i

600E220
1–5

ANNAMALAI UNIVERSITY
DIRECTORATE OF DISTANCE EDUCATION

M.Sc. Real Estate Valuation

Second Year

ENVIRONMENTAL STUDIES

CHAPTER: 1 – 5

Copyright Reserved
(For Private Circulation Only)
 ii
M.Sc. REAL ESTATE VALUATION
Second Year
ENVIRONMENTAL STUDIES

EDITORIAL BOARD
Prof. S. Velusamy
Dean
Faculty of Engineering and Technology
Annamalai University
Annamalainagar.

Dr. A. Murugappan Dr. P Kantha Bhabha

Professor & Head Professor & Head
Dept. of Civil Engineering Engg. Wing, D.D.E
Faculty of Engg. and Technology Annamalai University
Annamalai University Annamalainagar.
Annamalainagar.
INTERNALS

Mr. A. Prabhaghar Mr. K. Srinivasan

Associate Professor of Structural Assistant Professor
Engineering Dept.of Civil Engineering
Engg. Wing, D.D.E Annamalai University
Annamalai University Annamalainagar.
Annamalainagar.
EXTERNALS
Dr. V. Arutchelvan Mr. P. Sivarajan
Professor Assistant Professor
Dept. of Civil Engineering Dept. of Civil & Structural
Faculty of Engg. and Technology Engineering
Annamalai University Faculty of Engg. and Technology
Annamalainagar Annamalai University
Annamalainagar.

LESSON WRITER
Mr. G. Senthilkumar
Assistant Professor of Civil
Faculty of Engineering and Technology
Annamalai University
Annamalainagar
 i
M.Sc. REAL ESTATE VALUATION
SECOND YEAR
ENVIRONMENTAL STUDIES
SYLLABUS
The Multi Disciplinary Nature of Environmental Studies, Need for Public
awareness.
Environment: definition; air, land, water, vegetation, acquatic life, climate and
the systems, which interact with nature.
A holistic’ approach to environmental problems.
Social issues and the Environment: From unsustainable to sustainable
development urban problems related to energy.
Role of information technology in Environment and Human Health.
Environment and valuation – Differences between the ‘open market price and
the negative value consequent on environmental impact; environmental issues of
air pollution, acid rain, ozone layer depletion/destruction, water pollution etc.,
environmental statement effects, negative or positive, measures to restore the
damage; cost of cure. Stigma due to environmental factors.
Environmental Ethics: Environmental Issues and Possible solutions
i) Baseline surveys and data collection on environmental levels and pollutants.
ii) Recommended measures for short term reduction and long term elimination
of negative effects;
Outlines of environmental legislation: Forest Act, Mining Act, Industrial Health &
Safety Act, Municipal Acts, Water Pollution Act, Air pollution Act, Environmental
protection Act, Wild Life (Protection) Act, Archaeological Monuments (protection) Act etc.
Case laws on Environmental Issues.
References
1. Suresh K.Dhameja, Environmental Engineering and Management, S.K.
Kataria & Son’s (2003), New Delhi.
2. Guidelines for Environmental clearance of various projects, Dept. of
Environment, Govt. of India.
3. D.K. Asthana and Meera Asthana, Environment problems & solutions, S.
Chand & Co. Ltd. (1998), New Delhi.
4. Cunningham & William, Environmental Science: A global concern Tata Mc
Graw Hill Edition (2010), New Delhi (ISBN-13: 978-0-07-338321-7).
5. Kaushick, Anubhua & Kaushik, C.P, Perspectives in Environmental Studies
New age publishers (P) Ltd (2007), New Delhi.
 ii
M.Sc. REAL ESTATE VALUATION
SECOND YEAR
ENVIRONMENTAL STUDIES
CONTENTS

CHAPTER PAGE
TITLE
NO. NO.

1 Introduction to Environmental Studies 1

2 Environment and Valuation 9

3 Environmental Stigma and Environmental Ethics 17

4 Environmental legislation 22

5 Case Laws on Environmental Issues 39

 1
CHAPTER – 1
INTRODUCTION TO ENVIRONMENTAL STUDIES
1.1 INTRODUCTION
The term environment is derived from the French word “Environ” means
surroundings. The surroundings include all physical (abiotic) and biological (biotic)
forms which exists in nature. It consists of air, water, land, sunlight, and temperature
as abiotic components and all living forms including the human beings as biotic
components. Environmental studies/science is the scientific study of environmental
systems which includes the inherent status of the past, its evolving status today, and a
possible scenario of the future including the man induced changes on social and
economic aspects. India with its ever growing population, industrialization, rapid
urbanization makes use of all its natural resources for progress and development. The
economic growth and the development of science and technology has contributed a lot
for increased per capita income, on the other hand it leads to increased use of natural
resources and in turn contributes to higher waste generation.
Presently the human beings are forced to investigate the environmental
consequences of its actions on local, national and global scales. Since within the short
span of time in the name of industrial revolution the face of this planet has been
changed in many areas and in some areas causes irreversible damage. It is essential to
understand that gains we achieved today cannot be sustained and managed by
economics and engineering, but rather the future progress can be ensured by using the
concept of sustainable development.
Sustainable development is defined as the ability to the meet the needs of the
present, with out compromising the ability to meet the demands of future generations.
The Phrase sustainable development calls for more balance and optimal use of
resources. It ensures economic prosperity, social equity and environmental protection.
Hence in the present day context it becomes imperative for all engineers and
technocrats to move from the earlier approach of design and execution of the project to
the newer concept of plan for sustenance of environment during the conceptual stage
of the project and then plan, design and execute and post execution monitoring of the
project. In addition several legal implications and the land mark judgments given by
the honourable courts make all the stake holders more sensitive to the environment.
Since the advent of industrial and technological revolutions, the ecological
systems has become unbalanced due to our short sighted vision, population growth,
pollution, faulty and unsustainable developmental policies, crises arising out of
technological development like air pollution, climate change, deforestation, depletion of
water resources, increased waste generation, loss of biodiversity etc. in order to
overcome these issues and for efficient management of environment, Environmental
Impact Assessment (EIA) must be conducted for a wide range of developmental
activities. EIA gives an intrinsic link between environment and economic growth and
project the likely outcome of proposed action which may be an adverse or a beneficial
one.
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The undesirable alteration in the physical, chemical or biological characteristics of
environment, the subsequent natural action restores its quality in the past but now the
assimilative capacity of the environment is gradually losing its ability to regain its
original condition primarily due to the stress caused by humans. It is indeed essential
for each and every mankind to do something for conservation and preservation of the
nature so as to improve upon the health and wealth of the nation.
1.2 OBJECTIVES
The fundamental concepts of the environment are discussed in this chapter. The
reader will learn about the environment and its components, social issues in the
environment, the aspects of sustainable development, urban energy demand, and the
role of information technology in environment.
1.3 CONTENTS
1.3.1 Multi disciplinary nature of environment
1.3.2 Need for public awareness
1.3.3 Environment and its components
1.3.4 A holistic approach to environmental problems
1.3.5 Social issues and the environment
1.3.6 Sustainable Development
1.3.7 Urban problems related to energy
1.3.8 Role of Information Technology in environment and Human Health.
1.3.1 Multi-Disciplinary Nature of Environmental Studies
The environment consists of living and non living components namely
 Atmosphere – the environment of air
 Hydrosphere – the environment of water
 Lithosphere – the environment of land
 Biosphere – the environment of life systems
To study and understand each and every components of the environment it
requires a high degree of knowledge in the field of air, water, land and in biological
systems. The environmental studies offers challenge, Interest, surprise, to all the
scientists and researchers due to many unfolding concepts and theories. To solve the
problems related to environment a through knowledge in the disciplines of physics,
chemistry, biology, geology, geo-hydrology, biotechnology, math’s, computer sciences,
atmospheric sciences and medicine is required. Complimenting these disciplines a
through knowledge of economics, social sciences is also required to solve the problems
that exists in society. All the environmental issues requires multi disciplinary/
interdisciplinary knowledge to evolve various solution and to explore the alternatives
which may on the longer run help us to achieve sustainable development.
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1.3.2 Need for Public Awareness
The development of science and technology has generously contributed to the
increase in per capita income and hence the living standards have improved. On the
other hand the advancement in technology, growth of population, industrial growth
compounded with uncontrolled urbanization leads to rapid depletion of all natural
resources. The increased rate of consumption of finished products offers increased
amount of waste generation and thereby cause stress on the environment. Due to
increased emission of all forms of waste the characteristics of the natural media gets
altered causing ecological imbalance and deterioration of environmental hygiene. One
of the major concern today is the unmindful use and throwing away of plastics. Since it
is non-biodegradable it prevents the infiltration and percolation of water into the soil,
posing a serious danger to the ground water resources.
Even though the government is targeting to achieve the second green revolution,
today the improper use of fertilizers, pesticides, insecticides is a clear example for
unsustainable agricultural practices. The state and the union governments has
introduced several schemes like rain water harvesting, family planning, oil
conservation programs, afforestation program, eradication of literacy, rural health
mission, organic farming, eliminating the use of non biodegradable material like
plastics etc exclusively with an aim to preserve and to conserve the natural resources,
and their by to sustain the environmental hygiene and health. But the success of each
and every program depends on the awareness and active participation of the all the
stake holders. Their attitude and the basic knowledge on environment will help in
successful implementation of each scheme.
1.3.3 Environment and its Components
The ‘environ’ is a French term which refers to surroundings in which both living
organisms and the non living matter exists. The living and non living components
mutually support each other for their existence. The matter which possesses life is
called as biotic components and the non living components are called as abiotic
components. The sustenance of life on the earth depends on the abiotic factors like
light, water, air and soil. i.e for a living organisms in the form of plants, crops and trees
for its vibrant growth and yield a good photosynthetic activity (sunlight) is required,
similarly for growth a fertile soil (land) is required and for its sequential growth over the
years the plant, crops and trees require optimal water periodically. Hence it can be
clearly understood that biotic component interact with several abiotic components for
its sustenance.
Examples
Abiotic components Biotic components
Air Bacteria
Water Viruses
Land Fungi
Temperature Plants and animals
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1.3.4 A Holistic Approach to Environmental Problems
When we try to pick out any thing by itself we find it hitched to any thing else in
the universe writes a noted environmentalist John Muir nearly a century ago. Today
every body realizes that when it comes to environment, every thing is indeed
interconnected. If we want a future in which people can live in balance with nature,
then scientist, policy makers must join forces and take an integrated approach to solve
environmental problems. In the past the environmental managers think of air
pollution, water pollution, land pollution in isolation of each other but today and in
future we will have to discuss their interacting effects. The problems will require
working in an collective way across many sectors (industry, agriculture, urban
planners) with multiple stake holders.
It is essential to understand that the environmental problems vary with time and
space. Different problems require different solutions and the magnitude of the problem
will also vary with each other. Hence the need of the hour is the science of
sustainability. The policy makers should have a holistic view rather than an isolated
approach towards the environment.
The long-term objective of the holistic approach is to restore the ecological health.
For example today a consortium of people having a wide knowledge in the field of
meteorology, environment, urban planning, waste management, water sciences is
required to provide a reliable water supply. Similarly a bio-physist, engineers, air
quality managers, meteorologist, pollution control experts were required to understand
a complex cause and consequences of air pollution. Therefore in handling the
environmental problems, before handling the issue on hand we have to thoroughly
analyze the total dimension of the problem and a holistic solution may be prepare
which may take care of both long term and short term impacts.
1.3.5 Social Issues and the Environment
Today each and everything that is available with the nature is altered or modified
by man for his comfort and for better living. Based on creativity, man can able to alter
the environment for his convenience as well as can able to repair the damage caused
by his action. The increased intervention with the nature is primarily responsible for a
variety of environmental issues and conflicts that exists now. Some of the social issues
related to the environment include
 Unsustainable to Sustainable development
 Urban problems related to energy
 Conservation and preservation of available water
 Urbanization
 Waste management
 Optimal use of resources
 Resettlement and rehabilitation of people
 Global environmental challenges like global warming, acid rain, and climate
change etc.
 5
 Exponential growth of population
 Unbalanced, inequitable growth
 Nuclear disaster
 Waste land development
 Environmental legislations
1.3.6 Sustainable Development
The term sustainability refers to continuity of a process or the ability to keep on
the momentum of an action. The term development refers to growth. Hence sustainable
development is one which fulfills the needs of present generation without harming the
ability of the environment to offer its resources to the future generation to meet their
demands. Sustainable development has three important objectives,
 Environmental protection
 Economic prosperity
 Social equity
Sustainable development offer social harmony and reduce economic imbalances.
It also ensures optimal use and equitable distribution of resources. It provides solution
for many environmental and social conflicts. Sustainability is the action oriented
variant of sustainable development. The principles of sustainable development includes
 Protecting Nature
 Thinking long term
 Understanding systems within which we live
 Recognizing Limits
 Practicing Fairness and
 Embracing Creativity
1.3.7 Urban Problems Related to Energy
In India, the rural population is always migrating towards the urban areas for
employment, better living conditions, improved life styles etc. But today the rate of
growth of urbanization is unprecedented and most of the cities in India is already over
crowded both in terms of human population and by vehicular transport. Also due to
increased migration towards urban areas lot of cultivable- agricultural lands are being
converted as multistoried building either for want of housing or for commercial
activities. The initiation of new industries always takes place along the pheriphery of
the developed urban locality. Today before starting the new industries a memorandum
of under standing is being signed by the government and the industrial promoters for
uninterrupted power and water supply. All these factors indicate that the urban energy
needs is always higher when compared to the rural areas. The cumulative need for
energy in urban areas increased due to industrial, commercial and transport activities.
The large multistoried apartment, emerging shopping malls add lot of stress to the
energy distribution system and cause erratic power supply.
 6
With this background it is essential to understood that the conventional energy
which is obtained by fossil fuels are fast depleting and it is time that we have to explore
the possibility of using non-conventional energy resources, more specifically solar and
wind energy. The growth of economy, employment, commerce, industries requires
higher energy and hence special initiatives for energy generation and energy
conservation are very much needed. In addition preventing energy loss during
transmission may help us to overcome the crises in the long run. The power goes off
very often during the summer for an extent of two to three hours and this makes life
miserable in metropolitan cities.
1.3.8 Role of Information Technology in Environment and Human Health
During the final phase of the 20th century and the initial phase of 21 st century
information technology induced social revolution and it has it, impact on all walks of
life. But the future of the world is going to be governed by a combination of
technologies namely Information Technology, Bio-technology and Nano-technology.
Science along with technology has played a key role in the development of human
society. The recent advancements in the field of information technology shrinks the
world to its smallest ever possible, due to the use of computers. Today personal
computers play a vital role in almost all government departments which offer a smart
paperless e-governance. The phenomenal changes on the earth like demographic
changes, identification of earth’s resources, and prediction of natural calamities,
climate change, and assessment of weather pattern can be done with the help of
information technology.
Information technology is widely used for studying the nature’s behaviour.
Prediction of Tsunami using remote sensing and geographic information system, forest
management, border management, coastal management, waste management, and
water management etc and being done with help of variety of software and modeling
techniques. Information Technology also helps in data management, data prediction,
statistical analysis, trend analysis etc. which is essential for management of the
environment. The information technology plays vital role in banking, health and
commerce. It is widely used for treating patients in India and abroad by getting the
expertise from other nations via telemedicine technique. Creation and establishment of
data bank, sharing and transfer of knowledge becomes easier due to the Information
technology regime. It can be concluded that information technology makes life simple
and offer wide range of services which helps in creation of new employment, growth
and progress.
IMPORTANT TERMS
Environment – Surroundings in which organisms live.
Ecology – The inter relationship that exists between biotic and abiotic components.
Climate – Average Weather of an area including the seasonal variations.
Atmosphere – The gaseous mantle that envelops the earth’s surface.
Hydrosphere – The water mantle of the earth present in oceans, sea, lakes, ponds,
rivers etc.
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Lithosphere – The solid and dry crust of the earth that forms the contents and
other land masses.
1.4 REVISION POINTS
Environment and its Component Holistic approach to environmental problems
1.5 INTEXT QUESTIONS
1. Define the term environment.
2. What are the constituents of the environment?
3. Distinguish between the biotic and abiotic components.
4. Mention the different types of role played by biotic and abiotic components.
5. Briefly explain the need for public awareness about the environment.
6. Explain the causes for urban energy crisis.
7. Discuss in detail the role of information technology in environment and health.
8. State why environmental studies are considered as interdisciplinary.
9. Explain the concept of sustainable development.
10. Describe how holistic approach will help in solving the environmental problems.
1.6 SUMMARY
In this chapter the following topics were introduced
 Definition for the term Environment and the components of environment
which includes the biotic and abiotic components, its interrelationship. Its
present status and the effects of man on the environment.
 The aspects of why the studies related to environment are being called as
multidisciplinary as well as the need for public awareness in protecting the
environment were briefly introduced.
 Definition of various terms related to environment and the concept of the need
for Holistic approach for solving the problems related to environment.
 Since the environment includes the social system the social issues and the
aspects of Sustainable Development, the prevailing crisis of urban energy
management are also discussed.
 The role of Information Technology in Environmental Management and in
Human health is also discussed
1.7 TERMINAL EXERCISES
Define
a) Biotic Component
b) Abiotic Component
1.8 SUPPLEMENTARY MATERIALS
1. w.w.w.graduate guide.com
2. w.w.w.studyLink.com
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1.9 ASSIGNMENTS
1. Discuss and write in detail about social issues and the Environment
1.10 SUGGESTED READING/ REFERENCE BOOKS /SET BOOKS
1. Suresh. K.Dhameja, Environmental Engineering and Management, S.K. Kataria
& Sons (2003), NewDelhi.
1.11 LEARNING ACTIVITIES
1. Group Discussion on (During PCP dates) Role of IT in Environment
1.12 KEYWORDS
Environment, Ecology, Sustainable Development, Climate, Information technology.


