this
neglect
on
other oflicer conferTed by
Connivance of, or is attributable to any secretary
or

punished
accordingly.

pursuance of any power

nager,
officer of the company. such director against
and

a of
individuals; and
be proceeded
and shall be liable
to association

that oftence other

OT of this Sectron, fim or

Explanation - For the purpose

Corporate.
and
includes a

in the fi
Judicial approach"
(a) "company" means anybody means a
partner
the Hea
ead of
relation to a iirm,
(b) *director", in
Government,

of Judicial Activism
DepartmentS=
by any
Department

be liable to be
procecded

gains
ap

Environmental Pollutionin India:

committed

Government shall
S. 41: Offencesby has been and
and
The IndianJudiciary
offence
under
this Act of the has been play1ng active role in various
(1) an
offence
to be
guilty Department
liable that the Judiciary (Higher Judiciary)
Indian
Te shall be
deemed
such
Head of the thar It seems nowadays
The other two organs ot the State, namely,
the Legislature and
Department render knowledge
or at he environmental matters.
his
matters including
ne Section
this
seems to be necessary.
without
in
and punished accordingly: contained committed

dormant, the active role of the Judiciary

that, nothing was
Executive having been Courts in different cases
the Supreme Court, High Courts and other
offence
Provided
that the
offènce.
has bo
been The judgements delivered by
thIS Act
ifhe proves commission
of such offence
under
desirable.
set trends which are highly
punishment the an commi
to any prevent
to
(1),
where
has been ited environmental protection have
diligence
all due in
sub-section
that the
offènce
relating to traced from much earlier date than
exercised
ofh role of the Indian Judiciary can be
and it is proved any officer,
contained

anything the part ot, The history of co-operative

on
The judgement of the Supreme Court in this case.
Govermment,

of offence and Case (AIR 1978, S.C.579).

Norwithstanding
neglect
of that that of Maneka Gandhi's
a
Department to any
by a is
attributable

to be guilty to life embodied in Article 21 of the

committed
of, or
also be
deemed
of the "right
revolutionized the ambit and scope expression
connivance
or ofiicer shall
with the
consent
such
it as "right to live in healthy environment". This right, thus.
the Head of the
Department,
and punished
accordingly.
Constitution. The Supreme Court interpreted
than against of lite and its attainment and fulfilment guaranteed under Article 21
shall be liable to be proceeded now connotes that, the enjoyment
officer of tha without which life cannot be enjoyed.
- any embraces the protectionand preservation of nature's gift
taken in goodfaith shall
Government
or
the
Protection of action lie against anything which i in delivering its judgement in another case known as.
S.42: procceding
legal the Board in respect of
The Supreme Court emphasised this fact
employee of
other
or
S.C.1622). The Supreme Court Bench consisting of
Ratlam Municipalitys. Vardhichand, (AIR 1980,
prosecution other thereunder.
No suit, officer or
rules made
member or any Act or the
of this Reddi held that, the neglect of sanitation of town of
GOvernment or any faith in pursuance
Justice V. R. Krishna Iyer and Justice O. Chinnappa
intended to be done in good
done or
Ratlam Municipal Council as health hazard. The Supreme Court observed that. "even as
Ratlam by
complaint
made by have been neglected by the State, regardless the
S. 43: Cognizanceof ofences under this Act except
on a human rights under Part II of the Constitution of India
offence
take cognisance ofany provision".
() No court shall this behalf by it;
or
of the alleged
(a) a Board or any
officer authorised in
than 60 days, in the
manner prescribed, In the case of Rural Iegation and EntitlementKendra vs. State of Uitar Pradesh. AIR 1985
notice of not less aforesaid,
(b) any person who
has given or officer
authorised as s.C. 652), the Supreme Court has also emphasised the importance of Article 21 and Article 48A of the
to the Board
to make a complaint of the First Class shall
offence and of his intention
and no court inferior to that
ofa Metropolitan Magistrate or a Judicial Magistrate Constitution of
India. In this case, the Supreme Court converted a letter into a Writ
and
it
Petition in which
try any offence punishable
under this Act. on demand by
was alleged that the mining operation in Mussorie Delhradun belt were illegal they affected ecology
made under clause (b) ofsub-section
(1), the Board shall, of mass area and caused environmental disorder. The Bench consisting the then Chief of P.
Justice N.
(2) Where a complaint has been
Such person, make available the
relevant reports in its possession
to that person:
same is, in its
Bhagwati, Justice A. N. Sen and Justice Ranganath Mishra ordered closing down of mining in
operations
such report available to such person il the the said belt on the ground that the operations of the lime-stone quarries in the said area were causing
Provided that, the Board may refuse to make any
ecological imbalance and ereating environmental hazard detrimental to public health. In one more notable
opinion, against the public interest.
servants
case, known as, M. C. Mehta vs. Shriram Food and Fertilizer Industries and Union ofIndia,otherwise
S.44: Members,officersand emploveesof Boardto bepublic
a Board when to act n
known as, "Oleum Gas Leak Case" (AlR 1987, Supreme Court 1965). the petitioner had filed a Writ
All the members and all officers and other employees of acting or purporting Petition against Oleum gas leakage praying for closing down one of the units of Shriram and
pursuance of any of the provisions of this Act, or the rules made thereunder, shall be deemed to be public allowed the
Food
servants within the meaning of Section21 ofthe Indian Penal Code (45 of 1860).
Fertilizers Industries owned by the Delhi Cloth Mils Ltd. Though the Court to rstart
plant
 K M.
Author-Pro,
Prakash

this case was that, the

kal
94. feature of the
judgenmene naustiy
n is
which cou
which 95. Author-Prof.Prakash K. Mokal
notable
dangerous

cause ) Whether industries dealing m the manufacture of hazardous product be allowed to

to flunct
stringent
conditions.
The
hazardous
or
inherently
environn t thickly populated area? If so, with what safeguards or measures function
to be taken to reduce the in the
however,
it mposcd
engaged in any
the community o live
:
in a
healthy

workmen and the people living in the ncarby vicinity? harard to its
to
se owcd duty
Court hel
threat to
ki
public health,
an
absolute

in this
case,
case,
held
hel
the right
that
Article
AricC
21 of the Co Indrg 2) Whether the hazards caustic plant should be directed to be shifted and relocated at a safer placcr tf .
a in so,
pose P. N. Bhagwati.
Chief Justice guarantced guarantecd
and to prote withinwhat time frame?,
The to life of people
anyone. therefore. right the
a tundamental
right, and
healthy
life. fundamental
rights decisions,
the Sun» What are the norms to delermine iability ol enterprise deal1ng in the manufacture of huzarardous
but to live such
what is the quantum of damage?
implies right
not only to live,
consistently
tried to
upheld
in the and
series
of
Kumar
s.
Siate Bihar (A
of Bi product and
Ourt has
pollution Subhash filed a petitio on
N. D. 0foy
as
Arguments:
environmental

known Litigation,

in the context
of the case knoilie
the case Interest Li
Interest nt, Justice
same even
d the
same in
of
Public
of judgement After conflictingopinions put forward betore the SupremeCourt, in regard to the question
whether he
Court, once again, emphasised by way to any real hazard to the
caustic chlorine plant should be allowed be restarted without workmenand
course

The
petitioner.
In the
Court 424). and air. and it inc.. public at large, the Supreme Court, apponted an independent team of experts to assist it in this task
the
1991, Supreme frec
water
of
India

of pollution
Constitution

of law
CISurng
cnjoyment
Article 21 of the
life in
derogation
Accordingly,the Supreme Court by its order dated 18" December, 1985 constituted a mittee
observed as follows
right
under
impairs
quality of removing
the pollutioon of of experts consisting of Dr. Nilay Choudhary as a Chairman, and Dr.Aghoranmurthy and Mr. R.K. CGar
India for
fundamental
or as
to life is a dangerous of members (i.e. "Nilay Choudhary Committee"). The "Agarwal Commitee" was also appointed bv the
gnt If anything Constitution

of hife. 32 of the
the
"
Cnjoyment

to have
recourse
to
Article

for the quality

of life". Petitioner to inspect the caustic plant and submit report to the Court.
Cn has right
be
detrimental
Union of Ina
These Committees "Nilay Chondhary Commitee &"Agurwal Committee" made certain
waier or air which may
Fertilizer
Industries
vs.
India, recommendations in their
reportand
submittedto theCourt, and
held that, there
out the
pointed danger to the persons livin
Foods and in the vicinity of the plant, was considerable neglhgence on the part of the
Shriram
&
Case Law: and vs.
Union of India,
Litigatin
management Shriram industry in the maintenance and operation of their plant. Obviously, the caustic
M.C.Mehta Public
Interest
on chlorine plant cannot be allowed to be restarted, unless, these recommendations are strictly complied with
S.C. 965 )- of India
-

(A.I.R. 1987, Constitution hazard to workmen by the management of Shriram industry.

Constitution of India: 21 and
Article 32 of for reducing and
relates to
Article to be taken
of liquid or pa
as It was argued on behalf of the management of the Shriram industry that it had
This case
product
accident
Measures
causcd by leaking complied with all
Manufacture of hazardous Damages in case of
and sale
neighbourhood
-

Sectione.
therecommendations made the
in Expert Committees,thus, the
reports submittedby the
or hazard to the workers and people in the vicinity had been considerably minimised and it is
possibilityof risk
in Act, 1974 ns: almost nil.
community living Court of Pollution)
down by the
Supreme and Control and therefore, Shriram industry be allowed to reopen its caustic chlorine plant.
Conditions laid Water (Prevention -Sections 2 (b)
and 24
relates to the Act, 1984 a
This case also Control of Pollution)
laid down in the I It was also argued on behalf of the Unions of workmen that, the sad plant be allowed
to be
and of "Strict Liability"
the Air (Prevention earlier concept restarted, and that the pemanent closure of the said plant would result in unemployment for more than
(e) and 24; a new meaning
to the
This case has given 4,000 workmen.
The petitioner, Mr. M.C. Mehta, on the other hand vchemently argued that, the Court should
fTorts. not
was running an allow the caustic chlorine plant to be restarted as there was every risk
its registered
office at Delhi, of danger to the community at large.
Facts ofthe case: Limited Company having This enterprise had several In this regard, the petitioner stated that, the chlorine gas is such a
dangerous gas, that even utmost care is
Ltd, a Public Industries".
Delhi Cloth Mill
Fertilizers
"Shriram Foods and sulphuric acid, stabl taken, the possibility of accidental leakage could not be ruled out.
the name of hydrochloric acid,
enterprisecalled by caustic soda, chlorine,
with the
manufacture of
units dealing
bleaching powder, etc. of this enterprise
on 4" December Decision/Judgement
After
took place from one of the units consideringall the issues and hearing all the parties in the matter, the Supreme Court came
of oleum gas in the nearby vicinity. An
A major leakage the workers and public to the conclusion that, it would be in the interest of all concerned that Shriram industry be allowed to
number of persons including of inhalation of the oleum gas.
1985 affecting large Delhi also died on
account restart the caustic chlorine plant subject to the fulfilment of certain conditions. If
Tis Hazari Court at Petition in the any of these conditions
advocate practisingin the activist, filed a Writ is not observed or fulfilled, the permissionto restart the plant would be liable to be withdrawn.
an advocate and a leading consumer
Mr. M.C. Mehta, who
was
the unit from where the gas
the closure of The Supreme Court held that,
Public Interest Litigation seeking
Supreme Court by way of
leaked. Administration was an Order dated 6'
Pendingconsideration
shifted and relocated at
of the issue
other
whether the caustic chlorine
caustic chlorine plant should be allowed
plant should be directed to be
taken by the Delhi place,
some the to be restarted by
The immediate step after the gas leak, Foods and Fertilizers
Delhi directing "Shriram the managementsubjectto certain conditionsto be fulfilledby the Shriram industry".
December, 1985, passed by the District Magistrate,
of hazardous and lethal chemicals and gases. The These conditions are as follows-
Industries" to stop the manufacture and processing
claims before the Chief
persons who were affected the gas leak were also allowed to file compensation
by i) An Expert
of
Committee appointed
in
in this behalf by the Supreme Court shall inspeet the caustic chlorine
Metropolitan Magistrateat Delhi. plant Shriram industry a fortnight and examine whether the recommendations made by the
"Manmohan Singh Committee" and "Nilay Choudhary Committee" are implemented by the
Issues: management of Shriram industry;
 Author and
liable for caen Saleg,
for

respons1ble

96.
be
personally

Shriram
ndustry
Delhi Cloth Mill Lid, a Public Limited
97. Author-Prof. rakash K.
Company having its Mokal
would

plant wOu
of and
Nilay enterprise called by shriram Foods and Fertilizers registered office at Delhi,
plant
chlorne plant ommillee

an the namec of
of the caustic chlorine

Smgh
C
wheth Delhi. was
was
operator
herthe units dealing with the manufacture of caustic Industries".This
hac running
One and
11) the
caustic

theren;
"Manmmohan

industry soda, enterprise

ise had several
bleaching powder, etc. The orignal writ petition filed chlorine,
inspect
device or measure
WOuld
reommendations
tories
made by
the
of
Shriram
hydrochloric acid, sulphuric acid. stak
by Shri M.C.
Litigation, sought to close and relocate Shriram'sMehta,
management functioning:

week lor a Public 1nterest

week and examine tne with by
the
arc
propcrly

prope
at least on Ce
a

neco
.
an
environmentalistlaw as
Caustic Chlorine and
the
plants located in a thickly populated section of Delhi.
conmplicd

the plant Sulphuri

Cment

ire beng

Sulphurie acid
wln

Chomdharr Comnittee installed by the

management

would
visit connplhCs SAn One month after
or
nstruments

by the
Cental
Boand
from
the plant filing of this petition, a major leakage of Oleum
Man. nits of this enterprise on 4" gas took place from one
CICes
deputed discharged niiTnan,

December, 1985
and public in the nearby vicinity. An advocate affecting large number ot persons including the
iv) The Senior Inspo ctlhuen the C of the
the lom
whether
ng will be pCrsOall,
purpose of ascettaming undertak
practis1ng in the Tis Hazari
Court workers
ould
obain an
cileet
all
e dic lo esc account of inhalation of the oleum gas. at Delhi also died
standards: mdustry
n
Ld lo the or pctOpic on

of
Shruam
Cloth
Mils workcn
Mr. M.C. Mehta, who was an advocate and a
Supreme Court by way of Public Interest Litigation lead1ng consumer
1) The Managemet Delhi to
ent Oflicers of the causced
activist filed a Writ
secking the closure of the unit from Petition in the
other death or njury n and
etor
and such
of conm
Oniypens.iti0n
lor any Congress
Union

chlo.
three leaked. where the oas
ovime
Lok.ah1t
iable tor payent
calStic
of nc
epresentatnes

arangenmcnls The immediate step after the gas leak, taken

chlormegas of thro
Thrce
the safety by the Delhi Administrationwas
vi) There
shall be a
Commmttce

Union to look alier

at he gale of December, 1985, passed by the District Magistrate, Delhi directing "Shriram
an Order
dated 6
Ekta also,

cs of
karmehari
chlormne plant,
as
human bDod, Industries" to stop the manufacture and processing of hazardous Foods and
Fertilizers
presentatin
gas
on the
and lethal chemicals
persons who were affected by the gas leak were also allowed to and gases. The
caustie

of the chlorme

plant. in each
departnent
the cffccts of the 1ake l they. file
compensationclaims before the Chief
ii) There
shall be placed
and lindi
stating treatnient hey
snoua
MetropolitanMagistrate at Delhi.
in English immediate

a
detailed chart
the people as
to what Aggrieved by the two prohibitory orders, Shriram
premises, workmen Programmeses in
permission to reopen the Caustic Chlorine Plant. industry filed a writ petition and
sought interim
audio-V1stkai

the
ntoming traincd by
nd the chlorne gas: should be properly and precautions to
o be
the leakage of On behalf of those aftfected
affected by chlorine plant which he is
working by Oleum gas leak, the Delhi Legal Aid and
in the
applicationsfor compensation in the original petition by M.C.Advice Board and Delhi
worker
caustic
in Bar Association filed
plant and
equipment
V) Every
functioning of specific timeiy Warning to the Issues: Mehta.
regard to the for giving
of chlorine gas, etc factory premises 1) Whether industries dealing in the manufacture of
taken in case of leakage all around the
hazardous
ix) Loud
speakers shall
be installed
in case of leakage of
chlorine gas
ensuring
that
worKers working inthe th.
thickly populated area? If so, with what safeguards or measures product be allowed to function
to be taken to
in the

residing in the vicinity with a view to in the hazardo us workmen and the people living in the reduce the hazard to its
people
shall maintain proper
vigilance
belts while
working nearby vicinity?
) The management or safety be carried out by th. 2) Whether the hazards caustie plant should be
wear
helmets. gas-masks
of the
workers shall directed to be shifted and relocated at a
Caustic
chlorine plant medical check-up within what time frame? safer place? If so,
and regular
of the plant, health:
3) What are the norms to determine the
departments are in good ot Rs. 20 lakhs
order to ensure
that the workers
the Supreme
Court a sum liability of enterprise dealing in the manufacture of
management in
Shriram industry
will deposit in
or on behalf
of the victims of th product and what is the quantum of damage? hazardous
AI) Ihe management of the compensation
claims made by
of the Shrira
for payment of the management
and by way of securty
of Rs. 15 lacs shall
also be furnished by
of the management
to do so, the Guidelinesgivenby theSupremeCourt:
oleum gas. The bank guarantee and on failure 1) The Supreme Court assumed
of two weeks of this judgement, chlorine plant, shall stand legislative and executive functions to adduce evidence and
industry wthin a period Court) to restart
the caustic relief. to
provide
this Court (i.e. the Supreme
by
permission granted 2) Article 32 of the Constitution is used to seek
withdrawn. to the victims of oleum gas industry compensation trom a
private company. v: Shriram
awarded the payment of compensation
The Supreme Courthad also 3) The Supreme Court imposed stringent standards before
TheCourtlaid downthe ruleas follows
in a hazardous or inherently dangerous activity
and harm results to Caustic Chlorine Unit. permitting Shriram industry to operate its
where an enterprise is engaged dangcrous activity 4) The
in the operation of such
hazardous and iherently Supreme Court introduced a new "no fault" liability standard (absolute liability strict liability
anyone on account
of an accident and absolutely liable to compensate without any exceptions which were
toxic gas, the enterpriseis strictly recognized in
resulting, for in
example, escape of
uinder the rule in hazardous activities Raylands v s. Fleteher Case) for industries engaged
is not subject to any cxCeptions
all those who are affected by the accident and such liability
The SupremeCourthad also awarded
in Rylandsvs Fletcher" the payment ot compensationto the victimsof oleum
Court laid down the rule as
tollows "Where an enterprise is engaged in a hazardous or gas. 1he
Case Law: dangerous activity and harm results to anyone on account of an accident in the inherently
(From University xam. point of view, following is the precise answer for short note) operationof
such
M.C.Mehta and vs. Union of India, & Shriram Foods and Fertilizer Industries v/s. Union of India
hazardou and inherently dangerous activity, resulting. for example. in escape of toxic gas, the
enterprise is strictly and absolutely liable to compensate all those who are atfected by the accident and
(4.1.R. 1987, S.C. 965) such liability is
not subjectto any exceptionsunder the rulein RylansrsFletcher
ShriramGas Leak CaseOleum GasLeak Case:
Facts ofthecase:
 Prukash sh KK. M,
Mokq
Author- P'rof
98.
ise so as todisturb him. and it IS the duty99. of Author -Prof. Prak
CHAPTER-IX

neighbourhoodnot to make any unrcasOnabienoi1se soanyas toneighbour or

person pres ush K. Mokal
sent or living
disturb such a the
1he
vehicles un nronerty. Impliedly, no person nas the right to make person the
Noise Pollution"
huge
sounds.
sides of the r detriment or nuisance of othner, and the person who makes unreasoable noise on his own use of hi
any lawlul
Traffic
causes
in
tne d any unreasonable nos land t0
residing
living in the vicinity, can be sued by such
arin aggrieved others for the tort of 01ses as disturb otherthe
cities.
researches
pollution
in
to the
people conducted

Sound is major nuisance

Council a ffec actionable tort. if it materially attects or interteres with the nuisane
ord1nary comfort of lifece. Noise will be
been
u create
public Rescarch
ral areas,
arcas,
have
have

speed, the horns. pcop TC. The Indian Medical

in rural
can locality.
d the people the roads. and 7% people
his learning
acit It has been held by the Indian courts that,
havmg regard to the
passing pollution.
on arcas

in urban sound the

1977 to 1982. and found that 10 % people deaf due to
Canot
cdr
sou
und disturbance to neighbours
throughout
neighbouringarea, and the vathersthe i y the
child gets
or
mildness

The human
beings
They can bearr12 noise generated from a brick manuracuringplant in the
partial deaf. If
a affected.
npicte
or
would certainly
be
is called ultra-sou noisv crowds outside a club which remained open
his intelligence this intensity past mid-night, amount to
dnd sound of exceeding ent to note that, the scope of the law of torts is nuisance i
a
ad
The very narrow
and does not
provide a sire rooOwever,
20,000Hz.
than
ore causes deaf
to human beings. control and curb noise pollution.
than that sound
dd
sately. More Section 268 of the Indian Penal Code which dcals with
pollution, is d COncomitant.
whicn

which all types of public nuisance can be controlled and

publie nuIsance" is a general
Urbanization: noise provision a.
Noise Pollution-Growing have intensificd

also a health hazara. 1he

generation 0f contained.
Section 290 of theIndianPenal Code prescribesthe punishmentfor
ersely affcc
automobilization

and
dustrialization a nuisance,
it is t a
a
is not only becausc, person guilty of
dern
industrial
civilization. Noise
is considered a form of pollution,
Prolonged exposurc
O
CXCessj, nuisance,which extendsto a fine of upto Rs. 200/ causino
publie
a

noise within the environment

excessive noise. and has . Section 133 of the Code of
Criminal Procedure confers
unrcasonable
of people exposed
to such metabolical
disoraers,
conditional order for preventing nuisance. jurisdiction on the Magistrate to make
lowerS the qual1ty of life digestive and Or the perso
and deafness, neurological,
working
efticlency
Son The Motor Vehicles Act, 1988 contains some
noise can cause permanent
hcalth and the elfective provisions tor
cffect on the mental and physical from automobiles. There are two main sources of controlling noise
emanating irom automobiles,horns andemanatine
adverse
cOnscquent noise
industries,
venicuiar
traffi The Motor Vehicle Act, 1988
exposcd to such a noise pollution.
from variety of
sources
which includes
neu urban
reiewal and specifically lays down that, horns fittcd in automobiles silencers
emanates a
scale vehicles, should be in accordance with the standard and other mol
of loud-speakers. Large
NOISe pollution motor
work and indiseriminate use
noise pollution. a succession of different notes can be
approved by the Burecau of Standards.
No horn havin
levels of fitted in a motor vehicle. The
construction
air-craft,
infrastructure projects have
also contributed to the increasing reactea Dy passing an makes an exception in favour of motor vehicles uscd Motor Vchicle Act,
1988, however
the legislature and the judiciary by the Police, Ambulance and Fire
not only have research Is also beiFo
In tackling this problem,
restrict noise pollution, but furthermore,
innovative to the condition that such motor vehicles
are
approved by the Registering Authority. Brigade, subicct
entorcing strict
laws that scek to
People's commitees
and environmenal Noise pollution
has, thus, far been almost
to control noise pollution.
schools totally neglecicd Iield in the area of
pollution in our country, we lack any apprehensiveset ofpolicy
around
conducted into devising
new measures
areas Given the steady increase in noise making
noise pollution. Certain
formed with the goal of curbing
authorities are being free zones", where no objectionable sounds of specifically with the problem of noise
pollution. Noise free
laws that deal
hospitals, etc. The law enforcingagencies ought to bc cducated on theought
"noise zones to be created
law are being classified as also been passed which around schools,
hospitals and courts of allowed. Various laws are risks associated with
construction work, ctc., are
iraffic horns, loud speakers, approach and clamping to noise pollution and being exposed
and the judiciary is also taking
an activist encouraged to implement the laws in a stricter fashion. Specific stricter
seek to control and curb noise pollution, ought to be incorporated to control noise generated from motor provisions
vehicles, industries,
down on noise pollution. laws to control noise Above al, the people ought to be educated and loud-speakers ete.
of the world which have enacted special made aware of the risks and health
hazards associated
Unlike some of the other countries of noise pollution. It was with being exposed to noise pollution.
which deals exclusively with
the problem
pollution. in India, there is no law substantial attention was attracted to Noise pollution is one of the environmental
after the enactment of the Environment (Protection)
Act, 1986, that
All cities and towns are pollutions, which the 20°" century people are facing.
sclf-contained enactment for preventing
noise pollution facing noise pollution. Noisy traffic, industrial machinery, people gathered at one
noise pollution. However, instead of bringing any
1987 was enacted, inter-alia, to include place, etc. produce noise pollution. The human car cannot,
the Air (Prevention and Control of Pollution) Amendment Act, than 20,000 vibrations generally, hear sounds of frequencies higher
The Air Pollution Board is in the process of preparing per second. The human ear can safely
intensity higher than this, is harmful and can damage the car. Halfrespond
to
noise in the definition of the termm "air pollutant" pressures upto 120 db. Any
of industrial and ambient noise levels and it is expected that, industries will be asked to of the people on the
globe are severely
Specific standards noise levels exposed to the noise pollution, and are facing greatest
install devices or other techniques to keep the Council of Medical Research and the danger. A study jointly conducted by the Indian
change their manufacturing processes or to
low. Besides the Environment (Protection) Act, 1986 and the Air (Prevention and Control of Pollution)
to 1982 proved that, more than
Department of Science and Technology during the period from 1977
measures can be taken to control and
10% of the urban population and about 7% of the rural
Amendment Act, 1987, there are several other statutes under which suffer from mild to severe hearing population in India
impairment.
prevent noise pollution. JAlso refer to topic "Kinds of Pollution"given in "Chapter I"l. -

Some of these are as follows

Under the Law of Torts, a civil suit can be filed claiming damages in the event of a person Noise Pollution Rules_ Aim of the Rules Definition of 'Act', Educational institutions', Hospital',
suffering a nuisance on account of the actions of another. Nuisance as a tort means, an unlawtu etc. It classifies areas/zones,
gives different ambient, air standards, restrictions on use of loudspeakers,
interference with a person's use or enjoyment of land or some right over, or in connection with it. Thus etc.- Complaintsto
Authority The Schedule gives the different noise limits for day and night.
..

an individual has a
right to buy property and live there or use it peacefullyfor any lawful purpose. No on
can disturb such a
person or prevent him in the lawful use of that property. No person has a right to creat:
 hK.
Author-ProL PrakashK Mokg
100.
101.
CHAPTER-X
Author-Prof.iPrakash K.
(Protection)
Act, 1986 CHAPTER-I Mokal
Environment
(Sections
1 to 26)
et, 11986:
PRELIMINARY"
(Sections 1& 2)
Protection Act,
Environmental Short title,extentand commencement(Section 1):
Objects,Reasonsand Featuresof all the
aspects ofthe environ (1) This Act may be called the Environment
(Protection)
Act, 1986.
air or
land, but (2) It extends to the whole of India.
OBJECTS water or
3) It shall come into force on such
not merely nvironment
Envi
date
as the
1. To provide a law which
which provides for the
covers

protection and
improvement
Stockholm
of environnnec
Conference
on
Human

held, Gazette, appoint and different dates may be Central Government

may, by
appointed for different provisions ofnotificationin the OfEicil
nd and principles of ent with areas. this Act f and Cal
2. To comply with the decision
environment
of
improvement
Stockholm in June, 1972; and laws;
the protection
for the existing Definitions (Section 2):
authorities under
3. To create an authority or authorities arcas relati.
various regulatory to cover uncovered
the view (a) environment"includes
ordination of the activities of with a or rel
protection
specific types
or poilution
water.air and land and the inter-relationship
between water,air and land, and human
environment

4. To make generneral law on

laws focus only
on
which exists
because, the existing beings. other living_creatures,plants amon
and
ental
hazards,
hazardous substances: violate or endanger
numan environm property
onmen (b)environmentalpollutant" micro-organisn and
specific categories of those who
make provision for
deterrent punishment
to
means, any solid, liquid or
concentrationas may be,or tend to beinjuriousto environment; gaseous substance_presentin Such
0
health and safety. (c) environmentalpollution"means,the
laws (d) presencein theenvironmentof any environmental
handling",in relation t0 any substance
REASONS: basis and
framing reason
with for
means. the manutacture.processing, pollutant:
quality has been the important the qualin storage.transportation,use, collection, treatment,
conversion.offeringfor sale. transferor thepackage
decline in

.he decline in environmental

of environment. This
Suchsubstance; destruction.
to provide for the protection
and improvement
and biological diversity, the excessive like of
VIew atmosphere. T (e) "hazardoussubstance" means, any substance
of tree cover
to increase in pollution, loss in the

physio-chemicalpropertiesor handling.1s lhableto or

chemical
environment is due
and excessive of such
concentration
has also ad preparationwhich, by reasonof its chemical or
harmful chemical in food chain and threats life-support system
to cause harm to human beings,other living
of environmental accidents and hazards the of environm plants,micro-organiSIm.propertyor the environment
state creatures
ncreasing risks of concerns over
( *occupier",in relationto any factory
quality. Due the growing
to
accordance with
to the decline in the
environmental
enhance the quality
environmental in
factory or the premises and includes. inpremises mecans.a person who has controlover the affairsof the
resolved to protect and
the world community held in June, 1972; relation to any Substance, the personin
principles of Stockholm
Conference Human
on
Environment
Environmen
Conference
Substance:
on Human
possessionof the
Stockholm
2. India, beingone of the participants and signatories to
and decisions of
(g)"prescribed" means, prescribedby rules made under this
Act.
comply with principles
the th
the necessity for enacting a general legislation to
important and evident;
conference, became increasingly
3. There were some enactments in
existence to cover specific type of pollution
or to cOver specif CHAPTER-II
hazard remained untouched an (Sections 3 to 6)
but the major areas of environmental
categories of hazardous substances,
There also inadequate co-ordinatio
unnoticed leading to creation of uncovered gap in
and linkage to handle matters of industrial and
such areas.
environmental safety.
was

Therefore, 1t was necessary to have "GeneralPowers of the CentralGovernment"

generallegislation to cover and improvement
provide protection S.3: Power of CentralGovernment take
environment.
al of environment and to
aspects to the Central
(1) Subject the provisions of this Act,
to measures to protectandimproveenvironment:
Government shall have the power to take all such
4The municipality of various regulatory authorities emphasized the necessity for an authority which ca measures as it deems
necessary or expedient for the
purpose of protecting and
of the environment and improving the quality
assume the leading role of planning. implementing and analysing and studying in relation to long tem preventing,controllingand abating environmentalpollution.
requirement of environmental safety and give directions to deal with emergency situation endangering (2) In particular and without prejudice to the generality of the
measures may include measures with
provisions of sub-section (), such
threatening to environment. respect to all or any of the following matters, namely
i) co-ordination of actions by the State Governments,officers and other
tWas necessary to co-ordinate the activities of the various regulatoryagencies to create an authoritye a) under this Act, or the rules made thereunder; or
authorities-
norties to
exercise powers for environmentalprotection, to regulate the discharge of environmenti
pollutants aud inandling of hazardous substances. Speedy initiations/actions response in the situatior b) under any other law for the time being in force which is relatable to the
objects of this Act;
relaing to accident and also to provide deterrent punishment to those who violate or endanger humat ii) planning and execution of a nation-wide programme for the prevention, control and abatement ot
environnental pollution;
environment, safety and health, and therefore, there was an urgent need for enactment ot a genera
legislationon environmentalprotection. ii) laying down standards for the quality of environnmentin its various aspects;
 akashK.
Author-Pof, Prak
Moka
various s
Author-Prof. PrakashK.Mokal
Trom

102. of
environmental
polntants
ources 103.
or discharge Act, issue directions in writing to any person, officer or any authority and such person, officer or
down underi this cla
emission
standards for
) laying down be laid authority shall be bound to comply with such directions.
discharge may or discharo
whatsoever:
standards for
emission or
composition
of tne
emission

e of Explanation For the avoidance of doubts, it is hereby declared that, the power
- to issue directions

Provided that. ditlerent or

haVing regard
to the quality
stries, operatior
class of industr
underthis Section, includes the power to direct
a) the closure, prohibition or regulation of any industry, operation or process; or
from different sourc or
such sources
pollutants from or process other service.
b) stoppage or regulation of the supply of electricity or water or any
environmcntal
certain sareguards,
operations
industries, to
areas in which any
) restriction of carried out subject which may
be carried out or
shall be
prevention
of
accidents
cause
processes
shall not

down proccdures
and safeguards
for the
accidents,
S. 6:(1)Rules
ThetoCentral
regulateenvironmental
Government may, pollution
by notification in the Official Gazette, make rules in respect of all
1aylg measures for sucth substances,

and remedial hazardous

the handling of
pollution as are Iikely to ca
or any of the matters referred to in Section 3.
Cnvironmental
procedures and
safeguards for
materials and
substances ause In particular, and without prejudice to the generality of the foregoing power,
such rules may
ying down processes, (2)
manufacturing
examination of such O environmentat
provide for all or any of the following matters, namely
to prodiems a
environmental pollution: and research relating (a) the standards of quality of air;
investigations
out and sponsoring (b) the maximum allowable limits of concentration of various environmental pollution (including
Canyng
pollution: machinery,
manutacturing or Oner processee noise) for different areas:
equipment, officers or person
of any premises, plant,
authorities,
nspection directions to such (c) the procedure and safeguards for the handling of hazardous substances;
by order, of such or environmental different areas:
atcrials
or substances and giving.
the prevention,
control and abatemen (d) the prohibition and restrictions on the handling of hazardous substances in
to take steps for of industries and the carrying on of processes
as t may consider necessary (e) the prohibitions and restrictions on the location
institutes to carry out the functions
pollution laboratories and and operations in different areas;
environmental
recognition of procedures
NI) establishment

entrusted to such
or

environmental laboratories and institutes

under this Act;
matters relating to environmenal
( the and safeguards for the prevention of
accidents which may
environmental pollution and for providing for remedial measures for such aceidents.
cause

dissemination of information in respect of

XI1) colection and
control and abatement of
pollution: to the prevention, CHAPTER-
Xn) preparation of manuals, codes or guides relating
environmental pollution,
XiV) Such other matters as the
Central Govermment deems
necessary or expedient
for the purpose of
Prevention, Controland AbatementofEnvironmentalPollution"
the provisionsof this Act.
Securing the effective implementation of
it considers it necessary or expedient
so to do for the purposes of this S. 7: Personscarryingon industry,operation,ete, not to allow emission_ordischargeof
(3) The Central Government may, if environmental pollutantsin excessof thestandards
or authorlies by such name o
Act. by order, published in the Official
Gazette, constitute an authority No person carrying on any industry. operation or process, shall discharge or emit or permit to be
and performing such of the
names as may be speccified in the order
for the purpose of exercising discharged or emitted any environmental pollution in excess of such standards, as may be prescribed.
directions under Section 5) of the Central
powers and functions (including
the power to issue
to such of the matters referred to in
Govermment under this Act. and for taking measures with respect
control of the
S.8: Personshandlingsubstancesto complywith proceduralsafeguards
to the supervision and No person shall handle or cause to be handled any hazardous substance, except in accordance with such
sub-section (2). as may be mentioned in the order, and subject
authorities exercise the procedure and after complying with such safeguards, as may be prescribed.
such authority or may
Central Government and the provisions of such order,
mentioned in the order, as if such authority
powers or perform the functions or
take the measures so

or authorities had been empowered by this Act to

exercise those powers or perform those
take such measures.
S.4:(1)Appointment of officersand theirpowersandfunctions
Without prejudice to the provisions of sub-section (3)) of Section
functions or S.9:Furnishingofinformationtoauthoriticsand agenciesin certaincases=
(1) Where the discharge of any environmental pollutant in excess of the prescribed standard occurs or is
apprehended to occur due to any accident or other unforeseen act or event, the person responsible for
such discharge, and the person in charge of the place at which such discharge occurs or is
3, the Central Government may apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a

appoint officers with such designationsas purposes of this Act and may entrust to
it thinks fit for the result of such discharge,and shall also forthwith-
them such of the powers and functions under this Act as it may deem fit. a) intimate the fact of such occurrence or apprehension of such occurrenee; and
(2) The officers appointedunder sub-section (1) shal be subject to the general control and direction of b) be bound, if called upon, to render all assistanee, to such authorities or agencies, as may be
the Central Government or, if so directed by the Government, also of the authority or authorities, it prescribed.
any, constituted under sub-section (3) of Section 3 or of any other authority or officer. (2) On receipt of information with respect to the fact or apprehension of any occurrence of the nature
referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the
S.5: Powerto givedirections authorities or agencies re ferred to in sub-section (), shall as early as practicable. cause such remedial
Notwithstandinganything contained in any other law but subject to the provisions of this Act, the measures to be taken as are necessary to prevent or mitigate the environmental
Central Government nmay, in the exercise of its
pollution.
powers and performance of its functions under this (3) The expenses, if any, incurred by any authority or agency with respeet to the remedial
measures

referred to in sub-section (2). together with interest (at such reasonable rate as the Govermment may,
 Author-Prof,
until
Prakash
in Is
K. aMokq
K,
paid
104 is
made
revendy

from the date

when a
demand

the
for the

person
expenses

concerned
as
arrcars
of land
revenue or of 105 Author-Prof. Prakash K. Mokal
a) in case where the occupier, his agent or person wilfully absents himself, the person taking the
tix) from
order,
by
Tecovercd by such authority
or agency
sample shall collect the sample for analysis to be placed in a container or containers which shall be
public deand.
Governmen
marked, and sealed and shall also be signed by the person taking the sample, and
the
Central b) in case where the occupier, his agent or person present at the time of taking the sample, refuses to
by
inspection=
ofentry and ofthis Section, any
empowered
tance as
as he
ne this sign the marked and sealed container or containers of the sample as required under clause c) of sub
S. 10: Powers
provisions
person
times
with
such
assIstance

consider section (3), the marked and sealed container or containers shall be signed by the person taking the
to the
reasonable

()Subject at all enter,

to
behalf, shall have a ight Government entrusted
nir samples, and the container or containers shall be sent without delay by the person taking the sample
Central
fiunctions of
the
nccessary., any place of the such functions for analysis to the laboratory established or recognised under Section 12 and such person shall inform
performing any what manner, any
a) for the purpose of whether, and if so, in
thereunder, or any
notico be the Government Analyst appointed or recognised under Section
13 in writing, about the wilful
determining rules made
the purpose of Act or the or had absence of the occupieror his agent or person, or, as the case may be, his refusal to sign the container
b) for
this Act is being ad
whether any provisions of or granted
under this
been
performed or
served, made, given
or containers.
authorisation
direction or
plant, record. egi industrial
complied with;
examining
and testing any
equipment,
of building in which oIer,
S. 12: Environmental
laboratories=notification in the Official Gazette,
c)for the purpose of for conducting a scarch any 3 (1) The Central Government may, by
other material object,
or
thereunder has been or is bein. a) establish one or more environmental laboratories;
document or any rules made
about to be committed, offence under this Act or
and for seizing any such equipment, industrial plant, record. reoof
reason
believe that
to
an

furnish evidence
b) recognise one or more
functions entrusted
laboratories
to an environmental
or
institutions environmental laboratories
as
laboratory under this Act.
to carry out the

believe that, it may the

has reasons to
other material object, if he rules made thereunder, or thar (2) The Central Government may, by notification in the Official Gazette, make rules specifying
document or

offence punishable
under this Act or the such
commission of an environmental pollution. a) the functions of the environmental laboratory
mitigate
b) the procedure for the submission to the said laboratory of samples of air, water, soil or other
or
to prevent hazardous substano.
procesS or handling any
is necessary
Seizure

any industry, operation

or nce,
Every person carrying
on
the Central Government und. substance for analysis or tests, the form of the laboratory report thercon and the fees payable for such
(2)
all assistance to the person empowered by inder
shall be bound to render he lails to do so withom report,
out the functions under
that sub-section, and if hout
sub-section (1). forcarrying this Act. c)such other matters as may be necessary or expedient to enable that laboratory to carry out its
of an offence under
cause or excuse,
he shall be guilty functions.
any reasonable the Central Government under
or obstructs any person empowered by
(3) If any person wilfully delays under this Act.
sub-section (1), in the performance his functions,
of he shall be guilty of an offence S. 13: GovernmentAnalysts
of Criminal Procedure, 1973, in relation to the State of Jammu an The Central Government may, by notification in the Official Gazette, appoint or recognise such persons
(4) The provisions of the Code the provisions of any corresponding law jn as it thinks fit and having the prescribed qualifications to be Government Analysts for the purpose of
Kashmir, or any area in which that Code is not in force,
to any search or seizure under this Section analysis of samples of air, water, soil or other substance sent for analysis to any environmental Laboratory
force in that State or area shall, so far as may be, apply
the authority of a warrant issued under Section 94 cstablished or recognised under sub-section (1) of Section 12.
as
they apply to any search or seizure made under
of the said Code or, as the case may be, under the corresponding provision of the said law.
S. 14:
Reportsof Government to be
Analyst=
S.11: Powerto take sampleand proceduretobefollowedin connectiontherewith Any document purporting a report signed by Government
facts stated therein in any proceeding under this Act.
a
Analyst may be used as evidence of the
(1) The Central Government or any officer empowered by it in this behalf, shall have power to take, for
the purpose of analysis, samples of air, water, soil or other substance from any factory, premises o
other place, in such manner, as may be prescribed. S.15: Penaltyfor contraventionofthe provisionsofthe Act and the rules,ordersand directions
(1) Whoever fails to comply with or contravenes
any of the provisions of this Act, or the rules made or
(2) The result of any analysis of a sample taken under sub-section (1), shall not be admissible in evidence
orders or directions issued thercunder, shall, in
respect of each of such failure or contravention,be
in any legal proceedingunless the provisionsof sub-sections 3 and 4 are complied with. punishable with imprisonment for a term which may extend to S years or with fine which may extend
8 a)Subject to
the provisionsofsub-section(4). the person taking the sample under sub-section (1), shall-
serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such
to one lakh rupees, or with both, and in case the failure or
contravention continues, with additional
fine which may extend to Rs. 5000/- for
form as may be prescribed, for his intention to have so every day duringwhich such failure or contravention
b) in the presence of the occupieror his agent or
analysed; continues after the conviction for the first such failure or contravention.
person, collect a sample for analysis, (2) If the failure or contravention referred to in sub-section (1), continues beyond a period of 1 year after
c)cause the sample to be placed in a container or
containers which shall be marked and sealed, and the date of conviction, the offender shall be
shall also be
signed both by the person taking the sample and occupier or his punishable with imprisonment for a term which may
agent or person; extend to 7 years.
d) send without delay, the container or containers to
the laboratory establishedor
Central Government under Section 12. recognised by m S. 16:
(4) When Offencesby companies
a
sample is taken for analysis under sub-section(1), and the (1) Where any offence under this Act has been committed by a
the occupier or his person taking the sample serves ou company, every person who, at the time
agent or person, a notice under clause of the offence was committed, was
directly in charge of, and was responsible to, the company for the
(a) sub-section (3), then, -
 Prakas K.
iltyMoka
Author-Prof
to be.
106._
the
company
shall be deemed
of i
of the
company,

against
as
well as,
and punished
accord1ngly:

such person jiah1.

ole
107. Author-Prof PrakashK, Mokal
render any
any reports, returns, statistics, accounts and other informationand such person, officer, State Government
business
Of the proceedcd
shall
knowleydge
liable to be without his
and shall be this sub-secton or other authority shall be bound to do so.
committed

contained in
Was
OTence offence

that, the
nothing offence.
FrOvided that, Act, if he proves of such

S.21: Members,officersand employeesof theauthorityconstitutedunderSection3tobe public

commission

this this Act

provided in
the offence under
to prevent where an
the s
plunishment due diligence (1),
exercised all sub-scction committed with servants
contained in
that he been
offence has
or anything that, the manager, se
Allthe members of the authority,constituted, if any, under Section 3 and all offcers and other employees
)Notwithstanding

by company,
and it is proved
ncglect on the part
of, any director,
shall be liable to be seeretary of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules
procecded
a
attributable to any
Commilted
oflence and made or orders or directions issued thereunder, shall be deemed to be public servants within the meaning
connivance of, or is be guilty ot that
deemed to of Section 21 of the Indian Penal Code.
also be
other oflicer, shall
accordingly.
and punished
against
ofthis
Scction-
other association
of individhuat S. 22: Barofjurisdietion
Explanation
For the
-
purpose
corporate,
and includes a firm or
and Nocivil courtshallhave jurisdictionto cntertainany suit or proceedingin respect of anvthingdone
means, anybody partner in the
firm.
a) "company"
b) "director", in
relation to a firm, means a
actiontakenororderordirectionissuedbythe CentralGovernmentor any otherthis
authorityor oficerin
Act. Question for
pursuanceof any powerconferredby or in relationto its or his functions under
(1) where an offence under thisDepartments=
Act has been committed by any Department of the Governmen. to be short answer [Nov., 2011).
S. 17:Offences by Government ent,
shall be liable
to be guilty of the offence and
Head of the Department
shall be deemed S. 23: Powertodelegate
and punished accordingly: Head of the Depart Without prejudie to the provisions of sub-section (3) of Section 3, the Central Government may, by
proceeded against contained in this Section
shall render such notificationin the Official Gazette, delegate, subject to such conditions and limitations, as maybe
Provided that, nothing committed without his knowled
if he proves that, the
offence was ge specified in the notification, such of its powers and functions under this Act. except the power to
liable to any punishment the commission of
such offence.
constitute an authority under sub-section (3) of Section 3 and to make rules under Scction 25, as it may
due diligence to prevent
that he exercised all wlhere an offence under this
Act has been commis
nited deem necessary or expedient, to any officer, State Government or other authority.
Notwithstanding contained in sub-section (1). been committed with
(2) has
and it is proved that the offence he
by a Departmentof Government attributable to any neglect on the part of, any office,
other than t.
he S. 24: Effectof otherlaws
or is
consent or connivance of, of that offence and shall h (1) Subject to the provisions sub-sectio 2 , the visions of this Act and the rules or orders made
such officer shall also be deemed to be guilty be
Head of the Department, therein shail have effect notwithstanding anything inconsistent therewith contained in any enactment
and punished accordingly.
liable to be proceededagainst other than this Act.
2) Where any act or omission constitutesan offence punishable under this Act and also under any other
CHAPTER-IY Act, then the offender found guilty of such offence, shall be liable to be punished under the other Act
and not under this Act.
"Miscellaneous"
(Sections 18 to 26) S. 25: Poweri make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the
purposes of this Act.
A8:Protectionof actiontakeningoodfaith lie against the Government or any officer or other (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
No suit, prosecution or other legal proceeding shall for all or any of the following matters, namely:-
employee of the Government any authority
or constituted under this Act or any member, officer or other
which is done or intended to be done in good faith in a) the standards in excess of which environmental pollutants shall not be discharged or emitted under
employeeof such authority respect
in of anything
Section 7,
pursuance of this Act or the rules made or orders or directions issued thereunder.
b) the procedure in accordance with, and the safeguards in compliance with which hazardous substances
S. 19: shall be handled or cause to be handled under Section 8
Cognizanceofoffences
No court shall take cognisanceof any offence under this Act except on a complaint made by to which intimation of the fact oceurrence or apprehensionof occurrence
c)the authorities agencies
or
of
the Central Govemment or any authorityor officer authorised in this behalf by that Government; or of the discharge of any environmental pollutant in excess of the prescribedstandards, shall be given.
a) and to whom all assistanece shall be bound to be rendered under sub-section ()
b) any person whohas given notice of not less than 60 days, in the manner preseribed, of the alleged of Section9:
offence and of his intention to make a complaint, to the Central Government or the authority or the d) the manner in which the samples of air, water, soil or other substance for the purpose of analysis shall
officer authorisedas aforesaid. be taken under sub-section() of Section 11;
e) the form in which the notice of intention to have a sample analysed shall be served under clause (a) of
S. 20:
Information,reports or returns
The Central Government may, in relation to its
sub-section(3) of Section 11;
functions under this Act, from time to time, )the functions of the environmental laboratories, the procedure for the submission to such laboratories
person, officer, State Govemment or other require any
authority to furnish to it or any prescribed authority or officer of samples of air, water, soil and other substances for analysis or test; the form of laboratory report;
 ash kK. Moka
Author-Pro Prakash
carry out thei
laboralornes
to carry

108 such
matters
to
enable

se of
109. Author-Prof,PrakashK. Mokal
the fees paya Such report
and
other
tor
the
purpose

analysis.
Tunctions under
sub-section (2) of SectionI2
Analyst
or
appointed

1
recognised

complaint
he Centra
to the
CHAPTER-XI
Ethe qualifications of Government under Section to
make a

nples of air, water,

soil or other
substances

offence and of
the
intention

her infor
information
Bio-Medical Waste
the
h) the manner in which the notice ofclause (b) of Section19 statistics, accoOunis
and other

under
shall be given returns,

vemment, reports,
to whom any The conceptof"Bio-medicalwaste"
i)the authorityne officer The term "Bio-medical waste" has been defined in rule 3 (5) of the "Bio-medical Waste (Management and
shall be fumished under S.20; be, prescriocd
to be, or may
any other matter which is required Handling) Rules, 1998"as follows
fore
made, beforo each Hous "Bio-medicalwaste" means,any waste which is gencrated during the diagnosis,treatment or
thisActto belaid beforeParliamentbe after
it is
.26: Rulesmadeunder shall be laid, soon 'as may as
which may
be comprised
in one sesi On or immunisationofhumanbeingsoranimalsor inresearchactivitiespertainingthereto.orintheproduction
very rule
made under this Act,
session, for a total
period of 30days session immealaely
tollowin
wing ortestingof biologicals,and includingcategoriesmentionedin ScheduleI".
Farliament,while it is in before the expiry of the in the
rule This definitionof "Bio-medical waste" may be explained as follows-
modiication

sessions, and if, in makingany

in two or SuCcessive Houses agree effect only in.
sessions aforesaid,
both
rule shall thereafter
have such Any waste- It is any waste, which is generated during certain process specifiedbelow
SuccessiVe be made, the modification
however, that any sucn
Processes generated -
both Houses agree that the rule should not
case may be;
so, that rule.
be of no effect., as the done under a) during diagnosis ofa discase or any ailment; or
modified form or
to the validity of anything
previously
b) during the process of treatment of any discase, or illness; or
anent shall be without prejudice
c) during the process of immunisation of human being or animals, research activities pertaining
thereto; or
d) during the process of production, or
e) during the process of testing biologicals, including the categories mentioned in Schedule I.

Treatmentof"Bio-medicalwaste'
Provisions in this regard have been laid down in Rules 6 to 14 of the Rules laid down under the Bi0-
medical Waste (Management and Handling) Rules, 1998. They are as follows:

1) Segregation of waste - This rule provides that bio-medical waste shall not be mixed with other wastes.
It be segregated into containers/bagsat the point of
shall
to its storage, transportation, treatment and disposal.
generation in accordance with Schedule II prior

2) Transportation of waste - The containers shall be labelled according to Schedule lI. The bio-medical
waste shall be transported only in such vehicle as may be authorised for the purpose by the competent
authority as specified by the Government.

3) Period upto which waste can be stored - No untreated bio-medical waste shall be kept stored beyond
a period of 48 hours. However, if for any reason it becomes necessary to store the waste beyond the

period 48
of hours without being treated, then the authorised person must take permission
of the
prescribed authority, and measures to ensure that the waste does not adversely affect human health, and
the environment.

4) Responsibility of the Municipal body - The Municipal body of the area shall continue to pick up the
segregated non bio-medical solid waste generated in hospitals and nursing homes, as well as, duly treated
bio-medicalwastes for disposal at municipal dump site.

Constitutionof Advisory Committeefor a Stateand Union Territory

underthe Bio-MedicalWaste(Managementand Handling)Rules,1998:
Rule 9 of the above rules, provides for the constitution of Advisory Committees. Such Committees are to
be constituted for each State and each Union teritory. In spite of this, the Ministryof Defence is also
 Author-Po! Prakasj
for such C hK. Mokg
mittee
provides

which

110.
Author-Prof PrakashK.Mokal
rules

Rule 9of the

above
111.
required to constitute such
Committee.

Advisory Commit.
uns as follows - shall constitut
te an
husbandryand Th CHAPTER-XII
(1) The Government of
every State/Union
of
Territor medical, health,

and
mal

any ouner
related

the
den.Cter

Conarty
erinaryo
department "HazardousWaste"
in the treid administration,

Committee will include experts

required,
mate

SClences, environmental management,

municipal
As and
when

aulhority
about
Aha
natters relatet The conceptof "hazardouswaste"
organisations.

prescribed
organisationincluding non-g ental
Territory
and the
The concept of "hazardous waste" has been defined in Rule 14 of the "Hazardous Wastes
the Government of the State/Union
aavise shall constit.
e in tha (Management and Handling) rules, 1989" as follows-
to the implementation of these rules. of
Delence

Ministry
(1), the following, m respect or
sub-rule th all heal "hazardous waste means, any waste which by reason of its physical, chemical, reactive, toxic,
(2) Notwithstandinganything contained in the institui flammable, explosive or corrosive characteristics causes danger or is likely to cause health or
danger to
consisting
consisting
of
or
e dispensaries, vereay M.ion
inistry, an Advisory Committee environment, whether alone or when in contact with other wastes or substances, and shall include
-
mmittee
clinics
korces
under the

establishments including hospitals, nursing honmc banks of

the
Armed

Mmistry of Def
a) wastes listed in column (3) of Schedule I;
nimal houses, pathologicalaboratories
d
blood
laboratories and blood badal Services
Amed Forces
and the
Dcfence b) wastes having constituents listed in Schedule 2 if their concentration is equal to or more than the limit
Delence, to advise the Director General, these rules, i ************** ....Chairman indicated in the said Schedule; and
to implementation of naic c)wastes listed in Lists 'A' and 'B° of Schedule 3 (Part A) applicable only in cases of import or export
n matters relating General Medical Services..* rank of Deputy Secretar
Additional of Armed Forces
below tnc
a
to be of hazardous wastes in accordance with Rules 12, 13 and 14 if they possess any of the hazardous
of Defence not ....Ma,
ii) A
representative of the Ministry
Eorest not
************************

not below
below ththe rank of Denu
Member, characteristics listed in Part B of Schedule 3".
nominated by that Ministry.. n s
and Forest
of
..Member, Meaning of "hazardouswaste'
Vironment

ii) A representative of the Ministury ******************.

.
Secretary to be nominated by that Ministry... Waste Management, Pune....Member. This waste means,any wasteby reason of any of it'sa) physical,b) chemical.c) reactive,d) toxic, e)
iv) A representativeof the Indian ociety of Hospitals flammable,Nexplosiveor g)corrosivecharacteristicswhichcausesdangeror is likelyto causedanger.
Who is an 'occupier'undertheH.W,Rules 2
Rule 3 (q) H.W. Rules statesthat- "An occupierin relationto factoryor premises.a personwho has
controlovertheaffairsofthe factoryorthepersonwho isin possessionof thehazardouswaste
Danger to healthor environment:
Such waste due to any of the above characteristics, causes danger or is likely to cause danger to health of
people or environment

Danger or hazardbyitselfor otherwise

Such an hazard may be caused by the above mentioned elements (elements listed in a) to g) alone or when
in contact with other wastes or substances.

Certain
Over and
otherthings included:
in the above
above, mentioned matters, the term under consideration also includes the following
i) wastes listed in column (3) of Schedule I:
11) wastes having constituents listed in Schedule 2. if their concentration
limit indicated in the said Schedule.
is equal to or more than the

Responsibility ofthe occupierand operatorforhandlingof thewastesIRule41

Provisions contained in Rule 4 of the abovementioned Rules throw responsibility of a
person in this regard. This Rule runs as follows
light as to th
(1) The occupier and the operator of a facility, shall be responsible for proper collection. Reception,
treatment, storage and disposal of hazardous wastes listed in Schedules 1, 2 and 3.
(2) The occupier or any other person acting on his behalf who intends to get his hazardous vastes treated
by the operator of a facility under sub-rule (1), shall give to the operator of a facility, such
information as may be specified by the State Pollution Control Board or Committee.
 Author-Pro, Prakashk M
112,
and the
operator
of a facility,

and
to take

aisposed
all
off
steps
off wil
Moka
ensu
without 113. Author-Prof.Prakash K. Mokal
(3) It shall be the resp esponsibility
occupier
of the 2 and 3 are properly
handled,
7) The Member-Secretary,State Pollution Board or any officer designated by the Board or Commitee
wastes
listed in
Schedules 1,
may, after giving reasonable opportunity being
of heard to the applicant, refuse to grant any
the authorisation;
adverse effects to the environment.
8) The Member-Secretary,State Pollution Control Board or any oficer designated by the Board, shall
which have been l.
laid d
facilhtye
a have certain dutics in this regard, renew the authorisation granted under sub-rule 6), after examining each case on merit, subject to the
Duties of theoccupier
andoperatorofalso
and operatorof a following
facility follows-
This Rule runsas steps while ho.
OCcupier
In Rule 4-A ofthe
abovementioned
Rules.
and operator of a facility to
take adequate
handin i) on submission of annual returms by the occupier or operator of facility Form
the wherever feasible, for reduction
in
and
4.
prevention in the waste
be the duty of the occupier ii) on steps taken, by applicant
.shall on human
conscquences and generated or for recycling or for reuse.
hazardous wastes to,- and limit their
contaminants and prevent
accidents
ii) on fulfilment of conditions prescribed in the
authorization regarding management in an
Contain necessary to cnsur
e the environmentally sound manner of wastes;
and equipment
environment; and
Control Board or Committee shall maintain a register containing particulars of
infomation/training
the site with 9) Every State Pollution
1) provide persons working on

the conditions imposed under these rules for any disposal of hazardous wastes, on any land or
safety". interested or affected or
premises, and it shall be open for inspection during office hours to any person
WasteRules[Rule 5]: Hazardous w shall be considered as proof of
Authorisationunderthehazardous
Grant of Authorisation hazardous waste provided
under Rule 5 of the
ast a person authorised by him in this behalf. The entries in the register
wastes on such land or premises and
Grant of for handling grant of authorisation for management and handling of hazardous
Rules, 1989, is as under
-

the condition subject to which it was granted.

