ENVIRONMENTAL LAW

Meaning

 Reasons : (i) solve problems (ii) regulate the existing system (iii) prevention

 Pollution is the introduction of substances that cause adverse changes in the

environment and living entities.

 Types :
1. Air
2. Water
3. Soil
4. Noise
Laws applicable
 The Water (Prevention & Control of Pollution) act, 1974
Provides prevention & control of water pollution. It provides for maintaining or
restoring of wholesomeness & purity of water in the various sources of water
 The Air (Prevention & Control of Pollution) act, 1981
Provides for prevention, control & abatement of air pollution. Provides for the
establishment of the boards (CPCB and SPCB) at the Central and State levels to
implement the act
 The Environment (Protection) act, 1986
Passed after the Bhopal gas tragedy. It establishes the framework for studying,
planning & implementing long term requirements of environmental safety& laying
down a system of speedy & adequate response to situations threatening the
environment
Rylands V. Fletcher
 The defendant, Rylands constructed a reservoir over his land for providing
water to his mill via independent contractors. There were some old disused
shafts under the reservoir which the contractors failed to notice. As a result
these shafts remained unblocked. When the water was filled in the reservoir, it
burst through the shafts and flooded the plaintiff's coal mines on the
neighbouring land. Though there was no negligence on the part of the
defendant, Rylands, the plaintiff, Fletcher sued the defendant for damages.

 The landmark judgment of Rylands V Fletcher played a vital role in law of torts.
The rule of strict liability propounded in this case has been instrumental in
solving many disputes where the damage is caused without any negligence on
part of defendant.
Strict liability
 Evolved in 1868 – Rylands v. Fletcher
 Principles
1. Non natural use of land
2. Dangerous substance (any substance that causes some harm or mischief
when it escapes from the premises)
3. Escape (should be away from his/her reach)
 Exceptions
1. Plaintiff’s own fault
2. Act of god
3. Mutual consent
4. Act of stranger
5. Statutory act
 Compensation – as per the nature and quantum of damages
Absolute liability
 Doctrine created by the SC after 2 gas leaks - Union Carbide and Sriram Food
& Fertilizers
 When a profit making enterprise is indulged in carrying out an inherently
dangerous activity and if any damage is caused to any party; such an enterprise
will be completely responsible for that damage
 Principles
1. Enterprise
2. Hazardous activity
3. Escape not necessary
 Compensation – it is deterrent / exemplary in nature
 Reasons – (i) the enterprise has a social obligation to compensate those who
suffered because of it; and (ii) the enterprise alone has the resources to discover
and guard against such hazards and dangers
 Difference between Strict and Absolute liability
Basis Strict Liability Absolute Liability

Strict liability arises when the accused person brings any

Absolute liability occurs when any kind of organisation uses
dangerous substances into the organization and due to the
Meaning dangerous or hazardous substances for profit-making activity and
escape of that substance, any harm to any other person is
in that duration, any damage is being caused to any other party.
caused.

Strict Liability covers the following principles: Non-natural Absolute Liability covers the following principles: Enterprise,
Principles
use of land, Dangerous substance, Escape Hazardous activity, Escape not necessary.

Center role Strict Liability undertakes the person. Absolute Liability undertakes the enterprise.

Escape Escape of hazardous substances is necessary. Escape of hazardous substances is not necessary.

Exceptions Strict liability undertakes some exceptions like the plaintiff’s

Absolute Liability does not undertake any exceptions.
own fault, mutual benefit, etc.

Reason behind the rules Rylands Vs. Fletcher Bhopal Gas Tragedy

Scope The scope of strict liability is narrower. The scope of absolute liability is broader
Cases
 T.C. Balakrishnan Menon Vs T.C. Subramanian - an explosive made out of a coconut shell filled
with explosive substances, instead of rising in the sky, ran at a tangent, fell amidst the crowd and
exploded, thereby causing serious injuries to the respondent.
 Crowhurst v Amersham Burial Board - The defendant planted a yew tree on their property,
however these trees were planted very close to the claimant’s own property (approximately 4 feet
away). Over time, the trees grew and eventually the branches grew to the point that they reached
over the fence separating the two properties. Due to this, the leaves of the tree were able to fall on
the claimant’s property where the claimant’s horse was able to eat them. The horse did just that
and eventually died from yew poisoning as yew leaves are toxic to different types of farm animals
such as cows and apparently, horses. The claimant brought an action against the defendant for
damages for the death of his horse.
 Read v Lyons – there was an explosion in the defendant's munitions factory and had injured the
plaintiff while she was on the factory premises. The Rule does not come into play unless there has
been an escape of whatever it is that has caused the damage. "Escape" is one of the two conditions
on which strict liability depended.
 Sochacki v. Sas - he defendant was a lodger in the claimant’s house. He lit an open fire in his room
and then went out. Unfortunately a spark jumped from the fire and set the room alight. The fire
spread to the rest of the house and the claimant brought an action against the defendant. The
defendant was not liable because though the fire was likely to do mischief if it escaped, the use of
an open fire in the claimant’s fireplace was not considered a non-natural use of land. Rylands v.
Fletcher case, collecting large body of water is considered to be non-natural use of land
The Water (Prevention and Control of Pollution) Act, 1974

