Professional Documents
Culture Documents
Environmental Law
Environmental Law
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.
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.
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 ?
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
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
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
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
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
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
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,
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
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,
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
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
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) -
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:
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
similar to
sense
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
S. 274:
Adulterationof drugs: or
change the
enterprisesengaged
the
in hazardousortheinherently dangerous activities. Under this "principle',if any harm
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
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
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
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;
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
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.
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
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
he amount
utilized by such
of compensationcredited to the
Environmental ReliefFund
the
same
time,
every
Nations Environmeni
State
polluted.
emal
on
the needs of the present
"Sustainable strategy, hould
should
reduc
reduce already
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
lands. Threat
to resources
came also trom
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
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
Principle has
now
been
S approach in order to protect the AChon Programme and the Polluter
environment
which
to require
C)In its
strongest lormulations this principle canDe scen
that a proposed
aclhvily cause hat dcd
into the European Community
)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
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
regarding measures
to deal with water pollution control, both,
at the
accordingly prepared
and
put up lo
of
aw
decisionOr tne
of the
ot
Syllabus
ylabus scribed
-
&
& 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
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
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
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
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
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
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
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
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
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
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
-
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:
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
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
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
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.
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
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,
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
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,
-
(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.
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
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
-
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
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.
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
to
84. data
relating
manuais,
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
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
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
the person
in
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
(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
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
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, 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
Oflicial
Gazeltc,
lo
cany
out th
out the uncti CHAPTER-y
in the Laboratorics
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
ection underSection31 A
ay, by to be
established
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.
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
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
provided in this Act, if he proves conse jurisdiction in respect of any matter which on
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
punished
accordingly.
a of
individuals; and
be proceeded
and shall be liable
to association
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
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
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
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
prope
at least on Ce
a
neco
.
an
environmentalistlaw as
Caustic Chlorine and
the
plants located in a thickly populated section of Delhi.
conmplicd
ire beng
Sulphurie acid
wln
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
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
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
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
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
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
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,
entrusted to such
or
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
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
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
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
against
as
well as,
and punished
accord1ngly:
contained in
Was
OTence offence
that, the
nothing offence.
FrOvided that, Act, if he proves of such
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
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
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.
which
110.
Author-Prof PrakashK.Mokal
rules
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,
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
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
.
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
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
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
-
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
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
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
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
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
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
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.
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
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
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
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
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
Wilh
scertainabie
the same.
34 and non-government forests in Sections 35 to 38.
S.8: Powersof ForestSettlement-Offcers=
that is
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.
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
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
such other
as the
State
manner
Govemment
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
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, -
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
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
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:
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
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
date.
meeting of the Committee shall be
threc.
(5) The quorum for the
Plan/Management-Plan.
(2) Every proposal referred to in sub-rule (1) shall be sent to the following address, namely -
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
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
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
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
in good an Section 1
under Sed 01Ience
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,
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.
)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
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
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
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
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.
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
States, the
treaty.
What is globalwarming? 155 Author-Prof. Prakash K, Mokal
it Woula namm the econ
ollution, increased levels
Due to pollution,
like China
not cov
and
inaia ne were
overed by its
make any
aases such as nitrogen, carbon
other
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
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
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
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
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 -
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.
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).
-------
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
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
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
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.
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.
****------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
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
7.
in the name of "Our
Common
port prepared by the World
Commission on
Environment
Developme
and Devel.
20. The---*---
exceeds
CNCeCas ambient noise standards by-- or more as given columns Protection Rules.
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
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
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
and
loitation ofnatural
resources
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,
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
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
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 ?
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.
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
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
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
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
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.
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
Waste Rules.
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
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:
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
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
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.
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
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.
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
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
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
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:
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 the neighbouring
hence, causing nuisanee
ay timeshallmean frombam.ito10 pn. the power of the Board to entry and
Nighttimeshallmean 10pm.to 6am. i)
Explain
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.
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
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 ?
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
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
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
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
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
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
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?
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:
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
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
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
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.
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
(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 -
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