(Managementand Handling) treated, stored and disposed
in such facilitics, as maut
off only
1) Hazardous Waste shall be collected,
authorised for this purpose;
wastes, shall make
an application in
OnE Fo
recyclinghazardous
Every occupierhandling, or recycler
a
2)
State Pollution Control Board or
Committee, as the case may be, or a
I to the Member Secretary, authorisation
Control Board or Committee
for the grant of
officer designated by the State Pollution
any of the activities, treatment and disposal faci
a hazardous wastes
Provided that, an occupier or recycler not having
the jurisdictionassigned by the State lution Cont
of his own and is operating in an area under
Treatment, Storage and Disposal Facilh
Board or Committee, as the case may be, for
a common

and send his waste to this facility to ensure pron

(TSDF), shall become a Member of this facility
treatment and disposal of hazardous wastes generate, failing
which, the authorisation granted to t
said occupier or recycler in accordance with this sub-rule, may be cancelled after giving a reasonab
in the authorisation regardin
opportunityto such occupieror recycler, as the case may be, prescribed
sound manner of wastes;
management in an environmentally
3) Any person who intended to be an operator of a facility for the collection, reception, treatmen
disposal
transport, storage and application in Form 1 to t
of hazardous wastes, shall make an
Member-Secretary,State Pollution Control Board or Committee for the grant of authorisation for d
or any of the above activities specified in this Rule;
4) The Member-Secretary, State Pollution Control Board or any other officer designated by the Boarda
Committee shall not issue an authorisationunless it is satisfied that, the operator of a facility or
occupier, as the case may be, possesses appropriate facilities, technical capabilities and equipment
handle hazardous wastes, safely;
4-A) The authorisation application complete in all respects, shall be
processed by the State Pollution Control Board within 90 days of
the receipt of such application;
5) The authorisationto operate a facility shall be issued in Form 2 and shall be
down therein; subject to conditions la
6) i) An authorisationgranted under this Rule, shall, unless
the period of its validity as suspended or cancelled, be in force dun
specified by the State Pollution Control Board or Committee fron the d
of issue or from the date of
renewal, as the case may be.
ii) An application for the renewal of an authorisation,shall be made
in Form 1, before its
ii) The authorisationshall continue to be in force until it is expiry.
renewal or revoked;
 Author-Prot. Prakash K. M
114 Moku
CHAPTER-XI
115. Author-Prof. PrakashK.Mokal
"Environmental Impact Assessment"
The Earth Summitheldin Rio de Janerio, 1992, heldthe EnvironmentalImpactAssessment
as a National Instrument, which shall be undertaken for proposed industrial or huge project activities that
are likely to have a significant adverse impact on the environment and are subject to a decision of a
competent National Authority
(EIA)
defined by T. N. Khosh00 O0, a noed
"Environmental Impact
Assessment" (EIA) is Obiectives of EIA=
To involve the study of development options.
The term effccts of
under -

procedureforbringing
out the potential human ii) To ascertain suitable sites for location of development project.
means,a
environmentalist as

ii) To assign new and more effective pollution abatement devices to keep pollution below the
"Environmental ImpactAssessment" maximum permissible limit.
system
on environmental
activities under iv) To help in realising ethical norms to keep the environment pure and clean.
of ElA is
as
definition industrial or any otha.
comprehensive cconomic,
The most
implications of development, disasters or publi pDe
EIA is the study of
the environment
the potential ecological
imbalances,
Methods and toolsof EIA=
a view to prevent is carried through planned
a
scheme with or scheme The various methods and tools of EIA are summarised as under-
such development project
of project or alternatives, the El
that consider the
hazards and also to
ensure
considerations. In order to made by an of i) Checklist: preparation of charges, indicators and checklists.
Such EIA must be
environmental
in consonance with the or launched.
new project is commissioned
whether such proi
be made well before any EIA. Any project,
public project or private
or an independent
authorityproject, EIA
assigned with
is the
mandatory making
duty of and obligatory, because, such ElA examineeemem i)affect
Matries: The function
the environment.
of Matric is to explain the part of industrial or developmentalactivity ikely to
monuments, a river, human settle.
on forest, a
farm land, historical
impact of proposed project unique ccosystem, health of .he ii) Network: It is technical and scientificallyadvanced stage of ElA. It deals with the cause and effect
a
flora and fauna, fishery,
species of animals, wild life relationships relating to impacts.
village, rare
connected matters.
water system and other
population, drinking iv) Map over-lays: It indicates the best possible use to which different resources can be put.
(EIA)means,the assessment andanalysjsa
Thetem "EnvironmentalImpactAssessment" environment. Betore undertaking mai ElA constitutesthe
important and essential method or tool of environmental engineeringand ElA also
helpsin avoidingecologicaldisastersor industrialaccidents,which are detrimentalto public health, safety
thepotentialimpactof variousformsof humanactivitieson the study the ecological conditionsi and environment.
Government authorities and private persons
developmentprojects,the effect on environment. If a project
undertaken, what will be the
the said development project is the economic benefits and othe
authorities and concerned departments
asses
proposed, the govemmental to the villagers, benefits accrued by that project, ete=
aspects, such as, land acquisition, compensation has concentrated on the environment. It is the
However, upto the latest period, no governmental authority
latest development in the Environmental Law that people became aware of the effects of the proposed
the proposed developmen
project. In several the environmentalists agitated and protested against
arcas,
several environmentalist
projects. When the Government of Indiaproposed to construct Narmada Dam,
Patkar fomed "Narmada Bachao Andolan" and agitated against it.
under the leadershipof Dr. Medha
took the attention of the entire world.

Thus, "Environmental Impact Assessment" (EIA) is a procedure by which the effects on the
environmental is calculated. How the proposed project will have effect on and
flora
forests and human beings, etc. can be assessed. Formal studies of existence, environmental conditions and
fauna, animas,
expected changes are commonly required to be assessed before major developmental projects, such as
water diversion or mineral extractions are undertaken. The results of ElA are presented in the form of
Environmental Impact Statement. It is useful for discussion among the various levels of Government
with additional inputoffrom environmentalorganisations and the general public. Such discussion may lead
the abandonment
toreduce the environmental the effects.
project. Sometimes, the project may be modificd or reduced in another shape to
In theory, a project should only be allowed to proceed if the
Assessment indicates minimal environmental Impa
disruption. However, in some cases, socio-economie and
political considerations are taken into account. Such considerations override the
environmental factors.
 Author-Pro Prakash sh K. Moka
116

plinth area shall not be towards seaward side of

117. Author-Prof.Prakash K. Mokal
existing unit
CHAPTER-XIY

and also subject to the approval of

Pollution Control Board or Pollution Control Committee"; State
Coastal Zone Management
iv) setting up and expansion of units/mechanism for disposal of wastes and
required for dischargingtreated effluents into the effluents, except facilities
water course with
(C.R.Z, 5 and Control of Pollution) Act, 1974; and approval under the Water (Prevention
Regulation Zone and Section (2) (v) f the except for storm water drains;
Prohibitedactivitieswithin Coastal
Government under o nt Protection) Rules, 1986
v) discharge of untreated wastes and effluents
1Ssued by the Central ine
activities from industries, cities or towns
Environment(Protection)Act, 1986 and Rule 5 (3) of the EZone (CRZ), and thereby
Coastal settlements, Schemes shall be implemented the and. other human
if by concerned authorities for phasing out the
existing
Oastal Stretcheshave been declared as
Coastal Regulation
againo.
practices, any, within a reasonabletime period not
exceeding 3 years from the date of this Notification;
Regulation Zone have been regulated. had imviteu 0ojections
Govermment
the CR2e vi) dumping of city or town wastes for the
In order to restrict these activities, the Central
and operations
and
process in and Z purposes of land filling or otherwise; the existing practice, if
declaration of Coastal Stretches as Coastal Regulation Zone dated December, 1990. any, shall be phased out within a reasonable time
not exceeding 3
accordingly, a notification was published S.O. No.
vide S.O. 944 (E),
No.yate the
15 years form the date of this Notification;
publishedvide the Central Government, in
I hereafter, on reca:
Thereafier, on receiving objections and considering the sa Environment (PTotection)Rules 1 exercise vii) dumping of ash or any wastes from
thermal power stations;
(5) ofthe 1986
of
powers conferred by clause (d) ofsub-rule(3) of Rule Government
declared that,the
Coastal Stretche
of
viii) land reclamation, bunding or
disturbing the natural course of sea water, except those required for
vers Vvesting
in its behalf, the Central
influenced by
tidal action (in the lan construction of ports, harbors, jetties,
seas, bays, estuaries,creeks, rivers
s and back-waterswhich
and back-waters which arem are ward facilities that are essential for activities wharves; quays, slipways, bridges and sealinks and for other
500 metres f andthe land between the Low de Line (LTL)an permissible under the Notification or for
clearing of water ways, channels and ports or for constructedofof coastal
SIde)
to00 upto metres from the High Tide Line (HTL) erosion and maintenance or
from the aare Or ne Notification
ugn ideto Line (HTL) as Coastal Zone, and imposed with the effect ingress and sweet water prevention salinity
rererred above, certain restrictions on the setting up and expansion or mausurnEs, operations an
and recharge;
process, etc. in the Coastal RegulationZone (CRZ) have beenimposed. ix) mining of sands, rocks and other substrata
For the purposes of the above said Notification, the High Tide Line means, tne nne on the side of the CRZ areas; materials, except those rare minerals not available outside
land upto which the highest water line reaches during the stride tide. The High Tide Line would be Provided that, in the Union
permitted by the Committee which Territory
of the Andaman and Nicobar
demarcated uniformly in all parts of the country by the demarcatingauthorityor authoritiesso authorized shall be constituted the Islands, mining of sand may be
oy the Central Govemment, in accordance with the General Guide Lines issued in this regard. Nicobar Islands consisting of Chief by Lieutenant Governor of the Andaman and
Secretary, Secretary Department of Environment,
Department of Water Resources, and Secretary
Accordingly, the Central Government declaredas the followingactivitiesprohibitedwithin the Coastal Public Works Secretary
of sand from
non-degradedareas for constructionpurposes from Department. Committee may permit mining
Regulation Zone.nanmely case to case basis, for a selected sites, in a
1) Setting up of new industries and expansion of existing industries, except these directly related period upto the 30th day of regulated manner on a
front or directly
to water shall not exceed the essential
requirements
September,
for completion of
2000. The
quantity of the sand-mined,
needing foreshore facilities; shops in respect of half yearly constructionworks including
of mining of sand requirementof 1999 2000 and 2000 2001 annual dwelling units,
in) manufacturingor handling or be plan. The permission
Government of India in the
disposal of hazardous substances as specified in the Notifícationsof the may given
have no adverse impact on the
on the basis of the
mining plan for such sites in such quantity which shall
S.O. 966 (E) dated 27th
Ministry of Environmentand Forests No. S.O. 549
(E) dated 28th July, 1989 environment.
November, 1989 and GSR 1037 (E) dated 5th December, 1989; x) harvesting or drawal of ground water and
"except transfer of hazardous substances from ships to
the port areas: ports, terminals and refineries and vice versa, in HTL, in the 200m to 500m zone interest construction of mechanisms, therefor, within 200
Provided that, the Government of India in wells for
shall be
permitted only when done manually throughmetres of
drinking, horticulture,agriculture,and fisheries:
basis, may permit storage of the the Ministry of Surtace ordinary
Transport, on a case to case Provided that, drawal of
petroleum
Notification within the existing port limits of products as
specified in Annexure II appended to this when done manually through ground water is
permitted, where other source of water is
no

have not been classified as existing ports and harbors and in those areas of ordinary wells or hand pumps, for available and
CRZ-I ports that
zone between 50 to
200m from High Tide Line in drinking and domestic
issued by 0il Safety Directorate subject to implementationof safety case of rivers, creeks
restrictions,as may be deemed necessary, in areas affected
purposes, in the
in the Government of regulations including and back-waters
guidelines by sea water intrusion that may subject
to such
ensuring proper location of site and India, Ministry of Petroleum and
Natural Gas after
an
authority designatedby State Government/Union be imposed by
exigencies arising due to any accidentavailabilhty of
necessary equipment to meet the Territory administration.
or
spillage"; safety norms and tne xi) constructionactivities in
ii) setting up and ecologicallysensitive areas specified in Annexure I of
natural fish drying inexpansion
as
of fish this Notification;
processing units including xii) any construction activity between the Low
permittedarea):
Provided that, existing fish warehousing (excluding hatchery ano carrying treated effluents and waste water Tide Line and
High Tide Line, except facilities for
additional plinth area required for processing units for
modernization purposes may purposes, oil, gas and similar pipe lines discharge
into sea, facility for
and facilities essential for carrying
additional sea water for
to
existing Floor Space Index -Floor equipment and utilize 2 cooling
Arca Ratio pollution constructed Notification;and activities permitted under this
noms, and
subject to the condi measures only subje
the additional
 118.
Author-Pro,Prakash K, Author-Prof Prakash K.Mokal
dessing
Ocautitication.
or
altering and
reereational
of sand dunes, hills,
other such purposes.
natural fcatures imclhuding ndscape charg
except as pemissible under the Notif+cation
119
CHAPTER- XV
Regulation of permissibleactivitiesin CRZE
Audit and Eco-Marks"
the
following activities, exeept those prohibited in 2 in the Notitication published Vide S.O. N
No. 944
(E) dated I15h
December. 1990 are as tollows
para
Environmental discussed
audit has been
environmental
to
i.c. the provisions relating aPpropriate places.
on activities related to Detence reauirements tor which toreshore taeines re essential ( "environmental audit""
in this book at their
slipways, jetties. ete.). (ie (he topie enactments (i.c. Acts) which are given
tor classified operational component ot detenee projects for whi
which under various legislative
separate procedure shall CNcept
be followed. (Residentialbuildings,otlice buildings, hospital comple
olexes, Students are adviscd to refer the same)
ps Snal not come within the detinition of operationalrequirements,eNCept cy >peell cases,ork
hence. shall not an
u
(Eco-Mark Products).
nomally permitted in the CRZ).
be Eco- Marks:
the varius marks used for labelling of Environment Friendly
Products
for any accredition or
These are bases
national and provide
basically used on a
Operational constructions for ports and harbors and light houses and construction tor aetivities. such as Eco-marks or Eco-norms are
even consumer products
which meet certain environmental

jetties, wharves. quays and any kind of

households, which is
slipways: standards for that product. Any product
recognition, be it for
requirenments of the Indian the
ehat for expansion or modernization of existing ports and harbors including tishing criteria along with the
quality reduces the harm it
would otherwise cause

in a way that signiticantly

arbors operational constructions for ports and harbors and construction ot jeties, Wharves, quays made. used or disposed of
product.
Sipways, Single point mooring and single buoy mooring and for reclamation tor Tacnties environment, is considered as environment friendly incentive for
esscntial for certain objectives like. to provide an
is generally used to obtain
operaonal requirements of ports and harbors in areas within the existing port limits, except the areas
Classified as category CRZ-I
Eco-mark
reduce adverse environmental impact and ultimately. to improve the quality of
manufacturer to
(i). shall require environmental elearance from or
nistry of Surtace. which shall take Goveninent lndia in the
environnment and to encourage the sustainable management of resources.

decision on these activities

the ot on basis Environmental Impact
Assessment Report:
Provided further that. reclamation for commercial
purposes. such as, shopping and
housing
complexes, hotels and entertainment activities shall not be permissible:
iii) Thermal power plants (only foreshore facilities for
cooling water and out fall for
discharge
transport of raw materials, facilities for intake of
of treated waste water/coolingwater); and
CHAPTER-XVI
iv) All other activities with investment
exceeding rupees five crores, except those activities which are to
be regulated by the concened authorities at
provisions of
the State/Union Territory level in accordance with
the
Disaster EmergencyPreparedness*"
paragraph 6. sub-paragraph(2) of Annexure I of the Notif+cation".
Para 3 (3) (i): The Coastal State/Union
Territory administration shall prepare, within a period of one year With floods sweeping through major cities all over the world, disaster preparedness or management is the
from the date of this Notification. Coastal Zone need of the hour.
areas within their
Management Plans identifying and classifying the CRZ Disasters are either natural, such as floods. droughts,
respective territories in accordance with the guidelinesgiven in Annexure I and II of the such as riots, conflicts, refugee situations,
cyclones, and earthquakes, or man-made
Notification and obtain approval (with or without and others like fire, epidemics. industrial accidents. and
modifications) of the Central Government in the environmental fallouts. Often, the difference berveen thenm is
Ministry of Environment and Forests: marginal.
Para 3 (3) (ii): Within the framework of such
approval plans, all development and activities within the Mass Disaster means. a disaster or calamities on a large Scale. The
CRZ. other than those covered in disaster in the
Union Territory administration or the
para 2
and para 5 (2) above, shall be regulated by the State Government environmental is spread over a vast area. ecology and
local authornty,
guidelines given in Annexures I and II of the Notification; and
as the case
may be, in accordance with the The mankind had witnessed in the
past sometimes and in recent years. times,
Para 3 (3) (iii):In the interim
period.till the Coastal
catastrophes
their
and disasters, both, natural, and
man-made have shaken the faith of the
many a a series of

above zone ManagementPlans mentioned in 3 (3) 0 capacity to manage their own affairs, people of the world,
are

provisions
prepared and approved, all
of this Notification. State
developmentsand activities within the CRZ shall notpara
violate the
especially in the
It high time that people learm some basic lessons. not event of a massive disaster.
is a

these regulations
GovernmentsSnail
and Union
Teritory administrations shall ensure the natural disasters
like floods and only to survive, but to live truly. In fact, some of
adherence to and violauons, any,1T de
subject to the provisionsof the mother-nature. earthquakes might be attributed to man's atrocities
(Protection) Act. 1986. Environmen the against
he victims of mass disaster are
property When mass disaster large numbers. There is a considerable
very in
occurs; it needs instant loss of
OCCur anytime, and the factors attention to avoid mass casualties. human life and
collapse, etc. responsible for The disaster can
occurrence of disaster are
Mass disasters are - earthquake, storm, building
of two types. They are
1) Natural disaster.
 Prakash K.Mokal
120. Author-Pro,PrakashK. lokal 121.
Author-Prof,

take safety
measurc*
2) Man-made disaster. enough to alert them to
should be sufficient
t
disaster or accident. the deveiopi
1) Natural Disaster: their to person and
property.
they can
understand
the
further loss that
waves, Tsunami all the details
about the disaster so
should
reach

ns, the disaster caused by the nature, For e.g, carthquake.tlooding People must get
to take safety mcasures.
detailed
information

waves, landslides, themselves the

avalanches, volcanic eruptions, disaster and prepare systei
as

occur due to
Crc
Metrological or Hydrological phenomena
nke
Windstor
torms, Thus, there
should be an efficient announcement

snowstorm, aiso
cyclone, flood, drought, femine, epidemics,cc public casily. the
needs
and

order
order to identity
1deny nedical

2) Man-made disaster: of the Concerned People -

out in
Activation must be carried force, no hould
should
It means, ol the damage due disaster,
to security
the disaster caused
by the man-madce cquipment. ro A rapid
assessment

fire-brigade, reserve police force, organizanoS,

The number of causalities
in a mass disaster, depends upon type
f disaster. place oI
occurrence of resources. Ncarby police
station,
Non-Governmental
service
voluntary
table.
Governmental and
disaster, the population of that area, type of environment, erc. sta1,
and para-meaical
patrachable to control the disaster and
the
trattico Hospitals casiy
Hospitals should be and
should be
treat an
the
ent must be when such disaster
takes place. The nearby team tO
Tceci
he
Planning Conmmission in India has taken the right view in maintainingtnat nc nere 1s always ChaoS medical and
para-medical
considered as just another sector of national development. It should form a erucial g rplans and can make arrangement for blood,
so
that they
programmes in each sector, including Disaster Management Plans. casualties.
e operations.

of the command
nucleus
and post-disaster cua
Disaster Management Policy has to assure a new dimension hitherto missingm
This transformation to come about partuy
ouro pians
auc nc
and legal
awareness
Formulation
management plan includes pre-disaster
preventive
governmental agc rce
concerned by the TCSu
disaster
uanons. in the policy is expectcd The
to the people details of the
initial alert given complete
brought about by International NGO's like AMDA. Thus, it includes
The plan should give
and cover the nitherto unregulated actively working for the plan. entral
TCcent legislative measures in many countries are wide ranging of toxic
NGO s, etc. command
nucieus (1..
Such as hazardous process of manufacturer, hazardous micro-organisms,transportation mobilization.
of the dnd
Telas, management plan also includes the
formulation
disaster
remedies). All
concerned

chemicals and provision for disaster planning. ne

aisaster and wounacd

equipment for disaster prevention care of the affected.

The 15" World Conference on Disaster Management held in June, 2005 brought together expers moDliZing to take
d0 operation should be allowed
the disaster management
from across the globe in order to listen and learn, plan and prepare, educate and exchange vicws on the mvovcd nhumanitarian grounds, irrespective of their caste, creed, race or rengio
learned from people, on
lessons to be
of December 26, 2004, a
all disciplinesof disaster and emergencymanagement.Followingthe tsunami
Ministerial Committee and Task Force (MCTF) were set by the Government of
ot earth-quake,
Responsibility of the State- in sudden disaster
India, and a National Disaster Management Centre (MDMC) was established to facilitate and co-ordinate he Disaster Management by the State is a very
important aspects
heat waves, tfemines.
epidemics,
volcanic eruptions, fire.
emergency relief work. 1loods, drought, tidal waves, land-slides,
and resettlement, economic Storm, emergency of
war, etc.
The disaster management experts deal with housing, reconstruction building collapse, heavy rainfall, water logging, during which takes the responsibility
of
livelihoods, health and psycho-social issues. State specially formed Disaster Management Department alert.
ne has
disaster and its management. The Disaster management Plan as discussed
above. includes initial

of the conmand nucleus, etc.

Management of disastercan be dividedintothefollowingtasks: activation of the concerned working for the Plan. formulation
people
1. Mitigation of the negative impact of disaster.
2. Immediate rescue and relief. PublicInterestLitigations: bccause of environmental imbalance. climate change. soil erOsion, torest
Mass Disasters occur mainly
3. Rehabilitation. degradation, etc. Public Interest Litigation as a tool for dealing with the problems of disaster victims.
4. Documentation and learning for the future. Judicial Activism and Public Interest Litigation can become very handy instruments in the course ot

Disaster Management Plan: administration of environment justice and affording relief to the disaster victims.
The Disaster Management Plan includes Initial Alert, Activation ofthe Concerned People working for Kinkere Devi s. The Stare of Himachal Pradesh -
etc. The Plan should give complete details of the In
the Plan, Formulation of the Command
Nucleus,
this casethethecitizens
duty on
Himachal Pradesh High Court
observed that Article 48A in the Indian Constitution castes
resource mobilization.
a not only
butimprove the environment and to preserve and sateguard
to protect to
the forests, the flora and fauna, the rivers and lakes and all other
waters resources of the country. The
Initial Alert- Court warned the neglect and failure to abide
the possible prospective disaster gIven to the general public so to make them
by the Constitutional pointer or to confirm the duty 1s
Initial Alert is a warning of nothing short of betrayal of the fundamental law which the State and
steps, precautions to prorect themselves and their property from such disaster to uphold the mandate. The idea of every Indian, high or low, is bound
alert to take all possible extending legal protection of the pollution victims in environmental
occur or for sure to
occur.
cases is finding its acceptance
which might
made in a simple language or diagrams, letters or figures. It should be
through Public Interest Litigation, which has
This Initial Alert should be loud,
a and
mechanism in the field of environmental
protection.
as a emerged developing
precise, concise and clear enough and should be Kep at conspicuous place, audible, readable the Mass Disaster In Bhopal Gas
Tragedy (1984):
so that all peopie around Shouid have the knowledge of the place and time of
reachable to everybody,
 The Author- Prof, Prakash Author-Pro, PrakashK. Mokal
Bhopal disaster of 122. industrialda
1984 is the biggest ever man-made disaster in the history of
e biggest ever
man- disasto 123.
UnionSster Was caused
by the accidental releasc of Tonncs ot
Carbide India Limited. 40 lant of
On
3 December, 1984, a CHAPTER-XVIII
over healcd, and as
methyl Isocyanate gas tank,
was
Iores Methyl Isocyanate gas,
which stores a
tOxiC as such, it remained at the o
es
evel. The
gas passed
was releascd. This
isreleased. gas
gas was heavier than air.
heavic and killed thousands of people; ground Forest
ne transportationsystemthrough the surroundingstrcets ot tne at a time,
of the arca pra nd and died trylnS o
caths and serious injuries were collapsed. People were
trapp escape. Tha
related to pulmonary edema. The gas caused
wide
variety of 5 and Section 80)
injuries. other 1) Greenery
Conservation Laws -
Forest At, 1927 (Ch. 1 to

Forest
Conservation
Rules,
1701/
Symptoms of Methyl IsocyanateGas: 2) Forest
Conservation -
Forest Conservation Act, 1980;
Inhaling Methyl
of
unconsciousness.ThisIsocyanate
unconseiousness.Thie gas, causes cough, dyspnea, chest pain, lacrimation, eyelid cdema
gas, causes
synmptom follows for next 24dyspnea, urs. and causes acutc lung and
3) Conservation Agencies.

withhours anatc Gas. played injuy

r Bdath The mixture of other gases Methyl Isocyanate played aa significant
significant Forest Act.1927;
usaster of
Bhopal. when
such a disaster occurs, immediate medical help shouid DE povucu to
nuisance. stopthe
Communicationis the most important factor in disaster Forest(Conservation)Act, 1980;
e master can be held absolutely liable for failure to take due caremanagc
to avoid the c nerbs,
be made
criminally
liable to avert such a disaster. mistap ownerS
must Forest (Conservation)Rules,1981: 1.e.
trees,
These are the Medico of nature to man, rather to living
beings. Forests variauoo
Forests are very valuable gift produces
climatic
legal aspects of Bhopal Gas Disaster. effect on climate.
Elimination of forests
nave a moderating
Sass, ccamplitude; make an arca
io

Agencies uniteon November,8,2008 to imparttrainingin disasterresponse greater from hot to cold and wet to dry, thereby
inis nas
welve national and international agencies have got together to organize the wunbai Emergency vegetation. foris'. which
means
'outside.
is derived from the Latin word o
Management Exercise (MEMEX), which strives to
deliver state-of-the-arteducation and practical training
ne
word forest'
and uninhabited
land. Torest

in urbandisaster response. boundaries or fence. It included all uncultivated

Tererence to
village and have wild life Iiving in t.

Educational training includes ) series Jungle' is a collection of trees, shrubs, herbs, grass naturally
preparedness,iii) advanced trauma care, iv)
workshops focusing on
of pre-hospital
care, i) hospital
disaster Technically, forest has been defined as:
monitoring and evaluation methodology. I hnis is perhaps, the timber and other forest prOduceor maintaiuc
a)n general): An area set aside for the production of
Iirsttime India will be
witnessing and Emergency PreparednessDrill involving an entire city. it provides,i.e. climateor proteev
Dial 1298 for
Ambulance, Lifeline Foundation, All India Disaster Mitigation Institute, Public Health underwoodyvegetationfor certainindirectbenefitswhich
trees and otherwoody vegetation,usually wiln
Foundation for India and Times Foundation. are the involved in the Dn ecology): A plant community_predominantly of
Indian agencies training programme
The international partners are - Harvard Humanitarian Initiative. New York closed canopy: and
Presbyterian,the
Universiry
-

Hospital of Columbia and Cornell, as well as, American Foundation. c)(Inlaw):An area ofland proclaimedtobe a forestundera forestlaw
forests are the renewable resource. They are useful directly, as well as, indirectly. Directly, they
StudyCourses
Anyone who has completed 10 +2 is eligible to enrol for most
of the Disaster Management provide wood, timber, fuel, medicines, fruits which has commercial and industrial value. such as,
courses which designed to introduce students to the key concepts and practices of disaster
are newsprint, rayon, bidi leaves, gums, resins, dyes, tansy, charcoal, etc. They also provide employment to
management, to equip them to conduct through assessments of hazards, risks, vulnerabilityand capacity. the people. Indirectly, forests preserve the physical features of land, check soil erosion, mitigate floods,
and to be able to critically evaluate and apply key elements
of planning and management for the effective help streams flow perennially, and thus, help agriculture. But the most important effect which forests
produce is to protect and preserve our environment through green and leafy vegetation and wildlite. This
response to emergencies and disasters.
significant effect of forests is sometimes temed as social function of the forests. The
Some courses are designed in particular for professionalsin the areas of
emergency planning and forests significance of
risk assessment, community development, humanitarian aid, was felt by man very early on the way to civilization. Our ancient literatures are full of reference
capacity building and associated professions about forests. However,
systematicattention towards forests was paid during British rule in India, but not
to enhance their professional qualiticationsand gain an
improved understandingof contemporary issues from the point of view of
environment,but from the point of view of trade and commerce.
in disaster managerment.
Openings are mainly found in some government and non-governmentagencies. Large industrial
establishments, particularly those in high-risk fields like chemicals, mining and petroleum have disaster
management cells. This is due to our law of strict liability (reter to author's "Law of Torts" Chapter on "TheIndianForestAct,1927"
Strict Liability' especially with reference to Case Law M. C. Mehta
v/s. Union of India). The
(ChaptersI to Vand Section 80)
International Red Cross and some UN Organisationslike the World Bank and ADB also enmpanel trained
professionals for working on humanitarian missions to handle major calamitiesand emergencies.
"Forestproduce"(S. 2 (4:
Chapter-
Section 2 (4) of this Act defines
forest produce as follows -
 **forest produce" includes Author-Pro1.PrakashK. Mokal Author-Prof, Prakash
K. Mokal
124. 125. O
)he from appointing any number Or
1ollowing whether found or brought from forest or not, that
IS to Say
DCr, chare 3) Notning
in tnis >cction shall prevent the State Government
holding any torest-oi
ud in,resin,
Caoulchouc, catechu, wood-oil natural from a
1orcst
varnish, bark,olac, mahua tlowers, manlea sceds (. three, more than one of whom slhall be a person
no this Act.
und myrabolams, and (kuthy excceding
aforesaid, to perlorm the duties of a Forest
Settlement-Officer under

b) the
ollowing when found in, Or broughi from a forest, that is to say i) trees and lcaves, flowere. the
or
brought from a lorcst, 1aid or over

S.5:Bar of accrualofolforest-rights=
in
Iruits, and all other
under Section 4. no right shall be acquired in or
parts or
produce not hereinbeloree Irees Notilication
the ISsue a
or contract wig
ncding grass, creepers, reeds and moss).,and all parts Or
e of such plants, i11) Ild
animal
AlCr

by succesS1on or under a grant was

vested wic
pro in whom such right
such Noilication, cxcept
nd skins, tusks. horns, bones, silk, or r roduce of animals, comprisea In Government or some person
lnd iv)pcat, surface
and wax, and
oil, rock and minerals honey
cocoons, (including lime-stone, alaterile, inc
mineral oil and entcred into, by or on behalf of the D
for any other purpose sna tis
all producr was ISsucd, and n0 fresh clearings for
cultivation or
Government
in
Dea
ol mincs the State
or
qquarTies). Nolilicaton
in ccordance with such rules as may be
made by
such land, CXCCpt
OI "lorest produce" is divided into two parts. Part a) ncludes tnose tems which

Settlement-Officer= snail pu
S.6: Proclamationby the Forest
aurc, arc the products of forest, whcther they are found im torest Or nol, or brouph Settlement-Ofticer
Forest
has been issucd under Section 4, the tncrcll,
d

Irom a forest or The timber, resin, lac, ete. a Notilication

of the land comprised
not.
imples ol such items are bark, natural varn1sh, whcn town and village in the neighbourhood
vernacular in every
D o1 the dcfinition incudes those items which are found in or brought rom ne Torest, h In the 1ocal forest,
ncludes trces, leaves, fruits, lowers, wild animals, their skins, tusKS, TOc ver is proclamation and limits of the proposed oi
suc
as nearly as possible, the situation
on the reservation
Ound brought to a) specilying, provided, will
ensue
orfrom a forest forest produce. On the ground that,
is a is landin
"whatever atlacheu ne conscquences which. as hercinafier
Dart of it("quiequid planta nr solo sato cedit "). IM a piece of land is declared 1oDe a lorest land DCxplalning
forcst; and proclamation, and ret
"ES ErOwing, cxIsting or subsisting thereon is a forest produce. "W00d oil produced by
than threc months from
the date of such
a period of not less 5 within such perioa elnct
xIng or Section
lanlcturing process is a forest produce. Katha is a forest produce. mentioned in Section 4
any right D to
CYy person Caiming
Setulement-Officer, a written notice specify1ng, appcar (i1
or
any)
Claiicu

to the Forest
present of the compensation
and particulars
right and the amount

Chapter- stare
ne nature

in respect thercof.
of such

(Seetions 3 to 26)
6, and
bythe ForestSettlement-Officer
Section
made under
S.7: Inquiry writing all
statements

Reserved Forests" F'orest

he
shall take down
Scttlement-Officer
preferred
in
under that Section, and thee
existence

at some convenicnt place inquire into all claims duly 6 so lar Scction as the same may
The Forest Act, 1927 makes provisions with regard to four kinds offoress. They arc rescrvcdreserved
forests, Shall mentioncd in Section 4 Section 5 and not
or
under claimed
likely to be acquaintea
Villagc 1orcsts, protected forests and non-government (private forests). The proviSIOns rekating to
O1 any rignts Irom the records of Government and the
evidence of any persons

Torests contained in Scctions 3 to 26; village forests in Section 28;

arc protected forests in Sections 29 to De

Wilh
scertainabie
the same.
34 and non-government forests in Sections 35 to 38.
S.8: Powersof ForestSettlement-Offcers=
that is

may exercise the follow ing powers,

S. 3:Siate
Power to constitute the Forest Settlement-Ofticer
m1ayreserve lorests- purpose ol
ror ihe such inquiry,
The Government constitute any forest-land or waste-land which is the property ol Cioverninent
to say- and to
has proprictary ights, or to the whole or any part of the Toresl-procduce
of authoriscd by h1m for the purpose, upon any land,
or over which thc (iovernment ") power enter, by himsell or any ofTicer
lo
forest in the manncr hereimalter provided. the and
entitled, of
Survey, demarcate and make
same:
which the Covernment is a reserve a
map
b) the powers ol a Civil Court in the trval of suits.
S. 4: Notificationby State Government= reserved lorest, the Stale (iovernment shall issue
constitute any lind a
D Whenever il has been cdecidcd t0
Gazcltc
S. 9: Extinctionof righisof which claim has been prelerred under Section 6, and of the
no
existence o
a Notilication in the Oflicial Rights in respect unless before
been decided to constitule such land a reserved forest; which no knowledge has acquired by inquiry
been under Section 7, shall be extinguished.,
a) declaring that it has and imits of such land; and the Forest Settlement-
as possiblc, the siluation the Notification under Section 20 is published, the person claiming them satisties
b) specilyimg, as ncarly called "the Forcst Scttlement-Officcr") to inquire
into and under Section.
an olficer (hcrcnalter oficer that he had sulicient cause for not preferringsuch claim within the period fixed
c) appointing ol rights alleged to Cxist in favour of any person in
dcterminc the existence, nalure
and exlent any
to deal with
any land compriscd
within such hmils or m or over any forest-produce,and S.10:Treatmentof elaimsrelatingto practiceofshiftingcultivation-
or over
1) In the caseof a claim relating to the practice of shifing eultivation. the Forest Settlement-Officer shall
in this Chapter.
he samc as providcd to describe the limils of the forest by record a statement seting forth thhe particulars of the claim and of any local rule or order under which the
Explanation - For the purpose o
cliusc D),
l sUall DC sulliciCnt
boundaries. practice is allowed or rcgulated, and subit the statement to the State Governnment. together with his
well-known or readily intclligible
or other
roads, rivers, ridges 1), Siall ordinarily, be a person not hokling any opinion as to whether the practice should be permitied or prohibited wholly or in part.
under clause c) ol Sud-sceOn
2) The officer appointed the Forcst Settlement-Olicer.
2) On receipt of the statement and opinion, the State Government may make an order permitiing or
forest-office except that of prohibiling the practice wholly or In part.
 Author-Prof. PrakashK

arrange
Mok
for i rightsadmitted
127. Author-Prof. Prakash K. Mokal
126.
ay 5: ExerCiseo1such
Forest
Settlement-Oticer

making
record the Forest
Settlement-Officershall, to the best of his ability, having duc
3) f such practice is permitted wholly in part, the ) A
or
land of
sutficient.

extent, of a the maintenanceor the reserved forest in

respect of which the claim is made, pass such orders as
exercise
a) so as
to
exclude
the
claimants,
or regarrethe continuedexercise
l ensure the
of the rights so admitted.
by altering the limits of the land under settlement
the
purpuarately
of
demarcatca,
purposes

givin and this Forest Settlement-Officermay-

purpose t
Suitable kind, and i locality reasonably convenicnt for
a
be Sep as he conditions, 2)
2)
For
Foef out some other forest-tract of sufficientextent, and in
D) by causing certain portions of the land under settlemen
thercin, undersuch
may niurpOose of such ciaimants, and record order conferringlocalitythem
reasonably convenicnt, 1or tne
a

permission to the claimants to practice shifting cultivation

an
upon toa right of pasture or the
prescribe. evious
sanction of the
State forest-produce(as the case may be) to the extent so admitted; or
subject SO alter the limits of the
proposed forest as to exclude forest-land of
4) All arrangements made
Government.
undersub-section(3) shallbe Suoycet to contra locality reasonabiy convenient,for the purposes of the claimants;or sufficient
extent, and in a

deemed a
priviiege o,
5) The practice of shifting cultivation, shall in all cases, be Tecord an order, continuing to such
claimants a right of pastureor to
restriction and abolition by the State Government.
)
may be, to the extent so admitted, at such seasons, within
ma
forest-produce,as the case
such portions of the proposed forest, and
under such rules, as imay be made in this behalf by the State Government.
Powertoofacquirelandover whichrightis claimed-
S.11:the right of way
or ignt O pasture, or

1) In case a claim to a right in or over any land, other than a

shall pass
an order
admitting or S.16: Commutation of rights.
Tignt to torest-produceor a water-course,the Forest Settlement-Oficersiu
the Forest
Settlement-Officer

In case the Forest Scttlement-Officer finds it

impossible having due regard to the mantenance
in the whole
urse, o
4)the same
It such claim is admitted in whole or in part. the Forest Settlement-Officer shall ei the
reserved forest, to make such settlement under Section 15 as shall ensure the continued exercise of the

to the shall, subject to such rules as the State Government may make in
i) exclude
such land from the limits of the proposed or
forest,
said rights extent so admitted,he
his behalf, commute such rights, by the payment to such persons of a sum of money in lieu thereof, or by
this
) come to an
arrangement with the owner thereoffor the surrenderor nis the grant of land, or in such other manner as he thinks fit.
Land AcquisitionACl, 1074
procccd to acquire such land in the mannerprovidedby the
3) For the purpose of so acquiring such land
Settlement-Officer shall be deemed to be a Collector for proceedings
under the
Land s.17:Appeal from orderpassedunderSs.11,12,S.15 or 16
Any person who has made a claim under this Act, or any Forest-Officer or other person generally
ne Forest
AcquisitionAct, 1894; or specially empowered by
the State Govemment in this behalf,
may, within three months from the date
before him in pursuance ofa
to be a person interested and appearing claim by the Forest Settlement-Officer under Section 11, Section 12, Section
c Climant shall be deemed
notice given under Section 9 of the Act;
of the order passed on such

) the provisions of the preceding Sections of that Act shall be deemed to have been complied with; 15 or Section 16, present an appeal from such order to such officer of the Revenue Department,of rank
not lower than that ofa Collector, as the State Government may, by Notification in the Official Gazette,
and to hear appeals from such orders:
d) the Collector, with the consent of the claimant, or the Court, with the consent of both parties, may appoint
Provided that, the State Govenment may establish a Court (hereinafter called the Forest Court)
award comnpensation in land, or partly in land and partly in money.
composed of three persons to be appointedby the State Government, and when the Forest Court has been
so established, all such appeals shall be presented to it.
S. 12: Orderon claimsto rights or pastureor to forest-produce
In the case of a claim to rights of pasture, or to forest-produce, the Forest Settlement-Officer shall
pass an order admitting or rejecting the same in whole or in part.
S. 18: Appeals under Section17=
1) Everyappeal under Section 17 shall be made by petition in writing. and may be deliveredto the Forest
Settlement-Officer, who shall forward it without delay to the authority competent to hear the same
S.13:Recordto bemade bythe ForestSettlement-Officer- for
The Forest Settlement-Officer, when passing any order under Section 12, shall record, so far as may be 2) If the appeal be to an officer appointedunder Section 17, it shall be heard in the manner preseribed
practicable,- the time being for the hearing of appeals in matters relating to land revenue.
a) the name, father's name, caste, residence and occupation of the person claiming the right;, and 3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the
the parties,
b) the designation, position and area of all fields or group of fields (if any), and the designation and neighbourhoodof the proposed forest for hearing the appeal, and shall give notice thereof to
position of all buildings (if any) in respect of which the exercise of such rights is claimed. and shall hear such appeal accordingly
of the members of such
4) The order passed on the appeal by such Officer or Court, or by the majority
S.14: Record wherehe admitsclaim
If the Forest
Court, as the case may be. shall, subject only to revision by the State Government,
be final.
admits in whole or in part, any claim under Section 12, he shall
Settlement-Offi
also record the extent to which the claim is so admitted, S. 19: Pleaders
specifying the number and of the description
cattle which the claimant is from time to time entitled to graze in the this Act, may appoint any
forest, the season during which such The State Govennnent, or any person who has made a claim under
pasture is permitted,
the quantity of timber and other forest-produce which he is its his behalf before the Forest Settlement-Officer, or the appellate
from time to time person to appear, plead and act on or
authorised to take or receive, and such other particulars, as the case Officer or Court, in the course of any inquiry or appeal under this Act.
may require. He shall also record
whether the timber or other forest-produce
obtained by the exercise of the
bartered.
rights claimed, may be sold or
S.20: Notificationdeclaringforestreserved=
When the following events have occurred, namely
 Prakash K.M. Moka 129. Author-Prof. Prakash K. Mokal
Author-Prof,
claims (if any)
fells, girdles, lops
or burns any tree or strips of the
128. claims have
elapsed
and all
Settlement-Officer;
made bark or leaves from, or otherwise damages, u
same
for preferring Forest
Section 6
of by the
for appealng trom the ora arries stone,
quar.
bums
nc or
Charcoal, or collects, subjects to any manufacturing proceSs,
a) uCperiod
fixed under
9 have
been disposed Section 17
have removes any forest-produce; o
that Section or
Section
the period
limited by within such
period
been
under claims have
been made,
(ifany)
presented or breaks up any land for cultivation or any other purpose:
and all appeals
D)l
anysuch
such claims
has elapsed, Settlement-Officer
in contravention or any ruies made in this behalf by the State Government, hunts, shoots, tishes,
Court; and Forest
passedon
of by the Appellate
Officer or which the
nave bccome vested noisons water or sets traps or snares; or
disposed included in
the proposed
forest,
Act, 1894,
cd in
to be Acquisition in any area in wnich the Elephants' Preservation Act, 1879, is not in force, kills or catcnes
any) under the Land
al lands(if clected to acquire
definitel. lephants in contravention of any rules so
under Section 11, Act. speCitying made, shall be punishable with
imprisonmentfor a term
the Government under Section
16 ofthat
Notification in the
Official
Gazette,

is to be reserved,
which may Cxtend to six months, or with fine which may extend to five hundred rupees, or with
shall publish a forest which and
The State
Government

erected or
otherwise, the limits of the both, in addition to such compensation for damage done to the forest as the convicting Court may
to boundary-marks the
Notification.
to be paid".
according reserved from the
date fixed by forcst.
direct
the same to be to be a reserved Nathing in this Section shall be deemed to prohibit-
declaring be deemed
fixed, such forest shall
2) From the date so
neighbourho00d of forest= aany act done by permission in writing of the
Forest-officer,or under any rule made by the State
of suchdateNotification in Notilication, a
translation thereof ininto Government; or
Publication of translation
cause
fixcd by such
S. 21: The Forest Officer shall, before the the neighbourhood
of the forest. the exercise ot any right continued under clause c) of sub-section 2) of Section 15, or created by
town and village in b)
to be published in every grant contract writing made by or on behalf of the Government under Section 23".
or in
the local vernacular

madeunderSection 15or Section 18 Notilicalion undo Whenever fire is caused wilfully or by gross negligence in a reserved forest, the State Government
S.22: Power to revisearrangement
may,
within
from the publication
five years
of
direct
any
that any one of the notwithstandingthatcxercise
any penalty has been inflicted under this Section) direct that, in such forest or
The State
Govemment
Section 18, and of all rights of pasture or to forest-produceshall be suspended for such
Section 20, revise any arrangement
Section 15 or
made under
other of such proceedings,
or that the rights anv
any Dortion thereot, the fit".
proceedings specified in
Section 15 be in lieu of any
taken
period it thinks
commuted under Section 16.
admitted under Section 12 be

withoutsanction=
Chapter-IIl:
S.24: Rightsnot to be alienated
contained in Section 23, no right continued under clause c) of sub-section 2
(Section 28)
) Notwithstanding anything or otherwise,
without the sanction
lease, mortgage
shall be alienated by way of grant, sale,
of Section 15
of the State Government:
is appended to any land or house,
it may be sold or otherwise "Village-Forests"
Provided that, when any such right
alienated with such land or house. S. 28: Fornmationof village-forests
shall be sold or bartered
obtained in exercise of any such right,
2) No timber or other forest-produce recorded under Section 14. 1) The State Government may assign to any village-community the rights of Government to or over any
to such extent, as have been admitted in the order
may
except land which has becn constituted a reserved forest, and may cancel such assignment. All forests so
assigned shall be called village-forests.
reserved forest=
S. 25: Powerto stop ways and water-courses in sanction
The Forest officer may, with the previous of the State Govermment or of any officer duly 2) The State Government may make rules for regulating the management of village-forests. prescribing
forest,
water-course in the reservcd the conditions under which the community to which any such assignment is made may be provided with
authorised by it in this behalf, stop any public or private way or

that, a substitute for the way or water-course so stopped, which the State Government deems to timber or other forest-produce or pasture. and their duties for the protection and improvement of such
provided
be reasonablyconvenient,already exists, or has been provided or constructed by the Forest-officer in lieu forest.
thereof. 3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with
the rules so made) apply to village-forests.
S.26: Actsprohibitedin suchforests
) "Any person who
a) makes any fresh clearing prohibited by Section 5, or Chapter-IY
b) sets fire to a reserved forest, or, in contravention of any rules made by the State Government in (Sections 29 to 34)
this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a
forest; or Protected Forests
c)who, in a reserved forest kindles, keeps or carries any fire, except at such seasons as the Forest
Officer may notify in this behalf; S.29: Protected forests
d) trespasses or pastures cattle, or permits cattle to trespass; 1) "The State Government may, by Notificationin the Official Gazette, declare the provisions of this
e) causes any damage by negligence in felling any tree or applicableto any torest-landor waste-land which is not included in reserved forest but which is
cutting or dragging any timber; Chapter
the property of the Govermment, or over which the Government has proprietary rights, or to the whole or
a

any part of the forest-produce of which the Government is entitled".

 Author-Praf, Prakash kashaK."protected
be called
Moka
130. such
Notification
shall

unting, Shootnng. 131. Author- Prof.Prakash K. Mokal

in any
killing or catcning po1soning water and
2) The forest-land and waste-lands comprised
of the
rights of Government and ol
cieprnants in such forests setting traps or snares in such forests and tne
forest" 1879, is not in force; in areas in which the
nquired intO Elephants' Preservatiorn ACt,
extent
and Dccn
the nature
3) No such Notificationshall beamade unlesswaste-land comprised therein navc thinks sufs. n Ltheprotectionan dagcent or any portion of a forest
Pd persons in or over the forest-land
or

such other
as the
State
manner
Govemment

ficient the exercise of rights referred to in

Section
closed under Section 30; and
29".
at a survey or settlement, or in is proved:
Ccorded until the contrary thinks ha
Every Such record shall be presumed to be corect the State
waste-land
Government

the meant
at.
S. 33: Penalties for actS In_contravention_ofNotification
Provided that, if. in the case of any
forest-land or
such length
of time as in
Section32 under Section30 or of rules under
and record but that they will occupy
pending
Such inquiry and
recor Sey Derson who commits any or the
Sucn inquiry are necessary, Govemment may,
any existing
1) "Any
following offences, namely
endanger the rights of the Government, the State
not to abridge or affect rights of fells, girdies, 1ops, taps or
burns
any tree reserved under Section 30, or
deciare such land to be a protected forest, but
so as
from, or otherwise damages any such tree; strips of the bark or leaves
individuals or communities". hcontraryto any pronidition under Section 30, quarries
collects, subject to any manufacturingprocess, or any stone, or burns any lime or charcoal or
S. 30: Powerto issue Notificationreservingtrees,etc- contrary to any
pronibition
removes any
forest-produce,
Ihe State Government may, by Notification in the Offic1al azcte from a date so fixed under
any land in any protected forest; Section
30, breaks or clears for cultivation or any other
purpose
protected forest to be reserved
a) declare any trees or class of trees in a
) sets fire to such forest, or kindles a fire without
Notification: shall be closed for such such tem taking all reasonable precautions to prevent its
b) declare that any portion of :Such forest specified in
the Notification
and that the rights of private Spreading to
any tree reserved under Section 30, whether standing fallen or felled, or to say closed
Govemment thinks fit, portion of such forest
the State provided that
not exceeding thirty years as
suspended during
such terms,
ne eaves burning any fire kindled by him in the vicinity of any such tree
such portion shall be 1Or tne due exerci or closed portion;
PiSOns, il any, over a locality reasonably
convenient,
Ise A fells any tree or
drags any timber so as to
of such forest be sufficient, and in damage any tree reserved as aforesaid;
der o) permits cattle to damage any such tree;
the right suspended in the portion so closed;
or
of or the buning
ol
ne Or charcoal h) infringes any rule made under Section 32,
from a date fixed as aforesaid, the quarryingofstone, of, any forest-produce in
pronibit, or removal
chall be punishabie with imprisonment for a term which may extend to six months, or with fine which
manufacturing process,
Or tne
collection or subjectionto any for cultivation, for building, 1or neraing cattle or may extend to five hundred rupees, or with both".
such forest, and the up or clearing
breaking
any forest. 2 "Whenever fire is caused
wilfully or by gross negligence in a protected forest, the State Government
Tor any other purpose, of any land in any such
nay, notwithstandingthat any penalty has been inflicted under this Section, direct that in such forest or
S. 31: Publicationof translation of such Notificationinneighbourhood Notification issued under Section
any portion thereof the exercise of any right of pasture or to forest-produce shall be suspended for such
any
translation into the local vernacular ofevery as it thinks fit".
ne collectorshall cause a and village in the neighbourhood
of the
forest period
be affixed in a conspicuousplace in
to every town

comprised in the Notification". s.34: Nothingin this Chapterto prohibit acts donein certaincases
Nothing in this Chapter shall be deemed to prohibit any act done with the permission in writing of the
Forest-officer, or in accordance with rules made under Section 32, or, except as regards any portion oft a
S. 32:Powertomakerulesfor protectedforests the
"The State Govermment may make rules to regulate following matters, namely forest closed under Section 30, or as regards any rights the exercise of which has been suspended under
trees and timber, and the collection, manufacture
a) tne cutting, sawing, conversion and removal of Section 33, in the exercise of any right recorded under Section
and removal of forest-produce, from protected forests;
29"
the vicinity of protected forests
b) the granting of licences to the inhabitants of towns and villages in
to take trees, timber or other forest-producefor their own use, and the production and return of Chapter-L
such licences by such persons; (Sections 35 to 38; 80)
or timber or other forest-produce from
C)the granting of licences to persons felling or removing trees
such forests for the purposes of trade and the production and return of such licences by such
The Control over Forests and Lands not being the property of
persons;
d) the payments, if any, to be made by the persons mentioned in clauses b) and c) for permissionto
Government
cut such trees, or to collect and remove such timber or other forest-produce, S.35: Protectionofforestsforspecialpurposes
e) the other payments, if any, to be made by them in respect of such trees, timber and produce and 1)
"The State Govermment Notificationin the Oficial Gazette
may, by regulate or prohibitin any forest or
the places where such payment shall be made; waste-land
1) the examination of forest-produce passing out of such forests; thea) aking up or clearing of land for cultivation;
g) the clearing and breaking up of land for cultivation or for other purposes in such forests, b) the pasturing of cattle; or
h) the protection from fire of timber lying in such forests and of trees reserved under Section 30; c)the firing or clearing of the vegetation;
i) the cutting of grass and pasturing of cattle in such forests; When such regulation or prohibition appears necessary for any of the following purposes
for protectionagainst storms, winds, rolling stones, floods and avalanches;
 Author-Prof, Prakash kash K. Moka
Author-Prof. PrakashK.Mokal
132.
and slopes
and in the
valleys

protection
or
or niliy

land
tracts,

againSt
the
prevention
osion, or the
erosin.
b) issue such
regulations
regulations

interested
for the
tor
133.
the management of the forest, waste-land or produce by the person so
as it deems necessary for the management thereof and the interests of all partics
the ridges or
the
the soil on torrents,

On Or ravines,
and therein".

rmation
of
of landslips or
of the 1
stones or gravel, rivers
and tanks communicalon,
sWhen the State uoVc undertakes under clause a) of sub-section 1) the management or any
of sand, springs, 2) waste-land or produce, it may, by Notification in the Official Gazette, declare that any of the
deposit
thereon
-Supply
in
lines of
maintenance of a and other
ii) for the
of roads, bridges,
railways
expcnse,
n on anu
or upon any torest forions contained in Chapters Il and IV shall apply to such forest, waste-land or produce, and
at its
own
pronon, such provisions shall apply accordingly".
iv) for the protectio the public
health
. construct

preservation of such purpose, er sub-secti

V) for the for any begun
under
Govenment may. work be
cause, wi
2) The State fit shall any show
thinks to
such work as it 1) him
nor

or waste-land, made under

sub-section

or
land calling not be made or
a
Notification shall be forest should
owner of such
3) "No to the such
Notitication
produ
until after the issue
of a notice why and any eviaence
ne
may
such notice,

Casonabie
period to be
specified in
be, and
until his objections,
if any,
appointed in that
behalt
and have
been considn
Iered The Forest(Conservation)Act,1980
as the case may officer duly
have been heard by
an
Srcted.
of theGovernment".
same,
pport Introduction

by the State
under Section 35. or if
to assumemanagement of
forests regulation or prohibition Government may, ifter statement ofObjectscauses
and Reasons-
S. 36:Power
of neglect of, or wilful
to, disobedience any
require,
the State
Deforestation ccological imbalance and leads to environmental deterioration. Detorestation
iI any, place the san
Section so
n case
under that ame
be constructed considering his
objections, taking place
heen
on a large scale in the country and it had caused wide-spreadconcern.
g ,to
of any work to after Act relating
e purposes forest or land of this
With a view to checking further deforestation, the President of India promulgated on the 25
the owner ofsuch the provisions
in writing to that all or any of
notice
under of
control a
Forest-officer, and may declare
or land". shall be paid to the sa
said
ohet, 1980,
the Forest (Conservation)Ordinance, 1980. The Ordinance made the prior
al Government necessary for de-reservation
approval of the
of reserved forests and for use of forest land for non
to such forest or land
reserved forests shall apply of such forest
the management The Ordinance also provided for the constitution of an advisory committee to advise the
4he
net profits, if any, arising
from
rest purposes.
With regard to grant of such approval.
owner. Central Government
The Bill (1.e. the present Act) seeks to replace the aforesaid Ordinance.
the torest or land
of forestsin certaincases= that, in lieu ot placing
S.37: Expropriation
under this Chapter in
which the State
considers
for publicC purposes, the State. Act 69
of 1980-

n any case
should be acquired The Bill to provide for the Conservation of forests, and for matters concemed therewith was
of Forest-officer, the same
Act, 1894". [Now
the control a
by the Land
Acquisition 27th December, 1980
under to acquire it in the mannerprovided and Transparetncy n Land
Acquisition passed by the Parliament and subsequentlyreceived the assent of the President on
Uovernment may
proceed
to Fair Compensation and became a Central ACt under short title and numbers "THE FOREST (CONSERVATION) ACT, 1980
the manner provided by Right "The
n
Rehabilitationand ResettlementAct, 2013"J. (69 OF 1980)".
Section 35 may, at any time not
Notification under
The owner of any forest or
land comprised in any
that such forest or land shall be
AmendingAct
2) from the date thereof, require The Forest (Conservation) Amendment Act, 1988 (69 of 1988).
iess than three or more than twelve years such forest or land accordingly".
shaBl acquire
and the State Government
acquired for public purposes,
The Forest(Conservation)Act,1980"
S. 38: Protectionof forestsatorrequestofbeowners than one owner thereof, the owners of shares therein
An Act 10 provide JoF the conservation of forests and for matters connected therewith or ancillary or
1)The owners
of any land, if there more
with a view to the formationor
the aggregate to at least two-thirds thereof may,
incidental thereto.
amounting in
the Collector their desire- Be it enacted by Parliament in the Thirty-first year of the Republic of India as follows-
conservation of forests thereon, represent in writing to
behalf by the Forest-officer as a
reserved or protected forest on
a) that such land be managed on their
such terms as may be mutually agreed upon; or S.1: Shorttitle,extentand commencement=
b) that all or any of the provisions of this Act be applied to such land" (1) This Act may be called the Forest (Conservation)Act, 1980.
Notification in the Official Gazette, apply to such land (2) It extends to the whole of India except the State of Jammu and Kashmir.
2) "In either case, the State Government may, by
such provisions of this Act as it thinks suitable to the circumstances thereof
and as may be desired by the 3) It shall be deemed to have come into force on the 25h day of October, 1980.
applicants"
S.2:Restrictionon thedereservation of forestsother
contained in
or uselawoffor
forest landfor non-forestpurpose
the time being in force in State, a no
S.80: Managementof foreststhe jointpropertyof Governmentand otherpersons "Notwithstanding anything any
1) "If the Govermment and any person be jointly interested in any forest or waste-land,or in the whole or State Government or other authority shall make, except with the prior approval of the Central
any part of the produce thereof, the State Government may either- Government,any order directing, -

in any law for the time

a) undertake the management of such forest, waste-land or produce, accounting to such person for his 1) that any reserved forest (within the meaning of the expression "reserved forest"
interest in the same; or being in force in that State) or any portion thereof, shall cease to be reserved
 Author-Prot Prakash
K. Moka
134. to ry rule nmade under this Act shall be 135. Author-Prof. PrakashK. Mokal
f lease or otherwise
any Dri E ianment, while it 1s n
ii) that any forest land or iny portion thereof
any portion thercof may
be used 1or iny
may oeianed by wayation not
owned, private
managed two or more sesion,
u,
for a totalas
soon as
may bc after it is made, before each House
period of thirty days which
1) that any forest land or
any portion thereot may o other organi
session or
succe be comprised in one
may session
or any SSSions,
ving the session or the successive and if, before the
expiry of the
person or to any authority. corporation, agency
controlled by Government;
have
grown naturally n tha ification in the rule or both Hous
ve
sessions aforesaid, both Houses immedialeiy
which
nouses agree in making any
v) that any forest land or any portion thereofmay be
trees
cleared of after have effect oniy in such modified
there
agree that the rule should not be made, the rule
breaking up or
clearin. form or be of no shal
land or portion, for the purpose of using it for re-afforestao the
go any such moaeauOn or annulment effect, as the case1may be; so, however,
purpose" means shall be without
EAplanation -
For the purposes of this Section "non-forest

crops or med: previousiy

done under that
rule. prejudice the
to validity of anytning
forest land
any or any
portionthereoffor plants,
horticunure

edicina saving
S.5: Repealand
oil-bearing
a) the cultivation oftea. coffee, spices, rubber, palms, s.5:
Forest (Conservation)Ordinance, 1980 is
Th
plants
b) any purpose other than re-afforestation, development
and manageme
ment « otWithstandingDesuch repeal, anything done hereby repealed.
action taken under the
or

ut does not include

any work relating or ancillary
to
conservation,

fire lines,
wirelesS
communiIcation0f
(4Ordinance shall acemed to have been done anytaken under the
or
provisions of the saia
forests
and ofwild-life,
namely, the establishmentof check-posts
marks,
bounday
trench
marks, pipel
elines Act. correspondingprovisions o ns
waterholes,
construction
orother like
fencing. bridges and culverts, dams,
purposes.
S.3: Constitutionof AdvisoryCommittee= consisting
consisus ofsuch
number
of persons. as it
may constitute aa Committee
Ihe Central
Government Constitute Committee
"TheForest (Conservation)Rules,
may deem fit to advise
th
advise that Government with regard to-
t to
i) the grant of approval under Section 2; and referred to It by the Central
1981
nay oe
.oreise of powers conferred by sub-section
11) any other matter connected with the conservation of forests which In
eal Government hereby makes the (1) of the Forest (Conservation)Act, 1980 (69 of 1980),
followingrules,namely-
the Centra

Government.
1 Shorttitle,extentand commencement
S. 3A: Penaltyfor contraventionoftheprovisionsoftheofACt the provisions oI Section 2, shall he D These rules may be called the Forest
any of (Conservation)Rules, 1981.
whocver contravenes or abets the contravention

2) They shall extend to the whole of India except the State of

punishablewith simple imprisonmentfora period which may extend to
te 3) They shall come into force on the date of
Jammu and Kashmir.
their publicationin the Official Gazette.
S.3B:Offencesbyauthorities
(1)
and Governmentdepartments= S. 2: Definitions
Where any offence
under this Act has been commited- In these rules, uniess the contexXI Otherwise requires,
a) by any departmentof Government,the head of the department or
time
every person who, at the
offence was committed,
of the directly was
in "Act" means, the Forest (Conservation)Act, 1980
(69 of 1980);
y, of the business of the authority, as bCommittee means, the Committee constituted under Section 3;
and was responsible to, the authority for the conduct
Cnarge or, c)"Chaiman means, the Chaiman of the Committee;
well as, the authority,
Snall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished d) "Member means, a member of the Committee;
accordingly: e)"Section means, a Section of the Act.
Provided that, nothing contained in this sub-section shall render the head of the department or any

person refered to in clauseb), liable to any punishment if he proves thatthe ofence was commited S.2A: Compositionof the Committee
without his knowledgeor that he exercised all due diligenceto prevent the commissionof such ottence. () The Committee shall be composed of the following members
(2) Notwithstandinganything contained in sub-section (1), where an offence punishable under the Act i) Inspector-General of Forests, Ministry of Environment and Forests = Chaiman.
has been commited by a department of Govermmentor ay authority refered to in clause b) of sub- i) Additional Inspector-Generalof Forests, Ministry of Environmentand Forests = Member.
section (1) and it is proved that the offence has been committed with the consent or connivance of, or i) Joint Commissioner (Soil Conservation), Ministry of Agriculture = Member.
is attributable to any neglect on the part of any officer, other than the head of the depart1ment, or in the iv) Three Eminent Environment Scientists (non-officials) -Members.
of Forests (Forest Conservation),Ministry of Environment and Forests
case of an authority, any person other than the persons referred to in clause b) of sub-section (1), such
officer or persons shall also be deemed to be
DepuryInspector-General
)Member-Secretary.
guilty of that offence and shall be liable to be proceeded
against and punished accordingly. 2) Additional Inspector-General of Forests shall act as the Chaiman in the absence of Inspector-
General of Forests.
S. 4: Powerto makerules
() The Central Government may, by Notification in the Official Gazette, make nules for carrying out S. 26: Termsofappointmentofnon-officialmembers
the provisions of this Act. The terms of appointment of non-official members shall be as follows
i) A non-official member shall hold his office for a period of two years.
 Author- Pro1. PrakashK
unsondo mina
of uns
0ecomes of oka 137. Author-Prot, PrakashK.Mokal
due regard to all or any of the following matters while tendering its advice
136. dies, resigns,
he Committeeshall have under
hold
oftice if he
offence mvoiving
moral tum:

bet pitude. the proposals

reterred to it sub-rule (1), namely -

ii) A non-official menmbe

member
shall
oflaw
cease

by a
to
court
on a
criminal

mentioned
im
sub-rule
i+) shall
Fllcd by the Whether the forest
lana proposed to be used for non-forest purpose forms part of a nature
reserve,

park, wild litfe sanctuary, biosphere reserve or forms part of the habitat any endangered
of
is convicted reason
) or
insolvent or
becom by any caused
of the Commi. national
ii) Any vaca membership memoers

atthe hreatened species of flora and fauna or of an area lying in severely eroded catchment,
ne portion oftwo years teto the ma
non-official

uovemment for the

unexpired
shall be
payable
A under the
rules and orders
made by the whether the use
of any forest land is for agricultural purpose or for the rehabilitation of persons
Iravelling and daily allowances of Group b) from their residences by reason of any river valley or hydro-clectricproject,
IN Government
servants

Is a Member displaced
to has considered all other
rate admissible
Whether the State Government or the other authority has certified that it and
wn0
nighest in torce to a
member

and for the time being allowance with thethe that the required area
and that no other alternatives in the circumstances are feasible,
Government
Central
alarlawy
accordance

travelling im
Pfovided that, the payment
of
shall be
regulated
provisions
alternatives,
Legislature respecnve needed for the purpose; and
is the minimum
the
State
Parliament or a Member of a
or
Act, 1954
of Parliament
the State Government or the other authorityundertakes to provide at its cost for acquisition
Pension
of Members
Legisianure.
Whether
concerned State an equivalent area and afforestation thereof.
pertaining to the
Members of the of land or restrictions on the use
the advice, the Committee may also suggest any conditions or
than once () While tendering
less requentiy would minimise adverse
S.3: Conductofbusiness of thecommittee but not na forest 1ana Ior any non-torest purpose which, in its opinion,
as often
as necessary,
of any
shall call the meeting
hairman environimental impact.
he However, in a case where,
month. held at New Delhi. he
shall normally be for non-fo
s.6:Actionof the CentralGovernmentonthe adviceof
to be used

4) he meetings of the Committee or sites of

forest land proposed Tes
Chairman 1s satisfied that inspection of site with the consideration or the proposal o the Committee
connection
in will be hel tendered under rule
would be necessary or expedient the meetings of
the Committee
The Central Government shall, after consideringthe advice of the Committee
4, he directs that,
purposes
received under sub-rule (1) ofrule be unaertaken conveniently. and after such
further enquiry as it may considernecessary, grant approval to the proposal with or
proposals site or sites can
other than Delhi from where
such inspectionof reject the same.
he is present: conditions or
d a place over every meeting ofthe
Committee at which
to adjourn the
without
1he chaiman can preside and it 1s not expedient
( Provided that, if the Chairman is
absent from a meeting
over the meeting
senior-most member of the
Committee shall preside
considered at its meetino
meeting, the Committee is required to advise shall be
(4) Every question upon which the cannot be convened within a month, the
the of the Comnmittee
provided that in urgent cases if meeting be sent to the members for their opinion by a stipulated
Chairman may direct that necessary papers may

date.
meeting of the Committee shall be
threc.
(5) The quorum for the

to make proposalby a StateGovernments

S.4: ProcedureGovernment ortheirauthority= 2 shall send its
other the prior approval under Section
authority seeking
(1) Every State or
these rules:
proposal to the Central Government in the form appended to
Provided that, all proposals involving clearing of naturally grown trees in forest land or portion
thereof for the purpose of using it for re-afforestation shall be sent in the form of Working-

Plan/Management-Plan.
(2) Every proposal referred to in sub-rule (1) shall be sent to the following address, namely -

Secretary to the Government of India, Ministry of Environment and Forests,Paryavaran Bhavan,

C.G.O. Complex, Lodi Road,New
Delhi 110003:
Provided that, all proposalsinvolving forest land upto twenty hectares and proposals involvingclearingof
naturally grown trees in forest landor portion thereoffor the purpose of using it for re-afforestation, shal
be sent to the Chief Conservatorof Forests/Conservatorof the Forests of the concerned Regional Office
of the Ministry of Environment and Forests.