 The main feature of the Water Act is the control of pollution through a permit or “consent
administration” procedure. Discharge of effluents into water bodies was only allowed by
obtaining the consent of the State Board, within restrictions it poses.

 This Act covers the following aspects of regulating water resources in the country:

1. To prevent and control water pollution.

2. To maintain “wholesomeness” of water, i.e. to maintain the qualities of water so that its
consumption and use by living organisms is not hampered.

3. To establish State Boards for prevention and control of pollution, which gets subsumed
by the Air Act, passed in 1981.

4. To empower the Boards for prevention and control of pollution.

5. To provide penalties for breaking the rules of the provisions under this Act.
Major Sections of the Act
 Section 3 and Section 4: Constitution of the Central Pollution Control Board and State
Pollution Control Boards, respectively, are provided the authority to exercise the powers
conferred to them under this Act.

 Section 13: Constitution of a Joint Board Under this Section, the Act prescribes the constitution
of a Joint Board for pollution control if there is an agreement between (a) two or more State
Governments of contiguous states or, (b) Central Government (representing one or more Union
Territories) and State Governments contiguous to one or more Union Territories.

 Section 19: If the State Board feels that the provisions of this Act need not apply to some parts of
the State, it may recommend the State Government to do so.

 Section 20: This section provides power to the State Board to appoint person(s) on its behalf to
take surveys of any area and gauge and keep records of flow, volume and other characteristics of
streams and wells to perform its functions dutifully.

 Section 33: This section gives power to the Boards to appeal to the courts to restrict certain
actions, if it feels that it is likely to cause harm to water resources in an area. The court has the
power to decide for or against such an application.

 Penalties, various penalties are described pertaining to the contravention of provisions of different
Sections of this Act.
Functions of the Central Board & State Board
 Functions of the Central Board are described, some of which include:

1. Advise the Central Government on any matter concerning the prevention and control of
water pollution
2. Co-ordinate the activities of the State Boards and provide technical assistance and guidance
3. Collect, compile and publish technical and statistical data relating to water pollution
4. Establish or recognize a laboratory or laboratories to enable the Board to perform its
functions under this section efficiently including the analysis of samples of water from any
stream or well or of samples of any sewage or trade effluents

 Section 17: Functions of the State Board are described, some of which include:
1. Plan a comprehensive programme for the prevention, control or abatement of pollution of
streams and wells in the State and to secure the execution
2. Advice the state government on matters of water pollution
3. Inspect and lay down, modify or annul effluent standards for the sewage and trade
effluents
4. Evolve economical and reliable methods of treatment of sewage and trade effluents
India’s Air (Prevention and Control of Pollution) Act, 1981

 The Air Act has the primary aim of providing provisions to abate and control
air pollution in the country, and sets up Boards in the centre and the state to
carry out the necessary steps to achieve this aim. The Boards are given the
power to set up regulations to ensure that air pollution is controlled in the
country. The legislation also gives the Boards power to take action on the
entities that fail to meet the air quality standards that are set.
 Major sections of this Act
 Section 3 - The Central and State Pollution Control Boards have the responsibility to exercise the powers provided under this
Act without prejudice.

 Section 4 - In states where there is a Water Pollution Control Board established, the same shall be given the joint responsibility of
controlling and monitoring air pollution, and will be called State Pollution Control Board.

 Section 5 - In states where there is no Water Pollution Control Board, a new Pollution Control Board will be set up.

 Section 19 - The SPCBs have the authority to declare any area as an air pollution control area, with consultation from the CPCB.

 Section 21 states that no person or entity shall establish an industry without prior permission from the Boards in an air pollution
control area.

 Section 22 states that no person or industry shall emit air pollutants above the standards set by the Pollution Control Boards.
Under this, the Board can even approach a court to gain a restraining order on the industry that fails to meet it’s standards.

 Section 26 gives any officer of the Pollution Control Boards,, the power to take samples from any chimney, duct, etc. for
testing and seeing whether the emissions are within prescribed standards or not.