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CHAPTER – 2
ENVIRONMENT AND VALUATION
2.1 INTRODUCTION
Valuation, the process of placing monetary values on environmental impacts, is
an essential element in incorporating the benefits of costs of environmental effects into
the analysis of alternatives. In this way, the wider array of benefits and costs
associated with a project can be considered in deciding which alternative produces the
largest net benefit to society. Valuation is often needed because market prices do not
exist or it may be difficult to measure, recent advances have greatly increased the
range of environmental impacts that can be monetized.
2.2 OBJECTIVES
This chapter aims to introduce the relationship between the environmental quality
and the value of the property consequent to environmental impact and will give a better
understanding on the issues like air pollution, acid rain, ozone depletion and water
pollution. The role of environmental statement in environmental management
prescribed will give a clear idea to the readers.
2.3 CONTENTS
2.3.1 Open market price and Negative value
2.3.2 Environmental Issues
2.3.3 Air pollution
2.3.3.1 Acid rain
2.3.3.2 Effects of Acid rain
2.3.3.3 Ozone layer depletion
2.3.3.4 Causes for depletion of Ozone layer
2.3.3.5 Effect of Ozone layer depletion
2.3.4 Water pollution
2.3.4.1 Sources of water pollution
2.3.4.2 Types of waste causing water pollution
2.3.4.3 Effects of Water Pollution
2.3.4.4 Control of Water pollution
2.3.5 Environmental Statement
2.3.1 Open Market Price and Negative Value
The open market price of goods, services and property were not controlled by
cartels or government policies but by the force of demand and supply. It is the price
without any restrictions and a maximum cost for the deal can be ensured.
On the other hand the negative effects of environmental degradation can be
estimated in terms of degradation caused to air, water, land and cultural heritage etc.
Most significant negative impact on health is due to air and water pollution. Cost of
 10
illness and mortality caused by lack of access to safe potable drinking water and
sanitation and additional cost incurred by the purchase of bottled water are high in
developing nations.
Cost incurred due to non disposal of waste, unsafe disposal of municipal,
industrial and clinical waste, cost incurred due to natural resources degradation, loss
to recreation, tourism, fishing and ecology have to be estimated. In addition the cost
incurred due to unsustainable agricultural practices can also be accounted.
The cost for remediation is mainly the investment required for better
environmental management. Even though huge investment are made
 Environmental damage cannot be completely eliminated.
 Remedial actions in most cases are inadequate.
 Quantification of damage and monetary valuation can never be accurate.
2.3.2 Environmental Issues
Environmental issues are nothing but the problems which exists in an area or
region. Many of the environmental problems that exist now are all due to mans action
on the environment. The magnitude of the problem and the nature of issue will vary in
space and time. The problem may be due the stress caused by over population,
depletion of nature’s resources, poor sanitation, health issues, poor waste management
or may be in the form of social issues.
2.3.3 Air Pollution
Environmental pollution is a serious problem in each and every nation, in which
many of the problems are self inflicted by human. The inappropriate use of resources,
exploitation of resources beyond the threshold limit will cause a huge danger for the
healthy survival of all living forms.
Air pollution is the term which is defined as undesirable changes that occur in the
physical, chemical or biological characteristics of the ambient air that is directly or
indirectly harmful and which may affect human life, flora and fauna, industrial
operations, etc. It will also cause damage to the culturally, historically, archeologically
and monumentally important structures. Most of the air pollution is due to man’s
action but the natural form of air pollution may also occur in the form of volcanic
eruption, U.V. radiation, dust storm, emission arising from biological delay of
biodegradable matter.
The pollution on air environment is mainly due to exhaust emissions from
transport vehicles, industrial smoke / emissions from process industries, open burning
of waste materials etc. The nature of the pollutants depends on the characteristics of
the matter that is being burnt.
Pollutants present in the air are distinguished as
1. Primary pollutants - These are the pollutants which first invade the air
environment
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2. Secondary pollutants – These are the pollutants which are formed by
interaction between primary pollutants.
The pollutants in air environment may also be distinguished as quantitative (ex -
CO2) pollutants and qualitative pollutants based on their toxicity.
In addition, based on the nature of pollutants it is classified as gaseous pollutants
and particulate pollutants.
Pollutants based on the chemical composition will be classified as organic
pollutants and in-organic pollutants. The air pollution will have its own impact on
human health, vegetation and upon the materials with which it comes in contact.
2.3.3.1 Acid Rain
The term acid rain was first introduced by the Swiss scientist Robert Angus
during 1950’s. Normal rain water is always very clear, but when it exposed into the
atmosphere, due to abundant availability of CO2, the rainwater dissolves the CO2 and
forms carbonic acid [H2CO3]
CO2 + H2O  H2CO3
This is a commonly occurring natural phenomenon but in addition to CO2 due to
the continuous burning of fossil fuels by industries, power plants and in transport
vehicles the gasses like NO2 and SO2 gets deposited in the atmosphere. The SO2
(Sulphur dioxide) and NO2 (Nitrogen oxide) dissolved in natural rainwater and hence
the pH of rainwater is further lowered upto 2.4 in pH scale. If the rain water reaches
the ground in the form of rain with low pH then that rain is called as acid rain. Over
the passing of each decade the acidic nature (pH) of rain water is also increasing. This
is mainly due to higher rate of air emissions from industries.
The availability of various gaseous pollutants in the atmosphere vary with space
and time and hence the chemical characteristics of rain water will vary widely and
depends on the geographic location, prevailing wind velocity, nature of pollutant, age of
the pollutant etc.
2.3.3.2 Effects of Acid Rain
Acid rain will cause both direct and indirect effect on man, vegetation, animals as
well as on materials. Acid rain when it falls on the earth, will cause damage to each
and every thing that comes in contact with it.
The acid rain will affect water bodies, the flora and fauna; will cause extensive
damage to buildings, bridges, monuments etc. Acid rain will also affect nervous,
respiratory, and digestive systems in humans.
2.3.3.3 Ozone Layer Depletion
Ozone exists in atmosphere at a varying height of 15-50 km above earth’s surface.
The ozone’s presence is very important for the existence of life on earth. The earth
receives suns radiation but the harmful ultraviolet rays (UV rays) are not allowed to
enter earths atmosphere, since it will cause serious damage to all living creatures
including human beings.
 12
Ozone layer absorbs all harmful radiation from the sun, more specifically the UV
radiations and helps in protecting the life on earth. The thickness of ozone layer to
measured in Dabson units (DU) where IDU = 0.01 mm at standard atmospheric
pressure. The average thickness of ozone layer in stratosphere has been estimated to
about 230 DU.
2.3.3.4 Causes for Depletion of Ozone Layers
Basically equilibrium exists between generation and destruction of Ozone (O3)
which leads to a steady state of concentration of ozone layer. This layer of Ozone in the
stratosphere will be quantitatively higher during the months of February to April
(spring season) and exhibit a lower concentration during July to October. This layer
acts as shield and the absorption of UV radiation increases exponentially with its
thickness.
Ozone depletion refers to thinning out of ozone layer. It was first discovered during
1985 over Antartica. During the period 1956-1970 the thickness of ozone layers above
Antartica ranges between 275-325 Dabson units. It reduced sharply to 225 DU during
1979 and to an extent of 135DU during 1985, and continues to decline to 94DU in
1994. This decline was termed as Ozone hole.
The pollutant responsible for the depletion of ozone layer includes Chloro fluro
carbons, CH4, and N2O that destruct the ozone due to multiple reactions. The active
chlorine is very lethal in destroying the ozone. Freon, Freon 22 and Freon 113 are the
various forms of CFC and Halon 120 which is used in fire extinguisher are the ozone
depleting substances.
2.3.3.5 Effect of Ozone Layer Depletion
All the effects of ozone are based on the level of concentration of ozone which
varies between 0.2 to 10 ppm. The foremost detrimental effect of Ozone layer depletion
is the increase in UV radiation, which intern induces the harmful effects mentioned
herein
 Harmful to overall health
 Cause skin cancer
 Cause sun burn and Breast cancer
 Lung cancer
 Affects the vision of individuals
 Cause leukemia and dizziness
 Affects the lungs
 Have the ability to alter DNA
 Toxic to flora and fauna
 Climate change
Remedial measures to overcome the ozone depletion include reduced use of
substances or complete banning of substances which affects ozone layer and finding
out the alternatives for these ozone depleting substances.
13
 14
2.3.4 Water Pollution
Water pollution is defined as the presence of impurities or alteration of its
physical, chemical or biological characteristics which is harmful and may cause
destructive effects on human and as well as on health of the environment.
The pollutants present in the water may be in physical form (Silt, sand, debris) or
in chemical form (organic and inorganic) or biological form (bacteria, fungi, algae,
viruses). When its concentration increases the water is said to be unfit for use. The
pollution on the available water is mainly because of man’s action.
In order to standardize the quality of water the Bureau of Indian standard, gives
the water quality standards in IS-10500. The water which is not chemically pure but
chemically inert, and which is free from any physical and biological impurities is called
as potable water.
2.3.4.1 Sources of Water Pollution
The source from which the waste water originates regularly from a particular
location is called as point source, if the polluted water originates from multiple sources
and get diffused in soil or in water bodies then it is called as non-point sources.
2.3.4.2 Types of Waste Causing the Water Pollution
 Oxygen demanding waste
 Disease causing waste
 Synthetic waste
 Plant Nutrients or Agricultural waste
 Thermal discharges or High temperature waste
 Sediments (inorganic)/suspended solids
 Industrial waste
2.3.4.3 Effects of Water Pollution
The presence of organic or inorganic waste in water decreases the dissolved
oxygen (DO) content of water. DO is an important water quality parameter (indicator
parameter) and hence the reduction in DO level lesser than the optimal level of 6.5-
7.0mg/l is objectionable for use as drinking water.
The presence of nutrients like nitrates and phosphates or agricultural return
water is responsible for large scale algal bloom. Eutrophication is the process in which
the nutrient enrichment leads to formation of dense algal bloom and cause loss of
biodiversity.
If the pollutants enter into the flora or fauna of the water bodies then it may enter
into the food chain. The accumulated concentration of persistent or non-biodegradable
pollutants (DDT) will have detrimental health effects. This process is called as bio-
magnification.
The pollutant entering the pores of the soil media may move deep into the ground
and may reach the water table causing large scale contamination of ground water.
 15
2.3.4.4 Control of Water Pollution
The pollution on water can be minimized if the untreated waste water is not
discharged in soil or in water bodies. For this the untreated waste water originating
from various sectors of the society has to be introduced to the following treatments
 Primary treatment for the removal of physical impurities
 Secondary treatment for the removal of organic matter
 Tertiary or advanced treatment for the removal of cations and anions.
2.3.5 Environmental Statement
‘Environmental statement’ aims to provide environmental information to the
public and other interested parties regarding the environmental impact and
performance of the organization.
Most of the existing industrial pollution control regulations of our country have
been reactive in nature and more suited towards the end of pipe approach for waste
management. In the case of end of pipe approach, waste which are generated at
various stages of process operations are treated to acceptable levels by installing
appropriate waste treatment systems.
In the recent years both industry and government have realized that this
conventional approach to waste management does not lead to sound solutions in the
long run. First waste treatment in many instances leads to mere transportation of
pollutants from one place to another. So the liability still remains on the generators of
wastes. Secondly waste treatment requires substantial investment and a budget to
meet the operating costs. Thirdly wastes may be viewed as a source unutilized and a
loss in production quantity. Due to increasing resource crunch, stringent
environmental regulations and increasing global competition than before, industries
are forced to optimize the production processes to reduce the waste generation at the
source itself. This approach to waste management implies an attitudinal change as it
depends to what extent the industry has done a self-examination to identify all possible
avenues of waste reduction. The waste reduction strategies may not necessarily imply
an investment on clean technology options but in many instances simple steps of
better house keeping and retrofitting of some of the critical existing equipments alone
can lead to dividends of substantial waste reduction.
Environmental statement is a tool to regularize such a self examination process
for industries to carry out preventive waste management. While regulations at the end
of the pipe are useful, in lending a pressure on the polluting industrial units, the
administration on environmental management is expected to be rather effective due to
its preventive or pro-active nature. It is clear that the exercise on Environmental
Statement maintains a close link with the production process and process operations
and hence to economic benefits.
In the Environmental Statement, every industry is required to provide information
on its production, water and raw material consumption, effluent discharged and solid
and hazardous wastes generated along with their treatment and disposal practices.
 16
The industries are also required to specify the impact of pollution control
measures on the conservation of resources and consequently on the cost of production.
This implies that if the industry is recovering any resources or by-products for reuse
through its treatment facilities which results in conservation of resources and the same
is expected to be reported. For example if the industry is reusing the treated waste
water for gardening purpose, this may result in reduction in over all water
consumption and thus the unit cost of production will be lowered. The industry is also
expected to provide particulars about additional investment proposals, if any for
environmental protection.
Important Terms
Open market price – The fair price of goods or property which is not controlled by
cartels or government policies.
Negative value – The original value of the property lost due the degradation caused
by the environmental issues.
Acid rain – The rain which has the low pH value due to the gaseous pollutants
present in atmosphere.
Ozone depletion – The reduction in the thickness of ozone layer caused by
emission of chloro fluro carbons.
Water pollution – The change in physical, chemical and biological characteristics of
water.
Environmental statement – A self appraisal form which gives both the positive and
negative effects of the on going process.
2.4 REVISION POINT
1. Effects of air pollution and water pollution
2.5 INTEXT QUESTIONS
1. Define open market price.
2. What is meant by negative value?
3. List out the environmental factors that influence the market value of property.
4. Name the various source of air pollution.
5. Explain how acid rain forms and write the effects of acid rain.
6. What are the causes for depletion of ozone layer?
7. Enumerate the detrimental effects of zone depletion.
8. Comment briefly on water pollution, its effects and control of water pollution.
9. Explain the role of Environmental statement in Environmental Management.
2.6 SUMMARY
In Chapter 2 the following topics were covered.
 The relationship between environment and valuation, and how open market
price is influenced by environmental impacts and cause negative value.
 17
 Environmental issues like Air pollution, acid rain and the causes and the
effects of Ozone layer depletion.
 Water pollution, sources of water pollution, it effects on water bodies and its
control.
 Environmental statement giving positive and negative effects its use, purpose
and its role in environmental management.
2.7 TERMINAL EXERCISES
Define
a) Negative value
b) Ozone depletion
2.8 SUPPLEMENTARY MATERIALS
1. www.wikipedia.com
2. www.unescap.org/drpad/vc/ orientation/m5_ink-9htm
2.9 ASSIGNMENTS
1. Discuss “The types of waste causing water pollution and its adverse effects”
2.10 SUGGESTED READING/ REFERENCE BOOKS /SET BOOKS
1. Guide lines for environmental clearance for various projects, Deparment of
Environement & Forest, Government of India.
2.11 LEARNING ACTIVITIES
1. Group discussion on (during PCP dates) various source of Air pollution.
2.12 KEYWORDS
Open market price, Negative value, Acid rain, Ozone depletion, Water pollution,
Environmental Statement.