S. 5: Committeeto adviseon proposalsreceivedbythe CentralGovernment

(1) The Central Government shall refer every
by proposal received
sub-rule (1) of rule it under 4 of the
Committee for its advice thereonif the area the forest land involved
of is more than
twenty hcctares:
Provided that, proposals involving clearing of
thereof for the purpose naturally grown trees in forest land or porti01
of using it for re-aforestation,shall not be referred to the Committee lor
advice.
 Author-Prol. Prakash Mokal
138. The existing
slae 1aws
not are
139. Author-Prof. Prakash K. Mokal
nutmouate (i.e. in the rignt only out-dated but provide
offence, and the financialpunishments
commensun
CHAPTER-XIX
proportion)with the
and trade in wild life produce.
we a
Sence, benefits
ber which accrue trom
poaching

the other factorsCh rurther,

ther, such laws
mainly relate to control of
care diso prime reasons for the decline of India's hunting
which are and do not
ACT, 1972" nphasis
trade in
wild
life
"THEWILD LIFE(53(Protection) and wild ife,
12xIderimy
and products
derived therefrom. namely
ino Considerea tne rCICvant 1ocal
of 1972) ) Having
that, these are neither ade
provisions existing in the Sates, the GOvenime.
ment came to the
conclusion

adcquate
ing a comprehensive legislation,
nor
satisfactory. There is, therefore, an urgent need
tor
which
Topicsfor studies inTro for all matterS connected therewith or would provide for the protection of wild animals and
Sanctuaries and national parks:
lation in respect of the aforesaid ancillary and incidental thereto.
Licensing of zoos and parks; subject-i
i)
of wild life;
3) LSchedule to the
Constitution, T-matiers relatable to entry 20 of the
namely, protection of wild animals and birds, and the Parliament
State List in the
iii) State monopoly in the sale nower to make a
in thi1Slaw
Offences against wild life. regard applicable to the State (apart from the
V)
hnd 250 of the Constitution) unless the L.cgislatures of two or more Statesproviaions or Aricic
nCe 0f Article 252 o1 the Constitutionempowering Parliament to pass a resoluton
Introduction: albiect. The legislatures of the State of Andhra Pradesh, Bihar, Gujarat,pass the necessary
legislationo
Himachal Pradesh
Thescopeand objectofthe "WildLifeProtectionAct,1972-E h Pradesh. Man1pur, Punjab, Rajasthan, Uttar Pradesh and West Haryana,
nMadhya
the animals and birds
rapid decline in the total number of wild
in
>Ome ol the wild
India. Bengal have passed Sucn
nere Is catastrophic ecological mbalances
resolutions.

and birds have become extinct. This is because of the Bill sccks to
ánimals This is cerlainiy ne naler of
grave 4) The
rUccd
by depredations inflicted on the Nature by human being. constitutea Wild Life AdvisoryBoard for each Sate:
Concen.
n carlier days, forest5 and jungles were abundant with different kinds of wild animals and birds b) reulatchuntingof wild animalsand birds:
of wild animais). niave become elay down the procedurefor declaringareasas Sanctuaries,NationalParks,etc.
e arcas which werc teeming with wild life (i.c.large number
once
valuable d) regulate possession,acquisitionor transfer of, or tradein wild animals,animalarticies and
evod o. The reasons manifold.
are People went on huntingindiscreetly.killing animals
SCling thcir skins, horns and tecth; bringing them to home, confining them in cages and using them for trophiesand taxidermythereof
and Nattonal e) providepenaltiesfor contraventionofthe Act.
anusementsand public entertainmentswithout taking their proper care. Fven in Sanctuaries
Parks, very poor protectionwas afforded to wild life. It necded to be drasticallyimprovcu. LISTOF AMENDINGACTS-
CCrlain legislations were made in the past for protccting the wild life. The carl1cst codilicd law can 1) The Constitution (42 Amendment) Act, 1976.
be traced to 3d (Century B.C. when Samrat Ashoka (the King of Magadh), cnacted the lawin the mater of 2) The Wild Life Protection (Amendment)Act, 1982.
preservation of wild life and environment. But, the first codified law in India which heralded he era of 3) The Wild Life Protection (Amendment) Act, 1986.
laws for wild life protection was enacted in the ycar 1887 by the British Government and was utled as 4) The Wild Life Protection (Amendment) Act. 1991.
The Wild Birds Protcction Act, 187". This Act enabled the then Government to frame rules prohibiting 5) The Wild Life Protection (Amendment) Act, 1993.
the possession or sale of any kind of specificd wild birds, which have been killed or taken during the 6) The Wild Life Protection (Amendment) Act, 2002.
brecding season. Again the British CGovernment in the year 1912 passed "The Wild Birds Protcction Act,
1912. This Act was also amended in the ycar 1935 by "The Wild Birds and Amimals Protcction
DefinitionsS
Amendment) Act, 1935". All these legislationsproved to be inadequateand incffective.An urgent necd
for introducing a comprehensive legislation, which would provide protection to wild animals and birds Section2of the Act gives definitionsof differentwordsandterms.
follows
was felt by the (iovernment. But the Central (iovernment had no power to make a law in this regard as the They are given as

related to entry No. 20 of the State List in the Seventh Schedule. Therefore,different State
subject-matler "animal" S.2()
Legrsatures
the
in ourcountrypassedresolutionscnpowering Parliamentto
pass the necessary legislation
in the Parliament.
on
"animalincludes mammals, birds, reptiles,amphibians,fish, other chordatesand invertebratesand also
subject. Accordingly,"The Wild Life (Protection)
Thus, the first comprchensive lcgislation
Bill introduced was
includestheiryoung and eggs.
relaling to
of wild life
protcction was
passed by the
Parliament and it wa5 asscnted by the President on 9" September, 1972 and came to be known "The
Wild Life
of 1972)"
(Protection)Act, 1972 (53
as
) "animalarticle"S. 22)
animal article"means, an articlemadefrom any captiveanimalor wild animal,otherthan vermin,and
STATEMENT
OF OBJECTSAND REASONS_ ncludesan article or object in whichthe wholeor any part of suchanimalhas been used,and ivory
)The rapid decline of India's wild animals and birds, one of the richest and most varicd in the world, has mportedinto India and an articlemade theretrom.
hecn a causc of grave conccrn. Some wild animals and birds have
already become extinct in this country I) "Board'"S.2 (4)
and others arc in the danger of being so. Arcas which were once
teeming with wild life have become B0ard" mcans, a State Board for Wild Life constituted
under sub-section (1) of Section 6.
devoid of it and even in Sanctuaries and Nalonal Parks the
proleclion afforded to wild life needs to be
improved. The Wild Birds and Animals Protection Act, 1912 (8 of 1912), has becomc completely "captive animal"S. 2 (5)
 uthor-Prof kashr Schedule
K.
140.
in Schedule 1.
Schedule
Schedule
I1,
II
Moka C) injuringOr desuroyingOr taking any141.
birds or reptiles,damagingthe eggs part
Author-Prof.
of the body of PrakashK. Mokal
any such animal,or in thecase of WIld
specified of such birds or reptiles,or disturbing
Captiveanimal"means,any animal, Suchbirdsor reptiles the eggs or nests or
wnich is capturedor kept or bredin captiv (a) of suh.
VChief Wild Life Warden"S.2 person
appointed
as
such
under
ciause

secion (\) s XVD land"S. 2(17)-

ncludes canals, creeks and other water channels, reservoirs, rivers.
the
Chiet Wild Life Warden" means streams and lakes, whether
Section 4.
jaal
artifici
or natural, marshes and wetlands, and also
includes boulders and rocks.

VD "circus" S. 2 (7A)=E whereanimals

are kept used wholy XVI)"icence" S. 2 (18)
stationary ormobile. a licence
neans, granted under this Act.
rcus means,an establishment,whether Ticence
mainly forthepurpose of performingtricksorna XVIID "livestock"S. 2(18A)-
administration of a district or any estock means,tarm animals,and includesbuffaloes.bulls.bullocks,camels,cows,donkeys,
VI) "Collector"S.2 (9) revenue othe goatsS.
of the
Ollector means,the chiefofficer-in-charge as may beappointed by the
State Govermmentundg sheeps. horses,mulcs yakS.pigs, aucks,geese.poultry and their young.but does not includeany anmal
eens.
officernot belowthe rank of a Deputy Collector specifiedin Schedules I to V
section18B inthisbehalf. KIX) "manufacturer"S.
2(19)-
nufacturer means, a person who manufactures articles from any animal or plant specified in
V commencementofthis Act"S.2(10)State
to a means,
Schedules I to V and Vi, as the case may be.
commencement of this Act". in relation
commencementofthisActin thatState
"any provision of this Act" means, XX) meat"S. 2 (20)
necommencementofthat provisionin the concernedStae meat includesblood,bones,sinew,cggs.,shellor carapace,fat or leshwithorwithoutskin,whether
"me
rawor cooked,o1anywild animalor captiveanimal,otherthan avermin.
IX)"dealer"S.2(11)
dcaler in relationto any captiveanimal.animalarticle.trophy.uncureatropny.meator specifiednlers XXI "NationalBoard"S.2 (20A)-
sellingany suchanimalor artiCle,and include National Board" means, the National Board for Wild Life constituted under Section 5A.
Cans a personwho carrieson the businessof buvingor
personwho undertakesbusinessin any singletransaction XXII "NationalPark"S.2(21)-
X)Director"S.2 (12)= National Park" means, an area declared whether under Section 35 or Section 38, or deemed, under sub-
means, the person appointed as Director of Wild Life Preservation under clause (a) of suh. section (3) of Section 66, to be declared, as a National Park.
Director
section (1 ) of Section 3.
XXIII "notification"S.2(22)
"notification" means, a notification published in the Official Gazette.
XI) "Forestofficer"S.2(12A)=
"Forest officer" means, the forest officer appointed under clause (2) of Section 2 of the Indian Forest Act
1927 (16 of 1927) or under any other Act forthe time being in force in a State XXIV "permit"S. 2(23)
"permit" means a permit granted under this Act or any rule made thereunder.
XI) "forestproduce"S.2(12B)=
"forest produce" shal have the same meaning as in sub-clause (b) of clause (4) of Section 2 of the Indian XXVperson"S.2 (24=
Forest Act, 1927 (16 of 1927). "person includes a fim.

XIID) "Governmentpropertv" S.2(14) XXVI "protectedarea"S.2 (24A)

Government "protected area" means, National Park, a sanctuary,
a a conservation reserve or a community reserve
property means, any property referred to in Section 39 or section 17H.
notified under Sections 18, 35, 36A and 36C of the Act.
XIV) habitat"S.2 (15)
"habitat"includesland, water or vegetationwhich isthe naturalhome of any wild animal. XXVII "preseribed"S.2 (25)=
prescribed" means prescribedby rules made under this Act.
XV) *hunting"S.2 (16)
"hunting" with its grammaticalvariationsand cognateexpressions, XXVIII "recognisedzoo" S.2 (25A)=
a) killingor poisoningof any wild an1malor captive includes. recognised zoo" means, a zoo recognisedunder section 38H.

b) capturing.coursing,snaring,rapping.driVingor animal and every attemptto do so

everyattemptto do s0 baiting any wild animalor captiveanimala XXIX "reserveforest"S.2 (25B) 20
be reserved by the State Government under Section
reserve forest" means, the forest declared to
such under other State Act.
the Indian Forest Act, 1927 (16 of 1927), or declared as any
 Prakash
Author-Prof K. Moka
142. 143.
provisIons of C
Chapter IN s Author-Prof. Prakash K. Mokal
tne "WildLifeWarden" S.2 (38
under

XXX *sanctuary"S. 2 (26) by

notification
Section 66. LVII
Wild Life Warden
sanctuary (4) of Warden the person
means, tne
inctuary means, an area declared as
a
under
sub-section appointed as such under clause (b) of
this Act, and shall also include a deemed sanctuary sub-section() of section .
XLV "z00"S.2 (39)
XXXI "specified plant"s,2(27)= ans, an establishment,whether stationary or
Specified plant" means, any plant specified in Scheaue*
VI.
o0n to the publicand includesa circusand mobile, where captive animals are kept 1or
rescuecentres,but does notincludean establshmen:
of that Unio
Jnion teritony
XXXII
"StateGovernment"S.2(29)E Union territory,
means,
the Administrator

State Government", .relation to a Ouestion

Ppontcd by the President under Article 239 of the Constitlno
Write short noteson the following
XXXIII "taxidermy"S. 2(30) ) Hunting of wild animals;
cognate expressions, Imeans,
he curing preparatio or 2) Sanctuary;
NIaemy, withits grammaticalvariationsand 3) National Parks.
preservation or mountingof trophies.
XXXIX "territorialwatersS.2(30A)= itorial Waters, Continental
Territorial Answer:
Section 3 of the
territorial waters" shall have the same meaning as in Or 17 /0).
Act, 1976 (80
Exclusive Economic Zonc and other Maritime Zones
C,
D Huntingofwildanimals-
XL"trophy"S.2(31)-= The ten"huntung has beendefinedunderSection 2 (16) of The Wild Life (Protection)Act, 1972. This
Ophy means,the wholeor any part of anycaptiveanimalor
wild animal,ouer thanvermin, whichh has
inition is inclusive
definit
in nature, though it cannot be said to be exhaustive.
hnting", with its grammatical variations and cognate expressions, includes, -
The definition is as under -

AOpreserved by any means,whetherartificialornatural,and inciudespart nrough a processa a) killing or poisoning of any wild animal or captive animal and every attempt to do so;
(a) Tugs,skinsand specimensof such animalmountedin whole Or m b) capturing, coursing. snaring, trapping, driving or baiting any wild animal or captive animal and
taxidermy,and Cepe every attempt to do so;
(0) antler,bone,carapace,shell,horn, rhinoceroshorn, hair, feather,nail,tooth,Iusk,musk, c) injuring or destroying or taking any part of the body of any such animal, or in the case of wild
nests and honeycomb. of
birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests
XLI "uncuredtrophy"S.2(32)-= such birds or reptiles.
"uneured trophy" means,the wholeor any part ofany captiveanimalor wild arnimal,other than vermi,
which has not undergonea processof taxidermy,and includesa IreshlyKillcawild animal, ambergis, Section 9 of the Act lays down certain prohibitionson hunting. This Section says that, *no person shall
musk and other aninal products. hunt any wild animal specilied in Schedule I, II, III and IV except as provided under Section 11 and 12 of
this Act".
XLI "vebicle"S. 2(33)
vehicle means, any conveyanee used for movement on land, water or air and ncludes buffalo, bull. Section 1 omittedby Act 44 of 1991)
bullock, camel, donkey, elephant, horse and mule. Section11 of the Act provides for hunting of wild animals to be permittedin certain cases.

XL
"vernin"
S, 2 (34)- Huntingof wild animalsto bepermittedin eertaincases
"vemn" means, any wild specilied in Sechedule V. (1) Notwithstandinganything contained in any other law for the time being in force, and subject to the
provisions of Chapter IV,
NIIV
"weapon"S, 235) (a) the Chief Wild Life Warden may, if he is satisied that any wild animal specilied in Schedule I has
"weaponeludes munion, bows aud arows, Cxplosives, Iuearns,
lates anl uups
and iny stunient or app
alus
hooks, kuives, nets, poison,
Capuble ol anaestlhelizmg,decoying, deslroying, numg
becone dhangeroNus to human life or is so disabled or diseased as
to be or cause
recovery. by
beyond
such animal to be
order in
Wilng and stalng the reasons therefor, permit any person to hunt such anial,
kllng il anal,
unted:
T'rovaled that, no wild animal shall be ordered to be killed unless the Chief Wild
Lile Warden is
I ild animal"S. 2(30)
salisticd ilhat such animal canot be captured, tranquilised or translocated:
"will anial" neata, any ilial
aee ilicl in selhedulea | to IV and lHd wild the Chiet\Wild Lite
in atue 'rovded luther that, na sueh captured animal shall be kept in eptivity unless
IVI "ild life" S. 2 (J7) in the wild and the reasous tor the same are
Widen is salisticd that, such animal eanot he rehalbilitated
wild lile inelules ay inal, natie or land ecorded n wiling
vegctalien whuclh lons
patt ol any habitat. trauslocatin, as the case may be.
ENplanationFor the pupose of clause (a). the process of captureor
mnmum trauma to the sad anmmal.
Stch animal shall be made in such nmaner as to caause

if he satistied that, any wild

is auinmal
authorised otlieer
D tie Cict Wild iLile Warden or theor Schedule IV, has may,bccome dangerous to human hte or property
Pecilicd in Schedule 1l, Schedule ll
 Author-Prof, Prakash.

144.
or
diseased
as
to De
Deyond overy, by ordo
recover

or group of animals in
Mokal The notification area.
referred to in sSECtion 145.
(1) shall
Author-Prof. Prakash K. Mokal
specify, as nearly as possible, the situation and

is so
disabled

to lhunt
sucn
a be hunted. limits
of
such

(including standing crops any On

land) or

permit any
person area
to
lim tion -
For the purpose O this Section it shaill be sufficicnt to describe the by roads, Iivers,
Explutherwell-known area
PS specified neself or ot any other
Writing and stating the reasons therefor, a
animals
in that efence
f her person or
other
well-knows or
readily intelligibleboundaries.
or group of ridges
specified area or cause such animal
Deotectionof sanctuaries (S.18A):
of any w en Se
when such dcfenco
in good faith who,

he killing or wounding
person
any
exonerate
of thisthis Act
Act or
or

any en the State Government declares its intention under sub-section (1) of Section 18 to constitute any
shall not be an offence:
in this
sub-section
shall
of any
provISIon
rule () comprised within any reserve forest or territorialwaters under that sub-section, as a sanctuay,
comprised
tOvided that, nothing
contravention

any act
in
property.
area, not
he provisions of Sections 27 to 33A (both inclusive) shall come into effect forthwith.
ecomes necessary, was committing
Government

ds shall be Such time as the rights of persons affected are finally settled under Sectuons 19 to 24 (both
order made thereunder. of any person ill
wounded in defence Cve. the State Govemment shall make alternative arrangements required for making available luel,
3) Any wild animal killed or
the acce
LJ 1404): 1m casc,
this
cused had dder and other 1orest produce to the
persons affected, in terms of their rights as per the Government
CaseLaw (1979 Cri
fodder

Pradesh tion) in defence

attention)
detence
In of
of
himsel
Tilak Bahadur Rai s. State of Arunachal faith (with due care
and records.

in good an Section 1
under Sed 01Ience

the dangerous animal like tiger have

committed
Appointmentol Collectors 8 B):
ed accused cannot be
said to
The Court observed that, the
this Act by shooting the tiger that charged
at him.
purposes.
Fis section states that, the state Government shall appoint an officer to act as Collector under the Act, to
animal for special into and determine the rights of any person in or over the land comprised within the limits of the
hunt the wild inqul
the Act deals with the grant ofpermit to cuary which may be notified under Section 18 (1).
So be lawful for the Chief w tions 19 to 25A empower the Collector under this Act, to determine rights of the persons, publish a
Grant of permit forspecial purpoSCs his Act, it shall
S. 12: "Notwithstanding anything contained elsewnee the reasons therefor, toto any
any person
perso of the him, etc.
stating the reasons terelOr, to hunt clamation sanctuary, invite claims, and make inquiry into claims preferredbefore
a permit, by an
order in writing
the holder of such
permit subiee to
an, to grant which shall entitle for the purposea
Such fee as may be prescribed, in such permit,
f, National Park";
or as may be specified therein, any
wildanimalspecified defines 'National Park'
Section 2 (21) as -
COndltions

deemed, under sub-

(a) education;
National Park" means, area declared, whether under Section
an

section (3) of Section 66, to be declared, as a National Park".

35 or Section 38, or

(b) scientific research;

(bb) scientific management. "Scientific Management means -
S.35: Declarationof NationalParks:
ENplanation- For the purpose of clause(bb), the expression,
an alternative
suitable habitat; or
) Whenever it appears to the State Govemment that an area, whether within a sanctuary or not, 18. by
of any wild animal to
association or importance, needed
reason of its ecological, faunal, floral, geomorphological or zoological
translocation
() or poisoning or destroying anv
lifë without killing
(i) population management of wild to be constituted
as a National park for the purpose of protecting, propagating or developing wild ife
wild animals;
therein or its environment, it may, by notification, declare its intention to constitute such area as a
(c) collection of specimens under section 38 1; or National Park:
for recognised zoos subject to the permission Provided that, where any part of the territorial waters is proposed to be included in such
National
for museums and similar institutions; declaration of a
(ii) manufacture of life-saving drugs: Park, the provisions of Section 26A shall, as far as may be, apply in relation
to the

(d) derivation, collection or preparationof snake-venom for the

sanctuary.
Provided that, no such permit shall be granted
-

area which is intended to be

(a) in respect of wild animal specified in Schedule I, except

with the previous permission (2) The notification referred to in sub-section (!) shall define the limits of the
declared as a National Park.
of the Central Government, and of Sections 19 to 26A
(6) in respect of any other wild animal, except with the previous permission of the State (3) Where any area is intended to be declared as a National Park, the provisions far as may be, apply to the
sub-section (2) of Section 24) shall, as
Government. (both inclusive except clause (c) of
of rights, in relation to any land in such
investigation and determination of claims, and extinguishments
area as they apply to the said matters in relation to any land in a sanctuary.
2)Sanctuary"S. 2(26) declared as a sanctuary by notification under the provisionsof
(4) When the following events have oceurred, namely:
land in an
Definition : "sanctuary"means, an area
Chapter IV of this Act, and shall also include a deemed sanctuary under sub-section (4) of section 66. (a) the period for pretferringclaims has elapsed, and
all claims, if any, made in relation to any
otf by the State Government, and
area intended to be declared as a National Park, have been disposed
Park have become vested in the
all rights in respeet of lands proposed to be included
in the National
Declarationofsanctuary(S.18): ()
(1) The State Government may, by notification,declare its intention
to constitute State Government,
area comprised within any reserve forest or the territorial
any area other than an notification specifying the limits of the
arca which
waters as a sanctuary, if it considers that, the State Government shall publish a Park on and
area is of adequate ecological, faunal, floral, Sucn be comprised within the National Park and
declare that the said area shall be a National
geomorphological,
natural or zoological for ine
significance, Snall
purpose of protecting,propagatingor developing wild life or its Such date as may be specified in the
notification.
environment. O
 Author-Prof, Prakasi; K, .
no K. Moka
146. shall be
made,
except
on a resolution
assed by he or permit,as the
the case 147.
()No alteration of the boundariesofa National
Park
Park or destroy the
licence
and
may be, Author- Prof. Prakash K. Mokal
address, otherwise satisties thehe may be arrested without warrant,
amage uniess n
Natronal

Legislatureof the State. or deprive any wild animal of its habitat

trom
wild litfe
a Wthin such National pdan shal name

or other officer
ceedings which may be taken against him.aresting him that he
will duly answer any summons
(6) No person shall destroy, exploit or remove any no such n and
excep officer of rank not inierior to that of
a sunt
it 3A)
Warden,

the habitat of any wild animal or en. who, or whose subordinate,

exploitation or
Lite
deprive any hChief
by the Chief
Wild
Wild t ion. exploitation or
remoe
an
Assistant Director of Wild Life
under and in accordance witha a permit granted
that such
destruction.
loVa
Life Warden,

sub-section an (1).
has Preservationor W
(1). may give the same for seized any captive animal or wild animal under clause c) dof
satistied of wild
better
managemen
be granted unless the State
Governm being the
and
improvement ction of such animal if and na
custody on the execution
by i of a bond for the
wild life from the National Park is necessary for of which the when required, before the Magistrateany person
prod so
shall on account seizure has been
therein. authorises the issue of such permit. and no
ive-stock ha.
having jurisdiction to try te
the National
Park
authorised owed of vDerson detairnea,or things seized under made.
)No grazingof any live-stock shall be permitted in
to
a person the
used as a
vehicle by
such istrate to bee dealt with
accordingto law. foregoing power, shall forthwith be taken before a
to enter therein except where such live-stock is (a). (b) and person who, Without reasonable cause,
ny per
National Park.
to 32 (bothinelus thev d(e) of (6his Section, shall be guilty of an offence fails to produce anything, which he is required to produce
of Sections27 and 28. Sections 30 in relation
Park as
ey
apply
National

SSection proviStons to a
un Where any meat, uneured trophy, against this Act.
33, Section 33A shall, as far as may be. apply "
relation toa
sanctuary. a sanctuary or
within no
(6)ans of this Section, the Assistantspecified plant, or part or derivative thereof is seized under
Director of Wild Life Preservation or tne
Explanation For the purpose of this Section, in of
case
whether
an area
State Govetnment under
where pred rank authorised by him in this behalf or the any other officerot a
gaarrange for the sale or the Same, and deal with theChief Wild Life Warden or the authorised ofticer
-
a
become vested
in the any
Cn extinguished
and the land has
Nationat Park
and the proceo proceeds of such sale in such manner as may De
notification, as a
notified by it, by a and (4) of this Section
rescribed.

rea may be sub-sections (5)

shall P/here it is proved that,
(both inclusive) and the provisions of
under Section 19 to 26 the meat, uncured
or the provisions of this trophy, specified plant or part or derivative thereof
not apply. under Section is not se1zed
Govermment property, the proceeds of the sale shall be returned
to the owner.

)Wheneverany persOn is approached by any of the officers referred to sub-section (1) assistance
in for
in the preventionor detecion or an offence against this Act, or in
apprehending persons charged with the
*Prevention andDetectionof Offences aiolationof this ACt, Or for seizure in
accordance with clause c) of sub-section(1), it shall be the
ciuch person or persons to render such assistance.
of duty
S.50: Power of entry,search,arrestand detention in force, the Director ora
R) Notwithstandingcontained in any other law for the timebeing in force, any officer not below the rank
Norwithstandinganything contained in any other law for the time being Any of an Assistant Director or Wild Life
Preservation or Wild Life Warden shall have the powers, for the
Warden or the authorised officero
officer authorised by him in this behalf or the Chief Wild Life
Otner
any torest officer or any police officer below the rank of a sub-inspector, may, 1t ne nas reasonable
urposes of making investigationinto any offence against any provision of this Act,
a search warrant;
a) to issue

grOunds for believingthat any person

a) rcquire any such person to produce
has committed an offence against this AC,
for inspection any captive animal, wild animal, animal article, mea
b) to enforce the attendance of witnesses;

c) to compel the discoOvery and production of documents and material objects; and
trophy, uncure trophy, specified plant or part derivative thereof in his control, custody or possession
Or any icence, permit or other document granted
or
to him or required to be kept by him under the
d) to receive and record evidence.
(9) Any evidence recorded under clause d) of sub-section (8) shall be admissible in any subsequent
provisions of this Act; tria
searen any
before a Magistrate provided that, it has been taken in the presence of the accused person.
b) stop any vehicle or vessel in order to conduct search or inquiry or enter upon and premises,
land, vehicle or vessel, in the occupation of such person, and open and search any baggage or other things S. 51: Penalties-
in his possession; (1) Any person who contravenes any provisionsof this Act, except Chapter VA and Section 38 J or any
c)seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified rule or order made thereunder, or who commits the breach of any of the conditions of any licence or
plant or part or derivative thereof, in respect of which an offence against this Act appears to have been permit granted under this Act, shall be guilty of of an offence against this Act, and shall, on conviction, be
Committed, in the possession of any person together with any trap, tool, vehicle., vessel or weapon used punishable with imprisonment for a tem which may extend to three years or with fine which may extend
for committing any such offence and, unless he is satisfied that such person will appear and answer any to twenty-five thousand rupees or with both:
charge which may be preferred against him, aest him without warrant, and detain him: Provided, where the offence committed is in relation to any animal specified in Schedule I or Part
Provided that, where a fisherman residing within ten kilometres of a sanctuary or National Park Il of Schedule II or meat of any such animal or animal article, trophy or uncured trophy derived from such
inadvertently enters on a boat, not used for commercial fishing, in the territorial waters in that sanctuary animal, or where the offence relates to hunting in, or altering the boundaries of a sanctuary or National
or National Park, a fishing tackle or net on such boat shall not be seized. Park, such offence shall be punishable with imprisonment for a term which shall not be less than one year
(2) omitted but may extend to six years and also with fine which shall not be less than five thousand rupees:

3) It shall be lawful for any of the officers referred to in sub-section (1) to stop and detain
Provided further that, in the case of a second or subsequentoffence of nature mentioned
the in this
any person, Sub-section. the term of imprisonmentmay extend to six years and shall not be less than two years and the
whom he sees doing any act for which a licence or
permit is required under the provisions of this Act, for amount of fine shall not be less than ten thousand rupees.
the purposes of requiring such person to
produce the licence or permit, and if such person fails to produce
 Author-Pro. Prakashk
in o
with
okal
nprwith
isonmem
punishable
148. shall be

A) Any person wlho contravenes any provisions of Chapter

VA,
extend
to
seven years and ale
ears and also (3) The
149.
officer compounaing any offence may Author-Prof.PrakashK. Mokal
Tor a term which shall not be less than one ycar
but which
may ine Act
under this Act to the offender,
olienaer, or
Or if no
not
order the cancellation of
any licence or permit
be punishable
with
impriso e the cancellationof such licence or empowered
mit. to do so, may granteu
approach an officer so empowerea,
which shall not be less than five thousand rupees. 38 J
shall tor
Ihousand rupe
provisions of Secno to wo
The s um of money acceptCd or agrecd to be
uy peTSoN who contravenes
the extend

with fine
which may
with exceed the sum of accepted as composition under clause b)
Tor tem which may extend to six months, or shall, in no case,
two thousand of sub-SCction (1)
both: ofience the term
risonmenu ay extend
of imprisonme vided that, no olfence, for which a
rupees:
minim
mum period of imprisonment has been prescribed in sub-
Provided that, in the case of second orsubsequent section
(1) of Section 51, shall be
compounded.
rupees.
one to five thousand trying the ffence may
year, or with fine which may extend Act, the
court

) When any person is convicted of an offence

inst this
u ncat,
vory impoTtd 55: Cognizanceof offences-
s.
trophy,
uncured tropny, ed imo Ourt shall take cOgnisance of
hat, any captive animal, wild animal, animal
article. derivative thereof in resp. No court any offence against this Act,
part or
ndla or an article made from such ivory, any specifieu plans or vessel used in coOnof r than except on the complaint of
any person
tool, velhicle, Or weapon, Director of Wild Life Prese
wnch the offence have been committed, and any trap, held pernit a) Preservation or any other officer
One said offence be forfeited to the State Government, and that anuy e by such Government, or authorised in this behalf by the Cetral
person under the provisionsof this Act, be cancelled. to any other punishme Chief Wild Life Warden, or any other officer authorised in this
forfeiture shall be in
addition
any person who has given notice of not less than behalfby the State Government,or
Such cancellation of licence or permit or such sixty days, in the manner prescribed, of the alleged
that may be awarded for such offence. at the
nce and of his intention to make a complaint to the Central
offend

offence against this Act,

the court may licence. urec the officer authorised as aforesaid. or Government the State Government or
where any person is convicted of an for possession ol any arm with
any, granted to such person under the Ams Act, 1959 (54 of 1954), vhich
cancelled, and that
such person
notbe shall 5.56:Operalion orotherlawsnot barred
an offence
against this Act has been committed, shall be
for a licence under the Amns Act, 1959 (54 of 1954). for period
a or iveycars irom the te of datene in this ACt shall be
Nothing deemed to prevent any
person from being prosecuted under any other law for
Cngibie the time being force, for any act or omission which
in
conviction. constitutes an offence against this Act or from
contained in Section 360 of the Code of Criminal
Procedure, 9/5 (2 ot 1974) or intthe heing liable under such other law to any higher punishmentor
penalty than that
Provided that, no person shall be punished twice for the same offence. provided by
Nothing
robation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted Or an offence with
this Act:
o1
respect to hunting in asanctuary or a National Park or of an offence against any provIsion Chapter VA
s.57:Presumptionto be madein certaincases-
unless such person is under
eighteen years of age. Where, in any prosecution for an offence against this Act, it is established that a is in possesSion,
personspecified
S. 52: custody or control of any captive animal, animal article, meat, trophy, uncured trophy, plant, or
Attempt and abetment-
Whoever attempts to contravene, or abets the contravention of any of the provISions of this Act or or derivative thereot it shall be
Dart presumed, until the contrary is proved, the burden of proving which
of any rule order made thereunder,shall be deemed to have contravenedthat
or provIsion or rule or
order, shall lie on the accused, that such person is in unlawful possession, custody or control of such
animal, animal article, meat, trophy, uncured trophy, specified plant, or part or derivative thereof.
captive
as the case may be.

S.53: Punishmentfor wrongfulseizureof property S.58:Offencesby companies

If any person, exercisingpowers under this Act, vexatiouslyand unnecessarilyseizes the property (1) Where an offence under this Act has been committed by a company, every person who, at the time the
of any other person on the pretence of seizing it for the reasons mentioned in Section 50, he shall, on offence was committed, was in charge of, and was responsible to, the company for the conduct of the
the as, the company, shall be deemed to be of the offence and shall be
conviction, be punishable with imprisonment for a tem which may extend to six months, or with fine
which may extend to five hundred rupes, or with both.
businessof company, as well
liable to be punished accordingly:
guily
Provided that, nothing contained in this sub-section shall render any such person liable to any
S. 54: Power to compoundoffence- punishment, if he proves that the offence was committed without his knowledge or that he exercised all
(1) The Central Government may, by Notification,empower the Director of Wild Life Preservation or due diligence to prevent the commission of such offence.
any
other officer and the State Government may,
by Notification, empower the Chief Wild Life Warden or 2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
any officer of a rank not inferior to that of a Deputy Conservatorof Forests, -
committed by a company, and it is proved that the offence has been committed with the consent or
a) to accept, from any person against whom a reasonable suspicion exists that he has committed an
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
offence against this Act, payment of a sum of money
by way of composition of the offence which such officer of the company, such director, manager, secretary or other officer shall also be decmed to be guilty
person is suspected to have committed; and
of that offence and shall be liable to be proceededagainst and punishedaccordingly.
b) when any property has been seized is liable to be forteited, to release the same on Explanation - For the purposes of this Section,
thereof as estimated by such officer. payment of the value
a) "company" means, anybody corporate and includes a fim or other association of individuals; and
(2) On payment of such sum of money or such value, or
both, as the case may be, to such officer, D) "director", in relation to a fîrm, means, a partner in the firm.
suspected person, if in custody, shall be discharged,and the tne
any, seized, shall be released and no further property, other than Government property,
such person.
proceedings respect of the offence shall be taken against
in
 Author-Prot.Prakashk
150 ning 151.
Plannin must be
applea to
numan Author-Prof. Prakash K. Mokal
settlement and urbanization
CHAPTER-XX ts on the environment and
obtainir with a view to avoiding
aav
ll In this
all. respeet, projects which ning
are
maximum social, economic and
environmentalbenefits for
designed for colonialist and racist
InternationalRegime andoned.

CAucation in envronnenal
domination, must be
mates, for the
younger
sideration to underprivileged is essential in ordergeneration, well as, adults; giVing
consi the as
1) Stockholm Conference. It i1s also to broaden the basis for duc
2) Green-house effect and Ozone depletion. inion. essental that, mass media enl1ghtencd
an
of communications disseminate
ducational nature, On
environment to enable information
educ: need to
the
3) Rio Conference. protect and improve the
man to
or an
U. N. Declaration on Right to Development.
every respect. dcvelop 1
4) shall co-operate to develop further the
Sate
5) Kyoto Protocol and Global Warming. internationallaw regarding liability and
he victims of pollution and other environmental compensation Toror
1972"- ntrol of such states to area beyond their
contro
damage caused by activities within the jurisdiction
() "StockholmConference5to 16h June,
adopted by the United
Nations
Conrerence on the
Human Man and his environment must be
jurisdiction.
spared the effects of nuclear weapons and all other means of
was of the lntemational Prota
Declaration
ronent held at Stockholnm in June 1972. It was the first Declaration
in this Conterence, and accent destruction, states must strive
to reach prompt agreement on the elimination and mass
including India, of such weapons. complete destruction
Or the Environment. In all 113 States participated. States did not
attend, because, the e
Communist
Declaration. The Sovict Russia and other hese
contains 26 principies.I princinl. Effecetof Stockholm Declaration:
OCTatic Republic was not invited. The
Stockholm Declaration or
environment.
ciples This declaration had a considerable
the protection and improvement tne impact on the Indian politicians,rule makers and judiciary as
the basis of an international policy for
Phe Stockholm outlook and
common principles to guid
uide people The judiciary has given a new
interpretation to the
Conference realised the need for common
need ror anvironmentalprospectiveand delivered landmark judgements. constitutional provisions relating to
OT the world in preservation
of environmentand, Proclaimedthe In Vellore Citizen's Welfare Forum v/s.
a) protection and improvement of human environment. Union of India, the Supreme Court has critically
amined the relationship berween environment and
b) Shaping action of people around the world-prudentcare or ne development and has given its approval to
environment.
SustainableDevelopment rather than "Absolute Development" at all costs. Similarly, the Court evolved
themselves and Developing
countries. the principle of "Absolute Liability" in reference to the Striet Liability in
naustrialized nations to reduce the gap between Bhopal Gas Disaster Case. The
which is the cause tor irreversible harm t Supreme Court has laid down the principle of Public Trust Doctrine in Kanalnath s. Union of Indiu
a Reducing eliminating ignorance or indifference (1997) 1 SCC 388
environment.
work.
e) Enthusiasti of mind leading to intense and orderly
clam state

citizens equitably in common effors.

ACceptance ofresponsibilityby sharing
9Extensive co-operation amongst Nations of the wold.
h) Action to be taken by international organisations in common interest as preservation of environment
(11)Green HouseEffectand Ozone Depletion
is a global issue.
Meaning ofthe"Ozone";
The Stockholmconferencealso laiddownseveralprinciplesof whichthe following are salient Ozone isan allotropieform of oxvgeninwhich3atomsform I molecule(O) It has pungent smell. It is a

features
a) Natural resources of the earth including the air, water, land, flora and fauna and especially
produced by a silent discharge of electricity. It is present in the air after a thunder storm. It is used
commerciallyfor sterilizing water, bleaching, purifying air, etc. Ozone is a very powerfiul oxidizing agent.
representative samples of natural ecosystem must be sateguard for the benefit of the presernt and future t is a blue gas. It is present in both, the troposphere, and the stratospherc, with tropospheric ozone
generations through careful planning or management. accounting for about 10% of the total ozone column. In the troposphere, where it is a constituent of photo
b) Capacity of the earth to produce vital renewable resources must be maintained and, wherever
chemical smog, it is normally considered to be a pollutant iritating to eyes and respiratorytissues, and
practicable, restored or improved. harmful to plants. In contrast, stratospheric ozone is an essential component of the earth/atmosphere
c)Manhas special responsibility to wisely manage the heritage of wildlife and its habitat
safeguardand
which are now gravely imperilledby a combination of adverse factors. Nature conservation including
system, because of its ability to protect the biosphere from excess ultra violet radiation.

wildlife must, therefore, receive importance in

planning for economic development.
d) Discharge of toxic substances or of other substances and the release of heat, in such quantities or
Meaning of"OzoneLaver"
The amount of ozone accumulated in the upper atmosphere is called "ozone layver Ozone layer protects
concentrations as to exceed that capacity of the environmentto render them Our Mother Earth from the powerful sun rays. The sun rays are very powerful and are coupledwith ultra
in order to ensure that serious or irreversible
harmless, must be halted is
damage is not inflicted upon ecosystem. The just struggle Violet radiation. If these ultra violet radiations reach the Mother Earth directly (if suppose no there
of the people of all countries against
pollution should be supported. 0zone layer), there would be no life on the earth. Thus, ozone layer has been protecting us from the
e) States shall take all possible steps to prevent destruction and from ultra violet radiation.
pollution of the seas by substances that are liable to
create hazard to human health; to harm
living resources and marine life; to
interfere with other legitimate uses of the sea. damage amenities or Meaning ofOzoneDepletion:
 Author-Pro), Prakash

152. Fishman,
Hammond,
Maugh,
etc. wh
activVities.
Increased
.0un okaltha Conference deepiy concerned with153 Author-Prof, PrakashK. Mokal
Crutzen,
the Green House
decrcase ofisozone
ation,
human
Deforestation, Desertificalion,
dectonisa

Population,Technology transfer,Effect,
There are several scientists, viz. Rodriguez,
Rodriguc the the zone Depletion,
S, VIZ.
layer by ozone layer, Global Warning,
there is a considerable dangerT causing to the etc., the
ozone

causing tne
pollution, he Convention aspired that the developed countries and Degradation.
1 should take measures returning tneir
environmental

Ciear weapons, nuclearwastages, n Of carbon dioxide and other

in
stratosphereis called"OzoneDepletron
emission

green-house gases to 1990 levels by the year 2000.

vii)It was
accorded by
accorded all the
participantsfor the forest development,and
the 1950s, the to make necessary legislati0n
ozoneevol deforestation.
Causes ofOzoneDepletion: as far as
back in
data has be es to prevent the No.
uatospheric
ozone
showed that,
However,
since
l9/0s, Ihe
been showine TDrinciple I of the
Rio Declaration stated that, human beings are at the centre of concerns ior
Cained relativelystable and within the
normal limits.
inable development. 1hey entitled to healthy and
are

Mr. P. V. Narsimha Rao, the then Prime Ministcr ofproductive

life in harmony with
degraung su nature.
dt ozone levels are fluctuatingand alamingly
under
can be
statcd India, remarked that the Rio Declarationwas
Some of them
The causes of this situation are Several. arfare, aviation, agriculture, halanced and "satisfactory'".
1. Modern
Technology: Modern technologicaldeveo th old and new, are the
main reasons. festyle, Maurice Strong, the Secretary-Generalof Earth Summit remarked that, the Earth immit was a
e. involve a variety
of complex chemical compounds, oou ersonic Transport, Cruising pss one, but the developed countries were the main
hindantly and merciuessly, but did not come to assist the Environmental exploited
Nuclear war, >u he
success

persons to have the natural resources

Nuclear Weapons, Nuclear Wastages, etc.: ozone layer.
These are do
ayer. These Recoupment by rendering ther
4
and
duratosphere agriculture techniques are also causing damage
to the
of oxid
dependen nology and finance. However, he hoped that, a road was started from Rio with a better future for the
sourees 0 ncreasing amounts techn
also potential
upon Nitreogen based chemicals. Fertilizers are destroyers of ozone. Computer Simuiauons suggested world.

(NO), a group of highly potent mignt De destroyed mainl

following a major nnuclear conflict 50 70 per cent of the ozone layer oxygen and nitrogen at th
the "AGENDA21"
result of the synthesis of oxides of nitrogen from atmospherie
Nuclear wastages own Dy the Nuc
high It is the most exclusive document of the Rio Summit. This Commission was set up on 16"
explosions. clear
praures produced by the themno nuclear noXIOUS ana
ndzaruous
sudstances in the February.195. I was set up on the principle of "equitable geographical distribution" to ensure a balance
and Nuclear Weapon Factories emit several e and
ma 'rojects,
environnment.
between the developed
to
the developing world. The main purpose being effective follow up of the Rio
Conference, and enhance international
and to examine the
co-operation and to rationalise the inter-governmentaldecision
making capacity, progress of its implementation at the national, regional and
international level.
This Commission was formed primarily to discuss the problems pertaining to the financial
(II) Rio Conference": resources, technology and other developmental issues. This provides a provision to reach to some
OR solutions,at least to some of the problems linked with "SustainableDevelopment"into practice and to be
instrumental in clearly defining a more workable content.
IV) UN. Declarationon Rightto Development:
ln continuation of the Stockholm Conference, 1972 and Nairobi Conference, 1982, the third maior
conference is called as "Rio Declaration".The internationalconferenceon environment was held in Rio
de Janciro, capital of Brazil on 3rd June, 1992. About 20,000 delegates from 178 Nations attended it.
Hence, it is also well known as "Earth Summit". It discussed the global and environmental problems very (V) Kyoto Protocol and Global Warming
widely. It was the largest international conference in the history of intemational relations. Maurice Strong
the UNICD chief. described it as "Parliament of the
Planet" What is the Kyoto Protocol? Nations
In Over a decade ago (i.c. around 1995), most countriesjoined an international treaty the United
all. there-
as follows
are twenty seven principlesadopted in Rio Declaration. Some of the important principlesare Framework Convention on Climate Change - to consider what could be done to reduce global warming
to an
i) "Sustainable Development": It adopted the principle of "Sustainable Development" without füurther and to cope with whatever temperature increases are inevitable. In 1997, the govermments agreed
industrialised nations to reduce
jeopardizing the environment. Rio Declaration gave utmost importance on global environmental and addition to the treaty, called the Kyoto Protocol, which legally bound
levels by 2012. The
economic systems. The developed countries have been exploiting natural and human resources to the Worldwide emissions of green-housegases by an average of 5.2% below their 1990
the rates vary across
maximum On the other hand, the
extent. Cuts aren't uniform- while most of Europe is committed to cuts in the vicinity of 8%,
developing countries are burdened with poorness, huge emissions by upto 10% under the freaty,
population. Both of them are damaging the planet, putting pressure. Hence, Rio Declarationdeclared that, Countries. Some countries, such as Iceland, can actually increase
these issues are not only environmental,but also economical. 16, 2005. Thus, the Kyoto Protocol (Kyoto global warming pact)
which came into effect on February of carbon
limits on emissions
ii) It stressed the importance to plan to eradicate poverty. It also Went into force in 2005, years after it was negotiated, imposing
seven
gave the importance to women, you world melting glaciers and rising oceans.
and indigenous people. dioxide and other gases scientists blame for rising temperatures,
iii) It gave the importance on envire mental
scientificand technologicalpolicy developments. legislations,environmentalimpact assessment, omc
ecO How many countrieshavesignedthetreaty 2 1997 and ratified by 141 nations.
iv) Certain important questions were discussed in the Ine agreement was
ancient
negotiatedin Japan's capital of Kyoto in
the world, climate change, forests, biological Conference,such as, who will pay for the cleaniug
diversity, sustainable development,etc.
 Author-Pro1.
Of
rakashgasK.emissions
greenhôuse
Moka
he treaty was signed by 141 nations,
together
which
154.
account The United
for
55%

States, the
treaty.
What is globalwarming? 155 Author-Prof. Prakash K, Mokal
it Woula namm the econ
ollution, increased levels
Due to pollution,

suyGeorgeBush was tosconom

nft saving
Australiahhavent
s2reement, of
carbon dioxide and other
globally. SIgnificantly,
Significantly,the US and Austran
largest emitter of such gases, has refused to ratity the
earth's surface.
green-house gases causes heating up ne
a
their country. In 2001, one of the first acts o1 ne
ratity the treaty, DEcdusc,
lt would d
mally anllutionis caused by concentrationof carbon dioxide. Air
consist not only of oxygen, but
withdraw the US from
American economy and najor
Kyoto. He said
US would
the
nations
not

like China
not cov
and
inaia ne were
overed by its
make any
aases such as nitrogen, carbon
other

onon. hydrogen, îmethane

dioxide, ozone
and
hydrogen oxide.
also some
and other inert gases. Inert
gases are neon, helium,
major developing
developinE the treaty, tne nrice for late
provisions. Although India and China have signed shouldn't pay pnce Tor
a industrialie
late industrias Ifeverything goes
properly, proportion of these gases will remain at a proper level. But in the world of
the

emission till 2012, the logicbeing that, developing

nations
decision,
with environmenttion
hich is an industrial
world, greater possibility is a
of the reverse order. Excessive
defended that
nation not to join, Dy >U0 Ourse of air-fights the war and growing
in
of vehicles the roads have affected theof fuels
during use

ner developed to cut

emissIOns
ing de forestation releases more carbon dioxide,
use
on
an
Campbell saying the country was nonetheless
on track Growi atmosphere.
well known plants breath in carbon dioxide
as
ath out more oxygen. Ihe use of fossil fuels by industry
bre
releases sulphur dioxide. Therefore,
and
into acid-rain. polluted
How are theemissiontargetsaremet that can trap heat in the
atmosphere,and:are
atm
air is
convertea

he Kyoto pact targets carbon dioxide and five other gases

are ting the i
disrupting
alrcady The atmospnerc, e arn s ar envelope is a mixture of various
is

believed behind rising global temperatures

to be that many
scietists say
ne most obvin arl's
has heen
stable over the period human life has been in gases. The composition of atmosphere
several ways. existence.
Emission targets can
be met in
environment and weather patterns. cars, Iewer coal-fired power
"ay
s to actually reduce greenhouse gas emissions more
fuel-efficient
-
plants. Note:

also other mechanisms. Countries

allows for three
can buy "emssiosCredits carned Dalance includes hydrogen, helium, neon, krypton, oxides of
yor0 don't need them to stay below Balance
sulphur, nitrogen and carbon.
below mandated levels from countries that Air Pollution can be deined as the presence in the outdoor atmosphere,
SIons something Callea Joint implementa of a substance/s,released directly
A
COuntry can also emission credits through iation, or indirectly through human activity, in quantitiesthat are detrimentalto health, safety or wellbeing
like a rerorestanon proOJect in anol of the
to benefit by carying out something
country called a clean develon biosphere.

or "economy in transition".
There's also what's opmenm
country The rise in sea-levels which affects coastal marine and economic
life, agricultural life, are the results
that encourages investment in developingcountries by promoting
tne uranster oI environmens
ment- rhe Global Warming. Higher average temperatures upset the balance of nature for both, plants, and
nanistm
friendly technologies. animals. Global Warming is, thus, related to earth's climate.