 Section 28 - This allows the SPCBs to set up State Air Laboratories, either as a new establishment or by declaring an existing lab
as a State Air Lab. These labs have the authority to test the air samples and air quality procedures as described by the standards,
for the SPCBs of that state in their areas.

 Section 37 - states that failure to comply with the rules of Section 21 and 22 will result in punishment that is a minimum of one
year and 6 months, but extendable up to 6 years with fine. If the failure continues, an additional fine of 25,000 rupees per day is
introduced till the time the offence does not stop. If the failure continues for more than a year, then the culprit is punishable by
imprisonment for a minimum of 2 years and can extend up to 7 years with fine.
Functions of the Central Board & State Board
 Section 16 describes the functions of the Central Pollution Control Board, some of which includes-

1. Advice the Central government on matters pertaining to air and air pollution.

2. Advice and support State Boards in carrying out their functions.

3. Carry out research related to air pollution.

4. Through mass media, spread awareness and information about air and air pollution.

5. Plan and organize the training of personnel.

6. Set the standards for Air Quality in India.

 Section 17 describes the functions of the State Pollution Control, some of which are-

1. Advice the State Government on matters of air and air pollution.

2. In collaboration with the Central Board, plan and organize the training of personnel.

3. Carry out inspections in air pollution control areas at necessary intervals.

4. Advice the State Government about the feasibility of conducting industrial activity with respect to air
pollution.
Environment Protection Act, 1986
 The Act covers all forms of pollution; air, water, soil and noise.

 It provides the safe standards for the presence of various pollutants in the environment.

 It prohibits the use of hazardous material unless prior permission is taken from the
Central Government.

 It allows the central government to assign authorities in various jurisdictions to carry

out the laws of this Act.
Important Chapters
 Chapter II- General powers of the Central Government, section 3 specifies the following points,
among others:

The central government has the authority to lay down the standards for different pollutants, and also
the safe limit of emissions or discharge of wastes from industries.

It can restrict the areas in which industries can operate.

It has the power to lay down the safety measures and procedures for the prevention of accidents, and
specify the protocol and remedies if such an accident occurs.

The central government has the responsibility to carry out and fund research on environmental
pollution.

It needs to establish environmental laboratories.

It is responsible for the collection and dissemination of information related to environmental pollution.

The specification of the standards for pollutants and the safe limits for emission/discharge is given
under Chapter II, Section 6: To regulate environmental pollution.
Cont ….
Chapter III of the legislation titled Prevention, Control and Abatement of Environment
pollution has sections specifying the powers and steps that the government can take to tackle
environment pollution. Some important sections under this chapter are-

Section 10 Powers of entry and Inspection allows any person appointed by the central government
the right to enter, within reasonable hours, at any place to –inspect and perform the duties
entrusted to him/her examine and test any equipment, industrial plan, record, register or
document.

Section 11 provides power to take samples and procedure to be followed in connection therewith.
The samples can be collected by the appointed authority. The results of such testing can be
submitted as evidence during an investigation.

Section 12 allows the central government to establish environmental labs or declare existing labs as
environmental labs. Such labs carry out all the testing of samples pertaining to any investigation
under this Act. They also act as the official environmental referrers, for the central government.

Section 15 outlines the penalties of non-compliance

Noise Pollution (Regulation and Control) Rules, 2000
 Recognizing the harmful effects of noise, the Indian government included measures to
abate noise pollution under the Environment Protection Act, 1986. Noise pollution was one
of the categories being addressed under this Act. However, in the late 1990’s, the
government decided to come out with a separate legislation solely focusing on noise
pollution. Thus the Noise Pollution (Regulation and Control) Rules, 2000 were introduced

 Under this Act, the legislation has divided all areas into 4 categories

1. Industrial Areas (A)

2. Commercial Areas (B)

3. Residential Areas (C)

4. Silence Zones (D)

 Each of these areas have an ambient air quality standard (AAQS) specified for day (6 AM to 10 PM) and
night (10 PM to 6 AM) times.
 The State Government has the authority to designate different areas under different categories or “area
codes”.

 The authority to take decisions pertaining to the implementation of these rules is to be designated by
the Central government, and can be the District Magistrate, Police Commissioner, etc.

 It is mandatory that an area of 100 meters around hospitals, educational institutions and courts
be designated as silence zones.

 These rules shall always be taken into consideration before the construction of any project.

 Under this Act, the use of loudspeakers, megaphones, and any other form of public address system has
been regulated. They shall not be allowed to function in public after 10 PM and till 6 AM. Violation
of this can result in a penalty, under provisions of this Act. The authority given the responsibility of
upholding this Act can take action and order the prohibition of the use of any of these articles if he/she
receives a complaint. Non-compliance after the issue of this order, can result in imprisonment.