 18
CHAPTER – 3
ENVIRONMENTAL STIGMA AND ENVIRONMENTAL ETHICS
3.1 INTRODUCTION
The pattern of resource consumption differs in economically developed and
developing nations. The people in developed countries have higher demand for
resources that is necessary for reasonable living due to their aspirations for comfort
and improved living conditions. Therefore they exploit the resources to the level which
is higher than that the people consuming in developing nations. However the
increasing demand, less environmental awareness, aspirations for better living and
reckless destruction of resources are leading to the irreversible loss of natural
environment. The nature lost its assimilative capacity due to the increased waste
generation, open dumping of Solid Waste, Discharge of untreated municipal and
industrial waste water into the water bodies, and increased air emissions. This in-turn
leads to irreversible damage to environment, poor aesthetics and reduced economic
value. Living in harmony with the nature is always emphasized with the philosophy to
take from nature only what we actually need and not more. For the problems that we
face today it is said that always “observe nature” then we can able to find the solution.
History tells that Indian people have been utilizers of nature and not the exploiters.
India has been under the influence of humans and agriculture for thousands of year
and even then the resources are not proportionately depleted. This is mainly due to the
dharma, and cultural values of our society. Modern man today has to reestablish this
unbroken link to sustain the life on earth.
3.2 OBJECTIVES
This chapter aims to introduce the factors responsible for environmental damage,
and gives the fact of how environmental damage is leading to environmental stigma.
The base line survey and the need for environmental ethics are also discussed.
3.3 CONTENTS
3.3.1 Environmental Damage
3.3.2 Measures to restore the damage
3.3.3 Environmental Stigma
3.3.4 Environmental ethics
3.3.5 Base line survey
3.3.6 Measures required for short and long term elimination of negative effects
3.3.1 Environmental Damage
The specific damage to environment is, damage to water, damage to land
resources and damage to biodiversity. The damage to water includes both surface and
subsurface water. The damage may lower the status of water body by affecting the
ecology of water.
Damage to Land is due to contamination by substances or by organisms which
create significant risk in human health. Damage to biodiversity may be to any species
or to a habitat. Sometimes the damages are due to natural phenomena like floods,
 19
hurricane, drought, landslides and earth quakes etc. However, today most of the
damage is caused by anthropogenic sources.
3.3.2 Measures to Restore the Damage
Restoration or remediation is the term used for the measures being taken or
needed to restore the environment. For example if the damage is to water or to species,
then it involves restoring the environment back as much as possible to the condition it
would have been if the damage is not occurred. In the case of damages to land it
involves taking measures so that the damage no longer poses any significant risk of
adversely affecting human health. In some cases additional measures at some other
site may be required where primary measures do not fully restore the damage. A cost
Vs benefit analysis which is a part of environmental impact assessment may be very
useful to arrive at amount required to cure the damage.
3.3.3 Environmental ‘stigma’
Stigma in Environmental context may be broadly defined as the negative
perceptions associated with the property that is contaminated, that was once
contaminated or that lies in proximity to contaminated or previously contaminated
property. Stigma represents a loss in value apart from the cost of curing the
contamination itself and it can be based on actual or perceived risks or fear such as
possible public liability”, fear of additional health hazards and simple fear of the
unknowns.
Moreover, stigma is based on perceptions about the risks and liabilities associated
with owning or holding a property, or a contaminated property. The perception on
which the society bases the stigma need not be reasonable or substantiated.
Proponents of stigma contend that once property is contaminated, it becomes
stigmatized by public perceptions about the contaminations effects on health and the
environment. Stigma advocates that even if the property is subsequently remediated, it
will still continue to have a stigma because of the past contamination. Once seriously
contaminated property can never reclaim a marketable uncontaminated status.
A majority of environmental stigma results from violation of various laws and
rules. In some cases instead of remediation of contaminated site closure of site may be
ordered with the perception that required standards for cleaning exists. Depending
upon the assessment of a buyer or a seller the value of property may go up or down
indicating a drawback and risk associated with contaminated property.
3.3.4 Environmental Ethics
Environmental ethics is a branch of Environmental philosophy which deals with
ethical relationship between human being and the environment. Environmental ethics
gives a new dimension to conservation of natural resources. It believes in the ethical
relationship between human beings and the nature. Very often we ignore the fact that
the plants and animals are part of our life, and they should be associated with our
moral and ethical values.
Most of the human activity leads to environmental pollution. The ever increasing
population is primarily responsible for higher demand of resources. Since the demand
 20
now exceeds the carrying capacity of our planets and disturbs the nature. The
depletion of natural resources is endangering our future generations. The natural
imbalances are going to disrupt our day to day life. The environmental ethics brings
about the fact that all the life forms on Earth have a right to live. Presently we are
going against the true, moral and ethical values by unethically treating the ecosystem
which coexists and support our life. We should understand that conservation of
natural resources is not only the need of the day but it is our prime duty. For that the
environmental ethics gives a clear set of principles accepted by state holders of
Environment in which do’s and don’ts towards the environment is clearly defined. The
issues concerning the environment are
 Rapid shrinking of green cover
 Rise in pollution levels
 Climate change
 Deforestation
 Destruction of habitat or loss of biodiversity
 Global warming
 Loss of natural resources / Depletion
 Food, Energy and water crisis
 Exponential growth of population
 Nuclear hazard
The possible solution for all these issues starts with the individuals. With new
discoveries and innovations, the life gets simpler, adopt simple techniques to have a
cumulative effects, likes switching off the lights, television, computer monitor and fans
when not in use. Periodical service of all energy consuming equipment, use of CFL
instead of tungsten filament bulbs, avoiding plastics, by saving paper, wash your
hands in lawns and gardens, avoid water wastage, plant more trees, use public
transport, consume less fuels, use green products. We should realise that the nature,
culture, science and ethics must coexists for sustenance of life on earth.
3.3.5 Baseline Survey on Environmental Attributes
Baseline environmental scenario/survey reflect the present status of environment
prior to initiation of any activity due to the prospered action in the study area. The
Environmental status around the plant site is determined by studying in detail the
main environmental components air, land, water, and socio-economic status for at
least to an extent of 10 km radius.
The ambient air quality, water quality and soil quality status within the area
forms the baseline information, over which predicted impacts due to the operation of
the industry at its full production levels can be superimposed in order to obtain the net
impact on the environment.
Baseline status assessment of environment will have the particulars, related to
description of site – latitude and longitude, physiography and climate, scattered hill
lock, domes, ridges, irregularities in land and seasonal details. Particulars of geology,
 21
hydro geology, drainage, meteorological scenario as well as results of air quality
simulation, details of wind speed, wind direction, temperature, relative humidity, Wind
roses for sixteen directions for 24 hrs duration.
N, NNE, NE, ENE, E, EST, SE, SSE, S, SSW, SW, WSW, W, WNW, NW, NNW and
total wind pattern such as total calm periods – How much % and predominant wind
directions -wind speeds, etc.
Spatial X Temporal variations in air quality data related to noise, like the
characteristics of noise, source, loudness, period of exposure, noise induced hearing
loss, physiological response, annoyance, community response, base line noise level
caused by trucks, cars, trains, airplanes and day-night noise levels.
The baseline data related to water-sources, characteristics of water for 10km
radius, soil characteristics, presence of macro-micro nutrients, land use pattern, land
use classification as forest area, cultivable, waste land, uncultivable bonen area,
nonagricultural land, net sown area, cropping pattern etc.
The socio economic study includes demographic data, occupation, education,
health, economic status, basic amenities, transport, communication, power etc.
In addition terrestrial ecosystem, aquatic ecosystem, agricultural diversity and
domesticated animals have to be studied to understand the existing ecological
environment.
3.3.6 Measures Required for Short Term and Long Term Elimination of Negative Effects
By carrying out a periodical environmental / energy audit the performance of each
and every unit of an industry or a project can be assessed. Based on this, measures
can be initiated for reduced raw material use, change in raw material, better house
keeping, optimal use of man power, optimal use of other resources, waste
minimization, higher output, technological up-gradation, adopting a strategy of 3R’s -
recycling, reuse and recovery of materials along with 3E’s energy, efficiency and
economy, waste treatment, reduced water use etc.
During the conceptual stage of the project itself if it is planed & designed based on
the principles of green design then it will help the proponent of the project in achieving
the sustainable development.
Important Terms
Environmental damage – The damage caused to specific component of environment.
Environmental stigma – The negative perceptions associated with the property that is
contaminated or once contaminated or located near to contaminated site.
Environmental ethics – The dos and don’ts towards the environment.
Base line survey – Gives the present status of all environmental attributes.
3.4 REVISION POINTS
1. Environmental Damage and Baseline survey relating to it.
3.5 INTEXT QUESTIONS
1. Enumerate the factors responsible for environmental damage.
 22
2. What are the measures required to restore the environmental damage.
3. With example explain the term Environmental stigma.
4. Comment briefly on “Base line Survey”.
5. Explain the need for Environmental Ethics.
6. Explain the measures required to restore the damage caused to land
environment.
3.6 SUMMARY
In this chapter the following topics were discussed.
 The cause for environmental damage and the measures needed to restore the
damage.
 A brief outline of environmental stigma.
 The need for environmental ethics under the present day context.
 The procedure for base line survey of environment and its significance.
 Measures required for mitigation of negative effects.
3.7 TERMINAL EXERCISES
Define
a) Environemental Stigma
b) Environemental ethics
3.8 SUPPLEMENTARY MATERIALS
1. https://secure.sauder.ubc.co/re-creditprogram / course.../
2. Jackson.pdf
3.9 ASSIGNMENTS
1. Discuss and write measures required for short term and long term elimination
of negative effects
3.10. SUGGESTED READING/ REFERENCE BOOKS /SET BOOKS:
1. D.K.Asthana and Meera Asthana, Environmental problems & Solution,
S.chand & co Ltd., (1998) New Delhi
3.11 LEARNING ACTIVITIES
Group discussion on (during PCP dates) Environmental ethics
3.12 KEYWORDS
Environmental damage, Environmental stigma, Environmental Ethics, Base line
survey, 3R’s and 3E’s.