Green HouseEffect:
What happens,if acountryfailsto reachits KyotoemistonTarges
ne yoto Protocol contains measures to assess performance and progresS. t also contains some
me The main cause ot the global warming is said to be the Green House Effect due to
presence of green-
penalties. Countries that fail to meet their emission target by the end of the Iirst commitment period (ie house gases in the earth's atmosphere. There are certain naturally existing levels of green-house gases in
commitment period. Their atmosphere which are necessary and beneficial to life on earth. But, if there is an increase in these gases
2012), must make up the difference plus a penalty of 30% in the second ability
to sell credits under emissions beyond their natural percentage, it would result in global warming.
trading will also be suspended.
If the emission of the artificial or man-made green-house gases is slowed down or reduced worldwide,
Istheworld'sclimatereally changing2 then the global warming can also be slowed down. The developed countries instead of taking measures to
Many scientists believe so. The UN's IntergovernmentalPanel on Climate Change (IPCC) summarises the set up carbon-reducing projects in their countries, try to impose their authority on the developing
Work of 2,000 of the world's top climate experts. Its report say that, the world is definitely getting warmer cOuntries by forcing them to implement/take up carbon-reducing projects in their countries.
he IPCC says the average global surface temperature has risen by about 0.6 degrees Celsius since 190,
with much of that rise coming in the 1990s -probably the wamest decade in 1,000 years. The IPCC also Climatechangeand the KvotoProtocol:ATimeline
found that snow cover since the late 1960s has decreased by about 10% and lakes and rivers in the 1827 French scientist Jean-Baptiste Fourier is first to point out the "greenhouse effect", the
Northern Hemisphere are frozen over about two weeks less each phenomenon whereby atmospheric gases trap solar energy, stoking the Earth's surface temperature,
year than they were then. Mountaim
glaciers in non-polar regions have also been in "noticeable retreat" in the 20th century, and the average rather than letting the heat radiate back into space.
global sea level have risen between 0.1 and 0.2 metres since 1900. 1896 Swedish chemist Svante Arrhenius blames the burning of fossil fuels (oil, gas and coal) for
producing carbon dioxide (CO2).
What are the verylong-termpredictions 1958 US scientist Charles David Keeling detects yearly rise in atmospheric CcO2 as use of fossil
The IPCC predicts more floods, intense
storms, heat waves and droughts. Its study forecasts a
rise of 14 fuels surges in the boom following World War Il.
to 5.8 degrees Celsius in the
global
mean surface
temperature over
the next 100 years, with develop1ng 1970s European and US scientists identify other gases (chlorofluorocarbons,methane,
nitrous
countries most vulnerable. Other studies are even most
Wildlife Fund predicts "dangerous" apocalyptic.
A report commissioned
by the Worid OXide) as greenhouse gases.
warming of the earth's surface in as little as 20 with the Arctuc 1979- Landmark report by US National Academy of Sciences pins greenhouseeffectto
climate
waming much that its polar ice could melt in the summer the
so years,
it is late".
change and warns "a wait-and-seepolicy may mean waiting until
by year 2100, too
to extinction. polar bears close pushing set under UN auspices. Milestone
in
1988 IntergovemmentalPanel on Climate Change (IPCC) is
forging scientific consensus on how to measure and analyse global warming.
 Author-Pro,
kash K. Mokat
Prakas
157 Author-Prof. PrakashK.Mokal
called the
Rio Summi.
University ExaminationQuestions for ShortAnswers
populariy

156. (UNFCCC)

Change
Climate
countries to reduce
cour
Convention on
industrialised

with their 10
992-UN framework

greenhouse-gas ems
S.
requires
990 1)Define'environment'according to EncyclopaediaBritanica.
eves.
which
calls for voluntary cuts in compared
the Kyoto
Protocol,

of
2008-2012 is lc ver: Theenvironmentmeans,theentirerangeof externalinfluenceacting on an organism,both.
further
rucbook

1997 UNFCCCcountries Sign

5.2% by a
target legally-binaing

sical, and biological,andother organism,i.e.forees of

SSOns
of six gases by
greenhouse
Fleshing out
its complex
and
wars What isan nvironmentalLaw accordingto you?
Envi naturesurrounding on individual.
ne
protocol is a "framework". evidence for global o bo 2)
the (March AnswerEnvironmentalLaw isa rulesand regulationsmade by Legislaturein relationto the
negotiations.
2001 (Jan-March) The IPCC issues
three reports,
declaring

climate
are
difticut
to

George W.
pn aown. 2001)tho
Bush questions environment EnvironmentalLa
for theKyoto.
incontrovertible although the
consequences abandons
resident
Pre1
CNpensSIve for the
and
tO0 Statepreciselythe twofeaturesor principleslaid down by the Stockholm Conference.
US, the biggest single CO2 polluter.
wanming and
says
Kyoto is untair

on the
treaty's rulcbook AnSWeri Naturalresourcesofthe carthlikeair, water.land, floraand fauna mustbe safeguarded:
scientific evidence for global minus the US, agrec
is
1S acco
accelerating Wildlife and its habitatmustbe protected,etc.
al warming
warming

economy. (November2001) Kyoto

-
sigatories,
that global
be affectedd most. What is Environment Pollution ?
scientist warning(April
concern

studies
fuels countries
will 4)
2002 onwards Furry of ientific climate. Poor
tropical
the a leading
scientist
about AnSwer EnYIronmen POIuiion1S unfavourablealterationof out surrounding,whollyor largelyasa
eversible
effects on
chairman
Robert
Watson,
by-productof man'sactions,radiationlevels,chemicaland physicalconstitutionand abundanceo
forces out IPCC
2002)- US pressure disasters in 2003 at
organisims.

climate change. cost of clmate-related State few wastes that create a variety of pollution problems.
Re puts the
Insurance giant Munich Answer:Garbage,rubbIsh,ashes,sewage,industrialproducts,liquid wastes,etc.
2005 (December)
-

al 1s
Its approva needed to t
S60 billion. Russia
ratifies Kyoto.
clauses. (Deco. 6) State the salient features of the Earth Summit held in Rio de Janeiro, Brazil, in 1992.
2004 (November) - After severa years'
hesitation,
arithmetic of its
ratificati0n
ember Answer:Salientfeaturesincludetheneedto halt deforestationforthwithto maintainthe ecOsystem
the drafi pact into an international treaty
under the
China is now the
world's second-i -biggest carbon and speciesS.
2004) - The International Energy. Agency (IEA) says the kinds of Pollution.
its fast-growing econony 7) State
of fossil fuels to power
Pouter, due to surging use
Answer:i NaturalPolluion:ii) ArificialPollution-a) waterpollution.air_pollution,nose
annually -due
pollution,land pollution,radiationpollution,etc.
to globalwarming:
Mount EverestlosingheightdueEverest its height nearly
- U.I metre
8) State any
four causes of pollution.
is gradually losing revealed.
Oras highest peak, mount
and shrinkingof glaciers in the Himalayan
region, a Chinese survey nas
irom 8,849.75 metre
Answer : Populationgrowh.i) Industrialdevelopment.i Degradationof environment,iv)Air
obal warming declined in the 33 years ending
in 1999, lowering pollution,V) Noisepollution.
he mountain top by
13 metres intenauonal symposium on Directive Principlesof State Policy under Article 48-A of the Constitution of India.
to a scientific survey
released at a recent 9) State the
to 8,848.45 metres, according south-west China's I
10et. AnSwer "TheStateshallendeavourto protectand improvethe environmentand to safeguardine
inghai-Tibet plateau held in Lhasa, capital Ihe lalling speed reducedto
The 1966-1975 drop, was about 0.1 metre per year,
the survey result shOWs. forests and wildlifeof thecountry" of
metre from 1992 to 1998, Xinhua of duty imposed on the citizens under Article 51-A (g) of the Constitution
0.01 metre between 1975 and 1992 and again
accelerated to nearly 0.1 10) State the kind
the findings of the survey. Though the exact India.
news agency reported on Ist of September, 2004, quoting
thickness of snow atop mount Everest (Qomolangma
in Chinese) remains a mystery
for scientists around
AnSwer:"1shallbetheduty ofeverycitizenofIndia to proectandimprovethe naturalenvironment
includingforests,lakes,IIVersand wildlife,and tohavecompassionforlivingcreatures"
was metres. more than 2.5
the world, the measure by Italian mountaineeringteam
taken an
of glacier has to comply with the principles of the
Global waming accelerates the process of conversion from soft snow to ice. Consolidation
11) What steps the Indian Government had taken in order
Stockholm Conferenee?
also led to the decline of mount Everest.
Earth couldspinout of control: Answer i) 42nd Amendmentto the Constitutionof India;ii) Water (Preventionand Controlof
The head of the Kenya-based UN Environment Programme (UNEP) warned on
16th Feb. 2005 that the Pollution)Act, 1974; ii) Air Preventionand Control of Pollution)Act,1981; iv) Environment
effects of climate change may lead to Earth's "spinning out of control" and urged immediate steps to halt Protection Act, 1986.
global warming 12) Define 'nuisance'.
hereditamentsof
Answer "Anythingdone to the hurt or annoyanceof the lands,tenementsor
another,andnot amountingto atrespass Tribunal under the National Environment
13) State the composition of the National Environment
Tribunal Act, 1995.
Vice-persons,Judicial
Answer The Tribunalshall consist of a Chairpersonand such numberof
Members and TechnicalMembersas the Central Governmentmay deemfit. National
orders of Tribunal under Section 25 of the
14)State the penalty for failure to comply with
Environment Tribunal Act, 1995.
 Prakash
Author-Pro1,
pUn K. Molk
158 made bythe lribunal, ne Shall be
order
wth finewhicn
may extend nd tohable
ten with nSwer: EnVironnen Cuaes water,air
Ansy
159. Author-Prof. Prakash K. Mokal
Answer: "Whoever laiis to ccomply withany threeyears,
fails to
to
or
akh betwcen water,airandland,and human and land and the inter-relationshipwhich existsanmOE
mprisonment for a term whichmay exicna property. becings,other living creatures.plans,
ants, micro-organismand
Tupees,or with both". and en 0What is 'environmentalpoutant' under the Environmental
15) Define 'Sustainable Development
AnSWer : "SustainableDevelopment"
means, an
integration of developient

Brundtland
Report.
ironmenal Answer: "Environmental poilutantmeans,any solid,liquid orProtection
ncentrationas may DC. Or tena to be injuriousto gaseous
Act, 1986?
substancepresen n sucn
nperatives"
16) Give the definitionof 'Sustainable
as given in
What is 'environmentalpollution' environment"
Sustainable Developmen 5hat mects the needs o1IhC present under the Environmental
Development'

Answer:"SustainableDevelopmentisthe ueveet theirown nceds withour AnSwer: "Environmentalpollutionmeans, the Protection Act, 1986?
presencein the environmentof any
Compromisingthe abilityof the futuregenerali0n ont pollutant.
What is 'hazardous substance' under the envirOnnienta
State any two salient features of 'SustainableDeveioj Precautionary iple;iii)
Principle; iii) The
AnSwer: "Hazardoussubstancemeans, substanceor Environmental Protection Act, 1986 ?
resources;i) The objeg
Conservation of natural preparationwhich, by reason of its chemicalor
of cnvirone
Cnironmental protection;iv) The PolluterPaysPrimcipica nhysio-chemicalpropertiesor handling,is liable_to cause harm to human beings. other ving
18) What is 'Polluter Pays Principle' ? not Onl ereatures plants,miCro-organiSm. propertyor the
means_that, the absolute liability for
harmto the envIronment eXtCnds 1Who
31)
is the 'occupier in relation to any environment
erlt restoringtheenvironental degradation Act, 1986 ? factory premises under the Environmental Protection
compensatethe victin of pollution, but also,thecostof
AnswerOcCupier,in relationto any
affairs of the lactoTy or the premisesfactory
19) State any two objects of the Water Act, 1974.
and abatementoI the warer pollution: premises,means, a person who has controlover the
ri) To providefor the prevention,control viewtomprement the afore. and includes, in relation to any substance,
providefor the establis of Centraland StateBoards.with aassigningtO SuchB0ards fune possessionof thesubstance". the person_in
provide forconferringonsuchBoards
powersand iOns DefineBio-MedicalWaste' as defined under the Bio-Medical Waste Rules.
relatingthereto;and iv) For mattersconnectedtherewitn. Answer:BI0-VeaicalWaste means,any waste whichis generated duringthe diagnosis,treatment
20) State any two objects, of the Air Act, 1981. immunisatiOnOL numan beingS or animals or in research activitiespertaining or
Swer i To providefor the prevention,conirolandaabatement oftheAir poluuon;ii) To provia. production or testingOf biologIcals,and includingcategoriesmentionedin thereto,or in the
implement theatoresaid purpose defined under Hazardous Wastes Rules,Schedulel
Or tne establishmentof Centraland StateBoards,with view to toSuch BoardSunctions relatma 13) Define 'Hazardous Wastes' as
1989.
DrOVIde for conferringon such Boardspowers and assigning ng Answer"HazardousWastesmeans,any waste which by reason of its physical,chemical.reactive.
thereto:and iv) Formattersconnectedtherewith. tOxic.flammable,explosiveor corrosivecharacteristicscauses dangeror is likelyto cause danger to
21) Define 'air pollutant' under the Air Act, 1981. health or environment,whetheralone or when in contactwith other
wastesor substances
Answer: Under the Air Act, 1981'air pollutant means,any solid,liquia or gaseoussubstance 34) Give the definition of "Environmental Impact Assessment"
neluding noise)presentin the atmospherein such concentrationsas may De Or tend to be injuriousto Answer EnvironmentalimpactAssessment"means,
humanbeingsor otherlivingcreaturesor plantsor propertyorenvironment. effects of human activitieson environmentalsystem. a_procedurefor bringingout the potential
22) What is 'approved appliance' under the Air Act, 1981? 35) State the purpose of Eco-Marks.
Answer:'approvedappliancemeans.any cquipment of gadgctused for the burmingof any Answer: Eco-Marks are generallyused to obtaincertainobiectiveslike,o providean incentive
combustiblematerialorforgeneratingor consuminganyfume.gas or partieulatematterand approved manufacturer to reduce adverse environmentalimpact,and ultimately,to improve the qualityfor
of
bythe StateBoard for the purposesof this Act. environmentand to encouragethe sustainablemanagementof resources.
23) What is 'control equipment' under the Air Act, 1981? 36) State the kinds of forests under the Forest Act, 1927.
Answer controlcquipment'means,any apparatus.device.equipmentor systemto controlthe Answer: i) Reservedforests;ii) Villageforests:ii) Protectedforests:iv) Non-Governmentor Private
qualityand mannerof emissionof any air pollution,andincludes any deviceusedfor securingthe forests.
efficientoperationof any industrialplant, 37) What is 'animal' under the Wild Life (Protection) Act, 1972?
24) What is 'emission' under the Air Act, 1981 ?
Answer 'Animal' includes nammal, birds, reptiles._amphibians,fish,_other chordates and
Answer: 'emission'means,any solid or liquidor gaseoussubstancecomingOut of any chimney,duct invertebratesand also includestheir young and eggs.
or flue or any other outlet. 38)What is 'animal article' under the Wild Life (Protection) Acet, 1972?
25) What is 'industrial plant' under the Air Act, 1981?
Answer: 'Animalarticle'means.an articlemade from any captiveanimalor wild animal,otherthan
Answer:Industrialplantmeans,anv plantused for anyindustrialor tradepurposesand emittingany vermin,and includesan ariicleorobiectin whichthe wholeorany partofsuch animalhas beenused,
air pollutantinto the atmosphere.
26) What does 'Bar of Jurisdiction' under the Air Act mean ?
andivoryimportcdintoIndiaand an articlemade therefrom.
39) Give the meaning of 'Ozone'
Answer Section 46 of the Air Act, 1981statesthat "No Civil Court shallhave AnSwer: Ozoneis an allotropieform of oxygen in which 3 atoms fornm 1 molecule(0). It has a
entertainany suit or proceedingin respectof any matterwhich an Appellate jurisdictionto
under Air Act to determine,and no jurisdictionshallbe grantedby Authority constitutecd pungentsmell.Itis producedby a silentdischargeof electricity.
any Courtor other authorityi 40) Define 'uncured trophy' as defined under the Wild Life Protection Act.
respectof any action taken in pursuanceof any power under
27) Define 'environment' under the
Air Act"
EnvironmentalProtection Act, 1986.
 Author-Pro1,
Prakash K. Mokat
vermin
160
animal or
wild animal
killed wild
ouner han
animal,
ambero which has no 161._ Author-Prot,PrakashK. Mokal
Answer: Whole or any part of any includes a
captive
freshly musk and
undergonea process of taxidernmyand
otheranimalproducts. is
nder
theIndian
Reserveu 1927,the State Govenment ovoW
the Indian Forest Act, what is
Forest Act,
a
UOvernment, or
over which the
UNIVERSITYEXAMINATIONQUESTIONPAPER
Answer:UnderSection3 ofwaste-land
co
whichis the
_property O1
Family Law -1" [RevisedCourse
nd or
Governmenthas proprietaryrights,as Reseh
Forest. tor the contraventi
the penalty
ons ?
Following are [1] to [8] Question Papers
issuhich may xtend the
issued
42) Under the Environmental
provision ofthesaid
Protection
Act or the Rules
made
Act,
imprisonment for 5 yearS,
Or
or the orders or
directions

wine which may [Accordingto Old ObiectiveOuestion PaperPattern|

AnSwer UnderSection 15 ofthe Act, to
lakhrupecs,or with both. the
Hazardous
Waste Rules.
3) Define 'authorisation' as defined under
osal of hazardous
wastes granted bythe
swer Authorisationmeans, permissionand dispu
compctentauthority. under the
National Tribunal
44) Who an applicationfor a claim for compensation Act? [1]
can make

nswer:0Under
45) What is th Section 4 oftheAct,
cad personor an injuredpersonor owner or tne damagcd property
authorisedagentor organisationor Giovernment.
ts are made forthe
operty or lega April, 2005]
statements Time: 3 Hours
What is the down nder the Air Act
wvhen false
Marks 100.
penalty laid
purpose of obtaining consent?
ODOn.
mprisonment for 3 months,or with fineextendimgto RS. 00 liable under the Air Act. With Solutions
46) Cnuon the two defences for a Company in order to be held not NB. (1) Answer Section I on the Question Paper itself.
Answer: UnderSection49 (1) of the Act. if i is provedthat oirenCw Omed withour ut .his (2) Use Answer Sheet and Additional Sheets for Section II.
knowledge.and that heexercisedall duediligenceto prevent
47) What is Eco-system ?
(3) Section I shall be collected at the end of the First Hour of
the examination.
Swer iA collectionof living organisms,their necessaryresourcesandtheir habitatand the
their habitat_and
SECTION-I (Marks: 40)
Inieractionin aself-containedand sustainablemanner.
48) State the Preamble of the Air Act. 0. I: In case of multiplechoicequestions,only one optionis
correct.Choosethe correctone by
puttingtick mark in thesquare box provided againstthe optionand fill in the blanks.
Answer: "For prevention.controland abatementofair pollutionenactmento1tNis_Statutewasanar In case of
internationalobligation(Stockholm)". questions,-answer in one sentence.
49) Define 'occupier'as defined under Bio-MedicalWaste Rules, 1998.
I. Do as directed:
Answer:Apersonwho has controloverinstitutionslikehospitals,Dursinghomes.pathologies 1. Soil erosion is causcd by
laboratories,etc. (a) acid rain. (b) ozone
50) Define 'trophy' as defined under the Wild Life (Protection)Act, 1972. depletion. (c) deforestation. (d) pollution.
2. The biotic components of the environment are the
Answerrophy
means,wholeor anv partofanvcaptiveanimal,otherthan vemin,whichhasben following-
a) minerals. b) animals. c) microbes. d) topography.
keptor preservedby any means,whetherartificialor natrural, Tick the correct options.
51) What is a 'village forest' as defined under the Indian Forest Act, 1927?
3. Which of the following definitions of pollution is eco-centric. Tick the correct one.
Answer:A villageforestis establishedwhen a Stateassignsto a VIlagecommunityrightsoverany
landand which hasbeenconstituteda reservedforest. (a) "Any impurity ot such concentration as may be injurious to the environment".
52) State the objects of the Indian Forest Act, 1927. (6) *Any environmental modification which has undesirable eftect on human life and health".
Answer:Toconsolidatethelaw relatingto forests,thetransitof forest producesand the (c) "Any unfavourable alteration in the environment as to affect man directly or indirectly.
onthetimberand otherforest produce. dutyleviable 4.On which day the W orld Forest Day is celebrated?
5. Under which of the Lists of the Schedule VIL Forests and Wild Life"
subjects for governance?
(a) List I. (b) List II. (c) List Il. (d) None of the Lists.
6. "Noise Pollution is within the scope of Section 268, Indian Penal Code". Is this assertion correct?
Answer in a sentence.
7. Which
ofthe followingtort law actions provide legal remedies to abate polution?-
a) Conversion. b) Deceit. e) Nuisance. d) Negligence.
8. Which of the following is considered as the "Magna carta' of Environment Protection ?
Tick the corect answers:
 Author-Prof, Prakash sh K. Mokg
162 d) UNEP
c)
Forest
Principles.nufacture of environmentall
a) Trecs in
ine rescTVe 163. Author-Prof PrakushK. Mokal
) Agenda 21. b) Stockho
Dcclaration.

Cconomie
incentives
for the
manulao

frient substances for transport.

Torest. b)
Eco-friendly products. c) Eco- toxic substances. d) Hazardous
9.One of the strategies to provide
product s is - Vho
Wh can complain against violationsof noise
e) Eco-toxCaccording
Audit. velopment" to the Supreme 30. level standards under 2000 Rules?
Environmental
ence). (Answer in one
b) BIS. c) Eco-mark. d)
ElA.

T0. What were the wo essential featuresof "sustau COun 31.0Ovei which land a protected forest cannot be constituted?
in Vellore Citizens Forum Case? Section 144
Cr. P.C. Was
sed? Tick the correct answer -

ln which of the following cases Magistrate'spowerun a) any forest

land. b) any waste land. c) any reservcd forest. d) land over which Government
Kly. Case. d) DD
Case. d) D.D. proprietary rights. has
Tick the correct one.
Medical Trust. c)
Konkan
Goa
Vyas vis Vhat is the object of the Wild Life
Bhopal Gas Leak Case. b) Banglore Protection Act? (Answer in one sentence).
Ghaziabad Development Authority. offences
under she Pollutior
the Pollution Control I ive-stockk in or within a radius of 5 kms. of
prosecute
for a
sanctuary requires-------- --(fill in the blanks).
2.What is the duty of any person who seeks to A A Collector appointea under the Wild Life
Protection Act has which of the following powers
Acts? (Answer which of the following Tick the correct answers
Acts? (Answerin one scntence).
13. Organizing mass education
programme is
one of the
functions of
authorilies a) Notificationof
any area as sanctuary.b)
of claimants. d) Final declaration
Entry, survey, demarcation of land. c) Determination or
under the Pollution Control Acts? rights of a sanctuary. e) Enforcement of restrictions in a
Tick the correct one
Board. c) Joint Board. d)
State Govemnc Governnmiment. sanctuary.

Cral Board. b) State folloWIng principres

ns Countries are not bound
by which the of following
international instruments
with which of the a) Treaties. b) Protocols. c) UN Declarations.d)
ability rule is in Conventions.
consonance

Tick the correct one: yuy. d) Noneco 26. The amendment to tne constitutionwhich is important from environment perspectivesi1s
roluter Pays principle. b) Precautionary Principle.c) Intergeneraluondl the a) 42"d b)21 c) 51st d) 48th.
)
above.
Act? 37. Conventionon climate changes was the outcome of -

15. What accidents are not covered by Public LiabilityInsurance a) Stockholm Conterence. b) Nairobi Conference. c) Vienna Conference. d) Rio de Janerio
Answer in one sentence. Conference.
under 1991 Act is on Whom 38. Kyoto Protocol was signed under
01ne duty to take Public Liability Insurance Policy -------------*--*- Convention.

Tick the coect answer: 39. BrundtlandReport is

concerning -

Board.
State Pollution Control
a workmen. b) State Government. c) Owner. d) Board is signiicant for which of.the a) Forest Conservation. b) Anti-Poaching Measures. c) Sustainable Development. d) Population
17. DayEnvironmental Action Group v/s. Pune Cantonment Explosion.
following? 40. Environmental Law, seeks to repeal the laws of ecology'. State whether this statement is true or
Tick the correct one: false.
to health. d) Right hygienic conditions to
b) Right to education. c) Right
a) Right to information.
18. The Impact Assessment Agency under the EIA Regulationie (Fill in the blank).
-------

SECTION-1- (Marks: 60):

wastes who are exempted irom seeking
19 Who are the occupiers generating bio-medical king
authorisation under Bio-medicalWaste Rules?(Answerinonesentence
the iazaraous Wastes Rules,
Q.1.II:a)AnswerAnyTvo.(bothcarryequalmarks)_
What is PIL assured sustainable development?
= 20.
Z0. ---- -is the authority to identify hazardous wastes under 1989 6.
(Fill in the blanks). b) How has PIL supported environmental activists? = 4.

State the area. 1. a) Explain the power of the Pollution Control Boards
21. Which area of the coastal zone is earmarked as 'No
22. State in one sentence the object of Coastal Zone Regulations.
DevelopmentZone'? i) to take samples. ii) to obtain information.
Under which of the special environmental legislationsis there a provision for constitution of a b) What are the objects of these powers?
23.
Joint Board? Name the Act. 2. a) Explain how hunting is regulated by the Wild Life Protection Act.
24. Air Act 1981 was enacted following powers? b) Explain the purpose and scope of Section 2 of the Forest Conservation Act. 1980.
of the
5

by the Parliament under which

Tick the correct one-
a) Residuary power. b) Power in national interest. c) Power to give cffect to intentional Q.Ill: Writeshortnoteson Any Four: = 20
1. Constitutional duty to protect the environment.
agreements. d) Power on consent by States. e) Emergency powers.
25. How is emission is defined in the Air Act? (Answer it 2. Rule-making power of the Central Government under
senntence).
26. What are the two kinds of disasters? Name them. Environment Protection Act, 1986.
27. Environ:cat Protection Act, 1986 and its rules and orders 3. State monopoly in animal articles.
prevail over other laws. What is the 4. Environmental Audit.
exception to this rule? (Answer in one sentence).
28. Environment statement has to be submitted - 5. Right to development.
a) Every ycar. b) Once in two years. c) Every month. d) Once in five 6. Environment Impact Assessment.
29. Eco-mark is labelling which years.
of the following?-
Q.IV:Read thesituationgiven and answerthequestions.(Attempt Any Two) 20.
 Author-Prot PrakashkK
164. the other 1oka 165.
It had
not joined
Wild Life States who Author-Prof Prakash K. Mokal
1. X' is an Indian State Dound
by the
Constitution

life. Pursu
of
ant to
India.
such
request,
Protection Acu NBwCr
(1)ion
Section I on the Question Paper itself
I will be collected at the end of includingone sentence answers.
requested for a common centrall law on wild law.
central
(2)E nII Support your answers with the First Hour of the
as enacted. Subsequently also, 'X° did not anop Act. 1972. 4)
-

(3) Short notes - Answers should not be more relevant legalsentences. and casc laws.
than ten
examination.
a) Explain whether X is bound by Wild Life PrOee Act provisions
or the Sanctuar
b) Has 'X' the power to declare a
declaration
1ary.
sanctuary X* for the
final
SECTION-I (Marks - 40)
C
d) Bring
Pending briefly
out final the procedure
declaration, what to protection will by
be followed the notified
denotified?
area get Expl"
Explin
tne power of y.
in his
be
denotified?
o.1: n case of multiplechoicequestio correct. Choosethe correctone by
)
Alter final declaration, can any part of the sanctuary

altting tick mark, in the square box nrovid on Is

regard. area and nas the uestions,answer in onesentence. ne optionand fillin the blanks.In case of
an necessa.
(first thirty
e one Objective Questions i.e.
Q. No. 1 to 31 ad verbatim same that of the April, 200
2. 'Sun Brothers Ltd. is operating a rubber procehareais declaredan airpolution contre are as

Ltd. intntro Revised Cour'se Question Paper given above

consent from PCB under Water Act. Subsequently, consent.
Sun Brothers
ds to
closure of the unit
for want of 9 A dam project on river Kuntipuzh, in Palghat District with a view to produce electricity and proVIde
B ordered
to over 2000 people in -

challenge the closure order of PCB. Jjobs a) Doon Valley Case. b) SilentValley Case. c) Vellore Citizens Welfare Forum v/s. Union ot
a) Who can declare an air pollution control area? India. d) Consumer Education and Rescarch Society v/s. Union of India.
Ltd. as to consent ? Explai.
duty of Sun Brothers
DWhat was
33. Any person aggrieved by an by the State Board may,
ordermade --from the date on
within-
PCB the power to order closure? Discuss the relevant provb Is gnt to trade:and
C) Has as to the
consent is VIO1auve
O which the order
was to him prefer an appeal to the
communicated AppellateAuthority under the Air Act.
Brothers Ltd. contend that the requirement a) 45 days. b) 60 days. c) 30 days. d) 90 days.
un
business. Will the contention be upheld?
consent? Explain
with rererence to Air Act 14. In which
case was the Supreme Court
required to answer as to what would be its' role when ît is
Ltd. as to
ne auty of the Saurav Enterprises contronted with and
policymatter, duties regardingenvironment.
fundamental
localnny. at oe With carbon
rubber factory in a
a) Tata Tea Lid. vis. State of Kerala. b) Goa Research Foundation of India v/s. Union of India. c)
"Rubest is an enterprise running to the people in Tthe locality. Tha
d. a
inconvenience Om Govind Singh v/s. Shanti Swarup. d) Sadchinand Pandey v/s. State of West Bengal
caused great
particles emitted by the factory and even
things
onThe inside the buildings 35.Two or more Governments of contiguousstates may enter into an to constitute a-
agreement
the clothes, walls of buildings
particles got deposited walls of a famous
Jain a) Central Board. b) State Board. c) Contiguous State Board. d) Joint Board.
on

the Distriet Magistrate.

of the locality complained to commits a public nuisance in any case not otherwise punishable under I.P.C., shall be
Two residents carbon depoSIES. 36. Whoever
temple in the area severely damaged by the
were
fine, Which may extend to Rs.------------.
punished with
a)What can the Magistratedo for the residents ofthe locality a) Rs.500/-. b) Rs.1000/-. c) Rs.5000/- d) Rs.200/
b) complaint by just two persons sufficient? Explan.
Is
Power to give directions is given to the Board under
Section----of the Water Act.
owners of the temple? Discuss. 37.
C) Can Magistrate award compensation to the a) 33. b) 33 (2). c) 33 (A). d) 31.
d) What is the nature of the wrong suffered by the owners of the templeCOurt. strict liability, which of the following must exist.
of the temple in a Civil 38. In order to fix up
e) What remedies may be sought by the owners
a) Dangerous thing. b) Escape of thing
collected. c) Non-natural use of land. d) Allthe above.e)
The waste from A and
B is dumped on, an open site None of the above.
4. A, B, C and D are located in Mumbai. Environment Protection Act
from the laboratory is also with or contravenes any of the provisions of the
and the waste 39. Whoever fails to comply with
besides D's home. C runs a pathological laboratory issued thereunder shall in respect, be punishable
collect the waste. The nearest
or the rules
made or orders or directions
bin at that place to
dumped at the same site. There is
no community
relevant provisions and case law- which may extend to
-

from that place. Explain with imprisonment and fine c) Two years and
community bin is 250 metres away Seven years and five thousand rupees.
Six months and ten thousand rupees. b)
and B? a)
a) What action can be taken by D against A five thousand rupees. d) Fiveyearsand one lakh rupees.
b) What action can be taken by D against C ?
was formulated by
the House of Lords in-
India. d)
40. The rule of "strict liability' Mehta v/s. Union of
authorities? v/s. Stevenson. c) M.C.
c) Can D take any action against the Municipal a) Rylands v/s. Fletcher. b) Donoghue
the Pollution Control Board ?
d) Can D take any action against Subhash Kumar v/s. State of
Bihar.

SECTION- II- (Marks 60):

= 20.
[2] (both carry equal marks):_ of environment

Q.I1: Answer Any Two. in relation to protection

of the Central Government
November, 2005] the
i)What are powers
under
Environment
Protection Act, 1986?
as contemplated environmental protection.
commitment to
Constitutional
ii) Establish our

With Solutions
 Author-Pro1 Prakashk
166. of the environment
witn special refe
oka
to the
lain briefly the 167.
iii) Make the of protection Procedure
C 1)Explain
: Noise Rules,
law
regulatingnoise Author-Prof. Prakash K. Mokal
under the
appraisal Criminal
EnvironmentProtection Act,
Provisions in Indian Penal Code
and Answer
2000=Rule3 :Categorisation 1986.
of areas into Zone Rule
Central GovernmentStateGovemment/Distriet
N 2(c): Authorities
Q. 111:Writeshortnotes on Any Four:. uSe
of loud-speaker(10p.m.to 06a.m.. Magistrate/Police Commissioner;Rule 5 : Restrictionson
Offences under the WaterAct.
2) Stockholm Conference. Saurav Enterprises Ltd. aare
av Enterprises
) manufacturers
of
3) Right to Education. e. The Enterprises stores toxic chemicals in chemicals. Their chimney emitted ly ash and
4) State monopoly in animal articles. S eSummer heat, one of the three tanks
(10,000 gallons
capacity). Due
pressure valves regulating the tanks to
5) Silent Valley Case. cals was emptied into the
neighbouring
burst and 10 gallons
tOxICo1
6) Vellore Citizens Forum v/s. Union of India. cnrare plants and trees were all garden owned by Mr. Bhatia. Mr. Bhatia's prize
what is the duty ot the
completely destroyed. Bhatia suffered immense
Q.IV Saurav lo.
Enterprises Ltd. as to consent? Explain with reference to Air Act.
SolveAny Two situationalproblemsS a)rUnder Section21 of the Air Act, pollutioncontrolareathe
1) Dev Dhut and his friends camped in the Gir
Sanctuary for
2 days. They
were phot
hotographersnd
were r0ana
Answe
are the powers of the State Board to
Vhat a
deal with such consentis mandatory
competition. wnen they wer:Under Section25 of the Air Act, power to take emergency situations?
intendedto participate in an international photography On way back to their
tents,they Answer
early remedialmeasuresand recoverexp
Jungle they spotted lion and
a one of themshot it dead fromthe concernedperson.
saw 3 rare antelopes
lying dead.
Can Mr. Bhaa nave aciVil action
against Saurav Enterprises Ltd.
purposes?
permit and for
which
nd available to Mr. Bhatia and the for compensation? Explain the
Ancw uy camp
in a sanctuary? Explain who gives
With the permissionofthe Chier_Wld Life Warden.
ground

Ltd.
availability/non-availabilityof defences for Saurav Enterprises
P S anybodycancampina Sanctuary. payinentOIprescribed fees
nswer:
28 ofthe WildLifeProtectionAct, 1972,subiectto such conditionsand
b) What penalties will be attracted for killing the lion?
ns
Leakcase.
Yes, Mr.Bhatiahas a right of civilaction."Absoluteliability Rule"as laid down in Oleum Gas
Answer : Section 51 of the Wild Life Protection Act. 1972 will apply.AS1 S CseOt huntingin t. d) Can a PIL be filed in this case'? Explain.

r The penalywillbe s yean dd Lmay be extended.

the first provisoto S. 51 will be attracted.
Answer Yes the PubicInterest Litigationcan be filed in this case,as the
activitiesof the Saurav
Years imnprisonment and a fine of Rs.25,000/-shallalso beleviabie Enterprises migntprove nazardousto the generalpublicalso,if proper care is not taken. 1The SauravY
C)What defence can be validly pleaded against the charge of killing tne no
Enterprises are handing "hazardoussubstances as laid down in E.P.A.The toxic
AnSwerSclf-defence underSection11(2). Thedefencewill beacceptableonly L, at the
time when the humanbeings,plants,propertyor environmentand,therefore,the Actis applicable. chemicalscan harm
proVISionsof the Ae
ce was necessary,the person exercisingthe defencewas not contravenngany AC
or Rulesmadethereunder.
a) What i1S the duty of Dev Dhut and party regarding the remains of the antelopes
Answer Under Section27 (2) (c), theirduty is to reportthe death of the animaland to safeguardthe
3
remainsof the dead animaluntil ChiefWild Life Warden or the authorisedofticertakeschargeof the [November,2005]
Same.
e) The person who killed the lion will have the right to claim the dead body? Is the statement true? Give
reasons. With Solutions
Answer:No,hehas noright.Therefore,the statementisnottrue.Accordimgto Section59, wild animals N.B.
which are huntedfor any reasonare Governmentproperty.S. 113) alsoclearlylays downthat,even (1) Answer Sectionl on the Question Paper itself including one sentence answers.
animalkilledin defenceshallbe Governmentproperty. be collected at the end of the First Hour of the examination.
will
(2) Section IIl-
2) On Navratri Days, Savitri Mitra Mandal' played loud music on the road and arranged for (3) Section Support your answers with relevant legal provisionsand case laws.
(4) Short notes Answers should not be more than ten sentences.
Dandiya uptil 2 a.m. Although objections were taken by the nearby residents the Mandal refused to
stop. SECTION-I (Marks: 40)
a) Will the act of the Mandal amount any offence under the Indian Penal Code? Explain.
Answer: It willcould
amounttheanresidents
ofenceofhavePublicNuisanceunderS.268 oftheI.P.C. Q.I: In caseof multiplechoicequestions,onlyone optionis correct.Choosethe correctone by
b) What remedy got from the Magistrate? Explain. puttingtick mark,in thesauarebox providedagainsttheoptionand fillinthe blanks.In case of
Answer Under Sections133 and 144 of the Cr.P:C.orders for removalof the nuisance. questions- answer in one sentence.
all reasonable times, any
c) Will the act of the Mandal
amount to a civil wrong? Explain about the nature of the civil 1. Under the Air Act, it is the function of the -------

****------to inspect, at
wrong, the directions to such
persons who can initiate action and the remedies available. control equipment, industrial plant or manufacturing process and to give, by order, such
abatement of air
Answer : Yes, it will amountto a civil wrong. Natureof the civil persons, as it may consider necessary to take steps for the prevention, control or
nuisance. For private nuisance, the personaffected can initiateanwrong is tort of privateand publie
action. For publicnuisancetne pollution. Board.
Advocate General/tworesidentsof thelocalitycan initiatean action. (a) Central government. (b) StateGovernnent.(c) State Board. (d) Central
 Author-Pro, Prakash
168 of Pollution)
Act
1974 Moko
2. Define occupier' as given nder the Water
under the
(Prevention
and
Control

e omitted by Act 44 of 1991, hence, the 169. Author-Prof,Prakash K.Mokal

framing of this object
he paper setter is wrong and confusing). jective question and the answer provided by
Wrie S in the
year-
3.
S, The
Answer: WriteSection2(d)oftheA
er:
The Stockholm Conferenee on the Human
Environment
was
held
18. What is Green House Effect?

ity with
comnnunity with each AnSwer:Bumingcoal. oil, natural releasec o2 and
(a) 1927. (b)1972(¢) 1982. (d) 1992.with the infraredradiationeacih gets heated upgases
bioticC
relationships ofthe other green-housegascs-C0Ld
stion is vague and answer confusing. Such- also calledatmosphericeffect/global warmingot c0
bsorb
Ihe branch of sciencethat is
and with
concerned

their surroundingsis-- ****.

(Quest
question can be avoided by the paper sett
tudents cannot!). setter surely, but the
Answer:ccology.
5. The was
constituted
in the ycar
a) It is essential tor assessing the
Tiwari Committec on Environmental Protection'

consequences of projects. plans at different levels before they are

ted. (b) It guides administrative
6. The
(a) 1908. (b) 1908. (¢) 1980. (d) 1986.
eN nrevention rather than cure. Byagencies in balancing social values and
these statements we are environmentalquality. (C) lt
Bhopal Gas Disaster case was settledfor U ams
talking about
* Dillhons. (b) 490 millions. (c) 490 billions. (d) 470 miunod Answer: Environmentimpact Assessment. *******************.

7.
in the name of "Our
Common
port prepared by the World
Commission on
Environment

Developme
and Devel.
20. The---*---

mark Labelling Scheme.

------ and ----

-are the implementing agency for the Eco-

Future
Answer: BrundtlandReport. Answer: Bureau of lndian Standards(BIS)and Directorateof
8. The ability of nature of -----------**.

With a plethora of industrial Marketingand Inspection(DMIL

remaining unchanged is caleo 21. ventures at the take off
stage of development, ******-******---**
Answer: Ecologicalbalance. Rules, when the noio recognises self-regulation among the industry
with a view to tailoring environmental safeguards into
defined underNoise Pollution ustrial activities. It was a concept added by the amendment notification in 1992 into the Environiment
hthe made to the authorityas in the corresponding ol.v
indust

exceeds
CNCeCas ambient noise standards by-- or more as given columns Protection Rules.

against any area/zone. (a) Eco-mark. (b) EnvironmentImpact Assessment. (c)

Underthe Water Act, an Sampling. (d) EnvironmentalAudit.
Answer: 10d 13(A)
10. Two Greek words
22. application for consent would be deemed to have been granted
'Oikos' and Logos' combine togetler10n nconditionally,if nothing is heard from the Board within a period of--
Answer:Ecology. application.
--months
of making the
I1. The world Environment Day falls every year o- a) two. b)four. c) three. d) six.
**-**
(a) march, 5th (b)June. 5th (c) May, 5th. (d) April5" 23. The power given to Mag1strate under Section- f Criminal Procedure Code
12. The
can be used
Bhopal tragedy took place in the year by the Magistrate to abate Public Nuisance.
(a) 1998. (b) 1968. (c) 1986. (d) 1984 a) 163. b) 173. c) 133. d) 103.
13. "t is our fundamental duty to protectand improve the natural environmentincludng forests, lakes, 24. In which of the following public interest litigation, the Court held that the
petition was filed to protect
Tvers and wild life and have
compassionfor living creatures".Which law makes this provision? State the the personal interest of the petitioner rather than to protect the interest of the people in general -
provision under the law. a) Indian Council of Enviro Legal Action v/s. Union of India. b) Rural
Litigation and Entitlement
14.
AnSwer: ConstitutionalLaw of India,=Article51(A)g
Scction 22A (3) of Air Act, the Court to which an applicationis made by Board for restraining
Kendra v/s. Union of India. c) Subhash Kumar v/s. State of Bihar. d) M.C. Mehta v/s. Union of India
Under
persons from causing air pollution, such Court can -
(Ganga Water Pollution Casc).
25. Under which of the Lists are Industries' a subject for governance?
(a) direct such persons to desist from taking such action as is likely to cause emission. a) List I. b) List II. c) List IIL. d) None of the above.
b authorise the Board, if the directions given are obeyed by the person, to implement he 26. Define 'Public Nuisance as defined under the Indian Penal Code.
directions.
(c) all expenses incurred by the Board to be recovered from such person.
Answer: State Section 268 brietlyie. publicnuisancemeans,an act of causinginjury,danger or
(d) alltheabove. annovance to the publicor property
27. It was the
ingeneralandcausingobstruction.
--movementin Tehri Garhwal distriet of U.P. where the women
of the
(e) only (a) and (c).
15. What is protection of action taken in
village actually hugged the trees to prevent their felling.
good faith under the Pollution Control Act? Answer:CHIPKO
Answer: No suit or other_proceedingshall lie againstthe Government or any 28. Which of the following are accepted to be contents of sustainable development'based on Brundtland
Government or Board in respectof anythingdonein good faith. officerof
16. Tables were turned Report a) Inter-GenerationalEquity. b) PrecautionaryPrinciple. c) Polluter Pays Prineiple. d) All the
by landmark decision of the Supreme Court in- above, e) Only b) and c).
(a) Vellore Citizens Forum v/s. Union of India.
29. No court shall take cognisance of any offence under the Environment Protection Act except on
(b) Maneka Gandhiv/s. Union of India. complaint made by - a) Central Government or any authority or oftficer authorised in this behalf. b) Any
(c) Mukesh Textile Mills v/s.
Subramanya Shetty.
(d) Ganga Water Pollution case. person who has given notice of not less than one month of his intention to make a complaint
to the

17. What are the Central Government. c) Both, a), and b). d) only a). e) None of the above.
'proteetionareas' under the Wild life 30. In which of the following case, has the Supreme Court declared the chemical industries as the main
Answer: nmeans a Nationalpark, sanctuary, Protection Act? b)
notified under Sections 18,35,36A and 36C of the conservation, reserveforest, Culprit of pollution a) Indian Councilof Enviro-LegalActionv/s, Union of India(BicchariCase).
Act. (lt may be noted that community reserve Section 36 of the Act has
 Author-Pro1, Prakash
170.
Mills Ltd. v/s.
Govermiment
oI A. P. d)
) Oleum 1okaGas ) Coastal Regulation Zone. 171. Author-Prof. Prakash K. Mokal
Paper
haran Lal Sahu v/s. Union of India. c) Shirpur provides as vi) Silent Valley Casc.
Leak Case.
Liability
Insurance
AC,
T991

b) Reli
follo
31. The statement of objects and reasons ofthe Public
of delayed
relief and
compensanon.
scldom
scldom have the willino. he Q. IV : Solve AnyTwosituationalproblems
readily a) Victims suffer
conmpensate the victims. hardships
great d) because
To provide mandatoryPublic
Industries

c) LiabilityInsurance. e) All the ahs as per 20.

Victims through tribunal.
Dev Dhut and his iriends
legal process at the environient waste a ) camped in the Gir
Sanctuary for 2 days. They
Bio-mcdical

or treatmen c) photographers intended to participate

and
in an international wer
32. The
transportation
the When they were roaming in the photography competition.
Rules a)
following procedure to be followed for
storage,
by any
vehicle for
other
jungle they spotted
their way back to their tents, they saw a lion and one of them shot it dead. On
Segregated into containers/bags. b) Transported hall be mixed with or the wastes above. a) Can anybody camp in a
3 rare
antelopes lying dead.
bio-medical waste shall be kept stored beyond 48 hours. a v) None sanctuary?
above. iv] a) andc). Explain who gives permit and for which
i a), b) and c). i] b), c) and d). ii] All the
1995? Swer : YCS, anybodycan camp in a Sanctuary, With purposes
the permission of the Chief Wild Life
33. What is the
objectoftheNational EnvironmentTribun Warden u/s. 28 of the Wild Life ProtectionAct, 1972, subjectto such conditionsand payment
Answer: See the Actof 1995, Advisory the Wild
Life Protection Act. prescribedfees. or
of the Wild Life Board under b) What penalties will be attracted for
uties killing the lion?
Answer: Sec Section8 ofthe Wild Life ProtectionAcl a Castal
Regulation Zone
Zone where no Answer :Section51 ofthe Wild Life Protection Act, 1972 will apply. As itisa case of hunting
35. The landbetween ----- and is declared as in the sanctuary,the Iirstprovisoto S. 51 will be attracted.
--------
construction activity is allowed. be extendedto / yearsimprisonmentand afine of The penaltywill be 3 years and it maY
Rs. 25.000/- shall also be leviable.
Answer: Low Tide: High Tide. reserved forest by a hotilication and
no
c)What defence can be val1dly
pleaded against the charge of killingthe lion?
36. The State Government could constitute any forest land as a
Answer Self-defenceunder Section 11 (2). The defencewill
right could be acquired in or over reserved forest except D when the delencewas necessary.the personexercising be acceptableonly it, at the ti
c) by any other pers
icce
b) under a grant or contract
entered into with
Govemment.
ersons provisionsoftheAct or Rules made thereunder. the defence was not contraveningan
and
naving pre-existingrights. d) Allthe above. e) Only b} c). d) What is the duty of Dev Dhut and party regarding the remains of the
S1.
Importof hazardous wastes to India as per Hazardous Waste kui antelopes?
b) is permitted for processing or reuse as raw
material. c) iS permitted after th Answer:UnderSection27(2)(c),theirduty is to reportthe death of the animaland to safeguard
s pernitted.
shall infom the concernea Fort Authorit the remains of the dead animaluntil ChiefWild Life Warden or the authorisedofficer takes
entral Government or State Pollution Control
d) is not
Boards
rity. chargeof the same.
pemitted above.
e) The person who killed the lion will have the
right to claim the dead body? Is the statement
58. The
a, b) and c). i) only ii] c). b) and d). iv] None of the
b). true? Give reasons.
chairpersonof the National Board for Wild Life is...
Answer No,he has no right.Therefore,thestatementis not true.Accordingto Section 39, wild
Answer: Prime Minister.
39. State the power of the State Government under Section 3 of the Indian Forest Act, 1927. animalswhich are huntedfor any reasonare Governmentproperty.S. 11 (3)also cleary
downthat, even animalkilledin defenceshallbe Govermmentproperty. lays
Answer: Read Section 3of theAct.
40. The Hazardous Wastes Rules shall not
apply to- On Navratri Days, Savitri Mitra Mandal'
i1) played loud music on the road and arranged for
a) waste water and exhaust gases covered under Water Act and Air Act. b) wastes arising out of Dandiya uptil 2 a.m. Although objections were taken by the nearby residents the Mandal
operation from ships beyond 5 kms. c) radioactivewastes. d) none the above. e)
of all theabove. refused to stop.
a) Will the act of the Mandal amount any offence under the Indian Penal Code? Explain.
SECTIONl- (Marks :60): Answer:lt will amountan offenceof Publicnuisanceunder S. 268 of the LP.C.
Q.II: AnswerAny Two. (both carryequalmarks):_ b) What remedy could the residents have got from the Magistrate?Explain.
a) What are the powers of the Central Government in relation
= 20. Answer:Under Sections133 and 144 of the Cr.P.C.ordersfor removalof the nuisance.
to protection of environment as
c)Will the act of the Mandal amount to a civil wrong? Explain about the nature of the civil wrong.
contemplatedunder EnvironmentProtection Act, 1986?
b) Establish our Constitutional commitment to environment
protection. the personswho can initiateaction and the remedies available.
c) a) Powers to make rules for protected forests under the Indian Forest Act, 1927.
b) Power to take samples of effluents and procedure to be followed in connection there with as
Answer:Yes. it willamountto a civilwrong.Natureof the civilwrongis tortof privateand
publie nuisance.Forprivate nuisance.thepersonaffected can initiatean action.For publie
contemplated under the Act. nuisance the Advocate General/rworesidentsof the localitycan initiatean action.
d) Explain briefly the law regulating noise under the Environment Protection Act, 1986.
Q. III:Writeshortnotes on Any Four: Answer:NoiseRules,2000-Rule3: Categorisationof areasintoZones;Rule2(c):Authorities
i) Offences under the Water Act. 20.
ii) Stockholm Conference. Central Government/StateGovemmentDistrictMagistrate/PoliceCommissioner,RuleS:
ii) Right to Education. Restrictionson use of loud-speaker(10 p.m.to06am..
iv) State monopoly in animal articles. Saurav Enterprises Ltd. are manufacturers of chemicals. Their chimney emitted fly ash and
smoke. The Enterprises stores toxic chemicals in three tanks (10,000 gallons capacity).
Due
 Author- Pro1. Prakashk
and 1oo
172. regulating
the tanks Durst
by Mr. Bhas allong ) OCver damagesany works or 173. Author-Prof. Prakash K. Mokal
ntense summer heat, one of the pressure
valves
garden owned atia. property belonging to the Board
nished with imprisonmentfor constitutedunder the Alr
sulfe Mr,
neighbouring destroyed. Bhatia e a term which sh all
of toxic chemicals was empticd into
emptied the neign nletely a) three years. may extend to - A
lawn, rare plants and trees
were all cop b) six years.
rIZe referen ce
immense loss. consent? Explain with c) Six months.

) What is the duty of the Sauray Enterprises Ltd. as to

Air d) three nmonths.
Act. mandaton
arcatheconsent Is right to devel«
velopment imposes the
Air Act,pollutioncontrol
The

Formulationof appropriatepolicy.following duties States

4)
Answer Under
6) What arce the powers
the
Sectionof21theofState Board to deal
such emergency situations?
th ke early remedial measures and ree a) on

Answer:UnderSection23 of the Air Act powertotike ccover b)Ensuringequal access to basic resources.
Promote, cncourage and strengthen respect
expensesfrom the concernedperson. Enterprises
Lid. for compensation?Exn d) Alltheabove. for human rights.
c) Can Mr. Bhatia have a eivil action against Saurav
of defences for Plain e) Only a) and b).
ne ground available to Mr. Bhatia and the Saurav
availability/non-availability

Conierence was held in

Enterprises Lid. 5) Kyoto
1abilhtyRule"as laid doown in a) 1997
AswerYes, Mr. Bhatiahas a rightof civilaction."Absolute b) 1992.
Oleum Gas Leak case. c) 1972.
d) Will Public Liability Insurance Act apply in this case?
depend on iwhetherSaur- d) 1986.
Yes the Act willapply.The applicabilityof the Act will
E.P.A. IneTONICchemicals
chemicals Section...... Or 1.r.o.considers
Idling"hazardoussubstances'as laid down i can A noise as
a publicnuisance.
APplicable. a) 268.
L an beings,plants.propertyorenvironmentand,therefore,theACL IS b) 269.
c).270
284
[4 7) The central subject of Agenda 21 is
a) Right to life and liberty.
IMay, 2006 (02.5.06)|L b) Fundamentalduty of Government to protect the environment.
c) Fundamentalduty of citizens to protect the environment.
d) Sustainabledevelopment.
With Solutions 8)The State shall endeavour to protect and improve the environment and to safeguard the forest and
N. B. wildlife of the country". It has been provided under which Article of the Constitution of India ?
(1) Answer to Section I should be attempted on the Question Paper itself.. a) 51A (g).
2) Question Paper of Section I will be taken after one hour of the commencement of the b) 48A.
examination. c) 51A.
(3) Tick the correct alternative or do as directed. d) 21
9) As contemplared under the Environment (Protection) Act, with respect to the power of etry and
SECTION-I (Marks:40) inspection, the provision of .... n relation to search and seizure are applicable except in State
of Jammu and Kashmir.
Q.I: Tick thecorrectoption/Doas directed:
Answer:Section 10 of EPA or Cr.P.C..1973.
1) Constitutional remedies for environmental protection have been given under, 10) Define "Trophy' as defined under the Wildlife (Protection) Act, 1972.
a) Article 21 and 32.
b) Article 226 only.
AnswerTrophy"means,wholeor anv part of any captiveanimalor wildanimal,otherthan
c) Article 226 and 32.
vermin,whichhas been kept or preservedby any means,whetherartificialor natural,
11) In India
most of the environmental jurisprudence has been developed through...the
d) Allthe above. jurisprudeneeof the High Courts and the SupremeCourt.
2) In which of the
following cases, "Right to wholesome environment" a) Original.
fundamental right?
was
recognised as a
b) Appellate.
a) Rural LitigationEntitlementKendra Dehradunv/s. State of U.P. c) Criminal.
b) M.C. Mehta v/s. UOI (Ganga Pollution Case).
d) Extra-ordinary,originalwrit.
c) Koolwal v/s. State of Rajasthan. ?
12) The case, Krishna Gopal v/s. State of M.P. relates to which type of pollution
d) None of the above.
a) Water pollution.
b) Air and Water pollution.
 PrakashK.
174.
Author-Pro, Moka In
which of the
following cases, 175.
c) Noiseand Air pollution.
2)
and affects
the health COurt Author-
expressed the view Prof. Prakash K. Mokal
that smoking pollutes the
ONCIS, hence, it should be
d) Water and Noise
pollution. pollution
control area immediatelu
before
libraries, auditoria, etc.
banned at public environmen
A person already operating any industrial plant in any air of Foluton)
Amendmene a) B.L. Wadhera v/s. UOL. likeplaces hospitals,
and Control
ne commencement of Section 9 of the Air (Prevention commencement, may continue to do so b)MurliDecorav/s.UO
1987, for which no consent was such for a c) M.C. Mchta v/s. UOI
necessary prior to
certain period. This Ishwar Singh v/s. State of Haryana.
period is
a) Six months. Central Government
n 1980,
b) Two years. 23)
and recommend
tions and
legislations recommenameas appointed the the .

c) One year. measures for Committee to review the environmental

a) Gupta. ensuring environment protection-
d) Threenmonths. b) Tiwari
14) "Our common future" is a
report on c) Thakur.
a) Pollutions in the world. d) Banwari.
b) Status of global environment.
essential features
of
Answer:1) Essentialneedssustainable
c) Sustainabledevelopment. 24) The
d) Developmentat all cost. of world's
developmentare...... ent at

the Environment poor and. 2) Inter-generational *********

underthe Environment (Protection) ACt, 1986, wh
Who 25) Under (Froteclion) Act, power of Central equity
y oTence is committed by a company
shall be deemed to be nd improve environmentu/s. 3 with Government to take mcasures to proteet
guilty ofsuch offence? respectto -
a) Company as a whole.
a Planning and execution of a nation-wide
the conduct or tne business of tho h Laying down standards for ambient noiseprogramme.
ne person directly in-charge of and responsible for c) Laying down procedures and
levels.
Company. d)Allthe above.
safeguards for the handling of hazardous substasnces.
c) The Head of the
Department. e) Only a) and c).
d) All the above.
Pollution cases, the amount ofcompensationpayable by the polluter depends upon 26) A person who, in the course of non-natural use of his
nvironiment
0 the magnitude land is or is deemed to be, responsible for the
and prosperity of the enterprise. This was held by the Supreme courtin- accumulation on it ot
anything likely to do harm, if it
escapes, is liable for the interferencewith
a) Ganga Pollution case. use of land of another which results from the
escape of the
the
propoundedby the House of Lords. (Fill in the thing
from his land. This is the rule of
b) Oleum Gas Leak case. blanks).
c)Bhopal Gas Leak case. Answer: StrictLiability.
d) Taj Trapezium case. 27) Which of these Articles of the Constitution of India
empowers the Parliament to make laws for
he power given to the Magistrate under Section.... of Cr.P.C. can be used by the Magistrate implementingany, internationaltreaty, agrecment or convention.
to abate Public Nuisance. a) Article 250.
in the (Fill blank).
b) Article 251.
Answer:133.
18) 1the science of the intricate web of relationship berween living organisms and their c) Article 252.
living and non-livingsurrounding(Fill in the blank). d) Article253.
Answer:Ecology. 28) Section 42 of the Air Act provides that, no suit, prosecution or other legal proceeding shall lie
19) Materialistic approach of industrial houses caused heavy depletion in the natural resources and also against
adverse effects due to the mining activities a) The Government.
namely,
a) Collapsingof ground surface due to withdrawal of ground
water and mineral oil. b) Any officer of the Government.
b) Reduction of forest cover due to felling of trees. c) Any member of the Board.
c) Increase of solidarityof ground due to excavation of land for mining d) Any officer or other employeeof the Board
operation.
d) Only a) and b). e)Alltheabove.
e) Only a), b) and c). ) Only a) d) above.
20) The 42nd constitutionalAmendment in l1976
moved the Wildlife and Forests from the
Constitution to the
..... List of the 29) Under the Air Act, the power to make rules to carry out purpose of the Act, is given to -

List. (Fill in the blank).

...

a) Central Board.
Answer: 1Ind:IIlrd. b) Central Board, as well as, State Board.
21) Public Interest Litigation is
exception to the general rule that, only the person whose fundamental c) State Government.
right is violated or infringed or threatened, can file petition under Article 32 of the Constitution
India. This is relaxing the traditional rule of of d)Central,aswellas, StateGovernment.
.. Fll in the blanks). JU) Under Section 51, any person who contravenes any provisions of the Wild Life (Protection)
Act or

Answer: Locus Standi. thereunder, shall be guilty of an offence against the Act and shall, on
any rule or order, made
convictionbe punishablewith -
 Prakash k.
176.
Author-Prof,
which may
extend to five
tof Mokal
hundred
Answer AnY Substanceor preparat177.
a) Imprisonmentwhich
may extend to six
months and with
w
fine
propertiesor handl is liableaion Author-Prof. Prakash K. Mokal
which by reason
to of its chemical or
rupees.
fine whiChay CNend
to twen
nty five icro-organismS,properiyor cause harm to human1beings,
Forest Officer is any person cnvironment
physio-chemica
beings.other living creatures.plants,
6)Imprisonmentwhich may extend to three ycars or with
thousandrupees. to one
t0 one thousand
tho. whom the,
purposes of
extena
which may the the Indian Governmcnt may appoint to carry out all or
with fine korest Act.
nprsonment which may extend to one ycar
or
AnswerStateBoard. (Fill in the blank).
rupees.
d) None of the above. of loud-speakers/.
1)
Restriction imposcd in the by the Noise Pollution
as
eXcept
Rules, 2000,
in close
on theuse
premises,
s/publicfor SECTION-II (Marks:60)
address system Two:
o. I1: AnswerAny
system shall be between .. 10 munity
communication within i.e. in auditoria, conference roons, co
halls ana banguet halls.
(Fin
in the blanks). What is our constitutional commitment to
20.
Answer: 10 p.m.: 06 a.m.
42nd Amendment
of th to the environmentprotection ?
Constitutionof India. Highlight the importance
32 Area of the coastal zone earmarked as the No Deveop Answer
(Complete the sentence). ticles 14 19,21.32,226,47, 136,253and 42nd
What Amendment - Article48A and 51A(g).
Answer AreabetweenHTL and LTL and 500metresfronm HTL 1OWaruseos
acts are ollences under the
Water Act ?
33) The components of Disaster Management Plan ineudc Water Act. Critically examine the penal provisions of the

a) Early Warning System. Answer:

b) Rescue Operations. Sections4l to S0, withrelevantCase Law.
c) Relief Operation. What is "Hunting' as defined under the Wild Life
(Protection) Act
d) Rehabilitation. regulated under the Act. ? Explain how it is

e) Long-run Planning. Answer

Answer:
i) Only a) and b).
Sections26) and 9,11.12 of ChapterIL
ii) Only a), b) and c). Q.1: Writeshortnoteson Any Four: 20.
ii) All the above. a) Procedure to take samples under Air Act.
iv) Only c) and e). AnSwer£
well statutory right to
nve in
a
clcan city ad the
* ne residents have constitutional right,
Municipal Authorities have a mandatory
as as,
duty to collect and dispose off the garbage and waste Sections21 to 31oftheAir Act.
b) Ganga Pollution case.
generated from various in the
sources city. The Supreme Court has emphasisedthis m-

Dr. B.L. Wadhera v/s. UOI.

