IBS

Sem III
LEB
Environmental Law

By Prof. Kejal Vakharia

Some of the important legislations (Acts, Regulations
and Notification) for environment protection are as follows:
• Constitutional provisions -
https://www.advocatekhoj.com/library/bareacts/constitutionofindia/index.php?Title=Constitution
%20of%20India,%201949
• Law of Torts
• The Environment Protection Act, 1986 -
https://www.advocatekhoj.com/library/bareacts/environmentprotection/index.php?Title=Environ
ment%20(Protection)%20Act,%201986
• The National Green Tribunal Act, 2010 -
• The Air (Prevention and Control of Pollution) Act, 1981 -
https://indiacode.nic.in/handle/123456789/1389?view_type=browse&sam_handle=123456789/1
362
• The Water (Prevention and Control of Pollution) Act, 1974 -
https://www.advocatekhoj.com/library/bareacts/waterprevention/index.php?Title=Water%20(Pre
vention%20and%20Control%20of%20Pollution)%20Act,%201974
• The Hazardous Waste Management Regulations -
https://vikaspedia.in/energy/environment/waste-management/hazardous-waste/environment-mi
nistry-notifies-hazardous-waste-management-rules-2016
Some famous case laws of M C Mehta:
• Below is the list of the cases with their case no filed in Supreme Court of India by M.C. Mehta that
created an impact not just in India but in many other countries. It led to closure of several pollutant
industries and saved the lives of not just many human beings but also animals and plants.
• Protecting the Cultural Heritage
 The Taj Mahal Case
M.C. Mehta v. Union of India and Others
Writ Petition (Civil) No.13381 of 1984
Taj Mahal, one of the wonders of the world and the pride of India was facing serious threat from pollution
caused by Mathura Refinery, iron foundries, glass and other chemical industries. As a result of very high
toxic emissions from these industries, the Taj Mahal and 255 other historic monuments within the Taj
trapezium were facing serious threat because of acid rain.
The Petition was filed in the year 1984. The Supreme Court of India delivered a historic Judgement in
December 1996. The apex Court gave various directions including banning the use of coal and coke and
directing the industries to switch over to Compressed Natural Gas (CNG).
https://www.youtube.com/watch?v=ab3PxinnE-U#action=share – The Man who saved Taj Mahal
Some famous case laws of M C Mehta:
• Making industries Accountable
• Oleum Gas Leak Case
M.C. Mehta v. Union of India and Others
Writ Petition (Civil) No. 12739 of 1985
https://www.youtube.com/watch?v=ab3PxinnE-U&feature=youtu.be
This is a landmark judgment in which the principle of Absolute Liability was laid down. The
fertilizer plant was situated very close to human habitation and the court held that the carrying on
of a hazardous industry in such proximity to population could not be permitted and the factory
was relocated. The deep pocket principle was also laid down in the instant case. This judgment
also ushered in a period of dramatic legislative progress in India. The Parliament added an entirely
new chapter to the 1948 Factory Act, incorporating sections almost verbatim from the Judgment.
The Public Liability Insurance Act was passed and the policy for the abatement of Pollution Control
was established. Moreover, the Environment Protection Act was passed and the Policy for the
Abatement of Pollution Control was established.
 Some famous case laws of M C Mehta:
• Conservation of water from polluting sources
• G
​ anga Pollution Case
M.C. Mehta v. Union of India and Others
Writ Petition (Civil) No. 3727 of 1985
https://www.youtube.com/watch?v=u595vECX1WI#action=share
• Three landmark judgments and a number of Orders against polluting industries numbering more
than fifty thousand in the Ganga basin passed from time to time. A substantial success has been
achieved by way of creating awareness and controlling pollution in the river Ganges. In this case,
apart from industries, more than 250 towns and cities have been ordered to put sewage
treatment plants.
• Six hundred tanneries operating in highly congested residential area of Kolkata have been shifted
out of the City and relocated in a planned Leather Complex in the State of West Bengal. A large
number of industries were closed down by the Court and were allowed to reopen only after these
industries set up effluent treatment plants and controlled pollution. As a result of these directions
millions of people have been saved from the effects of air and water pollution in Ganga basin
covering 8 states in India.
Some famous case laws of M C Mehta:
Protecting the Beas River
M.C. Mehta v. Kamal Nath and Others
Writ Petition (Civil) No. 182 of 1996
• In the State of Himachal Pradesh, Span motel, owned by the family members of Shri
Kamal Nath, Minister for Environment and Forests, Govt. of India diverted the Course of
river Beas to beautify the motel and also encroached upon some forest land. The apex
court ordered the management of the Span motel to hand over forest land to the Govt.
of Himachal Pradesh and remove all sorts of encroachments.
• The Court delivered a land mark judgment and established principle of exemplary
damages for the first time in India. The Court said that polluter must pay to reverse the
damage caused by his act and imposed a fine of Rs Ten Lakhs (Rs 10,00,000/-) on the
Span motel as exemplary damages. The Supreme Court of India recognized Polluter Pays
Principle and Public Trust Doctrine.
Some famous case laws of M C Mehta:
• COASTAL AREAS CASE:

Despite Coastal Zone Regulation Notification of February 1991, none of the

coastal states had formulated coastal zone management plan, with the result
that haphazard construction and industrial activity was being permitted
anywhere in the coast leading to large scale damage to coastal ecology and loss
of livelihood to lakhs of fishermen and other indigenous communities
dependent on marine resources. A writ petition was filed on behalf of Indian
Council for Enviro- Legal Action (ICELA) and the Supreme Court delivered a
landmark Judgement banning industrial/ construction activity within 500 mtrs
of the High Tide Line and set a time limit for the coastal states to formulate
coastal management plans.
Some famous case laws of M C Mehta:
GROUND WATER DEPLETION CASE:
Unsystematic and unscientific tapping of groundwater all over the country had led to
alarming fall in the levels of groundwater and data provided by Ground Water Board
showed a near crisis situation developing in many areas of the country. Further, the
contamination of ground water due to indiscriminate discharge of toxic effluents on
the ground and surface water bodies was going on in an unchecked and uncontrolled
manner and pollution control Boards were not in a position to either assess the
extent of ground water contamination or identify the sources of contamination. The
ground water board had no teeth or legal authority to take action against offending
parties. This matter was taken up in the Supreme Court and vide an historic
Judgement, Ground Water Board had been made into an AUTHORITY invested with
legal powers under the Environment Protection Act 1986 to issue licenses and take
action against polluters even to the extent of closing down of offending industries.
Rule of Strict Liability and Absolute Liability
• Rule of Strict and absolute liability.pdf

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