 23
CHAPTER – 4

ENVIRONMENTAL LEGISLATION
4.1 INTRODUCTION
India’s concern for environment is evident from the fact that the constitution of
India makes the provisions for environmental protection. The article 47 of the
constitution states that, state shall regard the raising of the level of nutrition and the
standard of living of its people and improvement of public health as among its primary
duties. The article 48A states that, The state shall endeavor to protect and improve the
environment and to safeguard the forest and wildlife of the country. The article 51-A (g)
states that it is the fundamental duty of every citizen, To protect and improve the
natural environment including the forest, lakes, rivers and wild life and to have the
compassion for living creatures.
After independence the country has enacted many laws and rules related to
environment. In 1980 separate department was established to look into the aspects of
environment. Now the Ministry of Environment and forest is primary responsible and
deals with all issues related to environment.
4.2 OBJECTIVES
To introduce various Acts and rules related to environment, the provisions made
in specific Act, and the powers it offer to the Central and State governments, law
enforcing agencies. The set of policies and programs related to environment were briefly
discussed.
4.3 CONTENTS
4.3.1 Forest Conservation Act (1980)
4.3.3.1 Objectives of the Act
4.3.3.2 Notification of Reserve Forest
4.3.3.3 Powers of forest officer
4.3.2 Salient features of The Mines Act (1952)
4.3.3 Salient features of Water (prevention and control of pollution) Act (1974)
4.3.3.1 Objectives of Water Act
4.3.3.2 Definition of Pollution under the Act
4.3.3.3 Functions of Central board
4.3.3.4 Functions of State board
4.3.3.5 Powers of State government
4.3.3.6 Penalties for violation of provisions of Act
4.3.4 Air (prevention and control pollution) Act (1981)
4.3.4.1 Objectives
4.3.4.2 Definition of pollution under the Act
4.3.4.3 Constitution and function of Central board
 24
4.3.4.4 Powers of the Board
4.3.4.5 Penalties for violation of provisions under the Act
4.3.5 Environmental Protection Act (1986)
4.3.5.1 Objectives of the Act
4.3.5.2 General Powers of the Central Government
4.3.5.3 Penalties for violating the provisions of this Act
4.3.6 Wild Life Protection Act (1972)
4.3.6.1 Objectives
4.3.6.2 Definition of important terms
4.3.6.3 Appointment of Director, Chief Wildlife Warden and Other Officers
4.3.6.4 Constitution of Wildlife Advisory Board
4.3.6.5 Duties of the Wild Life Advisory Board
4.3.6.6 Prohibition of Hunting and Dealing in Animal Articles without License
4.3.6.7 Protection of Specified Plants
4.3.6.8 Declaration of Sanctuary and Restriction on Entry in sanctuary
4.3.6.9 Declaration of National parks and Closed Areas
4.3.6.10 Constitution and Functions of Central Zoo authority
4.3.6.11 Penalties for violation of the provisions in this Act
4.3.7 Salient features of The Ancient Monuments and Archaeological Sites and
Remains act (1958)
4.3.1 Forest Conservation Act (1980)
This Act was promulgated in 1980. It is therefore, known as the Forest
conservation Act 1980. It was amended in 1988. Salient feature of this Act are briefly
given below for appraisal and under standing.
4.3.3.1 Objectives
This Act has been passed to serve the following objectives:
(a) protection and conservation of Forests.
(b) to ensure judicious use of forest products.
4.3.3.2 Notification of Reserve Forests
According to Section-3 of this Act, a forest land or wasteland which is property of
the government and whole or part of the forest produce may be constituted as a
Reserve Forest by the State Government after issuing a notification in the official
gazette under Section 4 of this Act.
(a) declaring that it has been decided to constitute any land as a reserve forest.
(b) specifying the situation and limits of such a land.
(c) appointing an officer not noting any other forest office except that of
 25
The State Government may appoint not more than three officers, only one of
whom shall be holding forest office except as aforesaid, to perform the duties of a
Forest Settlement Officer under Section 4 of this Act.
After issuing the notification as under Section 4 the Forest Settlement Officer
shall publish a proclamation in the local vernacular in every town and village in the
neighborhood of the land comprised.
According to Section 6 of this Act, the proclamation shall be such so as to :
(a) specify the situation and limits of the proposed forest.
(b) explain the consequences which will ensure the reservation of such 'forest.
(c) fix a period of not less than 3 months from the date of such proclamation for
claiming any right over any land or over forest produce to present to the Forest
Settlement Officer a written notice specifying the nature of such right and amount and
particulars of the compensation claimed.
4.3.3.3 Powers of the Forest Officer
Some of the powers are
 Power to stop ways and water courses in reserved forest. Under section 5 of
this Act, with previous sanction of the State Govt, the Forest Officers may stop
any public or private way or water course in a reserved forest, provided that a
substitute for the way or waterway already exists or has been provided or
constructed by the Forest Officer.
 Power to issues notification declaring protected forests all making rules for
such forests. Under Section 29 of this Act, the State Government by
notification in the official gazette may declare the provisions of this Act
applicable to any forest-land or waste land not included in a reserved forest
but which is property of the Government or to the whole or part of forest
produce. A forest-land or waste land comprised in such a notification shall be
called a ‘protected forest.
4.3.2 Salient features of The Mines Act (1952)
It is the act to amend and consolidate the law relating to the regulation of labour
and safety of mines. The act is called as mines act and extends to whole India. “Mine”
means any excavation where any operation for the purpose of searching for or
obtaining minerals has been or is being carried on and includes,
 All borings, boreholes, oil wells and accessing crude conditioning plants,
including the pipe conveying mineral oil within the oil fields.
 All shafts, in or adjacent to and belonging to a mine where in the course of
being sunk or not.
 All levels and inclined planes in the course of being driven.
 All open cast workings.
“Minerals” means all substances which can be obtained from the earth by mining,
digging, drilling, dredging, hydraulicing, quarrying or by any other operation and
 26
includes mineral oils (including natural gas and petroleum). Open cast working means
a quarry; say an evacuation which extends below super jacent ground.
The depth of excavation extends measured from its height to its lowest point
nowhere exceeds six meters or in case of excavation of coal fifteen meters.
This act not apply in certain cases – the provisions of this act except those
contained in sections 7,8,9,40, 45 and 46 shall not apply to any mine or part thereof in
which excavation is being made for prospecting purposes on and not for the purpose of
obtaining minerals for use or sale.
The central government may by notification in official gazette appoint such a
person as with prescribed qualifications to be the chief inspector of mines for all
territories to which this act extends.
The chief inspector of or inspector make such examination and inquiry as he
thinks fit inorder to ascertain the provision of act, and of regulations, rules, bylaws
made are observed in realty or not may examine the working condition, ventilation of
mines and all other matter related to health and safety and welfare of persons
employed in mines.
The act empowers the chief inspector; if he believes an offence is committed he
can take procession of any material/record pertaining to mines and can initiate action
under code of criminal procedure.
The owner or manager of the mine shall before the commencement of any mining
operation give the chief inspector, the controller, Indian bureau of mines and the
District magistrate in which the mine is situated a notice in writing one month prior to
commencement of operation.
Every effective management has to be done for drinking water, conservancy,
medical appliance. The chief inspector is empowered to do what ever he wishes to
ensure the safety of workers.
When a notice has been given under subsection (1) or an order made under
section (1A), subsection (2) or subsection (3) by an inspector, the owner, the agent or
manager of mine may within ten days after the receipt of notice as case may be appeal
against the same to chief inspector who may in turn confirm or modify or cancel the
notice.
In case of accidents under subsection (1) of section (2), (3) the central government
may appoint a competent person to hold such enquiry and may also appoint one or
more persons possessing legal or special knowledge to act as assessors.
Section 28 ensure a proper rest to workers and no person is allowed to work more
than six days in a week and section 43 ensures that no person below the age of sixteen
years is permitted to work under ground.
The central government may by notification in the official gazette make
regulations consistent with the act for all purposes which is brought to its notice.
 27
4.3.3 Water (Prevention and control of pollution) Act (1974)
This Act was promulgated in 1974. It is therefore known as the water (Prevention
and Control of Pollution) act, 1974. It was amended in 1988. Salient features of this
Act are briefly given below for an appraisal and understanding.
4.3.3.1 Objectives
This Act is meant for the following objectives:
(a) Prevention and control of water pollution.
(b) Maintaining or restoring the wholesomeness of water
(c) Establishment of Boards of the prevention and control of water pollution.
4.3.3.2 Definitions of 'Pollution' under the Act
"Pollution" has been elaborately defined as the contamination of water, or the
alteration of the physical, chemical or biological properties of water, or the discharge of
any sewage or trade effluent (whether directly or indirectly) which is likely to render
such water harmful or injurious to
(a) public health or safety
(b) domestic, commercial, industrial, agricultural or other uses.
(c) life and health of plants, animals or aquatic organisms.
4.3.3.3 Functions of the Central Board
According to Section 16-A, the following are the functions of the Central Board:
(a) to promote cleanliness of streams and wells in different areas of the state,
(b) to advise the Central Govt. on matters concerning the prevention and control of
water pollution.
(c) to co-ordinate the actions of the State Board and resolve disputes among them.
(d) to provide technical assistance and guidance to the State Boards to carry out
research in prevention and control of water pollution problems.
(e) to organise training of persons engaged in pollution control.
(f) to organise comprehensive programme for pollution control through mass
media.
(g) to lay down standards for streams or wells.
(h) to prepare manuals, codes or guides for treatment and disposal of sewage and
trade effluents.
(i) to establish or recognise laboratories for analysis of water samples from any
stream, well or trade effluents.
4.3.3.4 Functions of the State Boards
Under section 7-B, the following are the functions of a State Board.
(a) Planning a comprehensive programme for prevention, control and abatement of
pollution of streams and wells.
 28
(b) Advising the State Government regarding water pollution control or location of
industries.
(c) Conducting and encouraging investigations and research relating to different
aspects of water pollution.
(d) To collaborate with the Central Board for training personnel for handling water
pollution programme and organising related mass education programmes,
(e) Inspecting trade effluents and waste water treatment plants.
(f) Prescribing effluent standards for the sewage and trade effluents.
(g) Evolving economical and reliable methods of disposal, treatment and reuse of
waste water (in agriculture).
(h) Laying down the standards of treatment of sewage and trade effluents to be
discharged into any steam.
(i) Making, varying or revoking any order for preservation or control of discharge of
waste into streams and wells or construction of systems for disposal of
effluents.
(j) Establishing or recognising laboratories for analysis of samples.
(k) Performing such functions as may be entrusted by Central Board or State
governments.
4.3.3.5 Powers of the State Government
 Power to obtain information. According to Section 20.2, the State Board may
make surveys, take measurements or obtain information for purpose of
performing functions under this Act. Failure to comply with any directions
under the section is a punishable offence under subsection (I) of Section 41.
 Power to take samples. Under Section 21 (l) A, the State Government has the
power to take samples of water of any stream or well or any effluent being
discharged into such a stream or well, for analysis. Under Section 22.4, the