Answer:
a) Facts-Judgement-Similarcases.
b) MunicipalCouncilof Ratlamv/s.Vardhichand
c) Ganga Pollution case.
c) Green House Effect.

d) Buffalo Traders' Welfare Association v/s. Maneka Gandhi. Answer

35) The National Environment Tribunal shall have, for the purpose of discharging its functions under
d)
Meaning Effectson environment-OzoneLaverand KyotoProtocol.
Grant of Authorisation under Hazardous Wastes Rules.
the Act, the same powers as vested in a Court,
Answer
a) Civil.
b) High. Rule5.
e) Power to Reserve Forest under the Indian Forest Act.
c) District.
Answer
d) Magistrate.
36) Define 'animal article' as given under Wild Life (Protection) Act. Sections 3and 4ofoftheForest
IndianConservation
ForestAct. Act.
1) Purpose an scope
Answer An articlemade from any captiveanimalor wildanimal,otherthan verminand Answer £
includesan articleor obiectinwhichthe wholeor anypartofsuch animalhas been used.
37) What is a 'village forest as defined under the Indian Forest Act, 1927? Salientfeaturesof the Act-SectionsI to 4.
Answer:A villageforestis establishedWhen a Stateassignsto a villagecommunityrightsover Q.IV: SolveAny Twosituationalproblems
20.
any land and which has been constituteda reservedforest. in
38) What is the Object of the Indian Forest Act ?...... . . close to a forest, was on an expedition
() Ramnathan, living in a village named Shampuri
Answer: To consolidatethe law relatingto forests,thetransitof forest producesand the duty Search of a tiger which had become dangerous to the villagers.
leviableon the timberand other forest produce.
39) Define 'hazardous
substance as given under the Environment (Protection)Act, 1986.
 Author-Pro, PrakashK K. Mokal
hunt a
person to (1) Answer to Section I shoule 179.
178, Act, permiting
any any wild be Author-Prof. PrakashK. Mokal
Ouestion Paper of section I attempted the
(Protection) on
1) What is the procedure under the Wild Life (2) will be taken after
Question Paper itself.
animal? examination.
one hour of the commer
mencement of he
Answer: Proceduregivenunder Sections. h wildanimal? 3) Tick the correct alternativeor do as
Can there be any other remedy other than kill1ngsuC directed.
defenceof oneself or of any
Answer: Yes. UnderSection38I-handingoverthe anu n other SECTION-I (Marks
) Is killing or wounding in good faith of any wild an : 40)
person, an offence under the Wild Life (Protection)ACt .1: Tickthecorrectopti
AnSWer:No.I is not an offenceunderSectionl12. Explain with respcct to
the Which of the following Articles in the Constitution of
animal killed/woundu
amnathan claim the body of wild .
1.
Co
for enforcementof duty cast on State for
India gives aa right
1 to the citizens to move the
provisions of the Wild Life (Protection)Act. a) Article 48A. protection of environment?
AnSwer : No. Under Section39,itis theGovernmentpropei b) Article 51A.
houses of the complainants
few feet away from
the The c) Article 42.
)A, a rubber factory, was situated a due to noise, dust and smoke
people residing in this locality were facing tremendous problem d) Article32.
2. Ecology is-
from the factory. Penar oue
Indian
n
abovecase,'A has committed which offence under the
the a) A relationshipbetwecen air and water.
AnSwer:A has committedan offenceunder S.268 ofthe LL b) Ascience of relationship
in) Can the Advocate General help people ? Explain.
between livingon earthand environment,
c)Interactionbetween amphibians and environment.
d) Relation between plants and environment.
Answer:Yes.PermitsCitizenSuitor CivilSuit.
laid down by Pollution
Control Board ? Can peopla
nprosecute 'A'?violated emission standards
ias
A as How many principleswere
3. recognised in Rio Declaration?
a) 27.
aier givingoudays notice
AnSwer Yes, 'A' has violatedemissionstandards.He can be prosecuted b) 26.

under Section80 oftheCP.C. c) 21

iv) If A" is prosecuted under the Air Act, who can bepumished d) 23.
Answer: Companyand PersonIn-Charge/Headofthe Department, 4 The definition of "workmen" in the Public Liability Insurance Act, 1991 is borrowed from which
) Due to excessive created in the pipelines of a multinational company, a pipe in the enactment?
pressure
in death, disabiement and disease a) Industrial Disputes Act, 1947.
mazenine floor burst causing leakage of a lethal gas resulting
of thousands of workers and other living in the vicinity of the factory b)Workmen'sCompensationAct. 1923.
c) Fatal Accidents Act, 1855.
i) What is the multi-national company in the above case
liabilityofthe d) Motor Vehicles Act, 1988.
Answer: Srictand AbsoluteLiabilitv. mechanism under the Air Act ? 5. Which gas is not a green-house gas?
11) the multi-national
Is
company government by consent
a) Sulphurdioxide.
Answer: Yes. UnderSection40 of
1) What is the responsibility
theAir Act.
imposed on such enterprise under the Air Act in case of such b) Chloro-fluro Carbon.
emergency situations ? c) Methane.
d) Carbon dioxide.
Answer: Referencesofdirectionsgivenin OleumGas Leakcase.
IV) In the court, company agreed to pay substantial damages provided the prosecution is withdrawn 6. Under the law of torts, the environmentpollutioncases can be which of the
adjudicatedon following
by mutual consent. Is it permissible under the law? basis
a) Nuisance.
Answer:Yes.IthappenedinBhopalGas Leak tragedy-Explanation. b) Negligence.
c) Strict liability.
d)Allthe above.
7. "The entire range of external influenceacting on an organism, both physical,and biologicaland other
5 organisms i.e. forces of nature surTOunding an individual". This is the definition of. .. given

INovember,2006(17.11.06)] in Encyclopaedia Britannica (Fill in the blank).

Answer:Environment.
8. Man is both, creator, and moulder of environment" -
It was proclainmedin -

With Solution a) Rio Declaration, 1992.

N. B. b) Kyoto Protocol. 1997.
 PrakashK M
C) World Summit on Sustainable
180.
Development,
2002.
Author-Pro1,
Mokal 8. The
powers of Central P 1on 181.
Control Board to Author-Prof Prakash K. Mokal
WaterAct, 1974, are give directions
d) StockholmConference,1972. the ions as given under
are not the objectivesof environmentprone
? swer:S. 8 Of the Water Act, unucs Section 18. of

and
loitation ofnatural
resources

Central Govermment Central

and every State Board Board bound by directions(in writing)
acontrolled,restricted and mindful use
any materals on the bound by directionsof State given_
b) Maintenanceand protectionof environmentquan bank or
rting, repairing or protecting thein the bed of any stream
19. Depositin

c) Punishment of the polluter. for af for the Governmenl

of
nage to achievementof
substantialdevelopmen.
ch met al.. capable polluting.-This an exceptionbank
is
or bed of
such
purpose reclaiming lanu
with respect to the stream provided such
o
suc materials are not
The United Nat ITonm a) The Air Act.
10.
0.
he United Nations Conferenceon Environment and Developc restriction laid down under
to 14th June, 1992.
(Fill in the blank). b)TheWaterAct.
c) Coastal Regulation Zone
Answer:Rio de JanerioConference and I Notification.
11. "Azan is
certainly an essential and part of Islam,
but use of microphones
the
e
loud-speak
following cases ?
d) Environment Protection
"We think that the i true rule of law
Act.
are not an essential n wmeu
part of religion"-
was held by the Court o is that the
a) Saurabh Shah v/s. Ghulam Khan. 20.collects and keeps there
anything likely to doperson who, for his own rposes, brings on his lands
purpo
b) Sheikh Mubarak v/s. Fakhruddin Ahmed. does not.do so,
he 106 1s prima facie mischiefif it
answerable for all the escapes, must keep it at his peril, and
C) MoulanaMuftiSvedv/s Stateof West Bengal. its cscape-1he Court held the same
n damages which is the natural consequence ori1
d) None of the above. a) M.K. Sharma v/s. Bharat
12.
"PrecautionaryPrinciple"means- b)Mukesh Textile Mills Pvt.ElectronicsLtd.
by StateGovernmentand statutoryauuhoriles, Ltd. H.R. SubramnyaShastry
c) Sachhidanand Pandey v/s. State vis.
13. "For maintaining ecology, openmeasures
EnVIronment space and parks are necessary was held by the Courtrt in which of of West
Bengal.
d) Ram Lal v/s. State of Rajasthan.
the following cases ?
t is the sacred duty of all those who
a) M.K.Shama v/s. B.E.L. reside and carry on
business
immediate steps required for the along
nneries if they have lailed to take
tanne the river to close the
b) BangloreMedicalTrustv/s. Muddappa. effluentsThe Supreme Court held in, primary treatment of industrial
c) K. Purushottam Medical Trust v/s. UOl.
a) U.P. Pollution Control Board v/s. Modi
d) A.P.Gunnies Merchants Association v/s. Government
oI A. b) Dwarka Cement Works v/s. State. Distillery
14. Oleum Gas Leak case, the managementof Shivram were directed to deposit in the Court, a
In the
of Rs. .... by way of security for payment of compensation claims.
sum
c)GangaWaterCase.
d) Gwalior Rayon Silk Co. Lid. v/s. Abdul Hamid.
a) Twenty Lakhs.
b) Ten Lakhs. 12. Under Section of the Criminal
.....
Procedure Code, the Magistrate issues orders to avoid
c)One Lakh. imminent danger to the public caused due to
public nuisance.
a) 166.
d) Twenty-two Lakhs.
1She or any officer empowered by it in this behalf, shall have power to take, for the purpose of b) 103.
analysis, samples of air, water, soil or other substance from any factory premises in such manner as c)113
may be prescribed. d) 133.
a) State Government. 23. Under the Water Act, can the State Government of its own motion, revise
any order made under S.
b) State Board. 25, S. 26 or S. 27, where an appeal against that order lies to the
appellate authority.
c) Central Government a) Yes
d) Central Board. b).No.
16. A Joint Board may be constituted under the 24. State the Preamble of the Air Aet.
Water Act, 1974 by Section -

a) 13. Answer:"For prevention,controland abatementof air pollution,enactmentofthis statute

b) 6. was an internationalobligation(Stockholm)".
c) 15. 25. "Change in land use from residential to industrial purpose is illegal", - was held by High Court in -
d) None of the above. a) Indian Council of Enviro-Legal Action v/s. UOI.
17. To evolve efficient methods of b) Subhash Kumar v/s. State of Bihar.
disposal sewage and trade effluents on land, as are necessary on
account of the predominantconditions of scant stream
year the nisimum degree of dilution under the Water
flows that do not
provide for major part of the c)Lakshmipathy&Othersv/s.Stateof Karnataka.
Act, it is the function of -
d) Kinkri Devi v/s. State H.P.
a) Central Board. 26. Section .. of the Air Act, 1981. is the lengthiest provision of the said Act which provides
b) StateBoard. restrictionson use of certain industrialplants.
c) Both.
a) 22
d) None of the above.
b)21.
c)24.
 K.
Author-ProfPrakashk, Mokal Waste as 183. Author-
Rules,Prof.
1998.Prakash K. Mokul
Bio-Medical

blanks).
b
19.
Define
nSwer:Bi0-MedicalWaste
Bio-Medical Waste
MedicalWaste means. any waste generated
) 26.
called...***
in the while diagnosis/treatment/immu
munisation/resea
exceeding 20, 000 Hertzis Bio-Medical Wastes Rules, 1998, every
activilies,

41. The sound

40. Und

Answer :Ultra-sonic. L fe is storing, transporting, reating, occupier of an

disposing and/or handlinginstitution generating,
ing. s

Bio-Medical waste in collecting

Wild
Board of
28. The Vice Chair-Personofthe National recel x cept such occupier of
clinics, dispensaries, any on
Answer : Ministerin-chargeof forestand iW of the Air Act
manner,
-

29. Functions of Central Board subject to the provisions

are

ment of the quality of

1g treat1ment/serviceto less than pathological labo
aboratories, blood banks
prescril authority for grant of authorisation.patients per month, shall make application to the
Government on any mattercoin
a) Advise the Central nccessary.
a) Ten Thousand.
air such intervals
as it may
think

b) One Thousand.
control areas at
spect air pollution c) Twenty Thousand.
c) Both, a), and b).
d) Twenty Five Thousand.
d) Only a) application to
Court for raining perso
restrais

whetheriit
make an
30.
Under the Air Act, a Board is empowered to Judicial Magistrale.
State
is
pollution to a metropolitan magistrate
or a SECTION-II (Marks: 60)
ar
True or False.
0. 1: Answer Any
Two
a) True. 20.
b) False. Critically examine the protection of environment with reference
. Define "Occupier as given under Bio-MedicalWaste Rules, 199%. 1) Indian Penal Code and Criminal Procedure Code.
to the provisions under the
patholopu
institutionslikehospItals,nursingnomes.
Answer: A personwho has controlover Answer
laboratoriesetc. for compensanon snall be entertained iP.C.Ss.268to271,277,278,284 to 286,290,291,425, 430to 433. Cr.P.C.Ss. 133.
nder he National Environment Tribunal Act,
no
accident.
application 144.
unless
itis made within..... ofthe occurrence ofthe nDevelopment in
legislation. -
the field
Explain.
of environmental law is more through judicial dynamism tha
a) One year.
b) Five years. Answer:
c) Sixty days. JudicialDvnamism=
d) Ninety days.
33. Unde the Wild Life Protection Act, Child Welfare Warden is appointed by the
-

Initiativeof judiciarywhenstatutorylawsinsufficient.
Suomotuactions.
a) Central Government.
Case Law.
b) State Government.L Ratlam MunicipalityCase, Rural LitigationCase.Ganga PollutionCase, Taj TrapeziumCase, etc.
c) Director of Wild Life.
d) President.
34. The office of a member of the National Board for Wild Life shall be deemed to be an office of profit. 3) What are the aims of the Wildlife Protection Act, 1972 ? Give the salient features of the Act.
Answer:
State whether it is True or False.
Wildlife ProtectionAct-Statementand Objects/ Reasons-Existinglawsoutdatedand inadequate.
a) True. hence,needof comprehensiveAct to provide protectionto wildanimalsand birdsandall matters
b) False. connectedtherewith.
35. 'Forest Offence' means-
Salientfeaturesof the Act:
Answer: An offencepunishableundertheIndianForestAct,1927 or any rule underit. ConstitutesWild Life AdvisoryBoard
36. The four kinds of forests under the Indian Forest Act, are-
Regulates hunting
Answer:i)Reservedforest;i) Protectedforest;ii) Villageforest;iv) Non-Government Laysdown procedurefordeclaringarcasas Sanctuaries.NationalParks
forest
37. The limitation period for filing an appeal under the Hazardous Wastes Rules is - Regulates possession,acquisition,tradeinwild animals,animalarticles,trophiesand taxidermy.
a) Ninety days. Providespenaliesforcontraventionof its provisions.
b) Sixty days. For detailAnswersto aboveQuestions,Referthis Book/
c) Thirtydays. Q.II: Write short notes on Any Four: 20.
d) Six months.
38. Hazardous Wastes Rules are enacted under - a) Prohibited activities under the Coastal Regulations.
a) Air Act
Answer
ProhibitedactivitiesunderCRZ Notificationpoint No.2.
b) Water Act.
c) National Environment Tribunal Act. b) Goa Foundation v/s. Konkan Railway Corporation.
d) EnvironmentProtectionAct. Aunswer
 Author-Prot.PrakashK
184 Court. ver : As per Section27 (2) (c)_
C)= 1o report death of
185. Author -Prof. PrakashK. Mokal
ofthe
AnSWer

GoaFoundationCase-Facts -| ains of elephantuntilWild Life Warden tiger to

1ISed-Decision

Act,
1972. dcn Chief Wild Life Warden, -- Safeguard
ognizance of offences under Wild Life (profectiou at penaltieswill be attractedf
acted
1orised officer
killing of tiger? takescharge.
Answer: 51 (1 ) of the
Section
Wild Life Protection Act,
LOgnizanceof offencesunder Wild Life ProtectionAct-> AnSwer:
Vhat is provision respcct to entry in a 1972 maximum 3 years 10
witn
d) Noise Pollution. (Protection) Act ?
sanctuary with any weaponsyeals
unaer ife
Answer Section 3131 of the Wild Lite
AnSwer:Section
Noise PollutionRules,2000: ProtectionAct,
nrevious permissionof Chiet Wild 1972-No person can enter sanctuaryy with weapons
except with previou
Standardsfor ambientair quality. Life Warden or authorised wn
Noise pollutioncontrolmeasures. ven tion is better than cure". officcr.
)al Environment Inmpact Assessment is
assessingthe consequences
Kestriction on use of loud-speakers,silencezones. for based on this principle. It
ar. Wastes
Schedulegivingdifferenttypes ofareasandstandardsofambientledical as per Bio-Mediea s ess XYZ Ltd: Wants to expand itsof developmentprojects at disferent levels
egregation, packaging,transportationand storageof B10-icu Asbestos products.
belore tney
existing industry in Mulund with an additional unit m
Rules, 1998. A CvironmentImpact Assessmentmandatory ?
Answer ir:Yes. It is mandatoryif the projectis onein the List
Bio-MedicalWaste Rules S.6. Protecno1 Act.
AnSwer

a Name the Impact AssessmentAgency. under ScheduleI of 1994 EIA Regulations.

Protection of actiontaken in g0od faith under Environment Al
Answer
wer:Ministryof
the benefitsof
ronment and Forests.Central Government.
What are
EnvironmentImpact Assessment ?
Section18 ofthe EnvironmentProtectionAct.1986. Answer : Best
Bestpossibleuse of|land,enables
use of expansion and
closureofindustry,
etc. modernisationof existingprojectsand avoids
Q.IV: SolveAny Two situationalproblems: 20 EXYZ
iv) If Ltd.' wants to expand its industry, what are the
Act ? requirementsto be fulfilled under Water Act
pungent smell
time and Air
The resident within the 'X* municipalitywere suffering for long toirom
a

drains. The residents successfullygot orders from the Magistrate

tackle the
problem wer:Under Section2) ofthe Water Act, previousconsentfrom
open
acaling with the open drains and a six months' time bound program had to be adopted for nIstbe obtainedif neW Outiel=Kequirementsunder Section21 of the the State PollutionControlBoard
order of the
Air Act mustbe fulfilled.
constructingdrainage and public latrines. Instead of complying with the Magistrate,
the X municipality opted to challenge the same, pleading financial constraints to carry out the

scheme.
i) The provision of which law empowers the Magistrate to take such action ? 6
Answer: Section133Cr.P.C.
ii) Is it a case ofjudicial activism ? Give reasons.
JApril,2007
Answer: Yes, It isthe caseof iudicialactivism,because judiciaryhas createda new pathofjustice With Solutions
where financialinabilityhasbeenrefusedas a defence,in caseof performanceof duty of statutory
authority. N.B.
ii) State a similar decided case where the court has compelled a starutory body to carry out its duty 1) Answers to Section I should be attempted on the question paper itself.
towards the community by constructing sanitation facilities at a great cost and on time bound basis. of Section I will be taken back after one hour of the commencement
2) Question paper of the
Answer: RatlamMunicipalityCase. examination.
iv)
What is the offence committed in the above case
? 3) Tick the correct altemative or do as directed.
Answer:Offenceof PublicNuisanceunderSection268 oftheIPC. 4) Cite case law wherever necessary.

(2) A group of scientific research camped in the G sanctuaryfor three days. One of the scientist SECTION-I(40 Marks):
shot it dead.
saw a
tiger and Another seientist had a sharp weapon in his possession. While they
Q.I:Tick the correctoption:
were coming back to their
camp, they saw two elephantslying dead.
i) Can a group camp in a sanctuary ?
.How many principleswere recognisedin StockholmConference
Answer:Yes, UnderSection28 of Wild Life Act,1972. a) 27.
ii) Which is the authority concerned with pemissions in a sanctuary
Answer:ChiefWild Life Warden-S.28 ()):Forthe purposeof Investigation:Photography;Scientifie b) 26.
Research:Tourism;Lawfulbusiness. c)21.
ii) What is the duty of the group of scientific research regarding the remains d) 23.
of elephants? . The term 'Sustainable Development'was
used in
-
 Author-Pro, Prakash K. Mokal )Vellore CitizensWelfareFo 187.
a) Rio Conference.
186.
b) Ratlami MunicipalityCase v/s. U.O.l. Author- Prof. Prakash K. Mokal
Valley Cas
b) The BrundtlandReport. c) Doon
c)an Council for Enviro-Legal
c) Stockholm Conference.
d) Agenda 21 Section 28 of the
Under
Action v/s. U.O.I.
water Act,
1974, an
3. World
Forestry Day is being celebratedon may appeal to the
Appellate Authority within aggrieved person, by an Order of the State Board
a) 21 March. the Order. days from the date of communication of
b) 16" January.
c)5th June. a) 30days.
b) 60 days.
d) 26" August. the anadiysis, has
hasto
to iSsue c)90 days.
for
4. Whenever any authorised officer comes to collect the sample a
. to the
written notice d) within a year.
concerning occupieron- 13. Section
Amendment, 1988 to the Water
a) Form No.I. Control Boards to directions of Act, 1974 gives the
b) Form No. III. o Closure, Stoppage of powers to the Pollulion
c) Form No. V. defaulter Industry. (Fill in the blank). Electric/Water/Rawmaterial supply ol any
d) Form No. II. a) 21
S.Coastal Regulation Zone area is an area between LTL and il aa- Mtrs. away b) A
from HTL towards the land. )33-A.
a) 200 Mtrs. d) 48-A.
b) 600 Mtrs 14. Environment Audit Keport should be submitted to the Board on
c) 10 Mtrs. by the industries. (Fill in the blank). or before every year
d)500 MtrS. a) 30 September.
. There are the provisions for the constitution of Tribunals under for dispensing speedy b) 31 March.
remedies to the victims of pollution. c)1 January.
a) NETA, 1995. d) 5th June.
b) PLIA, 1991. 15. Noise pollution is a violation of Article 21
c)EPA, 1986. Case.
of the Indian Constitution,was held in
d) Factories Act, 1948. a) Oleum Gas Case.
7. Joint Pollution Control Board' is of the Water Act, 1974.
formed under Section b) L.K. Koolwal v/s. State of Rajsthan.
a) S. 4.
b) S. 3.
c)P.A. Jacob v/s.Suptd.of Police.
d) None of the above.
c)S. 11 16. In the Oleum Gas Case, it was held that, the
d) S. 13. computationof compensationmust be co-related to
8. the_ of the enterprise.(Fill in the
Any institution administeringmedical treatment patients or more, has to apply for blank).
to
authorisation under Bio-Medical Waste Rules 1998. Answer:magnitudeand capacityof theenterprise.
a) 100. 17. The full form of "E.I.A." is (Fill in the blank).
b):50. Answer: EnvironmentImpactAssessment,
c) 1.000. 18. Define Occupier' vide new Amendment of 1987.
(Answer in one sentence).
d) any number of patients. Answer:Occupier.in relation to any factoryor the premises,means,the personwho has the
9. Which Act is called Umbrella
Legislation'? controlover theaffairsof thefactoryor the premisesandincludes,in relationto any substance,the
a) Forest Conservation Act, 1980.
b) Forest Act, 1927.
DCrsoninpoSsessionofthe substance
19. Define "Hazardous Waste' vide new Hazardous Waste Rules, 1989.
c) EnvironmentalProtectionAct, 1986. Answer Hazardous Waste means,a waste whosecollection,reception,treatment,storageand
d) Air Act, 1981.
disposalis harmfulto thehealth/injuriesto health.
10. 20. Live Stock' means,. (Answer in one sentence).
are the protectedareas underthe Wild Life Aet, 1972.
(Complete the sentence).
Answer National Park, Sanctuary,a Answer:cattleandother
21. 'Autoclave' is
fam animalswhicharerearedtowaste.
used in
produce meat,milkor otherproducts.
mainly disposal of (Fill in the blank).
Sections 18 to 35,36A and 36C of the Act.Conservation or a Communityreserve notified under Answer: Bio-MedicalWaste.
11. "Sustainable
Development is balancing concept between
a 22. Label of 'Eco-mark' shows the product is product. (Fill in the blank).
in and ecology development", was held
Answer:Eco-friendlyproduct.
23. Global warming is mainly caused because of .
gases. (Fill in the blank).
 Answer: Green HouseGases.
188. Author-Prof Prakash K. Mokal 17. Ozone layer protects us 189.
AISerOltra-violate Om
4.n which case the Supreme Court of India declared the chemical industrics as the
main cul.
main culprit of ays. which may Author-Prof. PrakashK. Mokal
pollution ? 18 What is the tull form
of WEDP cause skin
cancer. (Fill in the
Annswer:
blank).
a) ndian Councilof Enviro-legalActionv/s. U.Q.l
b) Charan Lal Sahu v/s.
U.O.l.
alWorld
Gas Environment
which Leak Case, DevelopmentProgra
AnSwer: LTamme.
pollutant was
alMcthy Isocynategas.
C) Shirpur Paper Mills
Ltd. v/s. Govt. of A.P. A main culprit ?
d) Oleum Gas Leak Casc. 0. interest cannot be enforced
cderal division of powers in India, the subject of forest is 1ound in- a) Doon Valcy Case. through PIL" was held in
a) List I. b)Subhash Kumar V/S. Stateof Case.
b) List II c) Konkan Railway Case. Bihar.
C) List II. d) Taj Mahal Case.
d) None of the above.
26. Under the Forest
Act, 1927, conmmutation of
rightsreferto Answer Any Two:
SECTION-II(60 Marks)
a) after limits of proposed forest to exclude land on which rights are clanicd o. I1:
Dpayment of a sum of money to claimants in lieu of righis. ucidate the aim and
object of the
Water Act,
c) allow to continue exercise of Answer £ 1974, stating salient features of the 20.
rights. ACt.
d) allthe above. Preambletheof the Actand sections3, 4. 13,
4 b) Discuss Role of PIL i 16 to 18,21.25,26, 33 and
whichKadrabad
case, the drain ? U.P. Pollution Control Board filed a case against pollution of Kali
river "EnvironmentProtection' 33A. 47 to 49 and 63.64.
through Answer manifested in various Cases.
Origin of the term PIL, Indian
28. ASVerUP.
What is PollutionControlBoardv/s.ModiDistillery,A.LR.1988.S.C.1128. perspectiveof PIL comparing to other
provisions,Scopeand Objectof PIL,
Eco-system ? (Answer in One sentence)
rA collectionof livingorganisms.theirnecessaryresourcesand theirhabitatand their (Refer Book on *Practical TrainingPL characteristics.Locus Standietc.countries,Constitutional
Paper IT" by the author).
interaction in a self-containedand sustainablemanner. cWhat are the powers Central Government have under EPA,
29. PrecautionaryPrinciple means, from pollution ? 1986,to protect environment
(Complete the sentence). . Answer
AnSWerEnvironment
measures-toparticipate.preventand artackthe causesofenvironmental Section 3ofthe Act.
degradation. 0. III Write short notes on Any Four:_
30.
Articles 48-A andin 51-A
Amendment.
(g) were incorporated in the Indian Constitution by a) Importance of Articles 48-A and 51-A (g) in environment
=20.
(Fill
the blank). b) Oleum Gas Leak Case. protection.
31.
Answer: 42 Amendment. c) Johanseburg Conference.
What do you
sentence).
by Reserved Forest' under the Forest Act, 1927 ? (Answer in One
mean
d) Powers to declare 'Air Pollution Control Area' under the Air
Act, 1981.
e) Environment Audit Report
AnswerTheStateGovernmentconstitutesanyforest-landorwaste-landwhichis the propertyof Central Zoo Authority.
the iovernment,or overwhichthe Governmenthas a proprietaryrights,or to the wholeor any
32. part of the forest-produceof whichthe Governmentisentitled isa ReservedForest hours. (Fill 0.IV: SolveAny Tiwo situationalproblems 20.
Bio-medical waste could not be kept
in the blank).
without disposal
for than more
1) One of the State Governments of India, without the prior approval of the Central
Government decided to grant renewal of the lease of mining operation in forest area. The
Answer 48 hours.
33. How many categories are there
of CRZ ?(Answer in one sentence). CentralGovernment wants to take action against the renewal.
a) What is the offence committed by the State Government, and under which Act ?
Answer There are four categorics-CRZ-IL
34. Under Wild Life Act, animal killed
CRZ-II CRZ-1lland CRZ-1V
wounded Answer : GrantingillegalminingunderSection2of the ForestConservationAcL, 1980.
any or in defence of any person shall be
(Fill in the blank). b) If the land site belongs to Private Forest', what are the consequences ?

Answer: Governmentproperty. Answer: It makesnodifference,itis an offenceinboththecases.

c) What is the difference between Reserved Forest'and Private Forest
35. Two or more Governments of contiguous States may enter into an agreement to constitute a
Board. AnSwer : n ReservedForest,proprietary rightsare of the Government,and in case of Privatee
(Fill in the blank). Forest,it is a privateproperty.offence committed in the case?
d) What is the penalty for the
Answer JointPollutionControlBoard.
36. Irish Butter Case is about
Pollution.(Fill in the blank). AnSwer : Imprisonment-maximum upto15 days.
Answer:Radio-active/Nuclear
Radiation.
 Author-Pro. PrakashK, M 191.
190. related
e) Which Government has the power to make
rules to comply
tne provisions

such Author-Prof Prakash K. Mokal

offence?
State Governmentwiththe approvalof the CentralrO the nouse of
71
cOmplaint was filed against the Glucose factory situated it
It was further complained
that the ash
a
from boiler or the factor
effect onas
November, 2007|
e complainant.
deleterious

resulting in
a
a great deal of atmospheric pollution the
stng
residents of the locality. With Solutions
in the adovs
Which Section ofthe Cr.P.C. is applicablefor remedy SectionI should be attempted on the
N.B,

) Answers to
Answer: UnderSection 133-complaintto Magistral
b) Can an individualmake complaint in case of such probicu 1)
uestion paper of Section I will be taken question paper itself.
examination.
back after one hour the commencement of the
AnSwerYes,because,it is privatenuisanceaso, 2)Tick the correct alternative or do as
C Write nature of pollutionsto this case
be dealt with in 3) Cite case law wherever necessary.
directed.
AnSWer: Becauseofflyingash,itis AirPollution.
d) What is the role of SPCB in this case ?
should makecomplaintin MetropolitanMagistrates
or JudicialMagistrate', SECTION-I 40 Marks):
PCB
whenever,SPCB makesthe complaintafterreceivingnoticE ro
eson,it has to Q.1: Tickthe correctoption:
And s9Land (2) of the
make availablethe relevantreportsin its possessionto that person
(Section orofligate statutory body or
) "A profligate pachydermic
Air Act.1981. law by urging in self-detence, a self-created governmental agency may legally defy duties under tne
e) State similar decided case on the above facts. bankruptcy or
statement finds relevance with which of the following case perverted expenditure budget". The above
Answer:KrishnaGopal v/s. Stateof M.P., A.LR.1986, Cr.LI 96 a) Vellore Citizens Welíare Forum v/s.
UOI
) During Navaratri festival, "Satya Wachani Ram" group was playing loud music on the b) Murali Deora v/s. UOI.

and arranged "Dandiya' dance until 3 a.m. Objections

were taken by the nearby c) Consumer Education and Research Society v/s. UOI.
pubic road d) Ratlam Municipalityv/s,Vardhichandand Others.
residents, but the Organisers refused to stop the programme
nUnder the lndian F orest Act, trees and leaves, flowers and
a) What action can be aken against
the Organisers fruits, and all other parts or produce of trees.
when found in, or brought from a forest, are called
AnSwer: Complaintto Magistrate'sCourt u/s.133 of Cr.P.C.under publicand privatenuisançe.
other than Magistrate's powers
the other remedies available to the nearby residents ? a) Tree.
b) What are

Complaint to the_policeunder the Police Act, 1861(Section50: Punishmentand

b) Timber.
Answer c) Tree produce.
penaltiesu/s.32. d) Forestproduce.
c) When noise results into actionable nuisance 2
Answer: Wheneverthe noiselevelexceedstheambient noise standardsby 10 dbs. ormore
3) Who is appointed by the State Government uls. 4 (1) (c) of the Indian Forest Act. to inquire into the
d) Does the EPA, 1986 have any provisionsto curb noisepollution? rightsof a person over land to be declared as ReservedForest?
Answer: Yes. NoisePollution(Regulationand Control)Rules,2000 are madeunderParent Act, a) ForestSettlementOfficer.
EPA. 1986. b) Chief Wild Life Warden.
e) Cite similar case law. c) Forest Officer.
d) Director of Wild Life.
Answer: Any oneofthe CaseLaw from the following:
1. Maulana Mufti Syed Mhd Noorur Rehman Barkati and Others ws. State of West Bengal, A.lR 4) Under the Water Act, any person who is aggrievedby an order made by the State Board may prefer an
1999, Cal. 15; Appealto
2. Church of God (Full Gospel) in India v/s. KK.R. Majestic Colony Welfare Association and a) High Court.
Others,A..R.2000 S.C. 2773; b) Appellate Authoritv
3. Acharya Maharaj Narendra Prasadji Anand Prasadji Maharaj v/s. State of Gujarat, A.l.R. c) Metropolitan Magistrate's Court.
1973 S.C. 2098; d) Any of the above.
4. P.A. Jacob vs. Suptd. of PoliceKottayam,A.1.R.I1993Ker. 1: Air Act., is required to give a notice
3) Any person who wants to initiate action for any offence under the
5. Om Biramgam Religious Society v/s. State, (1996), 1000 CWN 617. to the Board of not less than -

a) Ninety days.
b) Sixtydays.
c)Thirty days.
d) Forty days.
 Author-Pro1.PrakashK.
192.
of reve
revenue,but lif
unemployment
and loss Mokal 18) The proceOcess
elopment and damage 193,_
to the Author- Prof.Prakash K. Mokal
0) We are consciousthat the closure of Tanneriesmay bring the statement above
the O

development can environment

to that the process of
nect
name significant
goes side by side, and hence, 1s
goes
ped, and therefore, the damage to itthe
health and ecology have greater importanceto the peopeD can be stopped. be
Tne case in which Tannerieswere the cause of Environmentalron
tion. environment

a) True.
stopped,
a) Mukesh Textile Mills v/s. SubramanyaShastry False.
b) Ganga PollutionCase. er
on 33 of the Water Act,
the
c) Oleum Gas Leak Case. Unu
0) standards, can Boards, upon
d) Rylands v/s. Fletcher. in
can make
ma an
application to the apprehension
apprehension of any emission in excess of
High Court restraining
)The citizen is contemplaic such person from emitting such air
duty cast underthe Constitution of India, upon every pollutant.

a)AArticle 48A.
a)True.
b) Article 21. b) False.
order can be obtained from
c)Article51A. ) An injunction a Civil Court by a
d) None of the above. State Board under the Water Act. person aggrieved by the order made by
a) True.
Namethefollowing: chapter of] b) False.
8) The Amendment to the Constitution of
India, which added a
provision
new
in the
Directive
Principles of State Policy, with respect to Environment Proiechon.
Answer:421 Amendment, ARSWerin ne sentence:
9) The wrong-doeris required to compensatethe wronged person whether he was at fault or ot".
not' Name 21) In orderrder to claim remedy under Article 32 of
the Constitution of
the above mentioned establishedbefore the Court2 India, what needs to be
principle.
Answer:Principleof AbsoluteLiability. agernevea persO1.
Answer:Violationof fundamentalright.
respect to Environmental Pollution, name the remedies available to an
Which are the various areas/zonescategorisedunder the Noise Pollution Rules?
wn
Answer:Civil,Criminaland Writ remedy. Answer:Industral,Residential.Commercialareas and Silencezones.
11) The powers of the National Environment Tribunal are similar to
Define 'uncured trophy as defined under the Wild Life Protection Act.
Answer:CivilCourt. AnSwer Whole or any part of any captiveanimalor wild animalother than vermin
undergonea processof taxidermyand includesafreshlykilledwild animal,ambergris, which has not
12) *Act' under Noise Pollution Rules, means
Answer:EnvironmentalProtectionAct. animalproducts.
musk and other
24 Under the Indian Forest Act, what is a Reserved Forest ?
Statewhetherthe followingare Trueor False:
13) Judicial Dynamism is the initiative taken by the legislation to impart justice where statutory law is not Answer Under Section 3 of Indian Forest Act, 1927.,the State Governmentis
enough to meet all the challenges arisen in the society.
empoweredto
Constituteany torest-land or waste-landwhich is the property of Government,or over which the
a) True. Governmenthas proprietaryrights,as ReservedForest,
b) False. 15) Under the Environmental Protection Act, what is the penalty for the contravention of the
14) Hazardous Wastes Rules, 1989, are applicable to all kinds of hazardous wastes. provision of the said Act or the Rules made or the orders or directions issued ?
a) True. Answer:UnderSection l5 of the Act,imprisonmentfor 5 vears,or with fine which may extendto 1
b) False. lakhrupees,or with both.
15) Under Section 5 ofthe EnvironmentalProtection Act, the State Govermment is empowered to direct 26) Define Authorisation' as defined under the Hazardous Waste Rules.
closure of an industry which is polluting the environment.
AnswerAuthorisation'means,permissionand disposal of hazardous wastes. granted by the
a) True. competentauthority.
b) False
16) Hazardous Waste Rules, 1989 permit the import of hazardous wastes of certain category, from any 27)Who can make an applicationfor a claim for compensationunder the National Tribunal Act?

country to India, for dumping. Answer: UnderSection4ofthe Act an injuredpersonor ownerofthe damagedpropertyor legal
a) True. Tepresentativeofthe dead personor authorisedagentororganisationorGovemment
28) What is the penalty laid down under the Air Act when false statements are made for the purpose
b) False. ofobtaining consent?
17) Disaster mitigation includes all possible actions to reduce the
preparednessand long-term risk reduction measures.
impact of a disaster including Answer:Imprisonmentfor 3months,orwithfineextendingto Rs. 10,000/-,orboth.
29) Mention the two defences for a Company in order to be held not liable under the Air Act.
) True.
b) False. Answer:UnderSection49 d of theAct ifitis provedthat,offencewas comnitedwihouthis
knowledge,and thathe exercisedall duediligenceto preventit.
'Protected Forest?
0Who is empowered under the ForestAct to declare
Answer:The State Government.
 Author-Pro1, Prakash kK.. Mokal
House Effect. 195.
194 a) Green
b) SustainableDevelopment,
Author- Prof. PrakashK. Mokal
Fillin theBlanks which was held from 3
1) The Onited Nations Conference and Development c) Bio-MedicalWaste.
on Environment Bhopal Gas Leak Disaster.
June, 1992at
of
Answer: Rio Conference(Rio de Janeiro). filing a
Writ Petition, the Prin
Principl of
e) Power entry, scarch, arrest and detention u/s. 50 of the
2) ln cases where there is in
extra-ordinary delay 1 inordinate delay ) auirements and
Rcquirements
prOCedure for secking Wild Life
Protection
cnvironmental clearance of Act.
an

sapplied in public interest, inspite ofan Environment lmpact ASSCssment Rules. projeets u
Answer: Laches, imposed on
use of public add ddress syslen and
S3) Under the Noise Pollution Rules, a restrictionhas becn except encloscd premises. Solve
Q.IV:So Any 1Two situationalproblems:
loudspeakers at night,between and 20.
at Rai was farming on his land when
Answer 10 p.m. and 6a.m. 25 of Wao
.tantial suddenly he was attacked by
standing crop as he pierced through the fieldtiger. The tiger caused
a
4) Every person requiring consent
under Sectio alcr Act substa damage to the
carrying an industry operationprocess for financial year rious
rhere were variou instances where the tiger attacked in search
of a prey.
or
Section of the Air Act, both, would be required tosub
21 or
ending on 31* March every ycar to the concerned State Board. Who can
the
permit hunting of wild animals in certain cases? people the village.
of

Answer: EnvironmentalAudit. AnSwer:ChiefWild Life Warden.

55) The area upto 200 metres from the High Tide is earmarked as When is the permit to hunt a wild animal given ?

Answer:No DevelopmentZone. Answer:If wildanimalis disabledor diseasedbeyondrecoveryorifitis dangerousto human

0) Ondcr the Wild Life Protection Act, the Director of Wild Life Preservauon i appointed by
i) Can the hunter claim the body of the wild animal ? Why 2 litC
AnSwer:No.Anyanimalkilledor wOundedinself-defence.shall be Governmentproperty.
iv) When is the Chiet Wild Life Warden grant permit for hunting for special purpose u/s. 12.
)
Answer: The CentralGovernment.
Laying down procedure and safeguards for the handling of hazardous substances IS the power of
Answer:For education.SCientificresearch,scientificmanagement
, Mr. Love had constructed a chimney with its holes towards the side of Mr. Gravel's property.
Answer:TheCentralGovernment.
Label has been introduced to label consumer products that are environmental Smoke fumes from the Chimney were causing injury to the health and also discomfort to Mr.
38)
Gravel, in the enjoyment of his property.
friendly. What is the Civil remedy available to Mr. Gravel?
Answer:Eco-mark.
39) Under the Hazardous Waste Rules, the shall be responsible for proper collection, Answer:Hecanget MandatoryInjunctionfromthe Court.
reception, treatment, storage and disposal of these wastes. i) What is Criminal remedy available to the aggrieved in this case?

Answer:Occupier. Answer:UnderSection 133of the Cr. P.C.hecan file acomplaintbeforeaMagistrate,who can

40) Where an enterprise is engaged in hazardous, dangerous activity, and harm results to any one, on makeaconditionalorderto removethe nuisancecausingpollution.
account of an accident resulting in escape of toxie gas, the enterpriseis strictly and absolutelyliable
Case.
to it) Can Mr. Gravel take an action under the Air Act? Explain the procedure,if any.
compensate without any exceptions. The above new principle was laid down in the_ Answer:Yes.UnderSection43 oftheAirAct.cognizancecanbetakenbyfilingacomplanttothe
Answer:Oleum Gas Leak. Board,anoticeof notlessthan 60 daysofthehisCourt
intentiontotakecognizance
Mr. Love from causing air pollution.
iv) The State Board wishes to approachfor restraining
SECTION-II (60 Marks): Advise the State Board.

Q.I: AnswerAny Two 20. Answer:UnderSection22A and Section43 of the Air Act, StateBoard can initiatean actionby
makingan applicationto the MetropolitanMagistrateor JudicialMagistrateFirstClass,as the
case
a) State the functions of the State Board under the Water Act.
may be(S.22A) Cognizanceof the offencecan betaken(S.43).
Answer: outskirts of the city.
3. Sridevi Techno India, Limited Company, has set up a new plant on the
a
Section17 ofthe WaterAcL An environmentalist made a complaint to the
State Board that the industry was emitting huge
b) Discuss the penal provisions under the Wild Life Protection Act.
amount of smoke and percolate
matter into the atmosphere.
Answer: the occupierbefore taking the sample?
Sections51to 53 of the Wild LifeProtectionAct. 1972. 1) ls a notice required to be served upon However.a
noticeis not requiredto be given.
c) Discus the powers and funetions of the Central Government under the Environmental Answer:No, u/s.26 (3) (a) ofthe Air Act, a prior
Protection Act, 1986. notice,thenandthere,is to beserved. abstains while taking the sample
?
nswer 11) What happens when the occupierwilfully sample.shouldcollectit
Section 3 of the EnvironmentalProtectionAct, 1986. AnSwer:UnderSection26 (4)(a) of the Air
Act, the personcollectingthe
Q. IlI: WriteShortnotes on Any Four:_ n a container,mark,seal and signit.
the results of the analysis
of samples taken.
20 m Give a brief note on Report of
 Author-Prof, Prakash
k.,
Mok 197.
Board
n triplicat
196: analyst shouldsubmit report in triplicate - i)qlo amethe following

Liability for Author-Prof. Prakash K. Mokal

Answer:UnderSection27 of the Air Act, The Absolute
harm to the
Environment extends not
Occupier,
i) tobekeptfor productionin Court.ii tobe ay lso the
but also of re
cost of
the cost the restoring Environment only to
Degradation".Name thecompensate
Who would be held responsiblefor the offenceby theat thetime the offencewas commit 10ution the vicutims of
princin
Answer Under Section40 of the Air Act, every persou for theconductof thebusinessoff the Answer POIIuterFaysS above
principle
Was directlyin-chargeof, and was responsibleto tne be uilty. e penalty under nder the Noise Polluion Rules
for
as well as, the Companyitself,shallbedeemedto De gu The Pr: Nature of penaltyhas not been use of sound amplifier in silence zone.
ADS specified.
diction under the EnvironmentProtection
BarofJurisdic
Act is related to which Court.
Answer:CivilCourt
[81 nctitutional Amendment which
) The
is indicated as a two-fold provision with respect to Environinent
TApril, 2008] Protection.

AnSwer: 42 Amendment.
has nower to take samples of the environment
With Solutions 4W er The CentralGovernmentor any
:
pollutant under the EnvironmentProtection Act :

N.B.
Answe.
officerauthorised.
1) Answers to Section I should be attemptedon the questionpaperise whetherthefollowingare Trueor False:
one hour ot the commencement of the Sr the Air Act, the State Government after
consultationwith
4)uestion paper of Section I will be taken back after reduce or declare a new air pollution control area.
the State Board can alter that is extena,
examination.
3) Tick the correct alternative or do as directed. Answer:True

4) Cite case law wherever necessary. 16)

vers and functions
Power
are
given to Pollution Control Boards under the
Environment Protection Act
Answer:False.
SECTION-I (Marks:40) .n The various methods and tools of Environment Impact Assessment are Checklist, Matrics, Network,
Q.I Map. Overlays, etc.

Answer:True,
Fill in the blanks: Disaster Management includes co-ordinating emergency relief work such as housing. reconstruction,
resertlement, economic livelihood, health and psycho-social issues.
An...Is an overall integration of the whole mosaics of interacting organisms and their Environment.
Answer lrue.
Answer:Eco-system. 19) Noise is an actionable tort.
2) Statutory obligation is cast upon the.... to establishthe National Environment Tribunal.
Answer CentralGovernment, Answer:1rue.
3) Under the Wild Life Act, any animal found dead in the forest killed by mistake 20) Upon some unforeseen incident causing air pollution, the occupier is not bound to inform the Board,
or is
. property. rather should tackle the problem tact-fully alone.
Answer : Government.
4) Under the Forest Act, Timber, Charcoal, Bark, Lac are ... Answer:False.
Answer: Forestproduce.
5) Under the Environment Protection Act, any person wishes to make complaint against any offence, has to Tickthecorrectoption: the environment and
give notice of..... of the alleged offence and of his intention to make complaint to the Central 2) The Directive Principles of the State Policy for protection and improvement of
Government or the authorised officer. safeguardingof forests and wild life.
a) Article 21.
Answer:60 days. b) Article 1 (A) (g).
6) ...... are used to provide for accredition/recognitionfor house-holds, consumer products which
meet certain environmental criteria along with quality requirementsof Indian standards. c) Article 226.

Answer:Eco-marks. d) Article48-A. Act, the Central Govemment issues directions in

5 of the Environment Protection
7) Blocking part of public street, spreading dirt in a
publicC place, playing music loudly at night are
4) Under Section
instances of ...... .... writing for
a) the closure. prohibition and regulation of any industry.
Answer:PublicNuisance.
8) The State Board is empowered under the Air Act to enter any industrial plant at.... D Stoppage or regulation of supply of electricity
or
water
Answer: Reasonabletime. c) only a).
9) Report of Analysis should be prepared in d)both,a).and b). article
Answer:Triplicate. Act, 'animal article is an
*AS definedunder the Wild Life Protection other than vemin.
) made from any captive/wild animal
wild animal has been
used.
D) in which the whole/any part of
 Author-Prot Prakash K. Mokal 199.
198. defence availableto company which
is the
defence a a
Author-Prof.Prakash K. Mokal
(i.e. Director of the company) is charged under Section 40 of the Air AC
What
c) not including ivory imported into India.
Answer
If it
d) a) and b) only. e or that he Cxercised proves
all due diligence to preventthat, offence was committed without
e) a), b) and c). for compensation can be made know complaint
can a under Noise Pollution the commission of such offence.
ofclaim by 3)When
Rules be made to the
24) Under the National EnvironmentTribunal Act, an application Answer:When1noise exceeds Authority?
ambient noise ?
at is the EnvironmentImpact Assessmentstandards by 10 db {A)or more.
a) Owner of damaged property. Wh
4)W
r : To evaluatethe changes
b) Legal representative of the deceased.
Answer
and effectson environmentwhich
projects.Such as dams,ndustries,etc. may _result from propostu
c) Duly authorised person. is House Effect" 2
s95)What Green
d) Alltheabove. wer : Increasedwarmingof Earth'ssurfacedue to
25) Power to give directions under the Water Act, implies
Answ
higherlevelsof carbon dioxideand other GH
the State Govermicl
a ne State Board shall be bound by the directions given by e
gases
36) Constitutional remedi
for Environment Pollution
b) The Central Board shall be bound by the directionsgiven by have been given under which provision of the
of India ?
State Government. Constitution
c) a) and b). Answer:Article32 and Article226.
efinition of "occupier" as under Water Act.
d) Only a).
nuisance
for the caused due to open AnSwer: "Occupier in relationtoany factory,premisesmeans,the person
40CSIOcntsof a prominent locality filed an applicationto a Magistratesanitatiom. I ne above racts relate to affairsof thefactoryor the premisesin relationto anysubstancein who has controlover the
arains, discharges of alcohol plant flowing into the street and poor under the Noise
Authority" Pollution Rules, means possessionof it.
which of the case? 38)
-

a) Krishna Gopal v/s. State of M.P. Answer:Ofticerauthorisedby the CentralGovernmentor State Government,DistrictMagistrate,or
b) L.K. Kollwal v/s. State of Rajasthan. Police Commissioner.
39 With respect to environment protection, name the remedies available to an aggrieved person.
c) Dahanu Taluka E.P. Group v/s. Bombay Suburban Electricity
Supply Answer:ivilremedy,Ciminalremedy and Writ Petitionunder Article226 and 32.
D Define 'taxidermy' as given under the Wild Life Protection Act.
d)RatlamMunicipalCouncilv's.Vardhichand,
27) Report of Analyst under the Water Act refers to - Answer:uring,preparationor preservation,mountingof trophies.
a) A document signed by the State Board.
b) Adocumentusedasevidenceof the factsstatedtherein.
c) a) and b).
SECTION-II (Marks : 60)
d) None of the above. Q.I1:AnswerAny Two: 20.
28) Central Water Laboratory can be
b) established by either the Central Governmentor State a) Discuss the different penal provisions under the Air Act.
c) Govermment. Answer:
d) establishedafternotificationinthe OfficialGazette. Sections37 to 46 ofthe Air Act.
c) c)a) and b). b) What are the powers and functions of the State Board
d) None ofthe above. under the Water Act ?
29) Under the National Environment Tribunal Act, no application for compensation shall be entertained Answer
unless it is made within . of the occurrence of the accident. For detailAmswerstoabove Ouestions,ReferthisBook
e)How does the Wild Life Protection Act seeks to protect the animals, birds and plants ? Bring
a) one year
b) five years. out the salient features of the enactment.
c)sixty days. Answer:
d) ninety days. Salientfeaturesof Wild LifeProtectionAct
30) Under the Wild Life Protection Act, Chief Wild Life Warden is appointed by the -
a) Central Government.
EXIsting laws- outdatedand inadequate,hence,necd for comprehensivelaws:
Constitute Wild Life Advisory Boards;
b) StateGovernment,
c) Director of Wild Life. Regulate/restrict hunting
d) President. Lay down procedurefordeclaringsanctuaries,nationalparks; trophiesand taxidermy:
articles,
Regulate possession,acquisition,trade ofwildanimals,
Answerin Onesentence: Penalties for contraventionofits provisions.
31) What is the penalty for contraventionof the provision of the Environment 20.
Protection Act, 1986? Q.: Writeshortnotes on Any Four
Answer:Five years imprisonment,or fineupto 11Lakh,or both.
 Author-Pro,Prakashk.
. aMokal
200. i) Which type of liabilitywillbeattracted201
in this Author-Prof. PrakashK. Mokal
case? Explain.
b) Stockholm Conference. AnswerItis theabsoluteliability.
What will be the measure
Answer : of compensationin this case?
IndiraGandhirepresentedIndia; wer: Amount or measure of Explain why ?
1972,U.N. Conference/Sweden; industry-OleumGas Leak Case. compensation depends upon the magnitudeand-
d prosperityof the
Someimportantprincipleslaiddown(26principles. iii) What judicial remedies are
available to
b) Ganga Pollution Case. AnSwer Cognisanceof the oence the people under unde the Air Act?
Answer: under the Air Act can be taken and
accordingly penaltywill be awardcd
Facts- Directionsgiven in the case- Importance Enumerate certain powers given to the State Board
PIL M.C. Mchta v/s. Union of India. er : The State Board can give
Answer.
under the Air Act.
c) Bhopal Gas leak Case. directionsof ClosureStoppageof electricity.water.
Answer aA group of friends
etc.
entered forest with due permission from the Government. On
a

Facts-Orderof the Court-Importance. d venturous journey through the

forest, they sighted various wild birds
their
d) Offences by Company under the Water Act. even attracted towards hunting them. and animals and were
Answer: If they capture and injure the wild
animal, would it amount to
Section47 of the Act; Protection Act ? an offence under the Wild Life
Constitutional guarantee to protectionof environment. Answer:tamounts to the offenceof "Hunting'in Sanctuaryor NationalPark,
Answer: underSection 51 with imprisonmentfrom minimum3 vearsto 7 and is punishable
42m Amendmenttothe Constitutionof India ii) State the purpose for which permit can be granted for
years and fine upto Rs. 10.000/-
Article 48-A; hunting under the Wild Life Protection Act.
Answer Permitcan be grantedto the studentsof recognisedcoursefor educationor
Article S1-A (g): researchor management scientific
Article 21,32 and 226. ii) What defence can be val1dly pleaded against the charge of killing the animals ?
f Hazardous Waste Rules.
Answer: Answer:Selfor privatedefence.1e.to save thelifeagainstthe unprovokedattackof theanimal.
iv) If the above mentioned area is a
sanctuary, what would be the provisions with respect to entry
Responsibilityoftheoccupier; into 1t
Authorisation Rules: Answer ReferSection 27, which deals with restrictionon entryin Sanctuary,and Section 28 for
Packaging.labelling.transportation
Import,etd pemission/permit
to enterin the Sanctuary.
For detailAnswersto ahoveshortnotes,Referthis Bookl
Q.IV Solve Any Twosituationalproblems: = 20.
1) A well-known high-tech pathological laboratory was established on the ground floor of a
residential building. It was repeatedly observed by the residents that, the
laboratory was
discarding its Bio-Medical Wastes into the society's common dust-bin kept in the compound of
the building.
With respect to the Bio-Medical Waste Rules, answer the
following questions:
i) Is the pathologicallaboratoryin the above case, covered under the Bio-Medical Rules ?
Explain.
Answer:Yes.UnderRule 3(8)-Definitionof occupiercoversthesamne.
ii) What are
procedures a laboratoryhas failed to
follow?Why ?
Answer:UnderRule 6-Failedto followSegregation,packaging,transportation,storage,
iii) Is there a need for
laboratory to applyfor Authorisation? Why?
a etc.
Answer: Yes, it is necessaryunder Rule 8.
iv) Who grants authorisationunderthe Bio-Medical Waste Rules to
occupier? the
Answer: PrescribedAuthoritygrants theauthorisationto the occupierunder
Rules. the Bio-MedicalWaste
2) There were some industries producing certain chemicals.
of highly toxic effluents discharged by them,They
did not install any
for treatment equipmene
which resulted in various types
environmentalpollution damaging property,and affected
health of the people in the vicinit
 Author-Pro1, Prakashk. 203. Author- Prof.Prakash K. Mokal
ash K. nMoka er OcCupier
ASf factory/anySubstance-a
On tO any tactory_premisesmeans a personwho has controiovci
affairs oflactory/anysu
personin possessionof it.
202. the an Forest Act, what is a
Indian
Reserved Forest ?
Under
ver:Under Sections theindianForest Act, 1927, The State
YEXAMINATION QUESTION PAPERS
10.
Governmentmay constitute any
forestland
lE or waste-landwhen is the propertyof Government,or overwhichthe Governmenthas
|Revised
Course) rights,or to the wholeEOrany part of the forest-produceof whichthe Governmentis
ropriet

itled, a reserveforest in the manner hereinafter

Environmen toLaw'"
[31] Question
Papers scribe the provision provided.
of appeal under the Water Act.
are [9]
Following
Paper Pattern 11AnSer: The proviSIONO1appealunderthe WaterAct-Appealby the aggrievedpersonagainst
Ouestion rdcr oofthe StateBoard,may preferan appealtothe AppcllateAuthoritywithin30days from ine
ACcording to New order
order

Vriteshortnoteson the following: JAny Fourl:_ 20.

Q.2:
)Environment Impact Assessment.
[9] b) Stockholm Conference.
November, 2008 (01.11.08) under the Water Act.
Marks: 100, c) Offences Waste per Bio-Medical
Time:3 Hours d Segregation,packing, transportationand storage of Bio-Medical as

Waste Rules.

l Power of entry and inspection under the Environment Protection Act.

With Solutions Power of Board u/s. 22 (A) ofthe Air Act to move the Court.
20. 12.
Q.1:AnswerthefollowingNot more than Twosentences 0.3:Solvethe following: AnyTwol: the
decided to venture into an expedition. Being immensely
excited with
2. What is Polluter Pays Principle ? students of zoology a sanctuary.
liabilityfor the harm causedto environment
AnswerThe Polluter PaysPrincipleis absoluteandalso restoringenvironmenlaiaegradtion. expedition, they started preparing themselves,
after which they finally enter into

the victim. 2 Kms. they come across a dead tiger.

which resultsin payingcompensationto Waste Rules. After walking for
3. Define "Bio Medical Waste" as defined under the Medical Can anybody enter into a sanctuary ? Explain.
i)
durngdiagnosiS/treatmeny (CWLW)is requiredunder Section
Answer:Bio-MedicalWaste'meansany wastewhichis generated CL
Answer:No. Sanction/permission of Chief Wild Life Warden
mmunization of hunman beingsor animalsorin researchactiviues,
What does "Bar of Jurisdiction"under the Air Pollution Act,
1981 mean 28ofthe Wild Life ProtectionAct,1972.Permitmay begivenfor
Investigation or study of Wild Life,etc;
4.

