Q1.

Answer the following [20 marks]

a.) What is Environment Impact Assessment?

b.) Identification: Identify potential environmental impacts of a
proposed project.
c.) Prediction and Evaluation: Assess the magnitude, extent, and
significance of these impacts.
d.) Mitigation: Propose measures to minimize, mitigate, or offset
adverse impacts.
e.) Public Participation: Engage stakeholders and the public to
gather input and address concerns.
f.) Decision-Making: Regulatory authorities make decisions based on
EIA findings.
g.) Monitoring: Ensure implementation of mitigation measures and
ongoing environmental management.

b.) Which amendment to the Indian Constitution has a two-fold

provision for environmental protection?
The 42nd Amendment to the Indian Constitution, enacted in 1976,
introduced a two-fold provision for environmental protection:

1. Incorporation of Environmental Protection into Directive

Principles of State Policy: Article 48A was added, directing the
state to protect and improve the environment and safeguard forests
and wildlife.
2. Inclusion of Environmental Safeguards in Fundamental
Duties: Article 51A(g) was added, making it a fundamental duty of
every citizen to protect and improve the natural environment,
including forests, lakes, rivers, and wildlife, and to have compassion
for living creatures.

c.) What is the “Joint Board” under the Water Act, 1974?
The "Joint Board" under the Water (Prevention and Control of Pollution)
Act, 1974 refers to a regulatory body established at the state level in
India. Here's a summary:

1. Composition: The Joint Board consists of members representing

the Central Government, the State Government, and technical
experts in the field of water pollution control.
2. Functions: It is responsible for advising the State Government on
matters related to the prevention and control of water pollution,
including the formulation of policies and strategies.
 3. Powers: The Joint Board has the authority to recommend standards
for the prevention and control of water pollution, as well as
guidelines for the treatment and disposal of industrial effluents and
sewage.
4. Coordination: It facilitates coordination between various agencies
involved in water pollution control, such as pollution control boards,
government departments, and industry stakeholders.
5. Monitoring and Compliance: The Joint Board monitors the
implementation of pollution control measures and ensures
compliance with regulatory standards through inspections and
enforcement actions.

d.) Define “Sustainable Development”?

Sustainable development is a concept that seeks to meet the needs of the
present generation without compromising the ability of future generations
to meet their own needs. Here's a brief overview:

1. Balancing Social, Economic, and Environmental Needs:

Sustainable development aims to achieve a balance between social
progress, economic growth, and environmental protection.
2. Long-Term Perspective: It emphasizes long-term thinking and
planning to ensure that resources are managed wisely and equitably
for current and future generations.
3. Interconnectedness: Recognizing the interconnectedness of
social, economic, and environmental systems, sustainable
development seeks integrated solutions to complex challenges.
4. Equity and Justice: Sustainable development promotes equity and
social justice by ensuring that the benefits of development are
shared equitably and that vulnerable communities are not
disproportionately affected by environmental degradation or
resource depletion.
5. Resource Efficiency: It emphasizes the efficient use of resources,
minimizing waste and pollution, and promoting renewable energy
sources to reduce environmental impact.

e.) Define Silence Zone under the Noise Pollution Rules.

A "Silence Zone" under the Noise Pollution Rules refers to specific areas
where noise levels must be strictly regulated and maintained at lower
levels to preserve tranquility and protect sensitive institutions or areas.
Here's a concise summary:

1. Designated Areas: Silence Zones are typically designated around

sensitive locations such as hospitals, educational institutions,
religious places, and courts.
 2. Noise Limits: Noise levels in Silence Zones are subject to stricter
limits compared to other areas, aiming to ensure peaceful and
conducive environments for activities like healing, learning, worship,
and legal proceedings.
3. Regulation: Activities producing excessive noise, such as
construction work or loud gatherings, are restricted or regulated
within Silence Zones to prevent disturbances and maintain ambient
noise levels.
4. Enforcement: Authorities enforce noise pollution regulations more
rigorously in Silence Zones to uphold the tranquility and well-being
of the people using these areas.

f.) Under Section 22 A of the Air Act the Board can make an
application to which court to restrain the person from causing
Air Pollution.
Under Section 22 A of the Air (Prevention and Control of Pollution) Act,
1981, the Pollution Control Board can make an application to the
Appropriate Court to restrain a person from causing air pollution. Here's
a concise summary:

1. Legal Authority: Section 22 A empowers Pollution Control Boards

to take legal action against individuals or entities responsible for
causing air pollution.
2. Application: The Pollution Control Board can file an application in
the Appropriate Court seeking an order to restrain the person or
entity from activities that lead to air pollution.
3. Scope of Restraint: The court order may prohibit or restrict
specific activities, processes, or operations that contribute to air
pollution, to mitigate environmental harm.
4. Enforcement: Once the court issues a restraining order, it is legally
binding, and failure to comply can result in penalties or other legal
consequences.

g.) Who is an “Occupier” under the Water Act?

An "Occupier" under the Water (Prevention and Control of Pollution) Act,
1974 refers to any person who has control over the premises where a
trade or industry is carried out. Here's a brief overview:

1. Definition: An Occupier is defined as any person who has control

over the premises, including the owner or lessee of the property.
2. Responsibilities: The Occupier is responsible for ensuring
compliance with pollution control regulations, including obtaining
necessary permits and licenses, implementing pollution prevention
measures, and maintaining records.
 3. Liabilities: The Occupier may be held liable for any pollution or
environmental damage caused by activities conducted on the
premises, including the discharge of pollutants into water bodies.
4. Enforcement: Regulatory authorities may take enforcement
actions against the Occupier for violations of the Water Act,
including issuing fines, penalties, or closure orders.

h.) Define “Air Pollution” under the Air Act.