State Board further has the power to obtain a report of the result of the
analysis by a recognized laboratory.
 Power of entry and inspection. According Section 23.5, the State Board is
empowered by the State Govt., with the right to enter any place for the
purpose of performing any of the functions entrusted to it.
 Power of prohibition on disposal of polluting matter into a stream or well. Under
Section 24.6,
(a) No person shall knowingly allow entry of any poisonous, noxious or polluting
matter directly or indirectly into any stream, well or sewer or on land.
(b) No person shall knowingly allow entry of any matter into any stream, which
may impede the proper flow of water resulting in substantial aggravation of
pollution.
According to Section 25.7, without the proper consent of the State Board,
 29
(a) No person shall establish any industry, operation or process or any treatment
disposal system, which is likely to discharge any sewage or effluent into
stream or well or on land.
(b) No person shall use any new outlet for discharge of sewage.
(c) No person shall begin to make any new discharge of sewage.
4.3.3.6 Penalties for violation of provisions of the Act
(a) In case of failure to give information by a person discharging effluents into
stream or well or regarding construction or establishment of a disposal system
the penalty is imprisonment upto 3 months or fine upto Rs. 10,000/- or both.
(b) If the omission continues, the penalty is an additional fine upto Rs. 5000/- per
day.
(c) In case of destroying or damaging the property of the Board, obstructing the
performance of the Board's functions, failure to furnish information about
accidents under section 31, giving wrong information or making false
statements to get Board's consent, the penalty is imprisonment upto 3 months
or fine upto Rs. 10,000/- or both.
(d) In case of violation of order prohibiting discharge of any polluting matter into
stream, well or land, or violation of control order restraining pollution of water
or streams or wells or violation of Board order of closure of industry or stoppage
of water or electricity supply etc., the penalty is imprisonment for one and a half
years to six years and fine. If it continues there is an additional fine of Rs.
5000/- per day and if it continues beyond one year then the penalty is
imprisonment of two to seven years on conviction.
(e) In case of permitting polluting material into any stream, well or land the penalty
is imprisonment for one and a half years to six years or fine or both.
On subsequent conviction the offender is penalised to imprisonment for two to
seven years and fine, and the names of the offenders are published in newspapers at
offender's expense.
Cognizance of an offence shall be taken by a court on a complaint by a Board or
an officer authorised by the Board.
(i) a Board or an officer authorised by the Board
(ii) any person intending to make a complaint and who has given at least 60 days
notice of the offence.
4.3.4 Air (Prevention and control of pollution) Act (1981)
This Act was promulgated in 1981. It is, therefore, known as The Air (Prevention
and Control of Pollution) Act, 1981. It was amended in 1987. Salient features of this
Act are briefly given below for appraisal and understanding.
4.3.4.1 Objectives
This Act is meant to serve the following objectives.
(a) prevention, control and abatement of air pollution.
 30
(b) maintaining the quality of air.
(c) establishment of Boards for the prevention and control of air-pollution.
4.3.4.2 Definition of pollution under this Act
Air-pollution means the presence. in the atmosphere of any air pollutant.
 'Air-pollutant' means any solid, liquid or gaseous substances (including noise)
present in the atmosphere in such concentrations as may be or tend to be
injurious to human beings or other living creatures or property or
environment.
4.3.4.3 Constitution and functions of Central Board
To have an integrated approach for tackling the problems related to pollution, this
Act provides that the Boards for the prevention and control of water pollution,
constituted under Section 3 and 4 of the Water (Prevention and Control of Pollution)
Act, 1974, shall also act as Air Pollution Control Boards under this Act as:
(a) The central Board for the Prevention and Control of Air Pollution under Section-
3.
(b) The State Board for the Prevention and Control of Air Pollution under Section-4
4.3.4.4 Powers of the Board
 Power to declare air pollution control areas. Under Section 19.1, the State
Govt., after consultation with the State Board may:
 Power to establish standards for emission of air pollutants from automobiles.
Under Section 20.2 the Boards have the power to ensure that the standards
for emission of air pollutants, from automobiles laid down by the State Board
under clause (vii) of sub-section (I) of Section 17, are complied with.
 Power to restrict use of certain industrial plants. Under Section 21.3 of this Act,
no person shall without the previous consent of the State Board, establish or
operate any industrial plant in an Air Pollution Control Area, and
 Power of entry and inspection. Under Section 24.5 of this Act any person
empowered by a State Board shall have the right to enter any place for
(a) performing any of the functions of the State Board entrusted to him
(b) examining and testing any control equipment, industrial plant, record, register,
documents etc.
 Power to take samples. Under section 26 of this Act, any officer empowered by
the State Board shall have the power to take, for the purpose of analysis,
samples of air or emission from any chimney, flue or dust etc. and send the
same for the analysis to the laboratory established or recognised by the State
Board.
4.3.4.5 Penalties for Violation of Provisions Under the Act
Except for the fact that there is no provision for publication of names of offenders
under this Act, the penalties for defaults or violations or the provisions under the Act
are the same as under the Water Act.
 31
4.3.5 Environmental Protection Act (1986)
This act was promulgated in 1986. It is, therefore, known as the environment
(Protection) Act, 1986. Salient features of this Act are briefly given below for appraisal
and understanding. [Note: The brief details of this Act and other Acts mentioned in this
chapter are neither complete in all respects nor presented in the exact language as
given in the Legal Document. The brief details mentioned in this chapter are given to
fulfill the academic requirements only. These point cannot be quoted anywhere from
the view of legal needs.
4.3.5.1 Objectives of this Act are
(a) Protection and improvement of environment (water, air, land)
(b) Prevention of hazards to all living creatures (humans, plants, animals) and
property, and
(c) Maintenance of harmonious relationship between human beings and their
environment.
4.3.5.2 General Powers of the Central Government
For the protection and improvement of environment, and for the prevention,
control and abatement of pollution, the Central Govt. has the power to take the
following measures under section 3.1.
(a) Coordination of actions by the State Government Officers and other authorities
under this Act and under any other related law.
(b) Planning and execution of a nationwide programme to prevent control and
abate environmental pollution.
(c) Laying down the standards for different aspects of environmental quality.
(d) Laying down the standards for emission or discharge of environmental
pollutions from various sources.
(e) Restricting the areas in which industries, operations of processes shall not be
carried out.
(f) Laying down procedures and safeguards for handling of hazardous substances
for prevention of accidents causing environmental pollution and remedial
measures.
(g) Examination of manufacturing processes, materials and substances likely to
cause environmental pollution.
(h) Carrying out and sponsoring investigations and research in environmental
pollution problems.
(i) Inspection of any premises, plant, manufacturing process, equipment or
machinery and giving directions to prevent, control and abate environmental
pollution.
(j) Establishment and recognition of environmental laboratories and institutes.
 32
(k) Preparation of manuals codes or guides to disseminate collected information in
matters relating to environmental pollution and its prevention, control and
abatement.
(l) Any matter, necessary or expedient for the implementation of the provisions of
this Act.
(m) If necessary, the Central Govt. may constitute an authority for the purpose of
performing such functions and powers of Central Government under Section
4.2 of this Act.
To regulate environmental pollution under Section 6.3, the Central Government
may, by notification in the official gazette, make rules in respect of all or any of the
matters referred to in Section 3 above, from (a) to (m):
4.3.5.3 Penalties for violating the provision in this Act
According to Section 15.5, any person failing to comply with any of the provisions
of the Act shall be punishable with imprisonment for a term which may extend upto
five years or with fine which may extend to one lakh rupees or both.
 In case the violation or contravention continues beyond a period of one year
after the date of conviction, the offender shall be punishable with
imprisonment for a term of seven years.
 According to Section 16, in case of an offence being committed by company,
the criminal liability is fixed on the company's directors and principal officers
also.
 Under Section 17, criminal liability is also fixed on the heads of department of
government where an offence is committed by the concerned department and
the head of the department is unable to prove that the offence was committed
without his knowledge or that he exercised a diligence to prevent the
commission of such an offence.
 For the effective implementation of this Act, the various provisions the
Environment (Protection) Act, 1986 have been amended from time to time by
the Government of India.
4.3.6 Wild Life Protection Act (1972)
This act was promulgated in 1972. It is, therefore, known as T-he Wildlife
Protection Act, 1972. It was amended in 1983, 1986 and 1991. Salient features of this
Act are briefly given below for appraisal and understanding
4.3.6.1 Objectives: According to Section I of this Act, the objectives of Wildlife
Protection Act, 1972 are the following
(a) to maintain essential ecological processes and life-supporting systems.
(b) to preserve the biodiversity
(c) to ensure a continuous use of species i.e., protection and conservation of wild
life.
 33
4.3.6.2 Definition of Important Terms.
(a) "Wildlife" has been defined to include any animal, bees, butter flies, crustacea,
fish, moths and aquatic and land vegetation which forms part of any habitat.
(b) The term "Habitat" includes land, water or vegetation which is the natural
home of any wild animal.
(c) "Hunting" means
(i) to capture, kill, poison, share and trap any wild animal or trying to do so.
(ii) to injure, destroy or take away any part of the body of such animal and
damaging or disturbing the eggs or nests of wild birds and reptiles.
(d) 'Animal articles' include any article made from any pat of a captive or wild
animal.
4.3.6.3 Appointment of Director, Chief Wildlife Warden and Other Officers
According to Section 3 of this Act, the Central Govt. may appoint:
(a) A Director of Wild Life Preservation (subordinate to the Central Govt.)
(b) Assistant Director of Wild Life Preservation (subordinate to the Director) and
(c) Other required officers and employees.
Under Section 4 of this Act, the State Govt. may appoint:
(a) A Chief Wild Life Warden (subordinate to the State Govt.)
(b) Wild Life Wardens (subordinate to the Chief Wild Life Warden) (c) Other required
officers and employees
4.3.6.4 Constitution of Wild Life Advisory Board.
Under Section 6 of this Act, State Govt. or the Administration (in case of Union
Territory) may constitute a Wild Life Advisory Board, consisting of the following
members:
(a) The Minister incharge of forests in the State or U.T. In case there is no such
Minister, the Chairman will be represented by the Secretary to the State Govt. or the
Chief Secretary to the Govt. or the Union Territory.
(b) Two members of the State legislature.
(c) Secretary to the State Govt. incharge of forests.
(d) The Forest officer incharge of the State Forest Department, ex-officio.
(e) An officer to be nominated by the Director.
(f) Chief Wild Life Warden, ex-officio.
(g) Not more than five officers of the State Government.
(h) Not more than ten persons, who in the opinion of the State Government are
interested in the protection of Wild Life including not more than three. representatives
of tribal.
The State Govt. may appoint a Vice-chairman of the Board from amongst the
members referred in clause (b) and (b) above. The State Govt. may appoint the Forest
 34
Officer incharge of the State Forest Department or Chief Wild Life Warden as the
Secretary of the Board. Under Section 7 of this Act, the Board shall meet at least twice
a year at a place directed by the State Govt. The Board shall regulate its own procedure
(including quorum).