Answer: Bar ofJurisdiction'is aprovisionunderSection46 of the Actinwhich lays down that -

respectof any matter Photography:
No CivilCourtshallhave jurisdictionto entertain any suit/proceeding
Scientific research;
Which an AppellateAuthority constitutedunder this Act is empowered by or underthis Act to Tourism;
determine,and no injunctionshallbe grantedby any Courtor otherAuthorityin respectof any
actiontaken or to be taken in pursuanceof any powerconferredby orunderthis Act Transactionoflawfulbusinesswith residents.the dead claim it ?
students regarding body of the tiger? can they
5. "The 42nd Amendment to the Constitution of India is called as "Two-Fold' provision" ii) What is the duty of the
Government.UnderSection27 (2)(c).it is their
Answer: UnderSection39,itis the propertyof the
Explain. Warden.No, theycannotclaimthebodyof
Answer:The42nd Amendmentgivesdirectivesto Statefor protectionof enVironment(Article dutyto reportthedeathof the tigerto ChiefWild Life
48A)and on the otherhand,it castesadutyon everycitizento preserveenvironment[Article51A thetiger,thoughthey found it, northey can take/useany part ofit, the
smell, etc.
affected area due to the open drains, pungent
6. What is the restriction on use of public address system under the Noise Pollution Rules? b) The "X' zone was the most made.
deaf ear to a couple of written complaints
municipal bodies had turned a above case ? Can they approach
the
Answer : Use ofloudspeakers/publicaddress.systemafterobtainingwrittenpermissionfrom the
authorityand i) What is the remedy available to the aggrieved in the
prohibitionon useat night (i.e.1Op.m.to 6a.m.)exceptin closedpremises. Magistrate for the same ? Explain.
7. What is the pre-requisitefor
any person to take cognizanceof offenceunder the Water Act? approach the
Section133 of the Cr.P.C. They can
Answer:Pre-requisitefor takingthe cognizancemeans to givenoticeof notless than 60 days,of Answer: Yes. They havea remedy under restrainthe same.
thealleged offenceand of his intentionto makea complaintto theBoard Magistrate againstthe publicnuisance andfor ordersto to carry out its duty.
8. Name two activities prohibitedwithin the Coastal the Court has compelled a municipal body
RegulationZone. ii) Site a similar decided case where AIR,
[MunicipalCouncilRatlamv/s. Vardhichand,
AnswerTheactivitiesprohibitedwithinthe CoastalRegulationZone are -i) Settingup or Answer: Ratlam Case- PublicNuisance Case
expansionof industries:ii) Manutactureor storageof HazardousSubstances:ii) 2980..S.C 1622].
untreatedwaste. Dischargeof
9. Define occupier as defined under the
EnvironmentProtection Act, 1986.
 Author-Prot Prakash . Moka Answer:Schemehas been 205.
in the mid
204. Unit burst open
Further.19 productshave nroduced Author- Prof. Prakash K. Mokal
to label consumer
he purpose ol ben identified.
the people roe:h
)Certain pipelines in Hindustan Chemicals
Production
damage to products
roductsthat are
are environment
friendly.
because ofwhich, hazardous
in that area.
chemicalsleaked out causing great residing aiscnarging functions, the powers of
Tribunal are similar to which court
its
env
the National Environment
se?Explain. nswer: Thepowersof the National
Does the principleof Absolute Liabilityapply to the above caused to tne njured, _aswo
as well as,
AnSwer : Yes. AbsoluteLiabilityis attractedfor the loss Civil ProcedureCode.
ate any
EnvironmentTribunal are similar
sir to the CivilCourtunder
environment. d) State any one direction which the
reflected. JustityyouraisWC ection 5 of the
Central Government can
iudicial activism is Environment issue, being empowered nder
from the_guidelines and the er: Under Section 5of theProtection Act, 1986.
Stmilar decided where
e case
unae
Answer Oleum gas Leak Case- Judicialactivism is reflected
directions
directionsissued by the Court. rhe closure,prohibitionor EnvironmentProtectionAct,1986-Power wer to issue directionfor
= 48. ) Stoppageor reguiaonOeregulationof any industry,operationor process:OR
Q.4:Answerthefollowing:JAny Fourl: Which area comes under CRZ-I1supply
? of electricityor water or any
other service.
a) What are the main features of the Air Act ? Answer:Areas,which have alreadybeen developedup to
Answer pefine "uncured trophy" as detined under or closeto the shoreline.
the Wild Llife Protection Act.
Aims/Obiects/Boards/Powers/Functions/Penal
Provisions Answer Uneureauropny means, the whole or
activism at its best in environmentprotection cases ustrae your answer with otherthan vermin,wnicn nas not undergonea any_part of any captiveanimal or wild animal
Juaiclal process of taxidermy,
appropriate cases. wild animal,ambergrIS,Murkand otherthan and includesa freshly Killea
Answer Give two animal products.
any prohibited activities under CRZ.
Shortexplanationonjudicialactivism-Casesin whichitis reilected.
ake a critical appraisal of protection of environment with special relerence to the
Answer Setungup new industries/expansion_of existing one
Manufacture/handling/storage/dispOsalof hazardoussubstances.ii) Settingup of units of
provisions in the I.P.C. and Cr.P.C. ofwaste ettluents.iv) Dischargeof untreated waste. disposal
Answer h Under the Air Act, where does the appeal lie against the order made the State Board and
by
cal appraisalof provisionsunder1.P.C.-Outdatedprovisions-IneffectivenesSWith regardtoits what is the limitation for the same ?
penal provisions,hence,cannotCurb pollutio. Answer:Appeallies to the AppellateAuthority.Limitationis 30
d) Explain the Penal Provisions under the Water Act.
orderwas communicated. days from the date on whichthe
Answer: Under the Noise Pollution Rules, what are the restrictions on the use of loud-speakers/public
Penalprovisionsunderthe WaterAct-Sections41 to48.
e) Discuss the powers of the Central Government to take measures under the Environment
addresssystems?
Protection Act.
Answer:) Use of theseonly after obtainingwritten permissionfrom the authority.ii) They
shouldnot be used at night(10 pm. to 6 am.exceptin closcdpremises.
Answer: Define "taxidermy" as defined under the Wild-life Protection Act.
Powers of CentralGovernmentto take measures -Section3. Answer:Curing.preparationor preservation,mount1ng of trophies.
1 Discuss the regulationswith respect to Hunting under the Wild Life Protection Act.
Answer Q.2:Writeshortnoteson thefollowing(Any Four) = 20.
Restrictions/Prohibitions/Regulations
on huntingunderWildLifeProtectionAct.1972. a) Sustainable Development.
Answer:
10 Developmentthatmeetsthe needsof the presentwithout compromisingthe abilityof future
May, 2009 (18.5.09)] generations10 meet theirown needs.nter-generationalcquity.useand conservationof Natural
Resources, Protection of Environment.PrecautionaryPrinciple. Polluter Pays Prineiple
Obligation to assistand Co-operate,Eradicationof Povertv,financialassistanceto developing
of
countries-have been accepted to be the contentsof SustainableDevelopmenton the basis
With Solutions BrundtlandReportand otherinternationaldocuments.
Q.1: AnswerthefollowingInot morethan Two sentences|: b) Ganga Water pollution Case.
20.
a) Define "occupier" as given under the Bio-MedicalWaste
Rules.
Answer:
Answer:In relationto any institution,generatingbio-medicalwaste Factsofthe Case-Explanation-Directionsof the Court.
nursinghome, clinic,dispensary. veterinary institution,animal which includes a hospital, c) Coastal Regulations.
blood-bank- a person who has control over that institution house, pathologicallaboratory.
b) What is Eco-mark? and or its premises. Answer
 Author-Pro1. PrakashK
206. permic What are the restrictions under 207.
CRZ-Classifications of CRL LUlon of Ssible weapons or
expiosive substancesin
the Wild
Life Author-Prof.PrakashK. Mokal
Protection Act
What is CRZ-Prohibitedactivitiesin er : Causing Of ire sanctuary? for causing
ie
activities. m
apons except win pCvIous amission
sanctuaryi prohibited.
ed. Prolhi
a) Offences by companies under the Environment Protection
ct.
CXplosivesubstancein sane
permissionin writingofProhibition of
Chief Wild Lifeentry into:sanctuary with
Answer Warden. Ban on Us
Section16 of the EnvironmentProtectionAct.1986. 0.4:Answer the tollowing (Any Four):_
e) "Bar of Jurisdiction" under the Air Act. What is the importance of the 48.
Answer:
a
Protection? constitutional provisions with
respect to Environment
Section 46of theAir Act, 1981 Answer
Information" be effectively used for
Environment Protection?
Constitutional provisions-42ndAmendment,Articles48A,
A gnt to can
Law 5IA(g),21.32.226-RelevantCase
Answer publicauthorilyin te mattersrelated
b) State the functions of the Central Board
Oaon can besoughtby any personor NGOsfrom any Answer:
under the Air Act.
to/affectingenvironmentprotection,ete.
Section160fthe Air Act.
Q.3 Solve thefollowing(Any Two) 12 What are the powers of the Board to take
samples of effluents and procedure to be followed
in connection therewith ?
Centre were locaean a crowded
a ASIanSchool of Intensive Cardiac Care and ResearchWastes including biologicals from the Answer:
1Ocality in the suburbs of Mumbai City. Bio-medical
Under the Water (Preventionand Controlof Pollution) Act,
procedure to be 1ollowed-State Board is empoweredto do1974 -Power to take sample an
research centre were discharged every day in tons.
1) What is the proccdure under the Bio-medical Waste Rules for segregation, transportation and
so -Purposeof takingsampie
storage? Evidenceagainstpoluter=NotiCe: then and there -Dividingof samplein 2
container/marked/sealed/signedby the State Board Officer partsFlacen
Answer:ProcedureunderBMW Rulesfor Givedetailsof Lab.- Wilfulabsentsof Occupier. and Occupier-Sent to laboratory=
Segregation:intocontainers/bags-Labelled, d "Indian Judiciaryhas played a seminal role in creating a new environmental
Transportation: in vehicle-as may beauthorisedforthepurposC in the country using Public Interest Litigation as a conventionaltool". Discuss.
jurisprudence
Storage: untreated BMW shallnot be storedbeyond48 hours_unlesspermissionof prescribed Answer:
authority and measures
11) Authorization
to be takenaccordingly.
under the Bio-medical Waste Rules is granted for how many years and it is IndianJudiciaryand PILs- JudicialActivism of the Indian Judiciary-VariousPlLs to be cited
required to be taken by whom? highlightingjudicialactivism.
e) Criticaly examine the protection of the environmentwith respect to the provisions under the
Answer:Authorization_underBMW Rulesgrantedfor 9 years Reguiredfor institutions criminal law and law of torts.
providingtreatment/servicetonotless than1000patientspermonth. Answer
b) A person operating an industrial plant in an Air Pollution Control Area comes to you for
Criminal Laws:ProviSionsunderIP.C.relatingto Publicnuisanceand its penalprovisions
advice.
Advise him-
Sections268,290,etc.=Section133 Ct. P.C powersof Magistrate-Provisionsunderlaw of
Torts relatingto Nuisanceand the varioustypesof remedies
i) What is the restriction on use of certain industrial plants ? Explain how hunting is regulated by the Wild Life Proteetion Act.
Answer:Consentof StateBoardis mandatory. Answer
ii) What are the powers to declare an air pollution control area under the Air Act ?
Definitionof "hunting"-Huntingwhen permitted-Prohibited.et
Answer: Powerof State Governmentto declareair pollutioncontrolareas-alter consultation
with StateBoard-Notificationin OfficialGazette.
Power to alter/extend/reduce/declare
new one.
Prohibitionoffuels/approvedapliancesonly
[11
1October, 2009 (28.10.09)
c) A person passing through a sanctuary along a public highway enters into a sanctuary with
weapons and some explosive chemicals. Soon, he leaves a fire burning in the sanctuary, in a
manner as to endanger
i) Give the various purposes for which the chief Wild-lifë warden can grant permit to enter or
With Solutions
reside in a sanctuary. 20.
Answer:i)Investigation/studyofwild life.in Photography.ii)Scientificresearch.iv) Tourism. Q.1:AnswerthefollowingInotmorethan Twosentences|
.
Whatis "Eco-mark"
 Author-Prof, PrakushK. M. can be defined 209
208. environment frie irpollu
Pollution
hrough human actis Author-Prof. Prakash K. Mokal
productsthatarc ndly. indirectlythrough human activity, ouldoor atmosphere,
2. Answer:
What is
Eco-mark
"Polluter
is a label to labelconsumer
introduced In quantities that are detrimentaltoof asubstance/s,relcascddirecti
Ansver:Polluter paysPrinciple"
Pays Prineiplemeans,
? theabsoluteliabilityfor the alsocaused
the cost
to environn
of resto heDiosphere

sea-levels whicha health, satety or

& well being of
risein affects coastal marine
Cxtendingnot only to_compensatethe victim of the_poin sLoring heGlobal Warming.Higheraverage
is thus, relatedtemperatures
and economiclife, 3
agriculturallife, are the resultsof
,
cnvironmentaldegradation.
Ts Nuisance in
Lnuals.Glob

GreenHouse ect:
to earth's upset the balance of nature for both plants
climate. an
of environmental degradationpunisnau
case
of Public Nuisance.
Answer: Yes,underSection290 and 291 ofthe1PC fortheoften of the global.
thc global warming
4. What is Global Themain cause or
the earth's atmosphere.
is said to be the Green House Effect
Warming? due
which are nccessaryand Ihere are certain naturallyexistinglevels ofto presenceOf grce u
SCS

Answer Due to pollution,increasedIlevelsof carbondioxideand othergreen 1ouse gases cause house

hou
heatingup of theearth'ssurface
atmosphe

percentaoe beneficial
ntage,it wouldresultinto global
life on carth. But,if there is green-housegases
heyondtheir
natural an increasein these ga
5, Define "airpollutant" as defined under the Air
Aet. ionof of the artincaiOT warming.
lobal warmingcanalsO DEman-made
emisSSIon

Answer Air pollutantunder Air Act -"Any solid, liquidor gascous luding noise
substanceinclud Ifthe green-housegases is slowed down or
presentinthe atmospherein such concentrationasSmay be or tendtobeinjurioustohunman beings or then rhon-reducingprojects n Sloweddown. The developedcountriesinsteadofreduced woriaWIu
taking measuresto
set up carbon-
their countries,try to impose their
Otherlivingcreatures or plantsor propertyor environmenl. forcingthemto impiementSection up authority on the
Naonal Environment Tribunal Act was established owing
to an International obligation at
carbon-reducingprojectsin theircountrieS.developing
which conference? Gas Leak Case.
b) Oleum
Answer:Rio de Janeiro Conference, Answer:
7.
application for restraining any
one Irom
causing few Guidelinçs given by
where Board make ts, Issucs and a
courts
ne
air pollution.
a can an
the SupremeCourt in this Case.
CaseLaw:£
v/s. Union of India, &
Answer:MetropolitanMagistrateorJudicialMagistrateofFirstClas. MCMehta and
8. Define "animal article"
defined under the Wild Life ProtectionAct.
as Crira Foods and FertulizerIndustries vís. Union of India,(A.1.R. 1987, S.C. 965) -

Answer:AnimalarticleunderWild Lite ProtectionAct-"An articlemade iromany captive ShriramGas LeakCASeOleum Gas LeakCase:
animalor iwildanimal,otherthanverminin whichthewholeor partofsuchanimalhas beenused Facts of the case:
andivory importedin India. elhi Cloth Mill Lid, a Publie Limited Company having its registered office at Delhi, was running
9.Under the Forest Act, who can declare a reserve forest? an
nterprise called by the name ot "Shnram Foods and Fertilizers Industries".This enterprise had several
Answer: StateGovernment. nits dealing with the manutacture of caustie soda, chlorine, hydrochloric acid.
sulphuric
acid, stable
10. Name the four kinds of forests, the Forest Act deals with. bleaching powder, etc. Ihe original writ petition filed by Shri M.C. Mehta, an environmentalist lawyer as

Answer:i) Reserved:ii) Village:i) Protected;andiv Non-GovernmentForests. a Public Interest Litigation, sought to close and relocate Shriram's Caustic Chlorine and Sulphurie acid
plants located in a thickly populated section of Delhi.
Q.2 Write shortnotes on thefollowing(Any Four): 20. One month after filing of this petition, a major leakage of Oleum gas took place from one of the units ot
a) Green-house Effect and Global Warming 1985
Answer
this enterpriseon a December,
in the nearby viemity.
affectinglarge number of persons includingthe workers and public
An advocate practising in the Tis Hazari Court at Delhi also died on account of
inhalation of the oleum gas.
Ducto pollution,increasedlevelsofcarbondioxideand othergreen-housegasescauseheatingup ofthe
earth'ssurface Air Pollution: Mr. M.C. Mehta, who was an advocate and a leading consumer activist, filed a Writ Petition in the
Global Warming: Supreme Court by way of Public Interest Litigation seeking the closure of the unit from where the gas

Ar pollutioniscausedbyconcentrationofcarbondiexide.Airconsistsnotonly ofoxygen,butalsosome
othergases,such as,
leaked.
nitrogen,carbondioxide,ozone and other inertgases.Inert gases areneon, heclum, The immediate step after the gas leak, taken by the Delhi Administration was an Order dated 6
Xenon,hydrogen,methaneand hydrogenoxide December, 1985, passed by the Distriet Magistrate, Delhi direeting "Shriram Foods and Fertilizers
lfeverythinggoes properly,the proportionof these gaseswillremain ata properlevel.Butintheworld of chemicals and The
Industries to stop the manufacture and processing of hazardous and lethal claims beforegases.
todaywhich is an industrialworld,greaterpossibilityis of the reverseorder.Excessiveuse offuels during persons who were atfected by the gas leak were also allowed to file compensation the Chief
thecourseofair-fightsin thewar and growinguse of vehicleson the roads haveaffectedthe MetropolitanMagistrate at Delhi.
Growing deforestationreleasesmore carbondioxide,as well known plantsbreathin carbonatmosphere.
dioxideand Aggrieved by the two prohibitory orders, Shriram filed a writ petition
and sought interim permission to
breath out more oxygen.The useof fossil fucls by industryreleasessulphurdioxide.Therefore, polluted reopen the Caustic Chlorine Plant.
airis convertedintoacid-rain. On behalf of those affected by Oleum leak, the Delhi Legal
Aid and Advice Board and Delhi Bar
The atmosphere,istheearth'sair envelope1s a mixtureof various gases.The petition by M.C. Mehta.
ASSOCIation filed applications for compensationin original
the
hasbeen stableoverthe periodhumanlifehas been inexistence. compositionof atmosphere
Note: ssues:
Balanceincludeshydrogen,helium,neon,krypton,oxidesof sulphur,
nitrogenandcarbon.
 Author-Pro, Prakash K.
210. be ajlowed to function Mokal
locality. 211
1) Whether industries dealing in
thickly populated area? If so. with the safeguards of
manufacture
what
hazardous product
or measures to be taken to had a lot or
aemand in the
to be taken tO reauce the hazarrd
Workmen and the its
irrespective
Under the Noise
of day or night.

Pollution Rules -
However, Shri Author-Prof. Prakash K. Mokal
Shraddha
people living in the nearby vicinity Sangh lads kept renearsi
sing,
time ustic plant should be
directed to be shifted and
relocated at a safer plan.
lace? If What are th restrictions laid
lse of loud-speakersdown on the use of
0, Within what
3) W in the manutacture of hazar.
Answer:

Or pubiic address loud-speakers/publicaddress

nd shallnot be used at night
liability of enterprise dealing zardous pm. to system only after obtaining systems
the
Ctermine
product and what ic
and what is sthe nthorice Pollution Kules Categories(10areas 6am.) except
Guidelines
quantum of damage?
given by theSupremeCourtE in closed written pernm
mission from the
b) ne supreme Court assumed legislative and executive functions to adduce evidchce and to
to pro
provide
hem which the
me

ver: Categories
is with respect to Ambient
category
in
which
ndustrial, Commereiol ne the Kamlesh
premises.
Kamlesh Hieh Seh
air
quality
y standards
standards in
in respect
respect of
relief. High School is located?
hool is located in -
CArticle 52 of the Constitution is used to seek compensation from a private company, V.2., Shriram.
Silence Zone.
a TheSupreme Court imposes stringent standards before permitting Shriram to operate its Can
ustic Russel accused ot kiling an
Ronit

Chlorine Unit. c)t0 the

tn Wild Life Protection Act, elephant, was
undergoing
ansver the a trial in the court.
With reference
e) The Supreme Court introduces a new "no fault" liability standard (absolute liability/strict liabil:
bility any person huntany Wild animal? Explain. following -

any exceptions which were recognized in Raylands v/s. Fletcher Case) tor industries engaged i)a No. Under Section
Ans 9 ot the Act there is a
in hazardous activities. fwild animalsis permitted prohibitionof hunting.But under Sections
hun s killing or wounding in certain
ot any wild cases under special I| and12
C)Under Bio-medical Waste Rules - Segregation, Packaging, Transportation and Storage. i) W
wild animal
?. an1mal not circumstances.
an offence ? Can such
Answer the person Douy claim the
When the huntingOI a wild animal
Answer: When
egregation, Packaging,Transportationand Storageunder Bio-MedicalWaste KUCS amounttoan
is permitted
No. ]n such a case, a perSon
offence. No.
an offence. in certaincases under
a) No mix1ngwith otherwastes:
property
cannot claim the dead bodySection 11. it does not
as it is Governmen
b)Segregationin separatecontainers,bags-labelled/informaton
C)Untreatedbio-medicalwasteshallbe transportedonly inspecilicvenici Q.4:Answerthefollowing(Any Four)
d) Untreatedwastecannotbe kept beyond48
hours. what are Public Interest
48.
d) Disaster Management. a)
environment protection.
Litigations ? Give illustrations.
Explain the relevance of these in
Answer: AnSwer : Explain PlLS. giveilustrationsand explainwith
eaning necessity.committees,informationsystem,etc.(See ChapterXV| romthis BpPKI relevanceto judicialactivismalso.
e) Power of b) Discuss the powers of the Central
Government to take measures to
Entry and Inspection under the Water Act. environment. protect and improve the
Answer : Answer:Powers of CentralGovernmentunder EnvironmentProtectionAct.
Section23 of the Water (Preventionand Controlof Pollution)Act, 1974 1986. Section3.
)Discuss the penal provisions under the Water Act.
Coastal Regulations. Answer:Penalprovisionsunder Water (Preventionand Controlof Pollution)Act. 1974 -Ss, 41
Answer: to 50.
Rules, variouscategories,prohibitedactivities,etc. d) Elucidate the power to take samples of air or emissions and state the procedure to be followed
by the State Board under the Air Act.
Q.3:Solve thefollowing(Any Two): =12 Answer:Power to take samplesunderthe Air(Preventionand Controlof Pollution)Act. 1981-Sec.26.
a) Mr. X was ambitious about his
project, to
new establish and operate his new industrial plant in e) Discuss the provisions of the Constitution of India with
Kharghar. Advise Mr. X on the following: - respect to environment proteetion.
i) Whose consent does Mr. X require under the Air Act ? Within what
Answer:Articles48A. 51A (g). Aticle32,226and Article21.
period does the consent needs to be
givenorrefused ?Answer:Mr. Xmust obtaintheconsentof Give the salient features of the Environment Protection Act.
Act within4 monthsfrom the date of receiptof application. the StateBoard under Section 21 of the Air Answer:Aim, Objectivesof the Act,Powers,Functions,Penal provisions.
ii) Presuming that consent is granted to Mr. X, name any two conditions which Mr. X needs to
with. comply
Answer: Contrclequipmentof specificationsgiven by Board or maintenanceofthe same
Chimneys. ete. (alteration)or [12]
b) Shri Shraddha Sangh, an organisationnear 50 meters from Kamlesh
High School, comprisedof April, 2010 (26.4.10)
young boys. It provided music systems, orehestras, loud-speakers,etc. at nominal rates. They
 PrakashK, M - I|inch ies the 213.
212
Author-Prol,
Mokal Answer:RZ

orII. This will areas tha airerelativelyundisAuthorProt -Prof.Prakash K. Mokal

With Solutions o
category
legally des coastal Zone
zone undisturbed and
in the rural areas thosc,which do notbe ot belong
linmitsorinotherRules ated ur
Rules under the durbanareas.
four and also areas WIU nunicipal
.1: Answwerthe followingJnotmorethan Twosentencesl Name any
Envir nment
envi Answer: Any four out of the following Protection Act, 1986.
a) What is the basic difference between Writ and PIL
remedies with
reference to
nvironment i) Thehazar rdous wastes (Management
and Handling) Rules. 1989.
Import of Hazardous
protectionin India ?
by applicarnonorundeIs rulein cas of Chemicals Rules, 1989. ii) The i) The Manufacture,
Storagea
SWer ln case of Writ,rule oflocusstandi'isapplicableand Handling Rules, 1998, V) The
EnvironmentalDisastersaffectingpublicat large,it becomes diflicult to redressthe nder-privilecge Pollution (Regulation
(Regulati Plastics manufacture, SaleBio-medical
and Usage Waste
ste (Managementand
and Control)Rules,2000, vi)
eCOrY of the society.Therefore, by allowingPublic InterestLiO,
Interest Litigation,his
this rul
rule
anding Rules.2000. viI) Ihe batteries(Management The MunicipalSolidRules. 1999. v) Ihe O
Wastes
and Handling)Rules,2001.(Managementan
party (person or NGO) can raic
aise or
Somewhatrelaxedand underPIL, any interestedand concerned at large.
e such issuesfor and on behalfof theaggrievedgroup ofpeopie Write short notes (Any Four): etc.
b) Define "Trade Effuent' under Water Act, 1974. 0.2:
a) Precautionary Principle in the
.sianary Prir field of = 20.
erSection 2 (k) ofthe Water Act, 1974 Trade Eftluent includesany iuund,gaseouso EnvironmentJurisprudence.
Soldsubstancewhichis dischargedfrom any premisesused iorsewage.
Cay dustry, operation A
Answer

or processortreatmentand disposalsystem,othertinan
i. ionaryPrinciple
Precautionary Principle means,
pollutersshould internalisethe costs of
ntamination'? rce, and pay Tor its eifects,
its source, their pollution,controiit a
) How differentiatethe word Pollution'from the word 'Contaminato
do you including
States or tuuregeneranonsto bear such costs.remedialor cleanupcosts, ratherthan forcingon
AnSwer: Contaminationmeans,impunityin any natural substancewhichnecdnot be always is one of the principiesoI the Rio
harmfulor dangerous,Whereas,aftercrossingcertainspecifiedprescnbed. raw, such annly this approachin oraerto protectDeclaration(Principle15) which mandates
contaminatiomcanbetermedas thepollution',whichmay causeoraceleralCunde Changesin the environmentas per their individual various Statesto
SuTOUndingsby furtherresultinginto some interferencewithhumanhe Orthe most industriali countriessubscribedthis principle. capabilities.hence
naturalfunctionsofthe ecosystemand therebycausesnuIsanec ii. its strongestformulationsthisprinc1plecan be seen to require a reversal of the nomal burden
d) Give types of damages available under the law of Torts in environmental cases. Droof,so thata potenlalactor would need to prove o
beforeit can be sanctioned
that aproposedactivitywould not cause harm
Answer:i) Damages(Nominal.Substantive,Exemplary).ii) Injuncions.
eWho is 'Occupier' under the Air (Prevention and Controlof Pollution)Act,19 It has been endorsedby Virtually all recent
Answer: Section2(m) ofthe Air (Preventionand Controlof Pollution)Act. I98=CCupierin asthe 1992 Maastricht Ireatyon Europeanenvironmental treaties,includingregionaltreaties
Union,the 1992 Paris Convention_onthe North sucC
relationtoanyfactoryor premises,means,thepersonwho hascontrolovertheattairsofthefactory Arlantic, the Helsinki Convention on the Baltic,and globalenvironmentaltreatiessuch asEast
orthepremises,meansthe personwho has controlovertheaffairsofthefactoryor the premises,and UNFCCC the Conventionon BiologicalDiversity,and the 1995 United Nations Agreementtne on
ncludes.in relationto anysubstance,the personin possessionof thesubstance. StraddlingFish Stocksand Highly MigratoryFish Stocks.
What is 'taxidermy' and what is 'trophy' with reference to Wildlife Act ? v. In thecontextof indianEnvironmentalLaw. thisprincipleisspecificallyreflectedin 1996, when the
Answer : With referencetothe Wild Life(Protection)Act.as per Section2(30),Taxidermy'means, Supreme Court of lndia deliveredthe decisionin VelloreCitizens' Case (KuldeepSingh Judge).
Curing.preparationor preservationor mountingof Trophies.Whereas,as per Section2 (51)of the Whereas, in 1999,the SupremeCourt traced the developmentand adoption of the precautionary
SaidAct Tlrophy means,the wholeor any partof any captiveanimalor wildanimalotherthan principlein IndianEnvironmentalLaw in the caseof AndhraPradeshPollutionControlBoard v's.
vermin,whichhas been keptor preservedby any meanswhetherartificialor naturaland includes Prof.M.V. Nayadu.
SpeCimensofSuchanimalmountedin wholeor in part(rugs.skins,antler.bone,carcase.shell,horm,
hair,feather, nail, tooth,tusk,musk,etc.)or even eggs,nests.honevcomb.etc.througha processof b) EnvironmentalImpact Assessment.
taxidermy Answer
g) What does 'Bar of Jurisdiction' under The Pollution Control Laws mean ? EnvironmentalImpact Assessment(ElA)is a technique which demands the objectivesof
Answer : Nocivilcourthavejurisdictiontoentertainanysuitorproceedingin respectof any matter environmentalconcemsto be takenintoaccountwheneversocialor economicdevelopmentalplans
which an AppellateAuthorityspeciallyconstitutedunder any EnvironmentalAct is empoweredby or areimplemented,andthus,ElA has tobeacceptedas apre-conditionineverydevelopmentproject
Under such Acttodetermine.Similarly.noinjunctionshallbegrantedby anycourtorotherauthority i helpsin examiningtheoptionsfor cho0singan environmentallyacceptablecourseof action
1inrespectof any actiontakenor to be takenin pursuanceof anypowerconferredby or under such 1ncludingsite selection,choiceoftechnologiesand processes,resourceconservation.etec.
Act
h) Why 5th June is celebrated as Environment Day ? Various laws havebeen enactedin differentcountriesall over the world,to make EIA essentialfor
the approvalof allthe new developmentprojects,
Answer: The first lnternationalConferenceon Human Environmentwas organised at Stockholm
from 5th 10 14th June, 1972,at the initiation of the United nations' Environmental Agency. TheInternationalFinanciallnstitutionshave alsointroducedthe developmentproiects, as a pre
Therefore,in thememoryof this event,Sth Juneis celebratedas EnvironmentDay. ThelnternationalFinancialInstitutionshave alsointroducedthe developmentof EIA
i)What is CRZ- III? requisitefor projectfunding. of India,by its Notificationin
ACCordingly,Ministry of Environmentand Forests, Government use tor finite natural
projects,for optimal
994 makes EIA_statutoryfor developmentof 29
 Author-Prof, PrakashK. Mok 215.
Tesourcesby using Cco-friendly technologiesandineorporationoISuitabieremedial
gives mea
details of Tming, avoidingtree-cutting
214
gIves detaies 3hopalGas Leak Tragedy, } destruction Author- Prof. Prakash K. Aokal
of mangroves.
formulation stage that
followinglawsand rulesin respect dki nciIdence,etc. They and 2) Man-caused,such as,
tO checkenvironmental degradation at theproject involvement besides time schedulelor ons at a very high
at and by takingdue care for the can be avoidedby striet
Disasters impart lessons
;
blic
Droccauresfor obtainingenvironmentalclearanceand cost of
knowledge generaion,then it is life
earning andd knowledge and purpose.
a very property -if
En ironinental lmpact Assessment Notification (1997) was issued by the Central Government Cis
decision-making procedure/workingof ElA. participation in deo
un
disasters. heavy cost tothose leSsonsdo not lead to
beardue to recurreneC of
Act. 1986,under
this,public
the progrese InIndia arth-quake in Gujarath(26th
ne authority of the Environment(Protection) important 1andnmark in of Scale struck Gujarath State with January,2001, an earth-quakeof
is made mandatory -this Notificationis an (SP
king Pollution Control Board SPCB) had than 20.000 people) its epicentrein Kutch.causing destruction 7.9 magnitudeO Richter
environmentallaw in India,becausepriorto 1991,ne atification.the powerhasbeengiven ISunami
oare,emphasishow crucialdisasterplanning waves destructing East-coast ofof threetowns and aeau
Hothingto do with theimpactassessment.However.by tni
certificatet
Ssessing the ment of India in recognition is to managerelief and India in 2005. etc.
nC B0ard to issuethe environmentalclearanceprescribedprocedureunderthe Notit+cation of the rehabilitation.
rOnmenial impactof the projectafterfollowing lif-styles, varying
nature conditionsat
O D various
committees/actiongroupsimportance
like
of disaster management
High Powered Committee(HPC) asaa1 nationalpriority.
unique problemsresultingin widelydivergent databaseexists daNational ommueeon DIsaster Management in
nas
difterentplacesand at differenttimes-alsono reliable
environmental intormauon
National Crisis anagementCommittec, (NCDM) after the Gujarath August. Earth-quake.
researchcentres.AS a resut, s presentfom
of a comprehensiveElA study and methodological ing recommendationson thne Inter-Ministerial Group, Task Force.
Dneeds and proceuut evcS, and hence
makins
preparationof DM Plans and for suggestingeffective etc. or
S irom several limitationsat conceptual, inadequate
echanism.
mitigation
enerally conducted with severe
limitations of time. unskilea nanpower cter ManagementInformationSvstem
reSources and insufficientor inaccuratedata,and hence,
becomES ESS CIective than
es for Sustainablelechnologiesand(DMIS) - was launchedby Society for Research ana
expected. pdabad. Gujarath-SRIST|1s trying toInstitutions (SRISTI) on 18th January.2002at
20
develop a database driven information
IIM
C) Environment Protection as covered under the Indian Penal
Code. Disaster ManagementAuthoritie DMA) in
variousStates. system iO
Answer
ian Ocean Tsunamiacied as the catalystand
Indian the Governmentof India took a definingstep in the
mischief-Chapter A OT Ihe lndian Penal oislativehistoryofthe countryby enacting Disaster
ne provSionsof Penal Code -public nuisanceand afiectingtne puDuenealh, safety,
ManagementAct, 2005.
Lodedeals with publicnuisance.It is undoubtedlyan offence are direCLuy connected with
e)RatlamMunicipalCase.
Conyenience,decency and morals, first wo ingredientsof
which
Answer
environmentaldegradation. Municipal CouncilRatlam v/s. Vardhichand& Others(RatlamMunicipality'sCase)AIR 1980SC
voJuntaniiyfouls water
Under Section 277 of the Indian Penal Code deems it an offence,if anyone used Such persons 1622-Beforethis importantCasC, courtshad decidedmany other casesb them,emphasiswas
O any public spring or reservoiras to renderit less fit for whichit is
ordinarily
fine upto KS. IU0U laid more on nuisancethan is polutingeffect -a positivestep towardsJudicialActivismin the
are punishedwithimprisonmentextendingupto6 monthsand/or noxIusto health. field of environment.
Secton 278of IPCalso includes relevantprovisionsformakingtheatmosphere
Section268 of IPC deals with an act_dealswith an act or omissioncausing common injury.damage This was a well-knownCriminalproccedingstarted,whichwas finallydecidedrecording some
important observations
orannoyance.
whichhe Thismatterwas startedat verybasielevel of localMagistrateas a punishableoffenceof publie
Section 269 provides-"whoever unlawfully or negligentlydoes any act whichis and nuisanceunderthe IndianPenal Codeand CriminalProcedureCodedue to dischargeof chemical
knowsor has reasonto believetobe,likelyto spread infection of any diseasedangerousto life,shall
be punishedwith imprisonment of either descriptionfor a term which mav extendto 6 months or eftluentscausingconsiderabledangertothehealthof the publicinthe vicinity,and endedafterlong
battleinthe Supreme Court.
with fine orboth".
Section 290 penalises_publicnuisance,includingcasesof pollution,not otherwiseprovided for. . Whiledecidingthe matterinfavourof thepublicin the vicinitv.KrishnaIverJ. madeit erystal
underSection 188 of IPC. clear,that the Authoritiescannotby-passthe provisionson any count,includingwant of funds.
and
Other provisionsincedently,includepenaltyagainst'mischief causingwater pollution,etc. reducing furthercompelledRatlamMunicipalityunder the provisionsof Section 123 of the MadhyaPradesh
the quality of thepropertyunder Section425 and 426 of PC. Municipalities Act. 1961,to _dischargeits responsibilities.In doingso Supreme Court has
Babu Lal v/s. Stateof Delhi,1982Cr.LJ,41 (Delhi).Motilalv/s. CentralBureauof Investigation. categoricallyinterpreted'right to life under Article21 of the Constitutionof India,as "ight to
protect the environmental
healthy and safelife" and for that purpose directed to conserveand Constitution.
AIR 2002 SC 1691.Tilok Bahadurv/s.Stateof ArunachalPradesh.1979CLLII404.et pollutionby specificallyrelyingon Articles, viz. 14, 19(6)and 21 of the
d) Disaster Emergency-Managementand Control. its segregation, packaging, transportation
and storage.
1) Bio-medical Waste and the provisions of
Answer:
Disastermeansan unexpectedcvent,such as,a very bad accident,alood,afire.etc.thatkilsor Answer:
Definition of Bi0-medicalwastes -means,any
waste whichis generated duringthe diagnosis,
affectsmassesof peopleorcausesconsiderabledamagetothe personsand propertyatlarge. animalsor inresearchactivitiespertaining thereto.
tis basicallyof two tvpes-1) NaturalDisasterintheformofnaturalcalamitylike flood,tsunami. Lreatmentor immunisation of humanbeingsor includingcategoriesmentionedin Schedule-I of
biologicalsand
carth-quake,etc.(which canbe onlycontrolledeitherin termsof frequencyof occurrencesor in Orin the production or testingof
(management and Handling)Rules,1998
terms of magnitudeby controllingor regulat1ingman-madeactivities,such as, controllingglobal the Bio-Medical Waste
 Author-Prof PrakashK. Moka liable individuallyfor such ischarge. 217.
216. notb Now Such Author- Prof. PrakashK.
Description of the rule 6of ihe same.
ution", is there:
there any remedy
available ? Can case, on the point of
such
Mokal
n such a case,
case, "combined eireet
such on (
the point of such you cite any case law for the
Q.3 Solvethefollowing(Any Two): =12 Answer
A.P. Pollution "combined of air pollution"in same.

thrilling experience of wildts.

Ra0 nerts was appointedControl Board & Ors. AIReffect
2007 (NOC) 1236 (A.P) the case o N.f
a) Mr. X entered in the
sanctuary alongwith his friends
to enjoy the life Meaand by applyingthe eiteCcive by the Court to (DB),a ea
in the forest a na any dangerous veapons wvits monitor health conditions of thepcople
n the forest and to stay there for two days. He was not car
Some hooks, ropes and traps for catching
the wild animais.He nas taken
some industrics
different1ndustrieslo proportionate implementation
to propouonately_Share of peop livingin the
'polluterpays'principle.Court ordercd
from theg nests of some birds in the
but then kept them
back furtherto implemenUstrictlytheir all_the expenses bore by the Committee of ne
eggs just out of curiosity
sanetuary exp he basis of ihis
in the
respective nests: ? For
arca. Onthei recommendations
landmarKJudgment.Suchissue can be for controlof such air pollution meaica
in
1) While entering : in such
sanctuary whose permission Mr.
X should have
obiaincd
what of youngsters organized resolved effectively.
purposes such permission Navaratri Dandiya Ras
can be granted by such
Authority c)A enerators, 1oudspeakers, music systems, public address
programme in the open place in the
SerUnder Section 28 of the Wild Life ProtectionAct,1972,the ChierwidLE Wardenmay curom the systems made it impossible systems were fitted. Bursting
residein a sanctuary iordilOr any ofithe for the residents
any person a permit to enter or 2)
from the surrounding
neighbourng
Oes VZ. 1) investigation/study of wildlife and purposes ancillary Or neunal thereto,
hat are the restrictions use of loudspeakerunder the
on

POLOgraphy.3) Scientificresearch,4) tourism,5) transactionof lawiulDu ny Derson 1 or Under Rule 5 of the Noise Pollution Rules for Noise pollution control in
residingin the sanctuary (Regulation India?
anment ProtectionAct, 1986,such systems and Control) Rules 2000 under the
case of
any complaint or prosecution.can Mr. X take a defence
that, nis
ntenuo was harmless Environm
cannotbe used withoutprior written_pemmisSIO
weapon as
contemplated under the the authority,and even in that case. use of
carrying
ricted duringnight hours 1.e. between 10 pm. to 6 such
ustto enjoy the wildlife, and that, he was not any system in open publicplaces is strict
WIIa Lile Act and also not damaged the eggs of the birds but as a matter
01 act,
arter satistying his am. As a specialpermission,State Government
Cunosity Kept them back in the respective nests, and hence, not liable for any punishment ? Justify may giverelaxationn theabove ruleand may allow use ofsuch systemduring
12 midnighi on or auringany cultural or religious festive_occasion_of nighthours (10 pm. to
your answer.
a limited duration_not
Answer:No. Such defenceofMr. Xcannotbe acceptedas-initiallyhehasnotoblaijnedanysuch exceeding15 days in all duringacalendaryear.
What does night mean urnder the said Rules, and when, and where the complaint be made by the
permissionas statedhereinabove-moreover,underSection2(35).thehookSIesrapsctc.are in the adOve case'?
Ialing withinthe definitionof weaponand carryingany such weaponswIthoutpernmissionis itselfan residents

offenceunderSection31 oftheAct-similarly,underSection2(16)of theAcLdisturbinghe eggs Answer UnderLne sala KuIesas statedhereinabove,nightin general coursemeans,night hours
or nestsof the birdsamountsto 'hunting'iselfwhichis strictlyprohibitedand made punishable between10 pm. to 6 am. Whereas,in caseof specialpermission.State Governmentmay give
offenceunderSection 9, readwithSection51 and 56 ofthis Act. relaxationin tne aboveruleand may allow use of such system duringnighthours(10 pm. to 12
b) Some industrial plants/factories are daily dischargingtons of garbage, untreated efluents and midnight)on orduringany culturalorreligiousfestiveoccasion.
lot of toxic gases from their respective plants. One
Whereas,in the above case. the complaintmay be made_by the residentsunder Rule 7 to the
residentialflat owner's society named
of the constitutedAuthorityundertheserulesandspecificallyunderthe Rule 2 () whichmeans,and
Malhar Co-op. Hsg. Society Ltd. situates near the said plants. Various
residents said
society, even the other persons in the vicinity of the said plants are sufferingfrom various includes,any authorityor officerauthorisedby CentralGovermmentor StateGovemmentand
respiratory diseases and continuous health problems due to such discharge from the said plants.
includesa DistrictMagistratePoliceCommissioneror anyotheroficernotbelowthe rank of Dept
Said industrial plants are not even bothering to hear the say of these residents and to stop the Superintendentof Policedesignatedformaintenanceoftheambientairqualitystandardsin respectof
above activity and/or to relocate their plants in the industrial zone:
noiseunderany law in force.
i) If the residents of the said society want to take action specifically under the Air or Water Pollution Q.4:Answerthe following(AnyFour): 48.
Acts, then what recourse or procedure, they are required to follow ? Is there any alternative legal
a) Explain that how the 'Bhopal Gas Tragedy, influenced the development
of environmental law
remedy available for them ? Explain.
in India, and also discuss about the principle of Absolute Liability
used by the indian Judiciary
Answer : Under the Air and the Water Act,due to Bar of Limitation'and proViSionsregarding in this context.
cognisanceof offences-no aggrievedpartycan directlyapproachto any civilor criminalcourtof Answer
law for stoppingthis nuisance-therefore.if the residentsof thesaidsocietywantto take action had oceurred - what was the harmful
specificallyunderthe Air or WaterPollutionActs,then first,they shouldcomplainto the State Discussion of the actual event with details,suchas., how,when
Pollution ControlBoardconstitutedundertheseActs,and ifno furthereffectiveaction is initiatedby effect action initiated by Governmentof India,etc.
it, then thensuchresidentscan serve60 dayspriornoticein the prescribedmannerof the alleged its limitations,and hence.ineffectivenaturein such
raditional doctrineof 'strietliability'- explain emplovee working in the pesticide factory
offenceandintentionof theresidentsto suchBoardbeforeinitiatingany complaintin theregular Cases- Looking to the defence takenas "a disgruntled
escape of the gas" by the Union
Courtof law. Subsidiary, may have triggered the
under the 'sabotage theory (act
Indian
OWncd by the Carbide's
Casethenpending beforethe court.
i) If it is proved that, as far as effect of Air Pollution on the public is concerned, there is the
'combined effect of such air pollution of all the plants together, but individually, each plant is Carbide in th Bhopal Gs Disaster under doctrine of strict liability company was in
of the acceptable defence strict lhability 1e Absolute
discharging the said air pollutant within the prescribed limits allowed for the same, and hence, may O Srd party) as one
liability- Hence, a standard stricterthan
POSILiOn rom escaping its
 Author-Proj, PrakashK
218. FlL of Shrira
Moka s. Kamal Nan
AIR 2000 SC 1997 219
Author-Prof. Prakash K. Mokal
Bhagwatiwhiledecid1ngthe SC1948,ctc) Litigationi.e. M.C.
ed by thelhen ChiefJustice
keepimgthe lactin Mchta v/s.Union. IndiaAIR 2001
of
Leak Case M
1onof India AIR 1987SC 965,1086) byiasLeak, which would
Lhat suchdecisionwouldalsointlueneethethen pendingcaseChiel
D e Thave e)What is the procedure to be
tollowed by the Board for taking
Ju caSC nort? What
their report?
What tho
are the
powers samples of effluents and
cL Creachingeflfcts on environmental laws. Hence, under the Olu doctrine_of s the Water (Prevention& Control availableto such Board for making
Shriram CGas leak Casc,
rCICcled the_applicability
rejectedthe of
applicability_o1 exceptions
nalhead,implementegthe Absol Stric under
of
Pollution) Act, 1974? enabling the said funetions

Labilityacceptedby English Courtsand by puttinga furthersIeps lute Answer

LIabilhty Principleinitiallycoinedby the AmericanJurists.

then penaingDnopalGas Lealak
ns 21 and
See Sections2l and 20, 22, 23,
- 23
cte. underthe Water(Preventionand
a, this theorywas made applicable by the Courtin theentepriscs to be 'unqu Control of Pollution)ACl
Case beforethem,in which, JusticeScth describedthe liabilityof questionable 1974
by completelyrejectingthe said plea of the Coipany- ihat is Town Planning and how it
influences the environmentalissues in
Meanwhile, during pendencyof the said case,Ciovernment of Indiahas enacted TheThe Environmen the country
Supreme Court. Judgmentin Answer
Totection Actof 1986andshortlyaftertheBhopalGas Tragedyand the ity is
or city is aaplace of urban living. Urban
a pl
CCSCS OI Shriram Gas Leak Case,the Amendmentof 19871m the Facto waS passed Town
an buildsfor himsclt for his own means, an environmentin which naturalsurrounanes
ntroducingthespccial_provisionsregardnghazardousindustrialactivleS by Cenlral
for aee beconmesurban it it has more than living,workingand recreation.As per censusof
werealso Iramed
HazardouS substancesand manutactureand storage of chemicals 5000 ndia,a
Governmentin 1988and 1989 under EPA, 1986. rsonsper sq. km.and when minimum 7S%%population and that too with density of
of the total populationis involvedin more than T
However,soonafterthisdecision,the thenChiefJusticeofthe SupremeCourtOLhda,Rangnalh activitiesfor its livenhoou-n independentIndia,the word city is, non-agricultural
havingthe teatureof township. therefore. meansan urban arca
MISTA questionedtheapplicationof theAbsoluteLiabilityTheoryin a KeviCwreituOn filed by
Ompany n theBhopalCase.In the opinionof ChiefJusticc,wlhatwas Sd aboutne ueparturefrom Planningmcans.pre-thinkingand pre-arrangingthingsbeforean eventtakes placeso as to
tne"Rylandsvis.Fletcher"Rule by thethen ChiefJusticeBhagwati,was essentiallyobiterdicta,and siredresults.For the purposeof any successfulactivityat achievethe
nence,not lo be takenas the judicialprecedent.JusticeVenkatachalialh(Speakingfor JusticeK.N any levels,planningis essential,
Justice N.D.Ojha and himselninthemain judgmentinthe Bhopalreviewalsocastdoubton Explain historicaltraces in pre-1ndependencestagesand also cxplainits developmentin
the'unquestionablenature'underAbsoluteLiabilityThcory. India.
independent
D) Model Town Planning Act in 1957and State-wiseacceptabilityand
Discuss about salient features of the Environment (Protection)Act, 1986, and also illustratethe
Maharashtra Town PlanningAct,1966 implementation .
points of its criticismn.
Answer Accordingto existingtOwn planninglegislationsand land aws, the main objectives are summarised
Give schemeof the Actand how it is more effectivethan Air and Water Acts-penalprovisions-first as health,convenienceand beauty.Whereas,themain principlesare as follows
timeoffender,repetitionof theact, quantum of the punishment,etc,-alsoillustratethe pointsof its 1. Should not be haphazardmethod in planningprocess
Criicism.Such as, how it is a paper tiger -ineffectiveapplicationof therule locusstandi,Section19. .2. Housingaccommodationsto variousclassesof people in the city areas by avoiding formationof
B.24 (2), etc. slums:
c) Discuss about Stockholm Declaration and its
impact on the EnvironmentalLaw in India. 3.Civic amenitiesikeshoppingcentres,dispensaries.schools.publicgardens,etc.shouldbe provided
Answer: tothe citizens;
Give detailsof the StockholmDeclaration - venue,time, participants,goal/motive,
descriptionof the actual principles-andits impacton the Environmentallaw etc. and brief 4.Supply adequateopenspacesandreserveplotsfor futureexpansionofthe city:
i- Wild LifeProtection Act, 1972,Water Act, 1974.and Air Act. 1981,ete. inareIndia--like justafter 5. Publicandsemi-publicbuildingsand transportshouldbe groupedanddistributedthroughoutthe
of these principleson such Acts, etc. enacted-influence tOWn,

d) Discuss about the exploration of 6.The zoningregulationsshouldbe strictlyfollowed:

'Right to Life' by the Indian Judiciary in Environmental
Cases. 1. The unplannedgrowth of townshouldbe eontrolledand environmentalprotectionshouldbe
Answer providedinthe townshipbythe provisionof greenbeltall-roundthecityskirtingand evenoninternal
Ratlam MunicipalityCaseand such othercaselawS-Supreme, TOads.
categorically interpreted'rightto life' under Article21 as "rightas well as, variousHigh Courtshave
purpose, directed to conserveand protect the environmentalto healthyand safelife" and for that
Articles,viz. 14, 19 (6) and 21 of the pollutionby specifically [13
-(see someother caselawsalso like relying
on
Mukti SangharshSamiti v/s. State of Constitution, - Chhetriya
U.P. AIR 1990SC 2060, Subhash Kumar v/s. Stateof Bihar, INovember, 2010 (24.11.10)
AIR 1991 SC 420. D.D. Vyas v/s. Ghaziabad
Development AuthorityAIR 1993 Al. 57, M.C. Mehta
 Author-Prof,Prakash KI lokal - Sch eme 221.
220. Ans
Answer
EcO-mark
introduced
r so. have benidentitied
Author-Prof. PrakashK. Mokal
to label consumer
With Solutions products products that are ccoiu
-0bjectsbelhind it and the significance
llution ControlAreas as declared of roductshaving it.
the prodt
Air under the Air Act.
20. inswer;Air Act Section19 (1).
.1: Answerthe followingJnot more thanTwosentences Sustainable Development.
a) What is Environment Impact Assessment ? . Developmentthat meetsthe
Answer: Developm
AProposed project needs of the present without
Swer AssessmentOpOssible impact_(positive and negative)_o on
mining, river,valley enerationto meet tnelr needs inter
fulure gen
_generational compromisingthe
equity,
the abilityof the
through evaluation; eventualpollution, PrecautionaryPrinciple.Polluter use and conservation
DUSCand
O1 e
Cnvironment;a tool to ensuresustainabledevelopment ources,

PolluterPays Principle,obligationto assst

themalpowerplants,cte. Environment Protection
Act. esnerate,eradicatepoverty,
andcooj financialassistanceto developingcountries.
asistan

to give directions under Section 5 of the under Wildi Protectian

Anc er the EnvironmentProrecio UOVernmenm Hunting

Wild1
SVer :Powertogive directionsunder Section 5orofregulation ifeProtectionAct
D Under

recions in writingfor closure. prohibition, of anyinausiuyDOppagE OIpower Lnswer:

-prohibitions/restrictionson hunting.
Supplyor water,ctc. Solvethefollowing(Any Two): =12
C) Define "Trophy" as defined under the Wildlife ProtectionAet. .3:
OTany part of any Cottons Ltd. is a Limited Company in a populated town of
ASWerScction 2 (31) of the WildlifeProtectionAct Trophymeans WDOIC
naon The residents made
Bulgaon.
laint to the State Board that the industry was emitting toxie gases, particulate matter and
a complait
Captiveanimalorwildanimalotherthana vermin..
d) Define 'Air Pollutant' as defined under the Air Act. dark!
Smoke there endangeringtheir lives.
osepresent in ihe a Does the industry require any consent from the Pollution Control Board ? Explain.
AnSwer : Air pollutionmeans,anysolid,liquidor gaseoussubstance(mCluaing
human DeingSOr otherlivine we:Yes, theindustryneeds consentfrom the Boardunder Section21-Explain.
amospherein such concentrationas may be or tend to be injuriousto Answe
Briefly discussthe procedurefor sampling under the Air Act.
Creaturesor plantsor propertyorenvironment. i)
e) What is Bio-Medical Waste ? Answer:Procedurefor samplesunder Section26.
AnSwer : Bio-medicalwastegeneratedduring diagnosis,treatmentor mmunizatiOn
OI humansor Huge quantities of Hazardeous Wastes are generated by various industries. Repeated exposure
animalsor in research.... b)
9 Who is an Occupier' under the Hazardous Waste Rules ? to such wastes could have irreversible effects on nervous systems particularly in children.
Answer:Rule 3 (q) H.W. Rules-"Anoccupierinrelationto factoryor premises,a personwho has
lndustries can reduce hazardous wastes production by controlling materials used in
manufacturing process. Before purchase, production materials can be checked for hazardous
ControlovertheaffairS of the factoryorthe personwho isin possessionofihehazardouswaste" constituents and whether a non-hazardous substance is available.
g) Under Water Act, who can take cognizance of offence and how
Which is the Legislation which could be made applicable to the industries which are generating
Answer:UnderSection 49 ofthe Water Act-NoCourtshalltakecognizanceofany offenceexcept
n
hazardous Waste ? Which Wastes are not covered under this Legislation?
onacomplaintmadebytheBoardor any person(60 days'noticetoBoard).
h) What is Global Warming ? Answer:HazardousWaste Rules- Not applicableto wastescovered_underAir Act, Water Ac
Answer Due to pollution,increasedlevelsof carbondioxideand other green-hOusegasescause Merchant ShippingAct.
of such hazardous wastes?
heatingup theearth'ssurface. ii) What are the provisions regarding import
i) Explain "Protection of Action taken in good faith",underthe Air Act. Answer:mport not permittedexceptfor processingorre-useas rawmaterial
Answer:Air Act Section42-Nosuit.prosecutionorlegalproceedingcan be filed against c) Upon complaint
reached from an NGO about hazardous industry poluting
the environment,
Govemmentor Boardfor actionsdoneingood faithinpursuanceoftheAcL
Environment TribunalAct, 1995.
the Central Governnent empowered
an officer to carry out necessary investigations.
whole
j)What is the object behind the National Protection Act ? Is the Act applicable to
What does "Handling" mean, under the Environment
i)
Answer:NETA object -PrincipleofStrictCivil Liabilivinaccidentsarisingfromhazardouswaste of India?
activities. (d).E.P.Actis applicable
Answer:HandlingunderSection2under
to thewhole ofIndia,
the Environment Protection Act.
Q.2: Writeshortnoteson thefollowing:[AnyFourl:_ 20. i) Explain 'offences by Companies'
Answer:Offencesby CompaniesunderSection l6 of
theE.P. Act,
a) Noise Pollution Rules. 48.
Answer Provisionson restrictionson loud speakers,etc.. definitions,categories,complaintto Q.4:Answerthe following(Any Four):_ the
to protect and improve
authority.ete. the Powers of Central Government
to take measures

b) Stockholm Conference. a) Discuss

Environment.
Answer: StockholmConference.1972-UNConferenceat Stockholmon Human Environment,
India participated-IndiraGandhiattended-mentionafew importantProclamations,26 principles Answer:
Under Section3 ofthe E.P.Act,1986. Law constitutions
Provisions
laid down. in the world having special
c) Eco-mark. DThe Indian Constitution is ofthe one

Conservations" - Discuss.
for Environmental

Answer
 Author-Prof PrakashK. Mokal the mitation period un 223.
222. State under the Author- Prof. Prakash K. Mokal
National Environment
Under Articles48-A, 51 (A)(g).32,226 and 21.,elc. L*
application.

Tribunal Act for Tng an

ne provisions for Environment Protection under General AnSwer:YearsIromthe date of
P
Answer accident,
General Laws-LP.C. Torts,etc. Writeshortnoteson the followisIg{Any
d) Discuss different Penal Provisions under the Water Ac, 1974.
02
Four):
Answer:Under Sections41 to S0.
a) Poweri
oive Directions under Section 18 of the 20.
)Give the classifications which are the activities declaro Water Act.
Regulation Zone and
Answer
of Coastal ction 18 of the Water
'Prohibited'und
"Prohibited'under the Regulations.
Secti
Act, Directionsin
Answer:CRZ classifications-4zones-prolhibitedacuy brict. UnuGovernmentand StateBoard writing-CentralBoardbound by
is bound by the by the Directionsof
Discuss "Public Interest
Litigation"as
ratectionof Environment.
for ther
an instrument b)
Sustainable Development. Directionsof StateGovernmen
nSwer
Answer: PL-meaning-Judicialactivism-Locusstandi-CaseLa able Development is a
with the needs ot theDevelopment
Sustain
that meets
future generationsto meet the necds of the present WIthout
ing
compr
Bio-Medical Waste Rules. their own needs.
[14] Answer:
April, 2011 (26.4.11)] tios Occupier Duty of
Defini Occupier Segregation,packaging,
authorisatiOn.. transportalion.stolag
Hazardous Waste Rules.
d)
With Solutions AnCwer: Definitio1n-Occupier-Duty of Occupier-Segregation,packaging,
-Power
Authorization Banon import. transportation,storage
.1:Answer thefollowingInot more than Twosentences|: 20. )
of Entry and Inspection under the Air Act.
a) What does 'Act' under the Hazardous Wastes Rules mean? Answer:

Answer:Act means.the EnvironmentalProtectionAct 1986. Section24-Powerof Eniryand Inspection.

o Cognizance of Ottence under the Environment Protection Act.
DGive the definition of UncuredTrophy' given under the Wild Life Protection
as Act.

AnSerhe wholeorany partof any captiveanimalor wild animalorherthan vermin,whichha_ Answer

Section19-No Courtcan take cognizanceexcepton acomplaintmadeby
notundergonea processof taxidermy. CentralGovernmentor
c) Which International Conference led to the enacting of the Air ACt : by any person,after OVinga notice of 60 daysto the Board of its intentionto make a complaint.
Answer:StockholmConference.
)When a complaintbe made to the Authority,under the Noise Pollution Rules?
can Q.3:Solvethefollowing(Any Two): = 12.
Answer iA complaintcan be madetotheAuthoritywhennoiselevelexceedsthe ambientnoise
standardsby 10 db (A) or more.
a) Deonar has been officially substantiated as a virtual gas chamber. Respiratory morbidity in the
area is higher than what is secn in any other region in Mumbai. Residents from the area had
e)Under the Air Act, what does 'Protection of action taken in good faith' mean?
complained of a range of ailments. A clinical check-up that was condueted, revealed that 12.7%
AnSwer No suit, prosecutionof legal proceedingagainstGovernmentor Boards,etc.in respectto of the population has productive cough and 11.8% reported sudden uncontrolled attacks of
anythingdonein good faithin pursuanceof the Act
Under Section 33 A of the Water Act, what directionscan be given ? exertion breathlessness.Regular burningof garbage and the dangerous smoke
affected residents, as the wind carries the foul smoke in all directions.
emerging has
Answer: Directionsin writing,such as, closure,prohibitionor regulationof the industry,operation i) Is there any remedy av ailable under the Code of Criminal Procedure. 1973, to redress the grievances
or process/stoppageof supplyof electricity.water,cte. of the residents ?
g) Under Section 24 of the Water Act, give two instanes where a
person shall not be guilty of
offence?
an
Answer:Yes,underSection133 of Cr P.C.
i) Explain Offences by Company' under the Air Act.
Answer: Refer Section 24 in this Book.
h) Which is the Constitutional provision dealing with environment Answer:Section49-Exceptions-when notliableunderthisSection.
Two-Fold' provision ? Why?
protection which is called the
mauled
b) ln a sanctuary, a tiger attacked at Dharma Khandalpurkar, a boy of 19 years. The tiger
Answer:42 Amendmentto the ConstitutionofIndia which incorporatedArticle42 and 51 A(g). him, causing serious injuries in his right eye, head and ear. The question is, as to what the boy

Responsibilityof the State and thecitizensfor protectionof environment. Was doing in the Sanetuary. Also, hundreds of villagers sneak
in everyday with weapons, cause
i) U/S. 22 A of the Air Act, the Board is
empowered to make application to which courts, for This indeed is a matter of concern and should be
ire, use explosives to scare the animals, etc.
restraining air pollution ?
taken note of by the authorities.
Answer Applicationto a Court not inferiorto that of a Metropolitan 1) Under the Wild Life Protection Act, is there any
restrietion to causing fire in a Sanctuary ? Explain.
MagistrateFirstClass Magistrateor Judicial
Answer:Section30-restrictionsoncausingfire.
 Prakash K. 225.
224
Author-Prof,
Explain.
Moka 1:Answer followingnot morethanTwoSentences:_ Author- Prof. PrakashK. Mokal
i) What is the
provision for entry into a Sanctuary with wp weaponsexceptwithpermis Whatdoes of Jurisdiction'und
Answer:Section31 -prohibitionon entryinto aSanctuary wlu. ission the of Jurisdiction"No the Air Act mean 20.
Chief Wild LifeWarden.
nrOcecding n respect
respect of civil court shall have
ot any mater which
anv

c) A glucos
licence granted
locality under theash irom the boilerof.
bu
underthis
thisAct to dete an Appellate jurisdictionto entertain any sut or
Tactory was installed in a residential
Smoke and i the
DOwered by or under Act to determine, Authority constitutedunder this
and no jurisdiction
otherauthoy n respectof
appropriateauthority,which seemed to be a strange thing. any
ot any ACt 1S
factory resulting in
a
deleterious
effect on the action taken in pursuanceof shall be granted by any court
caused a great deal of
atmospherie pollution factory was being run around Act any power conferred or
by or under ns
residents of the locality in general. It was alsocontended that tne le 2.Under the Water Act, what does "Protectionof Action
the clock, and
hence, causing booming sound of the boiler Protectionof Actiontaken in Good
r: Pr taken in Good Faith'
As per the Noise Pollution Rules, what does Day' and Night connoc an from 10 ADShe
ainst theGovernmentor
Board Faith : "No suit or other legalmean ?
er Daytme shallmean from 6 a.m.to 10 p.m.and Night imE Sa p.m. to 6
in pursuance of the Act"
in respect of anythingwhichis in good proceedingshall lie
a.. done article' as
faith done or intende
nded to be
Define
'animal
given under the Wild Life
Name the various Areas/Zonesas categorised by Noise Pollution Rules.
is What
SiienceZone' ? 1, pet. animal article means., an Protection
erFour Commercial,
Areas-Industrial, and
Residential, SICnICe
Silence. z m around Answer
article made from any captiveAct.
udes an articleor
hospitals,educationalinstitutions,courts..
vermin.,and include
object in which the whole or ansanimal or wild animal,other than
and ivoryimportedinto Indiaand an article any
SSection25 of the Wat made therefrom. part of such animalhas been
Q.4:Answerthe following[Any Fourl: 48. 4 Under
Section Water Act, the consent of the
State Board is deemed to
the expiry of what
period, after making have been given
a) Enumerate the Powers of the Central Government to take measures to protect and improve the on
application?
AnCwer :On theexpiry OI FOurmonuhsaftermakingan
environment under the Environment Protection Act.
State Amendment indicated for
Constitution
the application.
Answer 5.
42nd EnvironmentProtection.
Section 3 of the E.P.Act, 1986. Answer : Amendment,
Article48 and 51- (
b) Discuss the Constitutional provisions with respect to environment Who is *occupier per
an as the Environment ProtectionAct ?
prorec Answer:"A person wno has control the affairs of the
Answer:
42 Amendment -Article21,48 A. 51 A(g),32and 226...
relation to any substance.the personover
in possession of the
factory or other premises,and includes,
7 Explain the provisi0ns of "Revision' as per the Water Act. substance.
CPublic Interest Litigation has assumed greater significance in the field of environment
pollution'". - Explain this statement in the light of decided Cases. AnswerThepowerOI ReVisionmay be exercised by the State Governmentof
applicationmade. It may call tor the recordsof thecase, satisfving its own or on an
Answer itselfof thelegalityof theorder of
Meaning- Scope -Locus Standi-Article32 and 226 Writ -Case Laws, theBoardand the Statemay pass such ordersas it may deem fit.
d Explain the provisions for regulating Hunting of Wild Animals, under the Wild Life Protection 8. State the object of National Environment Tribunal Act.
Act. Answer:i) To providedamagesfor accidentsarisingout of any accidentwhile handling
Answer Substances.ii) Establishimentof Tribunals.etc. hazardous
9. What does the definition of "Board' under the Air Act mean?
HuntingDefinition-Prohibition
under Section9 When permitted(S. I1)-Grantof permit.
e) Discuss in detail the salient features of Environment Protection Act. Answer: Board'means,the CentralBoard or State Board.
Answer: 10.How is authorisation' defined under the Hazardous Waste Rules?
Legislation-Small_Act with only 26 Sections -Obiectof the Act- Occupier -Powersof the Answer:Authorisationmeans.permissionfor generation,handling,reception,treatment,transport,
Central Government to take measuresPowerof entry,inspection,sampling,analysis,penal storage,recycling....disposalofhazardouswastes.
provisions.
1)What are the restrictions on new outlets and new discharges under S. 25 of the Water Act? Q.2:Writeshortnotesonthefollowing(AnyFour): = 20.
Answer a) Environment Impact Assessment.
Sec Section25 of the Act.
Answer
Toevaluate the changesin environmentor eifecton environmentwhichmay resultfrom proposed
projectssuchas adam,factory.powerstation,etc.--AssessmentdonebyImpactAssessmentAgency
[15] - Public hearing.
November, 2011 (28.11.11) b) Eco-labellingScheme.
Answer:
Chemehas beenintroducedto labelconsumerproductsthat are environmentfriendly,Itis indicated
With Solutions AS Eco-Mark'-Introducedbythe Ministryof Environmentand Forest-Objectsof Eco-labelling.
) Noise Pollution Rules.
Answer
 Author-Prof, Prakash K. Mat State any three
regulated activities as 227
226. r: Regulatedactivities-aany three.per Regulationr-Prof. PrakashK.Mokal
Areas/ i) e Coasta

NOise PollutionRules definesan Act, EducationalInstitution, Hospital,

ctc.-Classifies
etc.Complaintsto Zones, Zones Notification
- Gives differentambient air standards, Restrictions dav and night. 04:Answer Any Four:
authority.The Schedulegivesthe differentnoiselimitstor
aottences by Company' under the EnvironmentProtectionAc ouss the penal provisions under the Water
Act.
48.
Answer: of and Was
directly in charge
Answer

Every perSon who at the time_ofthe offence committed, was to48 underthe WaterA
Sections 4 the
Seoes
responsibleto the Companyfor the conductof thebuSinesso ihout
withor his knowledgeor that b
does the
b) How features of the
Environment Protection Act seek to protect the
Exception:If such personprovesthatthe offencewas commiutcu lient EnvironmentProtection Aet. environment ? Highlight the
exercised all due diligenceto preventitL
e) Hunting' as the Wild Life Protection Act. AnS Stockholm obligation -Various
definitions-Powers of the Central
ObjectStockho

Answer :£ give_di
power to give directions,enty and
Detinition of hunting- Prohibitionson hunting When huntingis permitte any and GovernmentDepartment,inspection,sample,etc. Penal provisions,Government
1) Power to declare Air Pollution Control Areas under the Air ACt.
Judicial Activism ? Is it at itsProtection of action,Cognizanceof offences.Offences by
best in environment
Answer pollution cases ? Discus.
Gazette. Answer
aeuoVemment after consultation with the State Boardand Notificationin ne oeal velopment in field OI environmentallaw is more through
Deve
Can declare,can alter (extension/reduction),can declarea new one bymergmgeasg OCS Sugeest Ihudicialactivism is Ine inianvetaken bya Judge to impactjudicialactivismthan legislation=
justicewhere statutorylaw is not
approved fucls,appliances,etC gh to meet all the challengesarisen in thesociety,
etc.-Discusswith
= 12. d) Enumerate the functions of the Central Board under the Water Act. case laws.
Q.3 Solvethe following(Any Two):
AnSwer
a) A mid growing concerns over straying away of tigers from the Ranthambore Sanctuary,
concern and directed striet Section16of the Act.
Rajasthan, the Chief Minister visited it and showed great e Explain the provisions of the power to take samples of the air or emission and the procedure
implementation of the laws. to be followed by a State Board under the Air Act.
the persons who can enter into the
27 Wild Life Protection Act, who are
1)Under Section of the Answer:
sanctuary? Section26 of the Act.
Warden
Answer A publicservanton duty- A personwhohas been permittedby the ChietWildLife a Critically examine the protection of the environment with respect to the provisionsunder the
toreside in the sanctuary,etc. who is authorised to grant permit and for what
Indian Penal Code.
1) Under Section 28 of the Wild Life Protection Act,
AnSWer£
purpose PC Sections-268,269,277.278,292, 433.435and 436.
Answer: The Chief Wild Life Wardenis authorisedto grantpermitforthe purposeof photography.
research,tourism.etc.
b) A report of the High Court Commissioners accuses big hospitals of flouting norms of disposing [16]
Bio-Medical Wastes and carelessly dumping used syringes, blood soaked dressings, vials of
untreated urine and blood. Bio-Medical Wastes were found lying open in the hospital premises.
Wastes Rules?
May, 2012 (10.5.12)1_
i) What are the provisions of segregation,packaging and storage under Bio-Medical

Answer : Segregation.packaging, storageof bio-medicalwaste -shall not be mixed with other

With Solutions
wastes-shall besegregated intocontainers/bagsat the pointof generationand shallbe labelled- No = 20.
untreatedwasteshallbe keptbeyond48 hours.
ii) Who has to apply for grant of authorisation
under Bio-Medical Wastes Rules?
0.1:AnswerthefollowingInotmorethan Two sentencesl:
Answer : Everyoccupier of an institution providingtreatment/servicesto 1000pauents per month a) Give a brief note on Central
Water Laboratory. by
has to apply for grant of Authorisation. Laboratory established/recognised by the Central Govemment
relating to
AnSWer : Cen1ral_ Water CentralBoard, makerules
serious environmental degradation. On the other Official Gazette/in consultation with the
c) Shrimp farms along the coast were causing notilication in the
hand, Shrimp farming was a major foreign exchange earner. However, such shrimp culture fines/procedures,etc.
industrics in the coastal zone are a matter of concern ad serious impairment would be caused
) How is 'Board' defined under
the Air Act?
to ecology. AnSwer: Boardmeans, Centralor StateBoard.
Waste Rules?
of the coastal regulation zones under the Coastal Regulation Zones under Bio-Medical
i) State the classifications What does 'Act' nean
1980.
Notification. Explain each of them in short. Environmental ProtectionAct.
nSwer :Acr means.
Answer: Classificationof CRZ-CRZLlI I, IV:explaineach onein short.
 Author-Prof,PrakashK,Mok Hunting of WildLife' under the Wild Lif 229.
a) Under the Air Act, the
228. Protection Act.uthor-Prof.Prakash K. Mokal
application to " ining Swer

unt explain-
Board can make
causingpollution? to Metronol. on 21 ofRestrictions
the Air Act,and prohibitionsunder the Act. etc.
ASver: UnderSection22A ofthe Air Act,theBoardcan makean application
9 der Section
power to impose restrictionon the
Magistrate's or JudicialMagistrate'scourt of the First Clas Answer

use of
industrial plants.
C Explain "EducationalInstitution'as defined under NoiSe pose restriction on the
rou Powernt of
consent'graniofrrefusalof consent
use of industrial
Answer: "EducationalInstitutions"means, schools,colleges,university,prolessional;
nng institutes..Also includenot only buildings,but also gro .. EducatiOncanbe
academies, conditions,if consentplants-Applicationto the State Board 1or
granted,etc.
moral and physical.
ental, Solvethefollowing(Any Two):
0.3:Solvet

what is Cognizance of Offences" under the Environmental Protecthon Act the media reported how
medical waste from =12
Answer : No courtcan take cognizanceexcepton acomplaintbythe enur oenment
intention.
ora A Wgency for collection hazardous materials has
collectior
ageney for a
hospital ended up on a city
davs,of hisi
person who has given a noticeto the CentralGovernment ofnot less than60 the
nodal
les nearly the entire revealed that, the footpath,
gWhat is the aim/objectof Forest Act?
osal pervades
hospital system, seriously problem of improper
from the city'ss streets and citizens. compromising to keep infections
ASwer:An Acttoconsolidatethelawrelatingtoforests,ihetransitofforecs-prouceandheduty
leviableon
away
i) Under the -Medical Waste Rules, explain the
h
timber and otherforest-produce.
What does "Accident' mean under the National Environment Tribunal Act ?
Medical Waste. provisions dealing with handling of Bio-
M UnderBMW BMW
Answer:Under Rules.proVISIOndealingwithhandlingof
ASwer:Accident'means,an accidentinvolvingafortuitousorsuddenorunintendedoccurrence and storage cxplaineach in brief.
nckaging,transportati bio-medicalwaste-segregation.
Wnie handlingany hazardoussubstanceresultingin continuousorintermitientorrepeatedexp0sure
dea o, Or injuryto, any personordamageto any propertyor environnmentbuldoes not include ExplainAuthorisation procedureunder the Bio-Medical Waste Rules.
anaccidentby reasononly of war or radio-activily. rAuthorisation' - Permissiongrantedby prescribedauthority for generation,collection.
etc. i.c. handl1ngof bi0-medicalwaste in any
when is importof HazardousWaste permittedunder the HazardousWaste Rules ? 10morethan1.000persons..ctc.
mannerapplicablewhen treatment/ service
AWrlmportofhazardouswasteis pernitedfrom anycountrytondia for processingorre-use
asraw material... a locality comprising of
residential and educational
a
hubs, the prestigious elite Tendulkar
J)Whatdoesthe "SustainableDevelopment'relatingto EnvironmentProtection mean? family decided to organise the wedding ceremonies of their eldest son, in their home and
Answer SustainableDevclopmentis developmentthatmeelsthe necdsofthe presctwithout
compromisingthe
huilding complex itself. The celebrations included disco night, dandiya night, sangit
night, ete.
abilityofthe future generationsto meet their ownnecds. Under the Noise Pollution Rules, what are the restrictionson the use of loudspeakers?
Q.2: Writeshortnotes on Any Four of the following: 20. Answer:Under the NP Rules.restrictionson use of loudspeakers,except after writtenpermission
a) Offences by Company under the Air Act. fromtheauthoiy-notto be usedat night(i.e.10p.m.to6am.)exceptinclosedpremises.
) What is Day' and Night' under the Noise Pollution Rules ? Would the location of
Answer: Tendulkar's house fall under the Silenee Zone ?
Offences by Companyy= Answer:Day-6 a.m.to 10 p.m."Night'-10 p.m to6a.m
EVery person whoat the timetheoffencewascommited,diretlyin chargeof andwas responsible
tothecompanyfor the conductofthebusinessof thecompany,shall be liable.
Yes-Tendulkar'shousewouldfall underSilenceZone,astherewereeducationalhubs in the same
locality.
Exception
another leopard found dead on Sunday, the 3rd this year, state to probe recent deaths
to
f such personproves that the oftencewas committedwithouthis knowledge,or, that he exercised )With of eigth
all due diligenceto preventit. ascertain if gang of poachers is at work. On Sunday evening, the decomposed body
b) Stockholm Conference. about 1 km from the forest boundary. Of its 18 claws, 8 had
year old male leopard was found
been chopped off. The cat's skin claws and other body parts fetch high price poachers.
to
Answer:
with 'Grant of permit for
StockholmConference i) U/s.12 of the Wild Life Protection Act, what are provisions dealing
U.N. Confercnceon environment-India participated-26principles[writein brief,the principies. specialpurposes'?
c)Eco-LabellingScheme. Answer:U/s.12 of WLP. Act "grantof permit"for specialpurpose
by ChiefWild LifeWardenin
Answer of education,scientiticresearch or
for the purpose
WTiting for_permit_to huntany wildanimal
Eco-Labelling= SCientificnmanagement. Protection Act.
the Wild Life
Schemehas been introducedto labelconsumerproductsthatareenvironmentfriendly.Itis indicated of the National Board under
State any three functions
as 'Eco-Mark.-Introduced by the Ministry of Environmentand
labelling..nCle.
Forest -Objects of eco: Answer:Any threefunctionsofthe NationalBoard=
developmentofwild ife and forest, poachng,illegaltrade,
d) Ratlam Municipality v/s. Vardhichand. TOmote conservationand Government-controlling
and State
AQVISe CentralGovernment
Answer: of NationalParks,Sanctuaries,etc
for management
Facts-Issues-Order of the Court,etc CCommendations
of projectson
wild lite, erc.
mpact Assessment
 Author-Prof, PrakashK.Ma. 231
230. Mokal Answer
compositiOn of the National
Basic_conm

airpersons, Judicialmembersand Technical Environmental Author- Prof. PrakashK. Mokal

Q.4 Answer Any Four of the following: 48. men
ophy' as defined under the
'uncured
Tribunal is Chairperson ice
Define
a) Under the Water Act, what are the functions ofthe ce cured trophy under the Act
Answer:uncure Wildlife Protection Act.
Answer: process of taxidermy and means, whole or any part of captive animal
imcludesfreshly killed animals,
Undergone

or wild
Underthe Water Act statethe Functionsofthe CentralBoardas pu n than
animal products.
Anina ucationalinstitutions'as ambergris,musk andanlna
otner
Development in the field of EnvironmentalLaws moretnroug"
is 3. Det
defined
Legislation'. Explain with the help of decided cases. AnSwer:Scho
Schools, colleges.universities, under the Noise Pollution Rules.
Answer professionalacademies,training
establishmentsincludes buildings
wherestatutory law is no
cational_
and grounds for institutionsor other
Judici activismis the initiativetakenby a Judgeto impartjustice development.
mental, moral and physSICal
ougn tomeetall the challengesariseninthesocety,ctc. hat does 'ACT under Hazardous Waste
4.
: Under the Hazardous Rules mean?
Discuss with relevantleading case law. Waste Rules. 'Act'
Answer:

oftheWild Life Protection wvhat are the restrictions

on entry m a
Sanctuaryy is the
the 'Two-Fold" provision under the means, Environmental
of India Protection
S.27
C 5. What is
Act,
Answer: pollution ? Constitution Act. 1986.
dealing with environment
Restrictions on theentryin Sanctuary= Pwer:Two-Fold'prOVISION -42
ho is resIding
i) Who can enter - only public iervanton duty,ChiefWild Life Warden,one wh0 ConstitutionalAmendmentunder Articles48A and 51A
lnder the Air Act, what does "protection
nside L,or one whois passingthroughaSanctuaryalonga publhehignwa
.
of action taken in good faith' mean? (g).
r: Protectionof action laken in good faith
i) everypersonwho is residinginsideaSanctuaryis boundtopreventrICnces n arresting
offenders, reportdeath of wild animal,safeguardits remains,extinguishfire . Not danmage a9Ainstthe GovernmentOr50ard in respectot 'nosuit, prosecutionor legal proceedingshall lie
again
-
Act.
anythingdonein good faith in pursuanceof the Ar
boundary
etc.
marks,assistForestOfficersandotherOficrs,notteaseormolestLwildanmalsor liter, What is an ocupier under the Water Act?
a) U..s. to take Answer : "occupier In relationt0 afactory/premise,the
1l of the Environmental Protection Act, explain the power sample and person who has controlovertheaffairsof
procedure to be followed in connectiontherewith. thefactory oris in possesion
III?
of thesubstance.
Answer 8. What is CRZ -
Under Section1| of E.P.Act-Power to take samplesand the Procedure nswer:Areas thatare relativelyundisturbedand those
unral uovermmentservesnoticeon occupier,collectsampleincontainer/mark/seal/signby both. Coastal zones in rural or designatedurbanareas whichwhich do not belongto CRZ-Ior CRZ-II
9 Define 'trade effluent' under the Water Act. What are not substantiallybuiltupon.
on willabsentsof the occupieror when occupierrefusestosign.the sampleshouldbe taken
and procedurecompletedandsent to the laboratory,etc. mean?
does 'air pollutant' under the Air Act
e) Critically analyze the penal provisions under the Water Act. Answer trade effluent=Any liquidor gaseousor solid which
Answer: usedfor carryingon any industry.operationor process,or treatmentisand
discharged from any premises
disposalsystem,other than
State Sections41 to 48 of the Water Act. domesticsewage.
) Explain how the Constitution of India had contributed in the protection of the 10. What does Air pollutant under the Air Act, mean ?
environment at large. AnswerAnysolid, liquidor gascoussubstanceincludingnoise presentin atmospherein
Answer: such
concentrationsas may beor tend to be injuri0usto humanbeingsor other livingcreaturesor plants
Constitutionof India -= propertyor environment
or
Only Constitutionin the world which has provisionsdealingwith environmentprotection
Explain 42 Amendment. Article48 (A). 51(A)g21,Writremedy Q.2:Writeshortnoteson thefollowingJAny Fourl:_ 20.
Case Law. a) Stockholm Conference.
b) Noise Pollution Rules.
[17] c) Environment Impact Assessment.
d) Ganga Pollution case.
December,2012 (07.12.12)1 e)Powerof Entry and lnspectionunder the EnvironmentProtection Act.
Eco-labelling.
With Solutions Q.3:Solvethe followingAny Twol: 12.
Q.1: Answer the followingInotmore than Two .With the rapid increase in industrialization, there has been a rapid increase in the
1.
sentences]: 20. generation of hazardous waste being generated by hazardous industries.
What is the basic
compositionof the National EnvironmentTribunal ? ) Name the legislation which governs sueh industries generating hazardous waste.
Answer:HazardousWaste Rules.
i1) ls import of such waste, permitted under the law ? Explain.
 Answer:No. EXCepi for 232. Author-Prof, PrakashK.. Mok Mokal
recyclingor reuse.
hat are the different types of rem- 233.
of the dies avaiable under
populated area of Mumbai,there was immensepollutiondue
e smoke which was given out and
prote

er:
environment2 nder Author-Prof.
the
laws Prukash K. Mokul
eral
and civil
affectingthe lives of the peop
was
P.C.
nde theCC.provisions of Sections268 «
laws for the
to the residentsof this localityunder the Cr.P.C.
?
Answer:d Sectionavalable 133 of the Cr. P. C. -directions of Magistrate Ior rCmovalof Puh:
P. C.-Drovisionsof
Section269.271,
133
278, 433
Nuisance and remedies 435.436.
underthe law of
) Explain "Offences by Torns.
nWer i Evevry Company' given under the Air A.
as

Was responsibletoperson who atthe time the offencewas committed,was directlyin charge of and
the company for theconduct [18
EXCeptions- If such personprovesthat the of the businessof the company,shall be liable.
exercisedall due diligence nowledgeor that he
offencewascommittedwithouthis kno April, 2013 (29.4.13)1
to preventit
Cr the growing concerns over the extinction of wild animals like the tiger, the
Protection Act has
1) /s. 27 certain provisions to decrease the Wild Lif with Solutions
of the Wild Life Protection same sswerthe ffollowingInot
Q.1:Answer
Answer:The personswho can enter Act, who enter sanctuary
can a
more than Two sentences|:
no is pemittedby the Chief Wild Life into1the sanctuarvare a) publicservanton duty. b) a perSOn a) Define Animal Article'.
11)/s. 28
of the Wild Life Protection Warden to reside in thesanctuary,c 3nCwer :Section 2(2) of the 20.
purpose ? Act, who is authorised to grant permt and for
what from any captiveanimalor Wild Life Protection Act-"animal
Answer : The Chief Wild ich the wholeor any WIld animal,other than vermin.and article"means, an article made
Tesearch.tourism,ete Life Warden is authorisedto grant 'permit'for the purposeot photography. articlemadetherefrom
part of Such animal has includesan article or objectin
been used, and ivory
Q.4: h How is 'Forest Oifence defined under importedinto Indiaand a
Answer the follovwing: Answer:forestoffence means,an offence the Indian Forest
Aet ?
a)
Critically analyze the provisionsof the = 48. thereunder. punishableunder this Act or underany Rule
Answer: Bio-MedicalWaste Rules. How is Occupier' defined under the Water
an made
Act ?
Bio-Mediecal Waste Rules Applicability, few Answer Under Section2 (c) of the Act
authorisation,occupier. important definitions, like bio-medical waste means the person ho has controlover "occupier" in relationto any factory or
procedurefor authorisation,ete.Segregation,_packaging,transportationand storage, duty ot occupier. relationto any substance.the personin theaffairsof thefactoryor the premises, premises.
d) Who can declare a Reserved Forest?possessionof the substance.
and includes.In
b) Are the Noise
Pollution Rules effective in Answer Under Section 3 of the Act - The
under the said Rules. our
country ? Explain with reference to
the provisions State Governmentmay constituteany
Answer: waste-landwhich is thepropertyof the Government, forest-landor
thisAct. as a reserve forest in the manner providedin
Noise PollutionRules-
Aims of the Rules.few importantdefinitionslike,
Hospital' ete. Classifies e) Is import of HazardousWastes
permitted? Explain.
arcas Zones. gives ditferentambientair "Act',Educationalinstitutions
-

loudspeakers, ete. Complaints standards, restrictionson use of Answer: The mport of hazardouswaste is permitted
-

to authorities..The exceptionalcircunstances,Such as,tor from any countryto India only under

and night-No, not Schedulegives the different
etfective -poor implementation-Public noise limits for day Explain "Protectionof Action taken inprocessing or reuse of raw material,etc
good faith'
c) What is 'Judicial awarenessneeded. Answer:UnderSection 42 of the Water Act- Protectionof
Ans1wer : Activism ?Is it at its best in
environment pollution cases
? Diseuss. No suit, prosceutionor other legalproceedingshalllie againstaction taken in good faith means.
Development in the ticld of environmental the Governmentor any memberor any the Governmentor any officerof
law is more through ofticer or other employee_ofthe Board in respectof
ctin ism is the initiative
taken by a Judge to judicial activismthan legislation. Judicial anythingwhich is done or intendedto be done in good faith in pursuanceof this ACt
the challenges arisen in impart justice where statutory law is not madethereunder. or the rules
the socicty, cle. Discuss
with leading enough to meet a
d) Summarise the Case Laws g) Explain PrecautionaryPrineipal'.
powers vested in the Cetral
environment as
contemplatedunder the Government in relation to
Environment Protection Aet. protection
ot AnSwrPrecautionary Principle"in the contextofmunicipallaw mcans Environmental
easures by the State Gioveramentand the statulory authoritiesmust anticipate.preventandattack
Answer: the cause of environmental degradation, lack of scientifie certaintyshould not be used as a reason
Powers of Central
and
iovernment to take mcasures under
Section 3, Or
postponng measures to prevent environmentaldegradation.
mspection, samphng, ete. power to give directions,power to entry Authorisation' is applieable to whom under the Bio-Medical Waste Rules?
Answer: Chapter N lazardousWastes":Rules ofthellazardousWastes(Managementand
nding) Rules, 1989 Authorisation means permission grauted by the preseribed authority for
 Prakash K. M. by a Board tha 235.
234.
Author-Prof,
dIsposal ana or any
other
is
here itthe State
apprehended

Board under clause (g)

s1on of
any airAuthor- Prof.I akush K. Moka
transportation, treatment. any
generation.collection.reception,storage, guiclmesissued 1Orm by
lustrial plant
of
-section (l) of pollutir in excess of
the stan
otherwise in any Section
an
these rulesand
with the operating
rsOn or 7, is
pollution controllikely
on
ofhanding of bio-nmedicalwaste in accordance o to
occur by reason
Central Government anyication to a court, not inferior to that of a
)
an appli
restraining such person from
class for
MetropolitanMagistrate or a Judicial
area, the Board
may niase
as PollutionRutes
What is "Day' and Night' per the NoiseRules-prohibition on coninuance OI MUSiC
SOund
or ist
emitting such air pollution. Magistrate of the
Answer:Section8of the NoisePollution .rise was causing polution by
emitting smoke and fumes, and
nO1Se where the 'day'and 'night'is as follows c) Ane

to the neighbouring
hence, causing nuisanee
ay timeshallmean frombam.ito10 pn. the power of the Board to entry and
Nighttimeshallmean 10pm.to 6am. i)
Explain

ection 10 of the inspection.

)What does Environment
ImpactAssessmentmean human activities on
wer:Under

Environment(Protection)Act 1986 any

ent,i.in this behalt shall
CentraGoverniment,
means,a procedurefor bringing outthepotentialeffectsoft havea rightto enter, at all person empoweredby the
reasonabletimes with
environmental
environmental system necessary.
such assistance
s he considers
appeal against any order of the Board ? Explain.
lie
Q.2: Writeshortnotes on the followingJAny Fourl: 20. i)Ca 18: Protectionof actiontaken in good faith
a) Amendment to the Constitution of India relating to Enviro ApSsuit. osecutionor oth
or other iegal
af tlhe Governmentor anyproceCding
prosecution

Degregation. packaging, transportation and storage of Bio-Medical

wasic.
No shall lie against the Govenmentor any
c) Taj Trapezium Case. emp authority
of such authorityin respectof anythingconstituted underthis Act or any member.officer or other
officer other
d) Procedure for declaring 'Reserved
Forest emp of this Act or the rules made or which is done or intendedto be done in goodorfaith in
e) Hunting' under the Wild Life Protection Act. Dursuance orders or directionsissued thereunder.
under the National
sons who can make an application for claim of compensation 0.4: Answerthe following[Anv Fourl
EnvironmentTribunal. Enumerate the functions of the Central Board under the Water Act. 48.
Q.3 SolvethefollowingAny TwoL: =12 Explain the procedure of the power to take samples of the air emission and the or
be followed by the State Board under the Act. procedure to
a) Authorities have confirmed the proteetion of two Asiatic lions in Banderiya village near Jesar in Discuss in detail the salient features of the EnvironmentProtection Act.
Bhavnagar district. The two carcasses which were recovered in a massive digging operation
d) Noise Pollution Rules.
from the
were of those of the lions
killed, about a week back. No bones or claws were found
spot, e) Critically discuss the Penal Provisions under the Water Act.
as was the case in the earlier two
incidents, inside the Gir Sanctuary. Once the animal was What is Judicial Activism ? ls it at its best in environment pollution cases ? Discuss with the
trapped, the gang would thrust poison-tipped spears in the mouth of the animal and in the anus
help of decided cases.
of the struggling beast.
With reference to the Wild Life Protection Act-
i) What is the provisionfor entry
into a Sanctuary with weapons?
Answer: UnderSection9oftheActcertainprohibitionsareimposedonhunting"noperson shallhunt [19]
anyvild aninmalspecifiedin Schedule, IL II andIV exceptassprovidedunderSection11 and 12 ofthis November, 2013 (30.11.13)
Act"
ii) Who is authorised under the Act, to grant 'permit' and for what purpose?
Answer : Under Section12 of the Act, the Chief Wild Life Warden,may grant a pemitto any personto0 With Solutions
huntanywild animalfor the purposeofeducation,scientificresearchorscientificmanagement.
b) A chemical industry was emitting hazardous gases from its Q.1:AnswerthefollowingInot morethanTwosentences|: 20
chimneys sinee long. No action was
initiated against the industry, for flouting the laws.
a) Who is an 'occupier'as per the Water Act ?
i) Explain the powers of the Board to give directions for
A of the Air Act.
restrainingpollution of air under Section 3- Answer: Section2 (d) of the Act -"occupier",in relationto any factoryor premises,meansthe
relationto
Answer The Board may in the exerciseof its pOwersand performanceof its functions, personwho has controloverthe affairsof the factoryor the premises,and includes,in
directions in writingto any person,officeror authority,and such isSue any anysubstance,the personin possessionofthesubstanceRules?
person,officer or authorityshall be Bio-MedicalWaste
D) What does 'Aet' nmean under the
bound to complywithsuchdirections.Powertodirect:a) theclosure,prohibition (Protection)Act,1986(Act No.29 of 1986)
industryor process:b) the stoppageor regulationof supplyof electricity, or regulationof any Answer: "Act" means the Environment
the Constitution of India?
ii) Explain the power of the Board to make applicationto a court. water or any other service. Which is the Twvo-Fold' provision under
environmentpollutionwhichis givenin the
Answer Section22-A () of the Air Act: Powerof board to Answer: The "Two-Fold" provisiondealingwith the incorporatedArticle48-Aand 51-A (g)=
personsfrom causingair pollution- makeapplicationto court for restraining +2Amendment of the Constitutionof India which
Kesponsibilityofthe Stateand the citizensfor protection of environmen
Air Act ?
mean under the
) What does 'Bar of Jurisdiction'
 Author-Proj. Prakash K. Moka
236.
Answer : Section 46 of the Act -"Nocivilcourtshallhave jurisdicti0nto entertain
constituted under
anv
thisSuit Answer: 237 Author-Prof.Prakash K. Mokal
proceeding in respect of any matter whichan Appellate Authority Act is Chapter-AA"InternationalRegime"
granteaDy any court or Declarationof National Park ic
under the WildI, given in thisBook.
Cmpoweredunderthis Actto determine,and no jurisdictionshallbeofany powerconferredby othe Answer: Life Protection
authoriiy in respect of any action taken or to be takKCn Acet.
underthis Act" Wild Life(Protection)
ChapterXIX "Wild (Protcction
e) What is Eeo-mark? Wild Life ProtectionAct,1972.
Act. 1972":Section2(21)
endly products(Eco-Matk efonces by the Company under the and Section 35 (1) to (8)
rhese are various marks used for labellingofenvironmenti of the
producis).Ihereare as many as 19 productswhich have been idenuned is C0-mark_prod Iucts
d)
Answer:
EnvironmentProtection Act.
Eco-markSor Eco-normsare basically Usedon a nationalbasesand provIde for;
accredilion
or anter-X "EnvironmentProtectionAct,
whichmeet certainenvironmental criteria. Act,1986. 1986" : Section16 of the
1) Une
Define 'Uncured
Deine
O Consumer products
Trophy' as defined under the Wild Life Protecttone e)Ganga Pollution Case. Environment(Protection)
Answer:Section2 (32) of the WildLife (Protection)Act,1972- "uncuredtrophy" means, the Answer:
whole or any _part of any cap animal or wild animal,otherthan vernmin,which ich has not Chap VII"TheWater (Preventionand Controlof
On Aprocessof taxideny,and includes a freshlykilledwild animal,anmbergris,musk and and Pollution)Act. 1974
other animal products. 0.3:Solvethe followinglAny Twol:
g What is the limitation period for iling application under the National Environment 12.
Tribunal Act ? In a very populated area in
Mumbai,which is generally indicated
because of uncontrolledpollution from as a Gas Chamber',
Answer: Section4ofthe Act-Applicationfortheclaimfor compensationNoapplicationfor of a range of aliments. industries,residents from the have
Compensatuonshallbe entertainedunlessit is made withinfive yearsoi the occurrence of the
area
complained
accident". in Is there any remedy
availabile under the Criminal
h) Explain 'Day' and Night' grievances of the residents ? Explain. Procedure Code to redress the
as per the Noise Pollution Rules.
Answeri Section8 ofthe NoisePollutionRules-prohibitionon continuanceof musiesoundor Answer: Yes,theremedy is certainlyavailableto the residentsunder
noisewhere the 'day'and 'night',is as follows CriminalProcedure.1973 Section133 of the Code of
Daytimeshall mean from bam. to 10 pm. i) Under the Air Act, explain "Cognizanceof Offences.

i)
Night time shall mean 10pm.to 6am.
Define Trade Effluent' under the Water Act.
Answer:Read Section 43 of the Air Act given in ChapterVIllin this Book.
Answer Section 2 (k) of the Act -"tradeeffluent includesany liquid, gascous or_solid 2. Daily industrial wastes leaves black trials on Alibaug beach.
about how to control the Environmentalistsare worried
Substancewhich is dischargedfrom any premisesused for carryingonany inaustry,operationor hydro-carboneffluents washing up on the beaches where the sand
has turned grey and black.
process,or treatmentand disposalsystem,otherthan domesticsewage.
) State any two 'Prohibited
Activities',as stated under the Coastal Regulations. i) Under the Environment Protection Act, explain the Power to give directions.
Answer: Notificationwas issuedby the CentralGovernmentunder Section 3 (1) and (2)(v) of Answer The power to give directionsis with the CentralGovernmentto take all measuresas it
the EnvironmentProtectionAct 1986and Rule 5 (3) of the EnvironmentProtection deems necessary O expedient for the purpose of protecting and improvingthe
Rules,1986
whereby Coastal Stretches have been declared as Coastal Regulation Zone in which environment.
quality of
activitiesare prohibited.They are certain ii) What does "Protection of Action taken in
good faith' mean under the Environment
1) Settingup and expansionof industries Protection Act?
2) Manufactureand processand disposalof hazardoussubstance Answer:S.18-Protectionof actiontaken in good faith
3) Settingup of units for disposalof waste eftluents; No Suit, prosecutionOr other legal proceedingshalllie againstthe Governmentor any officeror
4) Dischargeof untreated wastes,etc.
otheremployeeofthe Governmentorany authorityconstitutedunderthis Act or any member,
Q.2 Writeshort notes on thefollowing[Anvy Four|: otficeror otheremployeeof such authorityin respectof anvthingwhichisdone orintendedto be
donein good faithin pursuanceof thisAct or therules madeor ordersor directionsissued
a) Grant of Authorisation' under the Hazardous thereunder
Waste Rules.
AnSwer 3. Doctors across the city are seeing a sudden rise in the number of pollution related diseases.
Chapter-XII"HazardousWastes Rule 5 of the
Rules.1989-Authorisationmeans permission HazardousWastes (Managementand Handling) The statistics reveal a hike in the polutant levels especialy during the peak hours causing
granted
collection,reception,storage.transportation.treatment,by the _prescribedauthorityfor generation. dense traffic.
of bio-medicalwaste in accordance disposaland/or any otherform of declare air pollution control area ?
1) Under the Air Act, who has the Power to

GOvemment.
with these Tules and any guidelinesissued by handling AnSwer: Section 19 (1) ofthe Air Act -TheStateGovernmentmay, afierconsultationwith the
the Central prescribed,
b) Stockholm Conference. e Board,by notificationin the Official Gazette,declarein such manneras may bethisAct.
or areasfor the purposeof
drea or areaswithinthe Stateas air pollutioncontrolarea
 Anthor-Pro,PrakashK
Moke 239.
238 t0 condone the
MSWer:The ( Globalwarming is cause due to Author- Prof. Prakash K. Moka.
pollution,inICreased
the Air Act ?
Is there a provision
delay recl-house
gases, c
heatingup the earth'ssurface.
efineAir llution.
levels of carbon dioxide and ther
nere can an appeal be filed
under

the lapse
ofthe limitation period, to file the appeal by anorder
o
mad Section 26) of the Ar
r personaggrieved AnSwerUnder Section
Answer: Under Section31 sub-sectior () ofthe Act, the
s from the date on which
the thepresencein the (Prevention
sphereof any air polluta& Control of Pollution)Act. 1981, "air pollution"
the StateBoardcan appealto the AppellateAuthoriy ned. There is a provisIonunder fine Reserved
mEans
Area under the Forest Act
can be condoncu. aftcr
GCT
IS Communicatedto him. Yes. the delay
Appellate Authority
may enierti ne appeal
: The word 'reservedforest has not been defined in
ord reservedf
The appClkant was prevento.
sub-section
areas of forest land whichthe Act. On the teminologyemployed
rr of this ()- ihe ted by sts'are thOSe
is satistiedthat 'reserved forests
by
AD Othe said periodof 30 days if'such Authority he Acl ernmentunder Section5 of theAcL, under are constitutedas a
'reserved forests
Suficientcausefrom filingtheappealin time. theSta
1963, SC 147),
ChapterlI of the Act-/Unionof India vs. by
TalilAlR Law of Torts, how can the Abdul
Q.4:AnswerthefollowingJAny Fourl: industrial planis under the Air Act Under
the LawTorts, Environmentalpollution cases be
Explain the power ofcertain Environnient h) As aa tort of public adjusted?
a) to impose restriction on use

under the
ttoceon
Act, to tatke nuisance,causinginjury,danger orannoyanceto the
Aplam the Powers of the Central Govenment AnSWe a9ainstpublicrights,Salety or convenience.Remediesavailableto thispublicgenerally.and it
measures to protect the environment. succcedsin the protectionol tne environmeni. is an nt Dollution,are- 1) injunction,11) declaration, public nuisanceby
envr and iü) eriminalaction.
Alain as to how the Indian Penal Code Under
the National Environmental Tribunal Act, what is
the time-limit within which
d) Criticallyanalyze the provisionsof the Coastalregulatrons. position fofor environment
Constitutional
pplication tor compensat can be entertained?
e) Under the Environmental Jurispruden state the
a VIal roie in
chvironment Section 4 of the Act- Applicationfor theclaim for
protection. How in your opinion has Judicial Activism' played
tion shallbe entertainedunlessit is made withinfiveyearscompensation:
er "No applicationtor
AD of the
protection? co occurrence
r 1he Wild-Life Protection Act, who appoints the Chief Wild-LifeWarden? of the accident.
1) State the functions of the State Board under the Water Act.
rUnder Section 4(1)(a) ofthe Wild Life(Protection)Act. 1972. the State Governmentmav. for
purposes ofthis Act, appointthe ChiefWild LifeWarden.
the
[20] 0.2:Write shortnoteson Any Four: = 20.
De Janerio Conference.
a) Rio
May, 2014 (26.5.14)] b) Noise Pollution.

c) Cognizanceof inder the Wildlife Protection Act, 1972.

d) Environment lmpact Assessment.
With Solutions House Effect.
e) Green
Q.1:AnswerthefollowingInotmorethanTwosentences| = 20. Precautionary Principle.
a) Define Sustainable Development. Q.3:SolveAny Two: = 12
Answer SustainableDevelopmentis the_developmentthat imetsthe need of the present without along a publie highway enters into a sanetuary with
person passing through
a sanctuary
compromisingtheabilityof thefuturegenerationtomettheirown necds a) A
and some explosive chemicals. Soon, he leaves a fire burning in the sanetuary, in
a

b) Define Coastal Regulation Zone. weapons

manner to endanger it.
Answer: Underthe EnvironmentProtection Act. 1986&EP.R.Rules,1986 CoastalS1retcheshavebeen grant permit to enter or reside in a
for which the Wildlife Warden can
declaredas CoastalRegulationZone i) Give the purposes
The Central Governmentdeclared that. the Coastal Stretches of seas,bays,creeks, cte, which are sanctuary research. iv) Touris.
influencedby High Tide Line,and theland berweenthe Low Tide Line&High Tide Lineas Coastal Answer:i) lnvestigationstudy of wild life.iü) Photography.ii) Scientific with
Wild Life Protection Act for causing fire, entry
weapons
the restrietions under the
Zone:Andimposedcertainrestrictionson the settingupand expansionofindustries,operationsand i) What are

substanees in a sanctuary?
process,etc.in the CRZ or explosive withweapons
proh1bited.Prohibitionof entryinto sanctuary
c) What is Eco-Mark?
AnSwer: Causingof firein a sanctuary \Warden. Ban on use of exptosivesubstanee
Chief\WldLite
Answer: Theseare variousmarksused for labellingof environmentfriendlyproducts(Eco-Mark CNCeptwitlhprevious penission in writngot
producis).Thereareasmanyas 19 productswhichhavebeenidentifiedas cco-makproducts.Eco-marks I Sanctuary musie on the publie
or Eco-normsare basicallyused on anationalbasesand provideforaccreditionor recognitio for any Vachani Ram' group
was playing loud
During Navaratri festival, 'Satya the nearby residents
D) taken by
kindof consumerproductswhich meetcertainenvironmentalcriteria. dance until 3 a.m. Objections
were

d) Which Act is called the Umbrella ILegislationand why ? road and arranged Dandiya'
but the organization refused to stop the programnie.
Answer:The EnvironmentProtectionAct. 1986is calledas UmbrellaLegislation,because,itis a parent What are the remedies available to nearby residents .
Act, and therefore,the provisionsof all the otherActs rclatingto environmentprotection,oughtto bein
confomitywith this Act.
e)Why is Global Warmingcaused ?
 Author-Prof,Prakash K.
AnSwer: They can 240.
complaintto the Police under thePolice Act. 1861 (Section
_30)= Punishm
ment a
144Nd
Mokal Answer he definitiongiven
241.
Denaityunder Section 32. They can Courtunder decon 1.35and A4 of the Smentmear
ImpactAssessment by N.
means, a proCedurefor bringingaoutnotedthor-Prof.
Khosho
the Magistrate's
Cr.P.C. Complaint
for the orders for removal of the to environmentaPrakash K. okal
Protection Public
on environmentalsystem"
1) Does the Environmental Nuisanc
Act, 1986 have any provisionsPollution
to curb noise
l pollution 2 Animal Article. the potential Environment
AnSverYes, the provisionsto curb noise pollutionunder tne ollution(Regulation&Coni. b) Define
Animal article effects of human
Answer : Animal article means: activities
Rules, 2000, which are made under the ParentAct tal ProtectionAct, 1986.
i.e. ne thanvermin,and includesimeans an article made
an articleor from captive
ed, and ivory
been used, objectin whichany animal or
india and an article the whole or any part ofwild
C)It is sacred business along
the river, to cla.
imported
duty of all those takereside lose t into animal, has
tanneries, if they have failed towho s animalotner
and carry on
immediate steps required for the primary treatmahe Life(Protection)Act,19721. made such
industrial effluents". nt
c)
of
Is import HazardousWaste therefrom. [Section 2(2) of the Wild
i) State the case in wer: The import ot permitted ? Explain.
question referred to.
AnSwer : Ratlam Municipalorporation entional circumstances,hazardouswaste is permitted
Corporationv/s. Vardichand.decided by Justice KFishna
Vardichand.deciue Aiver
C such as, for procesSingor from any country to India
d Explain PrecautionaryPrinciple
upreme Courtof Indial reuse of raw material,etc. only under
ii) Briefly give the facts and decision of the case.
werPrecautionary
ntrol it at its sourCe, Principlemeans,pollutersshould
Lhismatterwasstarted at very basiclevel of local Magistrateas a punishable oflfenceof publicnuisan. and pay 1orits effects, internalisethe costs of theirpolution.
underthe lndianPenal Code and CriminalProcedure uents causing
farcing other States or future including remedial or cleanup costs, rather
Code due to disca
consideratbledangerto the health of the publicin thevicinity, nswer : Under Section2 (g) ofgenerations to bear such costs. than
Court. and Cucd reme Give a brief note on Central Water the Water Act, "Board"means the Central Board or
Answer The Laboratory. State Board
ge matter in favour of the public in the vicinity,KrishnaIyer J, made it erystal clear, thar CentralGovernmentmay establish a
norities cannotby-pass the provisions on any count, including_Wanto sand further Governmentmay make Rules prescribingthe Central Water Laboratory.The Central
Cpeied Ratlam Municipality under the provisions of Section Z3 O water or of sewage or tradeeffluentfor functions,procedurefor submission of samples
Pradesh
Municipalities Act, 1961,to dischargeits responsibilities.In doing so, Supreme Cour has categorically o analysisor tests,etc.
What is the aim/objectof the Forest Act o
2
nterpreted rightto life'underArticle 21 of the Constitutionof India,as Tight to nealnyand safe life Answer:To consolidatethe law relatingto
nd ror that purposedirected to conserveand protect the environmentalpollutionDy Specincally leviableon thetimberand other forest forests,the transitof forest producesand the
relying produce. duty
onArticles,viz, 14, 19 (6) and 21 of the gHow is 'Board' defined under the Air Act ?
Constitution. Answer:Board meansthe CentralBoard or aState Board.
Q.4: AnswerAny Four of thefollowing: ISection2 (0.
aotate and explain the Constitutional provisions with respeet to Environmentat Frotection. 48.
h) Define Sustainable Development.
b) Elucidate how the Wildlife Protection Act seeks to
the salient features of the Act.
protect the wild animals and plants by stating Answer : SustainableDevelopmentis the developmentthat meets the need of the presentwithout
e) State the role of Judicial Activism in Public Interest
compromisingthe abilityof thefuture generationto meet their own needs.
d) State the powers of the State Board and
Litigationcases. )What is "Cognizanceof Offences"under the EnvironmentProtectionAct, 1986?
explain
the procedure
to be for
adopted analyzing the Answer:Cognizanceof offencesmeans when the complaintismade by the Central
samples of water by it.
or any Authorityor Oficerauthorisedin by that Govermment;or When Government
e) Critically examine
the Protection of the Environment with a complaintis made by
respect to the proVisions under the anyperson who has given notice ofnotless than 60 days of thealleged offenceof hisintention
eriminal law and the law of torts. to
make a complaintto the CentralGovernment,the Courtshall take cognizanceof any_offence
t)Define Bio-medical Waste. Describe the provisions regarding the segregation,
packing. under this Act.
transportationand storage of Bio-medical Waste as per the provisions of the Bio-medical Waste i) Define "Coastal Regulation Zone".
Rules.
Answer:Underthe EnvironmentProtectionAct,1986&E.P.R.Rules,1986CoastalStretches
havebeen declaredas CoastalRegulationZone.
The CentralGovernmentdeclaredthat,the CoastalStretchesofseas,bays,creeks,etc. whichare
[21] intluencedby HighTideLine,andthe landbetweenthe Low TideLine&High TideLineas
[November, 2014 (24.11.14) CoastalZonc;And imposedcertainrestrictionson thestingup and expansionof industrcs,
operationsand process,etc. in the CRZ.
20.
Q.2:Writeshortnoteon thefollowing(AnyFour):
With Solutions a) Taj Trapezium Case.
b) "Hunting" under the Wild life Protection Act.
Q.1 Answerthe followingInot morethan Two sentences|:_ c)Eco-LabellingScheme.
20.
a) What does Environmentimpact Assessmentmean Stockholm Conference.
e) Ratlam Municipalityv/s. Vardichand Case.
 243.
242.
Author-Prof, akash K. Mokal or-Prof.Prakash K.
) Green House Effect.
[22 Mokal
Q.3 Solve thefollowing(Any Two) =12. May, 2015 (07.5.15
a) A chemical industry was from its Chimney
since long. No action
mitting hazardous gases
Was initiatedagainst the industryfor loutingthe laws of air
With Solutions
Xplain the powers of the Board to give directions for restrainingk ponuon undeer
Section 31A of the Air Act.
lowingJnot moretthan Two
serUnder Section 31A,the Boardmay, in the exerciseof its powersand perlormanceof its Swer the sentences|:
COns under the Air Act,issue any directionsin writingto any person,OTnCerorauthority,ani hazardous vide New Hazardous
waste'
Such person,officerorauthorityshallbe boundto complywithsuch direcos a) Define

lazardousWaste' means,any wasteWaste Rules, 1989. 20.

11) Explain the powers of the Board to make an application to a Court.

Section22A ofthe Air Act, where it is apprehendedby the 5oardthat,cmission

Answer:

tive, toxiC, fammable,explosive or corrosIVC which by reason of its

Under health or environment, physical,chemical.
characteristicscauses danger
Oanyair pollutionin excessof the standardslaiddown bythe State50ard.1s KCly to cause cause
Whetner alone or when in or is likely to
polution,the Boardmay makean applicationto a Courtnot inferiorto nat ora Metropolitan substances"

under the Air Act.

contact with other wastesor
Magistrateor a JudicialMagistrateof theFirstClass,for restrainingsrenpersSOnIromemitling h Define occupier'
Suchair pollution. nswer: Section 2 (m)of the Air (Prevention
factoryor premises,Means,tneand Control of
relationto any fact Pollution)Act,
b)In a locality comprising of residential and educational hubs, the prestigious elite Patil family
the premises,means the person who has control over1981-o
the affairs of the
decided to organize the wedding ceremony of their eldest son in their home and building person wno has controlover
complex itself. The celebrations included Disco Night, Dandiya Night, Sangeet Night, etc. emises, and includes,in relation any substance,the perSon the affairs of the factory or the
What is
"Eco-mark' ? in possessionof the substance.
nder the Noise Pollution Rules, what are the restrictions on the use of loudspeaker? Answer:EFco-mark_is a label
) What is Day' and 'Night' under the Noise Pollution Rules? Would the location of Patil's introducedto labelconsumerproducts that are
house fall under the Silence Zone? friendly. environment
What is "Global Warming' ?
Answer
noise
Section8ofthe NoisePollutionRules -prohibitiononcontinuanceof musicsoundor d
Answer:Due to pollution,increasedleveis OT carbon dioXideand other
where the "day'and 'night'is as follows: greenhouse gases cause
Daytimeshallmean frombam.to10 pm heatingup theearth'ssurface.
Name the four kinds of forests, the Forest Act deals with.
Nighttime shallmean1Opm.to bam.
Yes, the locationof Patil'shouse fallsunder the SilenceZone. Answer:i) Reserved forests:I Villageforests;ii) Protectedforests:iv) Non-Govermmentor
c)A person passing through a Sanctuary along a public highway, enters into a
Sanctuary with PrivateforeSIS.
The 42nd Amendment to the Constitution of India deals is called as two Fold Provision'.
weapons and some explosive chemicals. Soon he leaves a fire burning in the Sanctuary in a
manner to endanger it. Explain.
i) Give the purpose for which the Wild Life Warden can grant a permit to enter or reside in Answer:The "Two-Fold"provisiondealingwith the environmentpollutionwhich isgiven inthe
a Sanctuary.
42nd Amendmentof the Constitutionof IndiawhichincorporatedArticle48-A and51-A(g)_E
Answer:i) Investigation/studyofwildlife.i) Photography.ii) Scientificresearch.iv) Tourism. Responsibilityof the Stateand thecitizensforprotectionof environment.
i) What are the restrictions under the Wild Life Protection Act for gDefine Air Pollutant' as defined under the Air Act.
causing fire, entry with
weapons or explosivesubstances,in a Sanctuary? Answer:Underthe Air Act,1981'airpollutantmeans.any solid.liquidor sasecous
subsiance
Answer Causingof fire in a sanctuary_prohibited.Prohibitionof entry into sanctuary be or tend to be
ineiuding noise) present in_the_atmospherein _such concentrationsas may
weapons exceptwith previouspermissionin writingof Chief Wild Life Warden.Ban on usewith
of Murious to humanbeingsor otherlivingcreaturesor plantsor propertyor envIronment,
explosivesubstancein sanctuary. h) Name two activities prohibited under the Coastal Regulations.
Setting upnew industries, expansion of existing one. 1
Q.4: Answer thefollowing(Any Four): Answer )
up of unitsof aisposa
a) Analyse the salient features of the Wild Life Protection Act. 48 nuracture/handling/storage/disposal of hazardoussubstances.i) Setting
b) Discuss the powers of the Central Government to take
measures to protect and ofwaste effluents. iv) Discharge of untreatedwaste.|Stateany NOJ.
environment under the EnvironmentProtection Act. improve the Deseribe the provision of appeal under the WaterAct.
bytheaggrievedpersonagain
c) Discuss the Constitutionalprovisions with
respect to environment protection. er:he provisionof appeal underthe Water Act Appeal Authoritywithin50 aays ron
d) Discuss in detail the salient features of the Water Act. appealtothe Appellate
e) Analyse the salicnt features of the Air Act. O the StateBoard,may preferan
order.
Explain the meaning and procedure of "Authority"underthe lHazardous Wastes )What is the Polluter Pays Principle ?
Rules
 the various Areas/Zones as
the
various
245
tegorised by

Answer : lt means that, theOOute

244 Prakash K. Mokot
Author-Prof,
eXIendsnot onlyto
i)
Zone ?
Name

1Swer:
ertain areas around
whereno objectionables s and
Noise Pollutio
schools, hos Author-Prof.P
Jlution Rules. ash K. Mokal
What
Nhat isis SSilence
compensatethe victime absoluteliability
liabilityfor
for harm to
harm to the environment
he environmental
to
degradation,
Ases
free zone
ds of traffic courts of law a
d. SilenceZoneis the arcaaround
Compensatethevictimsof pollution,but also,the cost of restoringinC the hospi.ioms,specified
arcards in thatarea,whereno kind of noital
loud speakers
unde Con das "hi1se
Cular trarfic., Rules by work, elc.
const r uct i o n
Q.2: Write shortnotes on the following(Any 20.
a) Oleum Gas Leak Case. Four): person ispermitted

the
b) Disaster Management. honking of homsdisplbyaving
c) Coastal Regulations. ver thefollowingIAnyFourl:
uss the constitu proviaions with resp any
d) Sustainable Development. a)lain the Penal Provisions under the
e) Hazardous Waste Rules. e Water Act. VIronment protection. 48
b) in salient features ot
the salient
detail the
Ehvironment
Stockholm Conference. Discuss
blic Interest Lit has Protection-Act.
assumed great significance
Q.3 Solvethe following1Any Twol: =12 d)
In the light of
decided cases. Explain the
abovementioned
in the
field of
environmentpollution.
e) Enumerate the functions ofthe Central Board under the Airstatement.
Act.
public the road and
vavaratri Festival 'Satya ram' group was playing loud music
on

theprovisions for
ns for
Drg
arranged °Dandiya' dance until 3.00a.m. Obiectionswere taken by nearly residents, but the Explain regulating hunting of wild an1mals under
the
organizers refused to stop the programme. Act. Wild Life Protection
i) What action can be taken against the organizers ?