4.3.6.5 Duties of the Wild Life Advisory Board

Under Section 8 of this Act, the Wild life Advisory Board advises the State
Government about:
a. Selection of areas to be declared as Sanctuaries, National Parks and closed
areas.
b. Formulation of the policy for protection and conservation of the wild life and
specified plants,
c. Measures to be taken for harmonising the needs of the tribals and other
dwellers of the forest with the protection and conservation of wild life, and
d. Any matter referred to it by the State Govt.
4.3.6.6 Prohibition of Hunting and Dealing in Animal Articles without License
Under Section 9, no person shall hunt any wild animal except as provided under
Sections 11 and 12, According to Section 11, hunting of wild animals is permitted in
certain cases:
(a) If the Chief Wild Life Warden is satisfied that any wild animal has become
dangerous to human life or is disabled or diseased as to be beyond recovery, then he
may, by order in writing and stating the reason there off, permit any person to hunt
such animal or cause such animal to be hunted.
(b) The killing or wounding in good faith of any wild animal in self defence or
defence of any other person shall not be an offence.
(c) Any wild animal killed or wounded in defence of any person shall be
government property.
According to Section 12, the Chief Wildlife Warden, by an order in writing stating
the reasons thereof and on payment of the prescribed fee, may grant a permit to any
person, allowing him to hunt any wild animal specified in such a permit, for the
purpose of:
(a) Education,
(b) Scientific research and management,
(c) Collection of specimens,
(d) Derivation, collection or preparation of snake-venom for the manufacture of life
saving drugs.
Under Section 44, no person shall except under an in accordance with a licence:
(a) Carryon business as:
(i) manufacturer or dealer in animal articles
 35
(ii) dealer in tropy (tropy means rugs, skins, specimens of animals mounted in
whole or in part antler, horn, hair, feathers, tooth, musk, nest, eggs (or captive animal
or meat).
(iii) Taxidermist (curing preparation or preservation of trophies).
(b) Cook or serve meal in any eating house.
(c) Derive, collect or prepare or deal in snake-venom
4.3.6.7 Protection of Specified Plants
Protection to specified plants is provided for in Section 17(A-H) of the Act by :
(a) prohibiting picking and uprooting of specified plants.
(b) grant of permit for special purposes.
(e) prohibiting unlicensed cultivation of specified plants.
(d) prohibiting unlicensed dealing in specified plants.
(e) declaration of stock
(f) possession of plants by licence
(g) purchase of specified plants.
(h) declaring plants to be government property.
4.3.6.8 Declaration of Sanctuary and Restriction on Entry in sanctuary
If the State Govt. considers that any area is of adequate ecological, faunal, floral,
geomorphological, natural or zoological significance, then under Section 18 of this Act,
it may, by notification declare such an area as a Sanctuary for the purpose of
protecting propagating or developing wild life or its environment.
Under Section 27, no person other than
(a) A public servant on duty.
(b) A person permitted by the chief wildlife warden or the authorised officer to
reside within the limits of the sanctuary.
(c) A person who has any right over immovable property within the limits of the
sanctuary.
(d) A person passing through the sanctuary along a public highway.
(e) The dependents of the person referred to the above clauses shall enter or
reside in the sanctuary in accordance with the conditions of a permit granted
under section 28.
As long as a person resides in a sanctuary he shall be bound:
(a) 10 prevent the commission in the sanctuary, of an offence against this act.
(b) To help in discovering and arresting the offender in case such offence against
this act is believed to have been committed in such a sanctuary.
(c) To report the death of any wild animal and to safeguard its remains until the
chief wildlife warden or the authorised officer takes charge.
 36
(d) To extinguish any fire within his knowledge, in the sanctuary.
(e) To assist any forest officer, the chief wildlife warden, the wildlife warden or
police officer demanding his aid for preventing the commission of any offence
against this act.
4.3.6.9 Declaration of National parks and Closed Areas
Under Section 35, the State Govt. may by notification, declare an area as a
National Park, if it feels that area is important from ecological, faunal, floral,
geomorphologic, zoological point of view, for the purpose of protecting, propagating or
developing wild life therein or its environment and under Section 37, the State Govt.
may, by notification declare any area as closed to hunting for a specified period and no
hunting of any wild animal shall be permitted in such a closed area.
4.3.6.10 Constitution and Functions of Central Zoo authority
According to Section 38-A, the Central Govt. shall constitute the Central zoo
authority consisting of the following members, namely:
(a) chairperson
(b) not more than ten members (e) member-secretary
The central Zoo Authority shall perform the following functions under Section 38-C.
(a) specification of the minimum standards for housing, upkeep and veterinary
care of the animal kept in a zoo.
(b) evaluation and assessment of the functioning of the zoos with respect to the
prescribed standards.
(c) recognise and de-recognise zoos.
(d) identification of endangered species of the wild animals for purpose of captive
breeding.
(e) co-ordination of acquisition exchange and loading of animals for breeding
purposes.
4.3.6.11 Penalties for violation of the provisions in this Act
(a) A person violating any provision of this Act shall be guilty of an offence against
this Act and shall be punished with imprisonment for three years or a fine of
Rs. 23000/- or both.
(b) When a person is convicted of an offence against this Act, the court may order
that any captive animal, wild animal, animal article, tropy, trap, vehicle,
weapon etc., be forfeited to the State Govt. and that any licence or permit held
by such person under the provisions of this Act be cancelled in addition to the
other penalties awarded in such an offence.
(c) In case of cancellation of licence, the court may order that such a person shall
not be eligible for a licence under the Arms Act, 1959, for a period of 5 years
from the date of conviction.
 37
4.3.7 Salient features of The Ancient Monuments and Archaeological Sites and Remains
Act (1958)
An act to provide for the preservation of ancient and historical monuments and
archaeological site and remains of national importance, for the regulation of
archaeological excavations and for the protection of sculptures, carvings and other like
objects. Be it enacted by the parliament in the ninth year of the republic of India.
In 1997 the Honorable Supreme Court directed the Government of India to
maintain all national monuments under the respective acts referred to above and to
ensure that all of them are properly maintained so that the cultural and historical
heritage of India and the beauty and grandeur of the monuments, sculptures secured
through breathless and passionate labour workmanship, craftsman ship and the silks
of the Indian architects, artists ad masons is continued to preserved.
This Act may be called the Ancient Monuments and Archaeological Sites and
Remains Act, 1958. it extends to the whole of the country, but sections 22, 24, 25 and
26 shall not apply to the state of Jammu and Kashmir.
In this act unless or other wise requires “ancient monuments” means any
structure, erection or monument, or any tumulus or place of interment, or any cave,
rock-sculpture, inscription or monolith, which is of historical, archaeological, or artistic
interest and which has been in existence for not less than one hundred years, and
includes..
The remains of an ancient monument
 The site of an ancient monument
 Such portion of land adjoining the site of an ancient monument as may be
required for fencing or covering in or otherwise preserving such monument.
 The means of access to, and convenient inspection of, and ancient monument.
Based on this Act protected area and protected monument means an
archaeological site and an ancient which is declared to be of national importance by or
under this Act.
All ancient and historical monuments and all archaeological site and remains
which have been declared by the Ancient and Historical Monuments and
Archaeological Sites and Remains Act 1952 (71 of 1951) or by section 126 of the States
Reorganization act 1956 (37 of 1956) to be of national importance shall be deemed to
be of national importance to the purpose of this Act.
It empowers the central government to declare any ancient monument or
archaeological site and remains not included in section 3 is of national importance, it
may by notification in the official gazette, give two months notice of its intention to
declare such ancient monument or archeological site and remains to be of national
importance; and a copy of every such notification shall be affixed in a conspicuous
place near the monument or site or remains as the case may be.
Objections if any to this declaration has to be done within two months and then a
notification published under sub-section (3) shall, unless and until it is withdrawn, be
 38
conclusive evidence of the fact that the ancient monument or the archeological site and
remains to which it relates is of national importance for the purposes of this Act.
The Director-general of archaeology may with the sanction of the central
government, purchase or take a lease of or accept a gift or bequest of, any protected
monument. If there is no owner then to protect the monument the director general may
by gazette notification can take over it.
Preservation of protected monument will be done by the collector when so directed
by the Central government within a specified period
If the Director general apprehends that the owner or occupier of a protected
monument intends to destroy, remove, alter deface, imperil of misuse the monument or
to build on or near the site thereof in contravention of the terms of an agreement under
section 6, the Director general may authorise any person to do any such act, and the
owner or other person shall be liable to pay the expenses of doing any such act or such
portion of the expenses as the owner may be liable to pay under the agreement.
If the central government apprehends that a protected monument is in anger of
being destroyed, insured, misused or allowed to fall into decay, it may acquire the
protected monument under the provisions of the Land Acquisition Act 1894 (1 of 1894)
as if the maintenance of the protected monument were a public purpose within the
meaning of that Act.
The Director General is empowered to receive voluntary contribution towards the
cost of maintaining a protected monument. Right for access – subject to any rules
made under this act, the public shall have a right of access to any protected
monument.
No person including the owner or occupier of a protected area shall construct any
building within the protected area or carry any mining, quarrying, excavation, blasting
or any operation of like nature of such area, or utilize such area or any part thereof in
any other manner without the permission of the central government.
An archaeological officer may by giving notice to the collector and the owner, enter
upon and make excavations in any protected area. Where as a result of excavations
made in any are under section 21 and 22, any antiquities discovered, the officer shall
examine and report it to the central government, and should keep them in safe custody
and the compulsory purchase of such antiquities shall rest with central government.
The damage to the land or to the property will suitably compensated by the
central government and any dispute arises over this will settled according to the Land
acquisition Act 1894.
4.4 REVISION POINTS
1. Sailent feautures of water, air, and Environmental protection Act
4.5 INTEXT QUESTIONS
1. Explain the role of environmental legislations in protecting the environment.
2. Write the salient features of Water Act and Air Act.
 39
3. Explain the provisions and usefulness of environmental protection Act.
4. Explain the Salient features of “The Mines Act”.
5. List out the merits of Wild Life Protection Act.
6. State how Forest Act differs from the Wild Life protection Act.
 40
4.6 SUMMARY
The legal implications and the provisions made in various Acts were discussed.
The powers of the central government and state government, central and state
pollution control board, and the salient features of forest Act, wild life protection Act
were also discussed.
4.7 TERMINAL EXERCISES
1. Define objectives of Forest Conservation Act
2. Penalties for violating Environmental Protection Protecting Act
4.8 SUPPLEMENTARY MATERIALS
1. Yosemite.epa.gov
2. Mathan_reed.blogspot.com
4.9 ASSIGNMENTS
Discuss and write the ancient monuments and archaeological sites and remains Act.
4.10 SUGGESTED READING/ REFERENCE BOOKS /SET BOOKS
Cunnigham & William, Environmental science A global concern Tata Graw Hill
edition (2010), Newdelhi (ISBN-13; 978-0-07-338321-7)
4.11 LEARNING ACTIVITIES
Group discussion on (During PCP dates) Environmental Protection Act.
4.12 KEYWORDS
Environmental Legislation, Water Act, Air Act, Environmental Protection Act, Wild
life protection Act.


 41
CHAPTER – 5

CASE LAWS ON ENVIRONMENTAL ISSUES

5.1 INTRODUCTION
According to the State of Environment Report India 2009, India faces many
important environmental challenges which currently threaten both the development of
India and the outlook for its future. The state of India's environment is in upset at the
hands of uncontrolled human activities, and these ecological ailments are affecting
social growth potential. Degradation of land, increasing air pollution, depletion of water
resources, loss of indigenous species of flora and fauna and the background of
overwhelming poverty are depicted in the report to detract from the positive growth of
Indian people and the country as a whole.
Thus, India’s rapid growth is driving equally rapid environmental destruction. An
argument often put forth in developing countries is that it is unfair to ask people to
make environmental sacrifices during a period of growth and industrialization when
Western countries did not have to make the same choices. Yet, as we get a glimpse of
above, India, as a dense country of 1 billion people, faces unique challenges that need
unique responses. Here arises the need for environmental regulations and for
confirming compliances of these regulations. The Government of India has established
an environmental, legal and institutional system to meet these challenges within the
overall framework of India’s development agenda and international principles and
norms.
The environment is a complex interacting system. Natural resources, human
resources transforming those resources into cultural ones, and the waste generated by
this transformation are permanently interacting and conditioning each other. The law
is a useful tool to limit, monitor and regulate the use of natural resources, air, water,
forest, animal species, soil and mineral deposits. The environmental laws are evolved
based on the conventions, treaties, separate laws that regulate the interaction of
human with nature.
Environmental rules operate on human beings with a purpose of minimizing
impacts on the environment in order to ensure ecological equilibrium and preserve
human health. To achieve the goal of clean environment a two pronged strategy is
required, proper law enforcement and the attitude or willingness of the people to care
for the environment.
India with its large geographical area, huge urban and rural population adopts a
policy of unity in diversity. Even though the Central laws are common and imbibed on
all states and union territories, the local state governments are empowered to enact
certain laws in their legislature based on their own requirements. Based on the laws
enacted, many times during the time of conflict of interest the Judgements delivered by
Honourable High Court and the verdict delivered by the country’s highest court, The
Supreme Court of India is final in all matters.
 42
5.2 OBJECTIVES
This chapter on case laws will offer a better understanding on various case laws
related to environment.
5.3 CONTENTS
5.3.1 Definition of term Case Law
5.3.2 Case law on environment
5.3.3 Case law on environment
5.3.4 Leading cases related to environment
5.3.5 Prescribed legislation
5.3.6 prescribed books for environmental legislation
5.3.7 Recommended references
5.3.1 Definition of Term “Case law”
Case Law is the decisions, interpretations made by judges while deciding on the
legal issues before them which are considered as the common law or as an aid for
interpretation of a law in subsequent cases with similar conditions. Case laws are used
by advocates to support their views to favor their clients and also it influence the
decision of the judges.
5.3.2 Case Law on Environment
Writ Petition (civil) 13029 of 1985
The following Order of the Court was delivered:
With a view to check rapid deterioration of air quality in Delhi, which was
becoming a health hazard besides being an environmental enemy certaindirections
have been issued by this Court from time to time in the main Writ Petition.
On 28th July, 1998, some further directions were issued fixing a time schedule
after taking note of the recommendations made by the Bhure Lal Committee.
One of the important directions [direction (g)] issued on that date was to the effect
that the entire 'city bus fleet was to be steadily converted to a single fuel mode of CNG
by.31.3.2001'. Another direction [direction (f)] was to the effect that 'no eight year old
buses were to ply except on CNG or other clean fuel after 1st April, 2000'.
Unfortunately, neither the Governmental authorities nor private bus operators
acted seriously or diligently in taking steps for the purposes of complying with the
aforesaid directions and this was inspite of the fact that we had issued a strong
caution to all concerned in our order dated 28th July, 1998 that failure to comply with
the aforesaid directions could render the concerned punishable for committing
Contempt of Court.
A number of applications have now been filed and requests made at the bar
seeking extension of deadline to convert the entire city bus fleet to single fuel mode of
CNG beyond 31st March, 2001. The Court has, on each date of hearing, been making it
abundantly clear that the question of allowing buses, other than those which run on
CNG to ply after 31st March, 2001 did not arise.
 43
The Court made it clear to the administration as also to all other concerned that
they had failed to show sufficient earnestness for implementing the order dated 28th
July, 1998 in the matter of conversion of the commercial vehicles operating in Delhi
into CNG fuel mode; ignoring interest of health of citizens and the Court cold not
overlook their lapses. The extensions have now been sought finding that the deadline of
31st March, 2001 was fast approaching.
In the applications filed for extension of time, difficulties being faced by the
transporters because of the non-availability of CNG conversion kits free from all
defects; conversion of CNG at reasonable prices; lack of stabilization of CNG technology
in respect of public transport as also the non-availability of CNG and CNG cylinders
have been pointed out. There is however, no satisfactory explanation offered either by
the administration or the private transporters as to why they were sleeping over all this
time and did not point out the difficulties earlier.
We are conscious of the fact that due to lack of effective action taken by the
private but operators as also the governmental authorities, with effect from 1.4.2001
inconvenience is likely to be caused to the commuting public including the school
children who use the city buses, but, this "urban chaos", (to use the expression used
by the Administration) which may arise as a result of not extending the deadline fixed
by this Court, however, is a creation of the administration and the private operators
and they have to thank them-selves for it. They are accountable to the commuting
public for creating this situation. The administration does admit its lapses' but the
learned Additional Solicitor General has time and again submitted that for their lapses,
"let the commuting public not suffer". It appears to be an argument of despair.
Out of a total fleet of 12,000 - 14,000 buses which operate locally in Delhi, the
DTC has a fleet of about 2,000 buses. About 6,000 buses operate on contract carriage
system. Approximately 6,200 buses run on Stage Car-riage Permit. These stage
carriage buses operate locally in Delhi, either under the DTC KM. Scheme or under the
permit scheme.
On behalf of the Stage Carriage Permit transport operators, learned senior
counsel, submitted that all their existing buses are meeting emission norms for diesel
vehicles as prescribed under the Motor Vehicles Act and, therefore, they cannot be
denied their right to ply their buses 'even if they do not conform to the directions
issued by this Court on 28th July, 1998' since they were not heard before fixing the
time schedule on 28th July, 1998 (as they were not parties to the writ petition).
In other words what is sought to be challenged on behalf of these operators is the
correctness of the order passed on 28th July, 1998 at this belated stage. It is not
possible to accept that all these years, these private operators were "unaware" of the
directions issued by this Court on 28th July, 1998. We are not impressed with the
argument of senior counsel.
The directions issued by us were not in any adversarial litigation. Besides our
order was, and as order in rem and not an order in personam. All private operators,
who operate their buses in Delhi are bound by these orders, which were made to
 44
safeguard the health of the citizens, being a facet or Article 21 and had been publicised
from time to time both in the electronic as well as print media. That apart, the Bhure
Lal Committee had been set up under the Environment Protection Act and it was
directed by this Court that the Committee could give directions towards effective
implementation of the safeguards of Environment Protection Act, more particularly in
matters aimed at preventing air-pollution. Directions issued by the Bhure Lal
Committee have, thus, legal sanctions and when accepted and incorporated by this
Court become a part of its order, binding on all parties. Besides, directions given for
safeguarding health of the people, a right provided and protected by Article 21 of the
Constitution, would override provisions of every statute including the Motor Vehicles
Act, if they militate against the constitutional mandate of Article 21. We must,
however, hasten to add that norms fixed under Motor Vehicles Act are in addition to
and not in derogation of the requirements of Environment Protection Act. If the owners
of the Stage Carriage buses chose to ignore the directions issued by this Court on 28th
July, 1998, they did so at their own peril. We wish to re-emphasise that those of the
private bus operators, who have chosen not to comply with the Court's orders and have
not taken any steps for conversion of the vehicles to the CNG mode are not entitled to
any indulgence from this Court. They must thank themselves for the situation in which
they find themselves.
The DTC and some other private operators, though belatedly, have now taken
steps and placed orders for CNG buses. Some of the schools, which own their own
buses, have placed orders for CNG buses or conversion of their existing buses to CNG
mode. Most of the schools are hiring buses from the DTC and other private operators.
Some other private operators have also taken steps to convert their buses to CNG mode
either by placing orders for Hew CNG buses or by conversion to CNG mode.
In the affidavit filed on 22nd March, 2001 on behalf of the DTC, it has been stated
that currently 860 buses, both CNG and diesel, are being plied on school duties. It is
further stated in the affidavit that these buses, apart from performing school duties in
the morning and in the evening, are also, deployed on the general route duties from the
nearby depots or terminals.
It is also stated in the affidavit that in addition to 860 buses on school duties, 160
spare buses are kept ready for deployment in case of replacement if the need arises.
The affidavit discloses that orders have been placed by DTC for 1880 CNG buses and
that order for another 120 buses is likely to be given shortly.
In so far as contract carriage permit holders are concerned, we are informed that
they have about 6000 buses in operation. According to their learned counsel, out of the
said number of buses, 3100 buses run as school buses within Delhi under contract
with different schools. About 1400 buses run as contract carriage to and from Delhi
and within Delhi Approximately 1000 buses have ail India tourist permits and they ply
inter-State. Approximately, 500 buses are 27 sealers and air-conditioned, which are
solely used for the benefits of tourists to visit tourist spots in and around Delhi. On
 45
their behalf their learned counsel has stated that these contract carriage permits
holders have already placed orders for about 1000 new CNG buses.
After hearing learned counsel for the parties seeking extension of the March 31,
2001 deadline, we are of the opinion that a blanket extension of deadline cannot be
given as that would amount to putting premium on the lapses and inaction of the
administration and the private transport operators. Orders of this Court cannot be
treated lightly. They are meant to be complied with in letter and in spirit. We, therefore,
categorically decline to give any blanket extension of our directions (g) and (f) as
contained in the order dated 28th July, 1998. However, in public interest and with a
view to mitigate the sufferings of the commuter public in general and the school
children, in particular, we make the following relaxations or exemptions:
1. Those schools which have as on 31st March, 2001 placed firm orders for
replacement or conversion of the school buses owned by them to CNG mode,
but, who have not so far obtained such buses running on CNG mode, are
permitted to run their existing buses, equal to the number of buses for which
conversion orders have been placed, provided such buses are not more than
eight year old, upto 30th September, 2001 Those schools who are entitled to