AISWer i An action can be takenunderthe Law of Torts,a civilsuitcan be filed aganstthe

Organizers ror claimingdamagesby the residentsin the vicinity who haveSuffereddueto such
nuisance. |23
ii) When does noise become actionable nuisance? November,2015 (04.11.151
AnSwer : Noisewill be actionabletort, if it materiallyaffectsor intertereswiththe ordinary
comtortof life having regard to the locality.Under Section 133 of the Code of Criminal
make a conditionalorder for
FroCedure, the jurisdiction is_conferred on the Magistrateto With Solutions
preventingnuisance.
b) Rajesh accused of killing an elephant was undergoing
a trial in the court. With reference to Q1:Answerthefollov not morethanTwosentencesl: 20.
Wild Life Protection Act, answer the following: who can take cognizanceof offence and how ?
i) Can any person hunt any wild animal ? Explain. ) Inderthe Water Act,
pernmissionfrom the Chief Aaswer: The Central
Boardor a StateBoard,asthe casemaybe,cantakecounizanceofanoffence.And
Answer: No,any personcannothuntany wild animalwithoutthe prior animalwhichhas become complaintmadebyi)a Boardor
Wild LifeWarden.UnderSection11 of the Act, only the huntingof the Courtcan take cognizanceor any Ofrenceunderthe WaterAct only on
noticeofnotlessthan60 days
dangerous to human life oris so disabled or diseasedas to be
beyondrecOveryand if it found by RvOfficerauthorisedin this behalt by it.or u)any personwhohasgiven
capturedor tranquilised,be permittedin make a complaint
he intendstoinstitution'
the ChiefWild Life Wardenthatsuch animalcannotbe othe Boardthat'educational mean under the Noise Pollution
Rules?
canhunt such animal. claim the
Writingby the ChiefWildLife Wardenand then onlyany person
does
institutionestablishedbythe Centralor StateGovemment
b)What
offence? Can such person
ii) When is killing and wounding any
wild animal not an
Answer:Educationalinstitutionmeansany approvedbythe
establishedby the privatebodyor trustand
body of the wild animal? andincludes any other institution
Answer: It is not an offenceundersub-section(2)
of Section11to killor woundin good faith Governmentforthepurpose ofimparting
knowledge.
otherperson.Undersub-section(3) of Section2,
Act.
under the Wild Life protection
otherthanvenmin,whichhas been
defined
any wildanimalin defenceof oneselfor of any property )Define 'trophy' as
part of anycaptive animal,
the bodyof suchanimalwhichis killed or woundedin defenceshallbe theGovernment AUSWErIrophy means, whole or any
whetherartificialornatural,
andit cannotbeclaimedby thepersonkillingit the
GpLorpreservedby any means, the Air Act.
defined under (including
substance
locality under the liecense granted by of ) Define 'air pollutant' liquidor gaseous
as
means,anysolid,
residential
c)A glucose factory was installed in a
Smoke and ash from the boiler Act.1981'airpollutant' be to numanoems
injurious
appropriate authority,
which seemed to be a strange thing. Answer Underthe Air concentrations asmay be ortendto
deal of atmosphere pollution resulting in deleterious effects on the in such
nOISe)presentin theatmosphere
the factory caused a great was being run property or environnmenl.
OUer livingcreaturesor plantsor
which is
It was also contended that the factory waste
residents of the locality in general. Rules means,"any
around the clock, and hence, causing
booming sound of the
boiler.
What is Bio-MedicalWaste? Bio-Medical Waste animalsorin
researeh

Pollution Rules, what does Day and Night' connote? AnSwer: Medical Waste'aso ined under the ofhuman
beings or
inchuding
categors
i) As per the Noise biologicals, and
immunisation
1Op.m.to lreatment or

Answer : 'Day time shallmeanfrom

6a.m.to 10p.m.and "Nighttime'shall mean SCneratedduringthe diagnosis, testing of
production or
6a.m. VIIeS pertainingthereto,or in the
Dentionedin Schedulel'".
 247.
Author-Prof, PrakashK be the procedure for s
regation and Storage ofAuthor -Prof.
246. Aokal What
would

provide that bio-medical such waste? rakashK. Mokal

wer: The rule
ers/bags at the point. waste shall not mixed with other
les ?
Who is an 'occupier' under the Hazardous Waste
factory or
premises, aa person who
Answer Rule 3 (q) H.W. Rules "An cupier in relation to
the lhazardous waste"
has ated into
treatment and disposal.generation in cordance wastes, it shall be
possession of iransportation,

No with Sch edule

Ontrol overtheaffairsof the factoryor thepersonwhois in to make
appicanon to which
Court
storage

period of 48
hours untreated bio-medicalwaste shall beIlkept
prior its
8)Under Section 22-A of the Air Act,the Board is empowered heyond a the nrovisions
provisions regarding stored
for
restrainingair pollution? Metropolitan Magist
of a Me
) What are

hospitai 1?
"Authorisation'to be taken
inferior to that atory 10he 1or the by the
Hospital Would it be
AISwer: The Boardmay makean applicationto acourt not ?
case the hio-medicalwaste required to be
personfrom emng suchair pollutio . mandatory
bio-medical

dicial Magistrateof the First Class,for restrainingsuch AnSwer: ln n of stored bevond the said period of
the hospitalmusttake
person of th
h) What is Environment Impact Assessment ?
bringingOute POtentialeffeo
ffects authorised
ta ensure thatthe permission of the prescribedauthority 48 hours,then the
waste does not adversely
Answer:Environmental Impact Assessment" means,a procedurefor take
the measures

affect human health irthisbehalfand must

of humanactivitiesonenvironmentalsystem. Water mnlaint received from NGO about a and environment.
Explain "Protection of Action taken in faith' under the
good Act Upo hazardous Industry
AnSwer : Scction59 of the Water Act lavs down that -"No suit or other Iegai procecuIngsshall i Governmentempowered an officer to carry out
theCentral polluting the environment,
o d Doardin respectof i) What doe handling' mean under the Environment Protection
necessary Investigations.
uovernment or any officerof Governmentor any memberor olficer Act or the ru Act, 1986 ? Is the Act
anythingwhich is in good faith done orintended to be donein pursuance of this rulesmade to the
to the
whole of India ?
applicable
thereunder" nder Section2 (d) of the Act "handling
Answe reatment.package, storage. in relationto anv substancemeans, the
S Guestion is out of svllabus as Section 59 is not_includedin ihe syilaoSPrEscribedby the processing. transportation,use, collection, manufacture.
Universityof Mumbai Lransfer or the like of such substance.Yes, the Act is applicable destruction,conversion,offering
10dr to whole of India.
Section 5 of the Environment Protection Act, 1986, what directions
)What does 'Bar of Jurisdiction'under the Air Act mean
i) can be issued?
Answer : Section46of the Air Act,1981statesthat "No Civil Court shall have jurisajctionto entertain The Central Governmentmay, isSue directionsin
writing to
ny suit or proceedingin respectof any matterwhichan AppellateAuthorityconsututedunaerAir Actto i any person,
Drtainingto -i) the cloSure,prohibItionor regulationof any industry, officeror any other
determine.and nojurisdictionshallbe grantedbyany Courtor otherauthorityinrespeLOany action RStOppage
top or regulationofthesupplyOIelectricityor water or any otherservice.operationor process:or
takenin pursuanceof any powerunder Air Act
0.4: Answerthe following(Any Four):_ = 48.
Q.2 Writeshortnotes on the following(Any Four): 20. a) Explain the various proVISions to take samples and procedure to be followed in connection
a) Applicabilityof the Hazardous Waste Rules. therewith under the Air Act.
b) Noise Pollution Rules.
b) Explain the meaning and procedure of "Authorization"under the Hazardous Waste Rules.
c) Hunting under Wildlife Protection Act.
c) Analyze the salient features of the Wildlife ProtectionAct.
d) Air Pollution Control Areas as declared under the Air Act.
d) Discuss the Penal provisions under the Water Act.
e) Offences by the Company under the Environment Protection Act, 1986.
e) Discuss the Powers of the Central Government to take measures under the Environment
) Eco-LabellingScheme and Eco-Mark.
Protection Act.
Q.3 Solvethefollowing(Any Two): =12 The lIndian Constitution is one of the Constitutions in the world having special provisions for
Environment Protection". Discuss
a) Climate change is a phenomenon everyone has heard about and few have woken up to its
potentialthreat. Todaythe myth is that because so many people are talking about climate
change, there
must also be something
not even began to inform its
serious being done about it. The Indian government has
[24]
people about the potential dangers of climate change, leave alone
equip them to deal with the catastrophe ahead. Ignoring climate
change is almost certainly May, 2016 (18.5.16)
going to destroy the economies of the industrial nations. As for India, we will face food famines
and a refugee crisis on an unprecedented scale.
i) Will Sustainable Developmentaid in reducing the above mentioned
problem ? Explain. With Solutions
Answer: Yes, it is the sustainabledevelopmentthat would certainlyaid,helpin reducingthis problem,
Because the main featuresof the sustainabledevelopmentare) Use and 20.
resources;i) Precautionaryprinciple:ii) Object of environmental_protection;conservation of natural
iv) The Polluter Pays
QAnswer the followingJnotmorethanTwo sentences|
principle:v) Emancipationand eliminationof poverty:VI Countriesare assistedwith 4)State any two powers of the State Board constituted under the
ii) Name any two principlesto attain Sustainable Development. financialaid; etc.
Water Act.
Answer:PrecautionaryPrincipleand PolluterPays Principle. Ser ) Power to restrict the applicationof the Act to certain
areas:2) Powerto obtain
b) A news item mentioned that a renowned Hospital was flaunting Bio-Medical Rules. Advise the nformation.[Sections19 &201.
b) What does "Bar Jurisdiction' mean under the Air Act?
Occupier of the Hospital.
 249.
Board have power uthor-Prof.
to enter into an industry? Explain.
Prakasi K. Mol
Prof, PrakashK.
Author-A Mokal n 23 of the Water PollutionA
Does a State

tO Cntertain any
s
right to enter any placelindustry,at all
1974,
any person
Jurisdiction: "No civil court
248.
shall have jurisdicti01
constuted under this
this Act is
5 AnSWC

2all have reasonabletimes withempowered by a State

such assistanceas he
Answer : Bar of Authority
granted by any co ecessato
COnsiders HCceSSary,

whichan Appellate
jurisdiction shallbe
i the industry,what action has to be
procccding in respect ofany matter and no by or undenthis
entering
taken by the officer?
Cmpowercdby or underthisActto
determine,
pursuance of any
power conerred Before

Section 23 (1)c) ofthe W

Water Pollution Act, 1974,the right to enter
in in Under
otherauthorityin respectof any actiontaken AnSwer
stbeexcrcised.
ed at reasonable hours. into the premises
Act pier refuses to sign on sample containers what inspecting officer should do ?
Waste Rules
)Who is an 'occupier' under the Hazardous
in relationto factory or prciSCS, a person wh ection 21(4) (a), theinspecting01icercan ask the
(q)H.W. Rules "An occupier
possession of the hazardo AnSwer:Under
person taking thesamplesto sign on
Ser Rule 3 person who isin
has controlover the affairs of the factoryor the thesample containers,

waste" Environment Protecto

entered into a sanctuary with a
indicated for or
hunters
hope to enter illegally and succeed in
aState the Constitutional amendment
Amendment) Act: 1) Article
48 A -The State endeavour
state shall h) A
group
a few
animals for earning gain on sale of hunted
wild animals
animals. They were carrying
AISwerThe Constitution (42nd forestsand wilanie OI the country trapping
kerosene, etc.
environmentand tosafeguardthe
match-boxes,
weapons,
improvethe sharp
CCtand
) Article 51 A (g) "It shallbe the duty of every
citizenof Indiato procet and mprove the sharpwe to the Wild Life Protection Act, answer the following
ompassion for
-

lakes, riversand wild lite, ang to ac we the rules for authorised entry in sanctuary?
dura environment including forests, r:AuthoriSedentryis theentrywith the permissionofthe Wild Life Warden for all orany of the
livingcreatures"
e) Explain "Day' and 'Night' as per the Noise Pollution Rules.
prohibitionon continuanceO musiesoundor
Such as.1) Investigationor studyotwildlife 2) Photography.3) Scientificresearch.4)
AnSwer : Section 8 of the Noise PollutionRules -
purposes

Tourism. ) ansactionof lawtulbusnesswithany personresidinginthe sanctuary.IS.281.Sucha

Transa
noisewherethe 'day'and 'night'isas follows: to enteror residein asanctuaryshallbeiSsucdsubjectto suchconditionsandon paymentof such
Daytimeshallmean from6am. to 10 pm. permit
prescribed.
be will be taken on the saidgroup for carryvingsharp weapons,match-boxes,kerosene?
Night timeshallmean 10pm.to bam. fecas may
t action
1) Under S. 22A of the Air Act, the Board is empowered to make
an application to which courts for restraining air pollution? nswer: Under Section
50 (c).ofthe Wild Life Act. the Wild Life Wardenthegroup to producefor
applicationto Metropolitan acnectionany captiveanimaltrapped by themand seizeany captiveanimalin respectof which an
Answer: UnderSection22A ofthe Air Act, the Boardcan makean of an offence.
Magistrate'sor JudicialMagistrate'scourtof the FirstClass. nffenceis committedtogether wih trap or weapons,and explosivesusedfor commission
for the punishment.
gDefine "taxidermy' under the Wild Life Protection Act? UnderSection5| theyare liable
whose ? property
Answer: As per Section2 (30)of the Act,taxidermy'means,curing.preparationor preservation
animals are
ii) Trapped
or mountingof 'trophies |S. 39]. Section11(3)also clearlylays dowm
Answer:The trappedanimalsare the Governmentpropertyproperty.
h) What is the Global Warming ? that,evenanimal killedin self-defenceshall be Govenment
Answer: The Globalwarmingis causeddue to pollution,increasedlevelsof carbondioxideand the Environment Protection Act, the Central Government took action against a

othergreen-housegases,etc.heatingupthe earth'ssurface. c) Under

) On which day the Stock Home Conference began and what is the significance of the opening hazardous industry polluting the environment.
Government can initiate action against theindustry?
day ? iUnder what authority Central
appointedforthe purposebythe Central
Answer : The Conferencebegan on the 5 June 1972. It was the first Declaration_ofthe Answer:Undertheauthority ofthe CentralBoardor any officer
InternationalProtectionof the Environment. Board,the CentralGovernmentcan initiate anactionagainstthe industry.
i) Under Section 33A of the Water Act, what directions ean be directions can be given to the industry by
the Central Government ?
i)What ProtectionAct.1986,-the CentralGovernmentmay.
given?
Answer:ii) UnderSection 5 of the Environment
Answer Directionsin writing.Such as, closure, prohibition_orregulationof the industry or any otherauthoritypertainingto -) the closure
Sue directionsin writing to any person, officer process:or i) stoppageor regulationofthe suppi
operationor process/stoppageofsupplyof clectricity,water,etc. pronioitionor regulationof any industry,operationor
Q.2:Writeshortnotesonthefollowing(Any Four): 2. ofelectricityor wateror any otherservice. direetions?
a) Eco-LabellingScheme. ) What are the penal provisions for violating punishablefortem
b) Hunting' under the Wild Life ProtectionAct. WerUnder Section 15 of the EP Act.1986,
a personviolatingdirectionsshallbe with both.Andif the
which may extendto one lakh rupees or
c) Hazardous Waste Rules.
extend to S years or with fine
fail additionalfine of Rs. 5,000/-for everyday.
re to complywith the directionscontinues,
d) Declaration of National Parks under the Wild Life ProtectionAct.
48
e)CoastalRegulations. in the
) Penal provisions under the Environmental Protection Act. 4: Answerthe following(AnyFour):
to Environment
Protection and conservation incorporated

a) Discus: the provisions relating

.3:Solvethefollowing(AnyTwo):_ =12 Indian Constitution. Board under the
Water Act.

a) A State Board officer enters into the composition and

functions of the Central
an
industry in order to
carry out
Dmerate

inspection.
 Define "Air Polluta
under the 251.
Air Act.
250. Author-Prof, Prakash K.
C)Discuss the
provisions relatedtoto
Penal Code and protection and
environmentproce
conservation Moka
under the Indian r:Under Air Act.1981 'air pollutant' thor- Prof.
Prakash
environment

d) Strict Criminal Procedure Code.

AnSWer;
present the atmosphereir
r livingncreaures or plantsor pro means, may
ntrationey solid
beo akush K.K. NMoka
Liability and Absolute of torts and its
property or envi
Environmentalcases. Liability asas provided
provided by
by
Explain with the help of decidca ab
tne law
the
application n the timing of "Day and Night ent. tend tCous
orlend to be
su
bstance(including
e) Have the Noise Pollution
Public Inte Rules been effective in the true sense ? Discuss.
Speciliy

ction8 of the Noise PollutionRules -

the se Pollution Rules injurious to huma
Explain with rof ion has greater significance in the field of environment pollutiont
Explain with reference to decided
cases.
day'
herethe"da and 'night is as follows
shallmeanfrom bam.to 10 pm.
prohibition on contontimuanceof music
Night time shall mean_10pm.to bam. SOund noise
Write short notes on (Any Four):
[25] Environment Audit Report.
INovember,2016 (16.11.16)] a)

b)
Ratalam Municipality Case.
c) Offences by Companies under the Air Act. 20
d) ImplementationofHazardous Waste Rules.
With Solutions e) Rio-de-JaneiroConference
Q.I:Answer thefollowingInot Green House Effects.
a) What
more than Two sentences| =20.
is
'EnvironmentImpact
Assessment'?
ASwer Environmentallmpact Assessment" 0.3:Solvethetolowing(Any Two)
of human activities on environmental means,a procedurefor bringingOut tne potenual of the
of
in ane
newspaper stating that one
one
12
b) Define 'Joint Board' system. effects A news
came

under the Water Act. Bio-medicalwasste in nearby public dustbin on the "Mangala Nursing Home' is
road maintained
Answer Under Section 13 a Joint Board may be causing health hazards to surroundingresidents. by Corporationthrowing its
and thereby
constitutedby an
elnerby two or more Governmentsof
theUnion territoryand the contiguousStates;or b by the agreement
Central
to be enteredinto -a)
Government in respectof
this case can the Pollution Control Board take a
suo-moto action
against Mangala Nursing
c) Define Protected Governmentof the State
Area' under the Wild Life contiguousto such Union Ierrilory.
Home?

. Yes. su0-motoactioncan De taken

Answer : Protected area under Section 2 (24A) Act. Dy ne PollutionControlBoard on the basis of thenews
means, a NationalPark. a sanctuary, a conservation news
reserveor a communityreservenotifiedunderSections 18.35, 36A and 36C of the Wild Life AcCt.
report.
H)What offence is committed by the Nursing Home ?
d) Whatis
'PrecautionaryPrinciple'? offence of PublicNuisanceas definedunderSection268 of the
Answer: PrecautionaryPrinciplemeans. pollutersshould Answer:
i) State processof Segregation,Storageand Disposalof Bio-medicalwaste. Indian Penal Code, 1860.
at its source,and pay for its effects, internalisethecosts of their pollution,controlit
or future generationsto bear such includingremedialor clean-upcosts.,ratherthan forcingotherStates Ancwer:The rule providesthat 1) bio-medicalwaste shall notbe mixed
with other wastes.it shall be
e) Who can declare 'Reserved costs. segregatedinto containers/bagsat the point of generationin accordancewith Schedule II priorto its
Forest'? storage,transportation.treatment and dispoSal. 2) No untreatedbio-medicalwaste shallbe kept stored
Answer: Under Section 3 of the Indian Forest Act, 1927, beyonda period of 48 hours.3) The Bio-medicalwaste shall be transportedonlyinsuch vehicleas may
Constituteany forest-land or waste-land which is the State Governmentis empowered to
Governmenthas proprietaryrights,as Reserved the_property of Government, or over which the beauthorisedforthepurposebythe competentauthorityasspecifiedby the Government.
) Define 'Sustainable Forest
Development'. b) In a Navaratri festival, a Garba Dance programme was continuedafter 10 pm. In high decibels
Answer "Sustainable Development" means. an in the compound of one of the Housing Society regularly. Despite of many complaints from the
mperatives". integration of developmentand environmental
disturbed surrounding localities, it was not stopped.
Definition as given_in BrundtlandReport:"Sustainable i) State proper authority to lodge the complaint and under what grounds ?
Developmentis the developmentthat
needs of thepresentwithoutcompromisingthe abilityof thefuture generationto meet their own meets
8) What is 'Authorization' under the Bio-Medical necds".
the
Answer: Forthe offenceof PublicNuisancethe AdvocateGeneral/tworesidentsofthe affcctedlocality
Waste Rules? caninitiatean action.
Answer:"Authorisationmeans permission
reception,storage,transportation,treatment,granted by the prescribedauthorityfor generation,collection, i) Whatactions can be taken against the Respondents?
GovernmentState Govemmentis!
waste in accordancewith theserules and anydisposal and/orany other form of handlingof bio-medical wer NoiseRules,2000,Rule 2 (c): Authorities Central loud-speaker0 p.m. to u a.i
XII "HazardousWastes" Rule 5 of the Hazardous guidelines issuedby the Central Government".[Chapter - rare PoliceCommissioner:Rule 5 : Restrictionson use of
30)-Punishmentand penalyunaeregO
h) What is Wastes
'Cognizanceof offence' under the EPA Act, (Management
1986 ?
and Handling)Rules,1989 nt to the Policeunder the Police Act, 1861(Section
Section133and 144 ofthe CEPL.10rLn O
Court under
Answer: No court can take cognizance Y can complaintto the Magistrate's
who has given a noticeto the Central excepton a complaintby the Central Governmentor a person 1Orremovalof the PublicNuisance.
Governmentof notless than 60 days, of his intention. y State the remedies under the IPC, 1860.
 253.
Author-Prof, Praka K. Mokal Answer:
'authorizatio. is required ior Author-
disposal of bio-medical Prof
AnSwer : Under Section 133 and 144 of
252.
the Cr. P.C. orders
for removaloI he
public
nuisance
Wher

er
the
:|Nov. 11:Nov. 071.
Noie
the wa
Prakash K. Moka
committedunderSection268 of the IPC. Vame the
z0nes
under
bllution Rules.
violating permitted nor
orms of iluent
C)One of the Hazardous chemicals Factory was
AD$
er:
Drohibitedactivities within CRZ
producing Factory
emission. The smoke and other effluents emitted frOm 's funnel was health
hazardousto two

ee
ate
: May, 09 Nov. 08].
Nov. 13:
the surrounding localities. nswer : an be filed
filed
i) State the Pollution Control Board's Role in this matter. can
appeal
against State Boar
Where order under the
powersand performance
he Boardmay, in the exercise person,of1icCr or authority,andof i Water Act?
of its Answer:

Define ozone layer'.

Iunctions under the Ae writingto any such
L 1SSueany directionsin
Derson, officeror authorityshallbe bound to comply with such all Answer:

i) What remedies available to the to all the questions above are given in the
surrounding JAnswers
Answer Complaintto the StatePollutionControlresidents the P
Board;Complaintto the Policeunder Policc Act, shortnotesonthe llowing (Any Four)
foregoing University Q.
Papers|
rt
ection 30)-Punish1mentand penaltyunderSection32. Theycanco
underSection133and144 ofthe Cr.P.C.fortheordersforremovalo1une r
Magistratc's
be
2 Environment Audit Report
in) State the liabilities of Polluter of Forests underi the Forest Act, 1927. = 20.
factory under the Law or
Categories

10rt b) Gas Leak Case.

Answer: As atort of publicnuisance,causinginjury,dangeror annovanceto tnepuoCnerally.and i c)
Oleum
and disposal of bi0-medical iwa
5 an otfenceagainstpublicrights,safetyorconvenience.Remediesavailable
to Inis publiCnuisanceby Treatment
e) Eco-labelling scheme.
environmentpollution,are-i) injunction,ii) declaration,and ii) ermina
actioOn.
Polluter Pays principle.
Q.4: Answerthe following(Any Four): 48. Two)
a) Discuss fully the procedure of collection of samples, its analysis and submission of
analysis following(Any
report under the Water Act.
0.3:Solvethe 12.
b) Enumerate silent features of the Environment Protection Act, 1980.
sal emitting hazardous gases from its
industry was
a) A che
against the industry for faulting laws, chimney since long. No action
was initiated
DIsCuss
the Indian Constitutional provisions relating to environment protection and
i)the Pollution Control Board take the Suo-moto action against the industry ?
conservation.
d) Examine the principlesof Sustainable Development. . Yes. suo-motoactioncan be taken by the
Pollution ControlBoard againstthe industry.
)he development in the field of environment protection and conservation is mainly due to the Under Section 31A,the Board may,in the exerciseOI Its powers and performanceof its
Judicial dynamic activism. Explain with the help of decided cases. nder the Air Act, SSue any arecronsl Wlung to any person,officeror authority,fiunctions
and such
) Discuss Coastal Regulation Zones Management. person,officeror authorityshallbe boundtocomplywithsuchdirections.
finder Section22A of the Air Act, whereit i apprehendedby the Boardthat,emissionofanyair
pollutioninexcessofthe standardslaiddownbythe Stute Board.islikelytocHuSepollution,the
[26] Boardmay makeanapplicationto a Courtnotnferiorto that ofaMetropolitanMagistrateor
May, 20171 JudicialMagistrateofthe FirstClass,
forrestrainingsuch
the said ?
personfrom emitingsuchair pollution
ii) What offence committedis by industry
Answer:Theoffence of PublicNuisanceas definedunderSection268oftheIndianPenal Code.
iii) State the remedies available to surrounding residents.
ith Solutions
Answer:Actioncan be takenby theresidentsunderSections133 to143 of the Cr.P.C
Q.I: AnswerthefollowingJnotmorethan Two sentences: 20. topreventthe pollution of all kinds.
loud music on the public road and
a) Who is an "occupier' as per the Air Act ? b) During Navaratri festival one group was playing residents
were taken by surrounding
Answer: arranged Dandiya' dance until midnight. Objections
b) How many reports of sample analysis to be made by Government but the organization refused to stop the program.
Analyst under the Water
Act? i) What offence is committed by the group
Answer: Dec.181 definedunderSection268oftheIndianPenalcode.
c) Define 'pollutant' under the Environment Protection Act. Answer: Theoffenceof PublicNuisanceasdangeror annoyancetothe publiegenerally,andit
injury,
Answer a tort of public nuisance, causing or convenience.Remediesavailabletothis pubine nuusane
Oence against public rights,safety
d) Define 'animal produet' under the Wild Life Act.
YCVironment pollution, are -i) injunction,ii) declaration,and il Criminaidcu under the Noise Pollunon
Kuies

Answer: are the permissible decibel limits in

residential zone

e) Define 'Strict Liability' in environmental accident. at

 under the Noise 255.
pefine Silence Zone
Pollution
tals and courts uthor- Prof.
254.
Author-Pro Prakash K. Mok arcas
ound schools Rules.
"ee

Answer:The offenceof
Public Nuisang as definedinunder
tortof publicnuisance,causin injury,dangeror annoyanceto
ction268 ofthe L.P.C. 1862,
publicgenerally,and it A Swer :
or
Certan

NOISE_Free
Zones

allowed
ed
ia

Prukash
tionable soundsof lawof being K, Mokal
OTrence againstpublic rights,safety or convenience.Remediesavailableto thispublicnui an 1ones eIC,are
action. nce by astruction Work,
COCoction the Air Act
of

the classified
oard can make raffic orns. as Silence
injunction,i) declaration,andin) criminal loud
application to which speakers
i)
ere the di
Wherethe e
disturbedsurroundingresidentscan file the complaint?
Under persan

rom causing air pollution

romplaint to the Stateinishment
Pollutionand
ControlBoard; nSwer:/May,16;Nov..15; May, 12: Apr. I1:Oet.091
esiraining

Police Act. 1861 (Section30)- penaltyunderComplaint toThey

Section 32. the Policeunderthe
cancomplaintto is an
"Occupier' under the Water Ad Court for
Vho Nov. 13:Apr. 13; Dec. 12: Apr. 081
trate s
Public Nuisance.Court under Section 133 and 144 ofthe Cr.P.C. forthe ordersfor removalof .Air Pollution' under the Air Act.
Define 'Air
AnSWer:May, 2014).
Agroup of hunters illegally entered into sanctuary carrying
Kerosene, etc. They succeeded in trapping few wild animals. eapous,
a match-box and byycognizanceof offence'
under the EPA
mean

you
T ney were
Caught whila What do
returning and trapped animals were seized. Answer:| Nov..16; Nov. 14 May 12] Act, 1986 ?
i) What are the rules for e 'Animal Article under the Wild Life Act.
authorised entry in a sanctuary
ii) What action will be taken
against the culprit group Nov. 14: Apr..13;Nov., 11: Oct. 09; May 06].
ii) Seized animals Answe

are whose property? Four)

TFor Answers to all the
threequestions, please refer May, 2016 (b) question/answers 2.Write shortnoteson (Any
)Oleum Gas Leak Case.
Q.4: Answer the following(Any Eco-friendlylabelling scheme. 20.
a) Discuss the salient Four):
features = 48. b)
Pollution Rules.
of 'Sustainable Development
b) Enumerate criminal laws c) Noise
role in environment d Stockholm Conference.
the protection.
State compositionand functionsof Joint Pollution Control Board under the Air Act. Hazardous Waste Rules
d) Discuss fully the
procedure followed in collection of samples, its analysis and submission e)
Power of Entry and Inspection under the Air Act.
analysis reports under the Water Act. of
C) Discuss the
3:Solve the following(AnyTwo):
powers of the Central Government to take measures to
environment under the protect and improve the
Environment Protection Act. =12
1) Public interest ntetrs along with his friends in a sanctuary,
litigation has greatest signification in the field of environment planning a pienic with food and liquor.
Explain with reference to decided cases. protection. were having sharp Weapons, matcn-boxes,
kerosene with them. In the They
two among them killed a black-buck. influence of liquor,
What are the rules for authorised entry in Sanctuary and who issues
Answer: Aurhorisedentry is theentrywiththe permissionof the Wild Lifepermision
?
(27] Warden for all or any
of the purposes.such as. 1) lnvestigationor studyof wild life. 2)
November, 2017 (27.11.17)] Photography. 3) Scientific
research.4) Tourism.5) Transactionof law ful businesSWith any person residingin the
S. 28 of the Wild Life (Protection)Act, 1972]. Such a permit to enter or reside sanctuary
in a sanctuaryN
With Solutions shallbe issuedsubjectto such conditionsand on pavment of such fee as may be preseribed.
i) Hunted black-buck will be whose property?
Please check whether
N.B.: 1. Cite case you have got the right question paper.
laws wherever
necessary. Answer:UnderSection39 of the Wild Life(Protection)Act. 1972. huntedblack-buckshallbe
theproperty of the StateGovernment,and, wheresuchanimalis huntedinasanctuaryor National
Q.I:Answer thefollowingInot morethan Two Park declaredby the CentralGovernnment,it shallbethe propertvoftheCentralGovernment.
sentences|: = 20.
a) What is EnvironmentImpact
Assessment? in)What action will be taken against N and his friends?
Answer:Nov..16; Answer : UnderSectionSI of the Act, they shailbe guiltyagainstthis Act and shal.
b) Which AmendmentNov., 15; Apr..13: Nov.. 10: Nov.;08: Apr. 08].
to the Indian OnVICLion, be punishablewith imprisonmentfor a term which shallnot belessthanthree vears
Constitution has a two-fold IB12ack:
protection? provision for the environment ay cxtend to seven yearsor with tine whichshallnotbeless than 10,000-rupees.
Answer:May, 16: Nov., 13; Dec.,12; Apr. 11 buckis an animallistedinthe listof animalsprovidedunderSehedule-i
c) What is the 'Joint Board'
under the Water land
Act, 1974? solid and liquid waste on
Tanneries at a river bank discharging untreated
Answer:[Nov.,16
d) Define 'Sustainable
e o the
area highly polluted.Surroundingresidents
verc

Development'? Water of the river causing surrounding

fed up with this nuisance.
Answer:[Nov. 16: Nov., 15; Nov..14: May, 14: May,
12]. 1 What are the remedies available to nearby residiens
Sections133 to I450I nec
Action can be takenby the residentsunder
 Author-Prof, Prakash K. » 257.
With SolutionsAuthor-
to preventthepollutionof
ii) What action will
be
all kinds.
256. Mokal rof. Prakash K.
taken against
Answer)To stop dischargingúntreated defaulting 1a
solid Irom neries into the river: 2)
Please check whether you haves
laws wherever
necessary. got the ght question
Mokal
Sub-DivisionalMagistrateto use his power under 23f the Cr.P. C. to abate Cite
case

the nuisanceso causcd. Section 9D : 1)

hetollovwing
pape
the following(not more tnanTwo sentences):
N.B.
(
iii) Cite similar
a
decided case. o.1:Answer

Answer : ) Ganga Pollution(Tanner Case (M. C. Mehtav/s.Union of India, AIR, 1988, S. C. a)What is global
warming
05 2) Ratlam Municipal Corporationv/s. 18: May, 16; May, 15; May, 14; 0.
JusticeKrishnalyer,(C.J. of the Vardichand,AIR. 1980, S. C. 1622 [decided by Answer:Dec.
in Nov.
10: Oct. 09
SupremeCourt)l is'action taken good faith' under the Air Act ?
One
newspaper reported that a Nursing Home in a city throwing its B10-mcdica
[Apr. 13: Dec.12NOV I1Apr.I1: Nov. 10.
Define Nuisance.

waste in a public dust-bin on a foot-path. This was causing serious health

hazards
surrounding residents and by-passers. to
Answer : Nov. 051
Eco System ?
What is
s reported news, can Pollution Board take
Answer:Eco-system neans a collectionof livingorganisms,
a Control a suo-moto action against the d)
Nursing Home ?
their
Answer Yes, suo-motoactioncan be taken by the Pollution ControlBoard on the basisofthe
news report.
habitat and their interacti
Define 'sanctuary
in a self-containedand
under the Wild Life Act, 1972.substantialmannernecessaryresourcesand their
1) What is the r Section 2 (26) of
proper procedure of Bio-medicalwaste
disposal?
AnSwerThe rule providesthat 1) bio-medicalwaste shall AnS on under the provisionsoIthe Act, sanctuary means an area declaredas sanctuaryby
not be mixed With other wastes,it ChapterVOf thiS Act, and shall also includea
of Section66.
D Segregatedinto containers/bagsat the point of generationin accordancewith ScheduleII sanctuaryunder suD-Section (4) deemed
Noise
prior to its storage,transportation,treatmentand disposal.2) No untreatedbio-medicalwasteshall o State Four
effects of Pollution.
bekept stored bevond a period of 48 hours.3) The Bio-medicalwasteshall cwer: Noise pollutionaffectsboth,healthand behavior.
Such vehicleas may be authorisedfor the purposeby the competentauthority betransportedonly in Unwantedsound (noise)can damage
physiologicalhealth.It can causenyper tension,high stresslevels,
Government. as specfiedby the tinnitus,sleep disturbancesand
otherharmful effects
iin) How much period the bio-medical
procedure should be followed ?
waste can be kept untreated and beyond that what gWhat is "Inter-generational equity'?
Answer : Inter-generationalequity1n economiC.psychologicaland sociologicalcontexts.is the
Answer: No untreated bio-medicalwaste shallbe kept storedbeyonda conceptor ideaof faimessor justiceberweengenerations.The conceptcan also beapplicdt
case the bio-medicalwasterequired to be stored beyond the said periodperiod of 48 hours.In
of 48 hours.then the fairnessbetween generations Currentlyivingand generationsyet to be bom.Thus,inter
authorised person of the hospital_musttake permissionof the prescribedauthorityin this behalf generationalequity 1s the bcnefitsof governmentprograms enjovedby one_generationwhich
and must take the measuresto ensurethat the waste does not adverselyaffect human health and imposesrisks and costs on future generations.
environment.
To be added in the Chapter "Sustainable Development"
Q. 4 Answerthe following (Any Four):_ = 48. Environmental Usage-
a) Enumerate the
powers of the Central Govermment take measures to protect and
Inter-generational equity is often referred to in environmental contexts, as younger age cohorts
inprove
environmentunder the EPA, 1986. "a cohort of civil servants patientlydrafting
b) *Public Interest Litigations have greater significance in the ficld of environment
(a group of peoplewith a shared characteristic (i.e.the negative consequeneces of
evironnmental
protection" egislatio1) will disproportionately experience
Explain with the decided cases.
damage.
cExplain provisions of environment protection under the Indian Penal Code.
d) Discuss the penal provisions under the Water Act. h) Define 'hazardous substance' under the Hazardous Waste
Rules.
e) Explain the various provisions to collect effluent samples and procedure to be followed in substance meansposingeminentandsubstantialdanger
to publiehealthand
AnSwerHazardous
connection there with under the Air Act. environmente.g. paints,cleaningchemicals.etc.
f) Discuss Indian Constitutional provisions for conservation and Control Board' under the WaterAct.
protectionof environment. Establishment of Joint Pollution
Act, A JointBoardmay be constituted
by an agreementtoDe
ESWer Under Section 13 of the contiguous States,orDDy
more Governments of
C nto - a) either by two or Union territories)and one or more Goernnmen o
nment (in respect of one or more
[28] Contiguousto such Unionterritoryor terTitories.
exceptions. A personcan
be held
[June, 2018 (08.6.18| Define Strict Liability.
absolute liability without any Courthas introduceda ne
dDllity means Supreme
negligence or fault on
his part. The
liable thoo is no without any exe
ere (absolute/strict liability
auit liability standard
 Author-Prof. Prakash K, . M.
Mokal 259.
258. Thus, : (c) be assignedby way Author-Prof,
lease or otherwiseto any privatepersonPrakashK. Mokal
n Ravlandsv/s. Fletcher Case) for industriesengageu
Union of lndia, & Shreeram
a NCw Rule nization owned, managedororcontrolled or to any authorityor
absolute liabilityintroducedin M.C Mehtavs Foods and n naturallyin thatland or portion,for by Government;(d) be clearedof trees which have
zer industriesvs. Unionof ndia,(4LR.1987S. 902. i) Who will be fnable in case of default ?
the purposeof using it for re-afforestation.
Q.2:Writeshortnotes [Any Fourl Answer: Whereany offenceurnder this Act has been
a) Eco-Mark. 2 comnitted-a)by any department of the
tovernment,the head of thedepartment;or b) by any authority,
rant of Authorizationunder the Bio-MedicalWaste Rules. theoffencewas committed,wasdirectlyin charge of, every personwho.at the timeof
c)United Nation's Declarationon Right
to and was responsible
conductof the bus1nessof the authority,as wellas, the authority.(Section to, the authorityfor the
d) Public Trust Doctrine. Development 3B).
e) Doon Valley Case. ii) What is the penalty 1or contravention of provisions?
Need for wild life conservation. Answer:Whoevercontravenesor abetsthe contraventionof any of the provisionsof Section2.
shall be punishableWith simpleimprisonment for a periodwhich may extendto fifteendays.
Q.3: Solvethe followingIAnyTwol:- 12. (Section3A).
a) Mumbai Cotton Mill is situated near Devotional music is
The populated area. Surrounding residents want to c) played using loud speakers every day from 4am to 11 pm in a
temple.
lodge the complaints against the said Mill which is emitting toxic gases, particulate People living in the neighbor-hood complain of noise pollution. The temple management
with blaclk smoke matters argues that playing devotional music is their constitutional right.
) Which is the
through its Chimney which cause health hazards.
proper forum to lodge the complaint ? i) Can action be taken against the temple management ?
AnSwer:Under Section 22A of the Air PollutionAct, 1981,where iL IS apprehendedby the Answer Both,penaland civilactioncan be taken againstthe templemanagement.Offenceof
Onon ControlBoardthat, emissionof any air pollutionin Public Nuisancecommittedunder Section 268 of the Indian PenalCode, 1860andthe civil wrong
Lne StateBoard,is likelyto cause pollution,the Board mayexcess of the standardslaid down by
make an applicationto a (Court not of PublicNuisanceis committedunderthe Law of Torts.
nferior to that of a MetropolitanMagistratefor restrainingsuclh ii) What plea temple management will have in this case
airpollution/toxiegases.Under Section 31A, the Board may, in person/Vill from emittingsuch
Answer Theact of Public Nuisancecannotbeexcusedon the groundthatit has some benefitsor
the exercise
performanceof its functionsunder the Air Act, issuc any direction'sin of its powersand
OTlicer or authority,and such person,officeror authorityshallbe writing to any person, religiousadvantages.
bound to comply with such ii) Cite similar case law.
directions.
ii) What action will be taken
against the Mill by the
Answer:Sal1auDeheldCase(Ringingofthe Chappelbell.
Answer: Complaintto the State Pollution Control Board;authority ?

PoliceAct, 1861 (Section30: Complaintto the MetropolitanComplaintto the Police under the Q.4:Answerthe followingJAny Fourl 48.
a) State the role of judicial activism in protection and improvement of Environment in India.
133and 144 of the CrP.C. for the Magistrate'sCourt under Section
orders removalof the Public Nuisance.
given to stop emissionof toxIC gases and for
b) Enumerate the powers of the Central Government under the Environmental Protection Act.
Directionscan be c) Elaborate the various functions of the State Board under the Water Act.
Court can take cognizanceonly on the take appropriatemeasuresto releasetoXIC gases.
authorityor officerauthorizedin this behalf.complaintmade by the Central Government or The any
d) Explain the procedure of collection of emission samples, its analysis under the Air Act and

iii) What directionscan

Section
be given to the Mill under 19 of the EPA Act, 1986].
action against defaulters.
e)Enumerate the various authorities in detailunder the Wild Life Act.
Answer: Under Section 5 of the Environment Section of E.P.A. ?
5
(Protection) Define the 'Sustainable Development'and evaluate
may (throughthe constitutedauthority Act, 1986, the CenuralGovernment
any person, officer or appointedfor the purpose). issue directionsin writingto
authorityof the Mill for - i)
industry,operationor process;or in) closure, prohibition or regulationof any
anyother Scrvice. stoppageor regulationof the supplyof electricityor [29]
water or
Mav 17: Nov. 16:May 160: Nov. 15: Nov. 14: December, 2018 (13.12.18)1
b) A State Government
Apr 13; Nov.07:Nov.051.
de-reserves
approval and permitted deforestationinReserve
a
Forest without the
Central Government's
irrigation purpose. order to construct a
danm for power With Solutions
i) What are the restrictionson the generation and
Forest Conservation Act? de-reservation of Reserved Forest under Section 2 of the Please check whether you have got the right question paper.

Answer:Restrictions N.B. : 1. All questions are compulsory.

ISection2 of the Foreston the de-reservationof forests or use of forest land for 20
(Conservation)Act, 1980) () No State
without the prior approval non-forestpurpose Q.1:Answerthefollowings(not more than Two sentences:
of the Central
reservedforest or any portionthereof shall(Govemment, Government
shall make any or other author a) Define strict liability.
cease to be reserved: order directingthat any
(b) be used for any non-tores
 Author-ProL PrakashK,Moka 261. Author-Prof.Prakash K. Mokal
260. exceptions.A personcan be held Twol:
Answer: StrictLiabilitymeansabsoluteliabilitywithoutany 3: SolvethefollowinglAny
introduced
Cd ar
Lablethough there is no negligence
gence or part.TheSupremeCourthas
or fault on hisparl- appeared in one oi the
=12.
o faul" liabilitu.e withoutanyexceplionswnicn were rec0gn
nized News news-papersstatingthat one Aditya Nursing Home' is
ndard(absolute/strictliability a New its Bio-medical waste in public dustbin maintained by putting
aciviues. Ihus,
o0ds Rule
n KAavlandsV/s.FletcherCase)forindustries engagedin hazardoUS causing health hazards to surrounding residents. Municipal Corporation thereby
O1absoluteliabilityintroducedin MC Mehtavs Union of lndG, & reeram Foo _and In this case, can Pollution Control Board take
i) suo-moto action
b)
erulizer
What is
Industriesv/s.Unionoflndia,(A.1.R.1987S.C. 963)
inter-generationalequality ? Answer: Yes,in thiscase,the state Pollution Control Board can takeagainstthe NursingHome?
suo-motu actionagainstthe
Nursing Home. In cases of apprehendedhealthhazards,for thepurposeof restraining
ergenerational equityin ecconomic,psvchologicaland sociologCalconleXIS,is tho from causingair polution,the Board may make an applicationto a Court of Metropolitanpersons
pt or idea of fairnessor justice between generations,The concepteal SO DE applied to
etween _generations currently ivingand generations Yet o DD nus, inter. Magistrate for restrainingsuch personresponsiblefrom emittingsuch airpollution.
ii) What offence is committed by the Nursing Home?
oal equity is the bencfitsof govermment_programsenjoyeaDy O ENCrauOn which
mposes risksand costson futuregenerations.
To be added in the
Answer : The NursingHome hascommittedtheoffenceof PublieNuisanceunderScction268 of
the IndianPenalCode,1860.
Chapter "SustainableDevelopment ii) State the process of storage and disposal of bio-medical waste.
EnvironmemalUsage
nter-generational equity is ofien referred to in enviromental contexts, as yonger age cohorts (a
Answer: The Bio-medicalwasteshallnotbe mixedupwithotherwaste.It shallbesegregated
8roup of people with a shared characteristic (i.e. "a cohort of civil servants patienily drafing intocontainers/bagsat the pointof 1tsgenerationpriortoitsstorage,transportation,treatmentand
eg'staton) willdisproportionately experience the negative consequences envuonmental disposal.No untreatedbio-medicalwasteshallbekeptstoredbeyondaperiodof 48 hours.The
damage Municipal bodyof theareashallcontinueto pickup the segregatednon-bio-medicalsolidwaste
c)Whatis global warming? generatedin hospitalsand nursinghomes,as wellas, dulytreatedbio-medicalwastesfor disposal
Answer:June,18: May, 16; May,15:May, 14; Nov.10; Oct. 091. at municipaldump site.
INov. 17; Nov. 16; Nov. 15; May, 12; Nov. 11; May, 091
d) What is 'protected area' under the Wild
Life Act?
Answer:Nov. 16; Nov.051 He is
e) What is PrecautionaryPrinciple? b) Antony accused of killing a Chinkara from a sanctuary without hunting permission.
undergoing trial under the Wild Life Protection Act.
Answer:Nov.16; Nov. 14; Apr. 13:Apr. 07]
1)Specify the timing of 'Day and Night' under the Noise Pollution Rules. i) Under which provision, Antony is liable?
Answer: Nov. 16; May, 16; Nov. 13:Apr. 131.L Answer Antonyis liablefor punishmentunder Section51 and shallbe punishablewith
g) Who is an "occupier' as per the Air Act? for a term whichshallnot be less than oneyearbut may extendtosix yearsand also
imprisonment
Answer: May. 17; May, 16; May. 15;Apr. 10L less than Rs.25.000
with fine whichshallnot behunted
h) Which day is celebrated ii) Which animals can be with permission under the Wild Life Act?
Environmental Day? and why?
as
human lifeoris so
Answer:World EnvironmentDay (WED)also calledEco Dav iscclebratedon the 5June,every Answer: lf any wild animalspecifiedin ScheduleI has becomedangerousto
proper permission,
huntedwith the Life Act?
disabled or diseasedas to bebeyondrecovery,can beunder
year. It is the United Nation'sprinciplevehiclefor encouragingawarenessand action for the the Wild
protectionof our environment. ii) Who is authorized to issue hunting permission
Define ozone layer. Answer The Chief Wild Life Wardenif so satisfied,may by order, Act.
in writingand statingthe
Section11 of the
Answer:lt is a layerin theearth'sstratosphereat an altitudeofabout 10 km (6.2 miles) reasonstherefor.permitany personto hunt such animal.
containingahigh concentrationof ozone which absorbsmost of the ultravioletradiationreaching IMay, 15).
Dandia dance with
the earth from thesun. [May,17. festival of the 'Dandia Dance' group arranged
one
i) How many sample analysis reports c) During the Navaratri
continued till midnight thereby causing
noise pollution
to be made by government analyst under the Water Act? loud music on public road and it was
Answer:Under Section 22 of the Water Act, when asampleofany sewage or trade effluentis disturbing surrounding residents.
sentfor analysisto the laboratoryestablishedby the CentralBoard or State Board,the concemed i) What action can be taken against the Dandia group?
noise_pollution:
Board analysthas to analysethe sample,and submita report ofthe resultof such analysisin State PollutionControlBoard for
triplicateto theconcenedBoard, Answer: Complaint can be madeto the (Section 30). The residents can also complaintto the
Complaint underthe Police Act, 1861 for the ordersfor removal of the
Magistrate's Courtunder Section 133 and
144of the Cr. P.C.
Q.2 Writeshort notes onthefollowing[Any Fourl: 20.
a) Public Trust Doctrine. Publicnuisance.
which offence ? PenalCode,
b) Grant of Authorization under the Bio-Medical Waste Rules. ii) Under
definedunderSection268 ofthe Indian
c)Oleum Gas Leak Case. Answer: 1Theoffenceof PublicNuisanceas
Rules.
d) Green House Effect. 1860. provisions under the
Noise Pollution

e) Stockholm Conference. ii) State the concerning penal

Eco-labelling Scheme and Eco-mark.
 262. Author-Prof PrakashK.Mokot 263.
aroprietary rights, or to the whole
ser0Rle 2 (c) of the NoisePollution(Regulationand Controlkues2 Authoritics has Author-Prof
or any part
Governmentis entucd,a reserveforestin the akash K. Mokal
of the forest-produce
State Government/DistrictMagistrate/Police
loudspeakers(10pm. To CommissioneLe e 5: Restrictionson use Who is an Occupier' under the Water Act manner erenafter provided. of which the
IMay, 17; Nov. 06am.).
16; May, 15; May, 14; Answer [Apr. 08 May, 0
Apr. 10; Nov. U5J. ) What is "Global Warming? Dec. 12: Apr. 13; Nov. 13: Nov. 171.
Q. 4: Answer the following
LAny Fourl 48. Answer [Dec. 18: June, 18; May. 16; May. 15;May, 14:
n roleof Judicial Activism in protection and improvement of environment in India,
Nov.10: Oct. 091.
EXplain
action
the procedure of
collection of emission samples and analysis under tne Air Act and 0.2: Write shortnotes [Any Fourl:
against defaulter
Occupiers. (a) Polluter pays principle
C)Define "SustainableDevelopment' 20.
and its the Criminal Laws.
evaluate under (b) Environment Impact Assessment.
atate the provisions for environment protection salientfeaure (c) Ratlam Municipality.
Cnunmerate the
Powers of Central Government to take measures to
proteet ana improve (d) Categories of forests under the Forest Act.
environment under the Environment
DISCuss the provisions Protection Act, 1986. (e) Green House effects.
given in the Indian Constitutionrelatingto environment protection ( Ofences by companies under the Air Act
conservation. and

0.3 SolvethefollowingIAny Twol: 12

In a residential area, one Mr. *X° has opened a Chilly
[30] i.
were
pounding business. Nearby residents
disturbed by intermittent unbearable sound of Chilly
poundingmachine.
June, 2019 (13.6.19)] i) What offence Mr. *X' has committed ?
Answer X has committedthe offenceof PublicNuisanceas definedunder Section 268 of the
IPC. 1860.
ii) What are the remedies available to residents against the said offence?
With Solutions
N.B.: 1. All
Please check whether
questions arecompulsory.
you have got the right question paper. Answer The residentscan complaintiothe Magistrate'sCourtunderSection133 and 144 ofthe
Cr. P.C. for theordersfor removalof the PublicNuisance.Complaintcan alsobemade to the State
Q.1:Answerthe followings(not more than Two Pollution ControlBoardfornoisepollution:Complaintunderthe PoliceAct, 1861(Section30)
ii) Cite similar case law.
(a) Which day is celebrated
sentences) 20. Answer SaltauDeheldCase(Ringingofthe ChappelBellCase)
World
Answer World Environment EnvironmentDay'
as
? and Why? ii. In one of the village there is no "door to door' or community collection of solid waste. The
year, It is the United Nation'sDay (WED)also called Eco Day is celebratedon the 5" June,
principle vehicle for encouragingawareness and action every
protection of our environment.[Apr. 10:; Dec.
Municipal solid waste was dumped in an open area mainly in the outskirts of the village. Due

(b) Define Nuisance 181. for the to dumping of the waste on open land, the ground water of some area was contaminated.
in the context of i) To which authority the aggrieved residents can complaint against the contamination ?
environment pollution.
Answer: Nov. 05: June, 181.
(c) Define Trophy' under Answer Actioncan be takenby theresidentsunderSection133and 143 of the Cr.P.C.
the Wild Life Protection ii) Under which legal frame, the action will be taken against the culprit ?
Act, 1972.
Answer: Nov. 101
(d) Define Answer UnderSection 277 ofthe IPC, 1860foulingwater of publicspringor reservoir.Action
"Hazardous Substance'.
Answer: June,18 canalsolie for PublicNuisancecanbe takenagainsttheculprits.StateBoardconstiutedunderthe
(e) What is *Absolute
Liability' in case of environmental
water Act.1974canalsotake necessarystepsto preventwaterpollutionby takingsampleso1the
Answer : May, 121 accidents ? contaminated water.issuenoticeto the concemedMunicipalauthorities,cte.
ii) What action will be carried out against the defaulters?
() Define ECO-MARK'.
Answer: Answer: 1) Municipalauthoritieswillbeaskedto stop dumpingof the solidwaste in an openarea
(g) State
[Oct.09;Nov. 13; May, 14; May, 151. Sub-DivisionalMagistrateto usehis powersunderSection133 of the Cr.P.C
two major effects of Noise Pollution.
Answer :June, 181 In one of the case, the lease was granted to an area plantation in the past. The
for Areca nut

(h) Define 'Reserved Forest' under the renewed, and with the growth
Said area was surrounded by the thick forest. The lease was not
Forest
Answer : Reserved forestsare the protected ConservationAct. of the plantation the increasing activities of the people
and vehicies started damaging the thick
of protectionfrom any forests with the naturalhabitatthat has high
kind of huntingand poaching. forest.
degree ?
forest-landor waste-landwhich is the propertyof TheState Governmentmay constitute of forest environment
) How non-renewal of the lease relate to the damages
Government,or over which the Government any
 264 Author-Prof,PrakashK._
a kal
the four kinds of forests under265. Author-Prof
Answer
cause
lease of the land is grantedfor a particularperiod,and on certainconditionsas
degradatian noi Name
AnswerNov. 06; Oct.09; May,151.
the Indian
Forest Act. akash K. Mokal
OeSt Any violationoftheseconditionsshallresultintone Cancelationofthet what is the extent of EnvironmentProtection Act, 1986
lease for the purposesof protectionof forest
environmen.
11) What is the role of concerningState in this matter
nswer: Environmentthe 2
(Protection)Act. 1986extends to the whole
Answer : Underthe ForestAct, the State Governmenthas to seek permlSS10 rOm the Centra of India-Section1(2)
Government for Q.2: Write shortnoteson the followingJAny Fourl:_
ii) Cite similarrenewal
case law.
of thelease. a) SustainableDevelopment.
20.
Answer : Silent Valley Case. b)'Hunting'underthe Wild Life Protection Act.
c)Power to Entry and Inspection under the Air Act.
Q.4:Answer the followingJAny d) Noise Pollution Rules.
Dunerate
Fourl
the powers 48. e) Bio-Medical Waste Rules.
of the Central Government to take measurcs10POcCon
provement of environment under the Environment Protectiorn Act, 1900. and
(D) Evaluate the
) Eco-labelling Scheme.
provisionsfor environmentprotectionunder the criminal laws.
CDiSCuss the functions
of the Pollution Control Boards under the Water Act, I974.
(a Explain the significance of the Indian constitutional
.3: SolvethefollowinglAnyTwol:
protectionand conservation. provisions relaing to Cnvironment al Mr. Mahesh enters into a sanctuary and is accused of 12
(e) Analyse the salient features Does the Wild Life Protection Act killing an elephant.
of the Wild Life Act, 1972. permitHunting? Explain.
DiseusSS fully the procedure followed in collection of effluentsamples, their analysis, Answer:Under Section1| of the Wildlife
ofanalysis report
1986.
and action taken against defaulters under the Environme submission
Protection Act, permittedby the Chief WildlifeWarden.in (Protection)Act, 1972.huntingof wild animalsmay be
certaincases
ii) When is Hunting not considered an offence?
Answer1)Whensuch an1mal has become
as to be beyond recovery Section I1: 3)dangerous
Animal
to humanlife, or 2) is so disabledor diseased
specifiedin a permit grantedby the Wildlife
31] Warden for the purposesof a) education.b) scientificresearch.c) scientificmanagement.etc.
INovember,2019 (27.11.19))_ Section12ofthe Act.
b) Ashish complained to the Central Government against Hazardous industry
of the environment. alleging pollution
With Solutions i) Under the Environment Protection Act, 1986, how can the
industry justify
Answer On the groundthat the industry has complied with the procedure"Handling'
Please check whether ?
N.B.: 1. All you have got the right question paper.
questions are compulsory. compliedwith proceduralsafeguardsfor handlingthe hazardoussubstance. for handlingand
Q.1 Answerthefollowings(not morethan ii) What directions can be given to the pollutingindustry?
Two sentences) Answer The Central Governmentmay, in the exerciseof its powersand performanceof its
a) State the causes of Noise =20.
Pollution. functionsunder the Act, issue directionsin writingto any person,officeror authority and such
Answer: ) Population growth. 2) Growing person,or authorityshall be boundto complywithsuch directions-Section5.
Degradation of environment,etc. urbanization 3) Industrial development..4)
b) What does e) A factory located to the elose residential locality was run for 24 hours
"Cognizance of Offenee' mean under the Water Act? continuously and the
Answer: Nov.10: Nov. 15; Nov. 171 manufacturing process resulted in booming sound of the boilers.
c)Define 'occupier'as defined in the i) Which law would be applicable in the above case ?
Answer:Apr. 10; Air Act.
d) What is Global May.15; May, 16;May. 17: Dec. 18]. Answer: Complaintcan be made to the StatePollutionControlBoard for noise pollution
Warming? Complaintunderthe PoliceAct, 1861(Section30) The residentscan alsocomplaintto the
Answer : [Oct.09:Nov. 10; May.14;
May.15; Magistrate'sCourtunderSection133 and 144 of the Cr. P.C. for theordersforremovalofthe
defined under the May, 16; June, 18: Dec.18; June. 191.
e) Explain 'animal article' as
Wild Life Protection Public nuisance.The offenceof PublicNuisanceas definedunderSection268 of theIndianPenal
Answer: May, 06: Oct.
) How is 'Board' defined 09; Nov.11:Apr.13: Nov. 14; Nov.
Act. Code, 1860.
the Air Act ? 17] ii) Can action be initiated under the law mentioned by you in (i) above? Explain.
Answer:
What
INov. 11; May. 12; Nov. 141. Answer:Yes,actioncan certainlybe initiatedundertheaboveprovisionsof law.Actioncan also
g) does 'ACT' under the
Bio-MedicalWaste Rules mean? betakenunder -(1)Rule2 (c) of the NoisePollution(Regulationand Control)Rules.,2000:
Answer:
h) Explain theMay, 12; Nov.13]. Authorities-State Government/DistrictMagistrate/ PoliceCommissioner:(2) Rule5
meaning of Polluter Pays Principle. Restrictionson use of loudspeakers(10pm.ToO6am.).
Answer: [Nov. 08, Oct.09; May, 15 48.
Q.4:Answerthe following JAny Four
the finctions of the Central Board under the Air Act.
a) Enumerate
 Author-Prof,Prakash .Mokal
266. 267. Author-Prof.PrakashK.
b) Explain the penal provisionsunder the Water
Act
c)Have the Noise Pollution Rules been effective in
Discuss
amination Question Paper Pattern(New)w.e.f.Nov., Mokal
Exa
d) Explain the various
tne
provisions to take samples and P
ures
rocedures to be followed in conne
tion (For Five Years and Three Years 2008 til date. Degree Course)
therewith under the Air Act. under the Environm
This New QuestionPaper Patternconsistsof Four
measures
e) Discuss the powers of the Central Government to take
Protection Act, 1986. Questionsfor 100 marks.
) The Indian Constitution is the first Constitution
isions for
in the world, mapping specific provisior
are as under
the protection and They
improvementof the environment.ENpla
1.Ten short wers (each not more than two sentences)-2 marks each=20
marks;
2. short explanatory/Def+nitional Analytical notes
marks each = 20 marks;
or on
any Four out of Six -

3. Situationbased questionsany Two out of Three (number of sub-division

questions
not more than two each 3 marks) -6 marks each =
-

12 marks
4. Essay tvpe questions/Full questions any Four out of Six - 12 marks each = 48
marks.

N.B
Students please note that, only questionpaper pattern is changed, not the Sylabus. The
Revised Sylabuswhich into effectfrom the Academicyear 2004- 2005 remains
came

the same.
1) Previous question paper patternm which consisted of 40 ohjective questions including
multiple choice/Tick the correct option or Fill in the blanks or State true or false or
Match the following, has been reduced to 20 marks for two sentence answers.
Therefore, students are advised to concentrate more on such questions which are
underlined all through this Book and such questions are also available in the earlier
UniversityExamination Question Papers which are given with their Solulions at the
end of this Book.
each for 10
2) Previous question paper pattern consisted of 2 Situation based problems
marks, have been reduced to each for 6 marks.
3) Question on 4 short notes each for 5 nmarks remains the same.
each for 10 marks,
4) Previous question paper pattern consisted of 2 Full Questions
have been increased to 4 Full Questionseach for 12 marks.

From the above changes, it can Book, will be more usefulto the students
be seen that our

patten.
Jrom the examinationpoint of vieuw according to the changedquestionpaper