and wish to avail of this concession, shall before 31.3.2001 file affidavits in this
Court giving details of the buses owned by them and the particulars of the
orders placed by them for new CNG buses or for conversion of the existing
buses to CNG mode. They will keep on replacing the existing buses with CNG
buses as and when made available during this period.
2. DTC has placed orders for 1880 buses. Some of the CNG buses have already
been received by them and are on their fleet. We permit the DTC to run 1880
existing buses including the existing CNG buses which are not more than eight
year old till 30th September, 2001. This, however, is subject to the condition
that out of these 1880 buses, a full compliment of buses for the schools, namely
860 buses plus the requisite spare buses shall be deployed for school duty. As
and when new CNG buses are received by DTC, the existing buses shall be
replaced.
3. It is represented on behalf of contract carriage operators of inter-state and
tourist buses that the applicants were under the bona fide impression that the
expression "city bus fleet" in direction (g) of the order dated 28th July, 1998 was
not meant to take within its ambit buses owned by such tour operators as they
run mostly on inter-State routes as luxury coaches.
4. Even if that be so, their case would certainly be covered by condition (f) of the
order dated 28th July, 1998, which provided that no eight year old buses were
to ply except on CNG or other clean fuel after 1st April, 2001. Even if, it was
bona fide believed that these buses were not to be converted to single fuel mode
of CNG, they could not in any case ply except on CNG or other clean fuel, such
buses which were not more than 8 years old. Diesel, especially of the type
 46
available in India, is not regarded as a clean fuel whereas unleaded petrol with
tow Benzene content is considered as clean fuel. These bus operators definitely
need to comply with the directions given by us on 28th July, 1998 and it is for
them to switch over to CNG or other clean fuel.
Out of the 6000 contract carriage buses, about 3100 also ply as school buses.
We direct that owners of such contract carriage buses, who have already taken
steps for replacement of their buses by CNG buses or conversion to CNG mode,
shall file affidavits giving particulars of the existing buses and details of the
orders placed for replacement or conversion to CNG mode before 31st of March,
2001. They shall be permitted to ply their existing buses, equal to the number of
existing buses for which steps have been taken to convert or replace to CNG
mode, provided the existing buses are not more than 8 years old. Such buses
shall be permitted to ply till 30th September, 2001.
5. If any other bus operators, including stage carriage permit holders, have placed
or shall place by 31st March, 2001 firm orders for CNG buses or for conversion
to CNG mode, they shall also be permitted to operate equal number of their
existing buses, which are not more than eight year old till 30th September,
2001, under the control and direction of the transport department subject to
their filing undertakings in this Court by way of affidavits giving details of the
buses owned by them, orders placed for conversion/new CNG buses by 31st
March, 2001.
6. Owners of other commercial vehicles including autos, who have placed firm
orders for new CNG vehicles or for conversion to CNG mode shall also give
details on affidavits by 31st March, 2001 about their existing vehicles, as also
details of the orders placed by them for new CNG vehicles or for conversion to
CNG mode.
On these affidavits being filed, they shall also be permitted to operate an equal
number of existing commercial vehicles, provided the vehicles are not more than
eight year old, till 30th September, 2001,
7. We are of the view that tourists should not be put to avoidable inconvenience.
After taking note of the fact that the number of buses owned by operators
having All India Tourist Permit is limited, we permit the operators of All India
Tourist Permits to ply their existing buses (bothair-conditioned and others),
which are not eight year old, till 30th September, 2001, They shall, however, give
details of such buses and also file an undertaking before 31.3.2001, agreeing to
replace their fleet to ply either on CNG or other clean fuel by 30th September,
2001.
8. We direct that after 1st April, 2001, no commercial vehicle will be registered in
Delhi which does not conform to the order dated 28th July, 1998.
 47
9. The transport department shall take steps to ensure that there is no misuse or
abuse of the relaxations given by us above.
10. We, reiterate that except for the relaxation given above, no other commercial
vehicles shall ply in Delhi unless converted to single fuel mode of CNG with
effect from 1st April, 2001.
During the course of arguments, it was contended before the court that low
sulphur diesel should be regarded as a clean fuel and buses be permitted to run on
that It was submitted that in some other countries ultra low sulphur diesel which has
sulphur content of not more 0.001 per cent is now available. We direct the Bhure Lal
Committee to examine this question and permit the parties to submit their written
representations to the Committee in thatbehalf. The Committee may submit a report to
this Court in that behalf as also indicate as to which fuel can be regarded as "clean
fuel", which does not cause pollution or is otherwise injurious to health. Let the report
be submitted within one month.
5.3.3 Case Law on Environment
Writ Petition (civil) 860 of 1991
The direction issued by Court reads thus:
"We accept on principle that through the medium of education awareness of the
environment and its problems related to pollution should be taught as a compulsory
subject. Learned Attorney General pointed out to us that the Central Government is
associated with education at the higher levels and University Grants Commission can
monitor only the under graduate and post graduate studies. The rest of it, according to
him, is a state subject. He has agreed that the University Grants Commission will take
appropriate steps immediately to give effect to what we have said, i.e. requiring the
Universities to prescribe a course on environment.
They would consider the feasibility of making this a compulsory subject at every
level in college education. So far as education up to the college level is concerned, we
would require every State Government and every Education Board connected with
education upto the matriculation stage or even intermediate colleges to immediately
take steps to enforce compulsory education on environment in a graded way. This
should be so done that in the next academic year there would be compliance with this
requirement."
It is seen that as per this direction this Court has directed the respondents-States
and other authorities to create environmental awareness amongst the students
through the medium of education. Accepting the suggestion made by the then Attorney
General, this Court required the State Governments and other authorities connected
with the education to introduce compulsory education on environment upto
matriculation stage or even in intermediate stage in a graded way.
Though belatedly, we notice from the replies filed by the respondents, some steps
have been taken by the States and other authorities concerned to comply with the said
directions issued by this Court. However, Shri M.C.Mehta contends that the steps
taken by the various States and other authorities are insufficient and not in conformity
 48
with the spirit and object of the above order of this Court. He submitted that the States
and other authorities concerned should prescribe a suitable syllabus by way of a
subject on environmental awareness, not only in the primary level of education but
also in the higher courses leading upto even post graduate level. He submits that the
University Grants Commission, NCERT and AICTE who are some of the apex bodies in
prescribing and controlling educational standards should be directed to work out a
proper syllabus to be taught at different levels uniformly all over the country. In the
absence of such uniform prescribed syllabus in the educational institutions in various
States, different institutions are adopting different methods some of which are only
basic which do not fulfil the requirements of the directions issued by this Court.
Having heard the learned counsel for the parties and bearing in mind the burden
that may be imposed on the students by introducing an additional subject, we think
for the present the steps taken by the respondents as indicated in their affidavits could
be accepted pending further consideration in this regard. However, to make sure that
these steps taken by the concerned states are implemented without fail, we direct all
the respondents-States and other authorities concerned to take steps to see that all
educational institutions under their control implement respective steps taken by them
and as reflected in their affidavits fully, starting from the next academic year, viz.,
2004-2005 at least, if not already implemented. The authorities so concerned shall
duly supervise such implementation in every educational institutions and non-
compliance of the same by any of the institution should be treated as a disobedience
calling for instituting disciplinary action against such institutions. This acceptance
of an interim arrangement, however, will not prevent the respondents-State and other
authorities from drawing up or of taking further steps to more effectively fulfill the
objects of the directions issued by this Court earlier. We also direct the NCERT which
is a respondent herein to prepare a module syllabus to be taught at different grades
and submit the same to this Court by the next date of hearing so that we can consider
the feasibility to introduce such syllabus uniformly throughout the country at different
grades.
5.3.4 Leading Cases Related to Environment
1. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
(Bichhri Village case)
2. Narmada Bachao Andolan v. Union of India, AIR 2000 SC 3751
3. M.C. Mehta v. Union of India, AIR 2002 SC 1696 (CNG Vehicles case)
4. Rural Litigation and Entitlement Kendra V. State of U.P., AIR 1982 SC 652
(Dehradun-Mussorie Hills quarrying case)
5. M.C. Mehta v. Union of India, AIR 1997 SC 734 (Taj Trapezium case)
6. M.C. Mehta v. Union of India, (2006) 3 SCC 399 (Closure of industries in
Delhi)
7. M.C. Mehta v. Union of India, AIR 1988 SC 1037 (Kanpur Tanneries case)
8. M.C. Mehta v. Union of India, AIR 1988 SC 1115 (Municipalities case)
 49
9. M.C. Mehta v. Union of India, AIR 1987 SC 965 (Oleum Gas Leakage)
10. U.P. Pollution Control Board v. Dr. Bhupendra Kumar Modi (2009) 2 SCC 147
5.3.5 Prescribed Legislations
1. The Water (Prevention and Control of Pollution) Act, 1974
2. The Air (Prevention and Control of Pollution) Act, 1981
3. The Environment (Protection) Act, 1986
4. The Public Liability Insurance Act, 1991
5. The National Environment Tribunal Act, 1995
6. The National Environment Appellate Authority Act, 1997
7. The Biological Diversity Act, 2002
8. The Wildlife (Protection) Act, 1972
9. The Forest (Conservation) Act, 1980
10. The Indian Forest Act, 1927
11. The Scheduled Tribes and Other Traditional Dwellers (Recognition of Forest
Rights) Act, 2007.
5.3.6 Prescribed Books
1. Shyam Diwan and Armin Rosencranz, Environmental Law and Policy in India
–Cases, Materials and Statutes (2nd ed., 2001)
2. P. Leelakrishnan, Environmental Law Case Book (2nd ed., 2006)
3. Gurdip Singh, Environmental Law in India (2005)
4. P. Leelakrishnan, Environmental Law in India (3rd ed., 2008)
5.3.7 Recommended References
1. The National Environment Policy, 2006
2. The National Forest Policy, 1988
3. The National Water Policy, 2002
4. The Wildlife Conservation Strategy, 2002
5. The World Commission on Environment and Development, our common
future 1987.
5.4 REVISION POINTS
1. Environment and its component Holistic approach to environmental problems
5.5 INTEXT QUESTIONS
1. Define the term case law.
2. What do you understand by the term “case law on environment”.
3. Discuss with an example a case law related to environment.
4. Give examples for cases (case law) related to environment.
5. Enumerate the various legislation (Actss) related to environment.
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5.6 SUMMARY
In this chapter a brief introduction to case law and examples on two specific issues
(case laws) were discussed.
5.7 TERMINAL EXERCISES
Define
a) Biotic Component
b) Abiotic Component
5.8 SUPPLEMENTARY MATERIALS
1. www.graduate guide.com
2. www.study link.com
5.9 ASSIGNMENTS
Discuss and write in detail about social issues and the Environment.
5.10 SUGGESTED READING/ REFERENCE BOOKS /SET BOOKS
Suresh.K.Dhameja, Environmental Engineering and Management, S.K.Kataria &
Sons (2003), New Delhi.
5.11 LEARNING ACTIVITIES
Group discussion on (during PCP dates) Roles of IT in environment.
5.12 KEYWORDS
Case law, Case law on environment, leading cases.
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Annamalai University Press 2018 – 2019
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