"Air Pollution" under the Air (Prevention and Control of Pollution) Act, 1981
refers to the presence of contaminants or substances in the air that
exceed permissible limits, leading to adverse effects on human health, the
environment, or property. Here's a concise summary:

1. Definition: Air Pollution is the presence of pollutants in the

atmosphere, including gases, particulate matter, biological
molecules, or other harmful substances, beyond prescribed
standards.
2. Sources: Air pollution can originate from various sources, including
industrial emissions, vehicular exhaust, agricultural activities,
burning of fossil fuels, construction activities, and natural
phenomena like dust storms and wildfires.
3. Health Impacts: Exposure to air pollution can cause respiratory
diseases, cardiovascular problems, neurological disorders, and other
health issues, leading to increased mortality and morbidity rates.
4. Environmental Effects: Air pollution can harm ecosystems,
damage vegetation, disrupt wildlife habitats, and contribute to acid
rain, ozone depletion, and climate change.
5. Regulation: The Air Act aims to prevent and control air pollution by
establishing standards for emissions, regulating industrial
processes, promoting cleaner technologies, and monitoring air
quality to safeguard public health and the environment.

i.) Who do you mean by “Cognizance of Offence” under EPA,

1986?
"Cognizance of Offence" under the Environment Protection Act (EPA),
1986 refers to the legal process by which a court becomes aware of an
environmental offense or violation. Here's a brief overview:

1. Initiation: Cognizance of an offense under the EPA can be taken by

a court upon receiving a complaint or report from a relevant
authority, such as the Central Pollution Control Board (CPCB) or
State Pollution Control Board (SPCB), or upon its own knowledge or
information.
2. Legal Proceedings: Once cognizance is taken, the court initiates
legal proceedings against the alleged offender(s) based on the
 evidence presented and relevant provisions of the EPA and other
environmental laws.
3. Adjudication: The court evaluates the evidence and arguments
presented by both the prosecution and the defense to determine
whether an offense has been committed and, if so, the appropriate
penalties or remedies to be imposed.
4. Enforcement: Cognizance of offenses under the EPA enables courts
to enforce environmental laws, deter violations, and promote
compliance with regulatory standards to protect the environment
and public health.

j.) Define “Animal Article” under the Wild Life Act.

"Animal Article" under the Wildlife (Protection) Act, 1972 refers to any
article made from any captive or wild animal, other than vermin, and
includes trophies, handicrafts, ivory, animal parts, and derivatives. Here's
a concise summary:

1. Definition: An Animal Article encompasses items derived from both

captive and wild animals, excluding vermin species.
2. Examples: It includes a wide range of products such as trophies,
handicrafts, jewelry, furniture, clothing, and traditional medicines
made from animal parts like skins, bones, feathers, horns, and
teeth.
3. Scope: The term covers not only the physical objects but also their
components, derivatives, or by-products obtained from animals.
4. Regulation: The Wildlife Act prohibits the trade, sale, purchase, or
possession of Animal Articles derived from protected species
without proper authorization to prevent illegal wildlife trafficking and
conserve endangered species.

________________________________________________________________
Q2. Short note on any four: [20 marks]
a.) Oleum Gas Leak Case
The Oleum Gas Leak Case refers to one of the worst industrial disasters in
India, which occurred at the Shriram Food and Fertilizer Plant in Delhi on
December 4, 1985. Here's a summary:

1. Incident: A massive leak of toxic oleum gas (a form of sulfuric acid)

occurred at the Shriram Food and Fertilizer Plant, located in the
densely populated area of Keshavpuram in Delhi.
2. Casualties and Impact: The gas leak resulted in the deaths of
several people and caused injuries to thousands of others. Many
 suffered from respiratory problems, eye irritation, and other health
issues due to exposure to the toxic fumes.
3. Response: The incident prompted a major emergency response
effort, including evacuation of affected areas, medical treatment for
the injured, and containment of the leak.
4. Investigation and Legal Action: The government conducted
investigations into the cause of the gas leak and identified lapses in
safety measures and negligence on the part of the plant
management.
5. Legal Proceedings: Legal action was taken against the company
and its officials for violations of safety regulations and negligence
leading to the disaster. The case involved both civil and criminal
proceedings.
6. Regulatory Changes: The Oleum Gas Leak Case highlighted the
need for stricter enforcement of industrial safety regulations and led
to reforms in environmental and industrial safety laws in India.

b.) Eco-Friendly Labelling Scheme

The Eco-Friendly Labelling Scheme is a program that identifies and
certifies products and services that meet specific environmental standards
or criteria, indicating their eco-friendliness to consumers. Here's an
overview:

1. Purpose: The scheme aims to promote environmentally sustainable

products and encourage consumers to make informed choices by
providing clear and credible information about a product's
environmental attributes.
2. Criteria: Products certified under the scheme typically meet certain
criteria related to environmental performance, such as energy
efficiency, use of recycled materials, minimal use of harmful
chemicals, reduced carbon footprint, and adherence to sustainable
production practices.
3. Certification Process: Manufacturers or producers voluntarily
participate in the scheme by submitting their products for
evaluation by an independent certification body. If the products
meet the specified criteria, they are granted eco-friendly
certification and allowed to display the eco-label on their packaging
or marketing materials.
4. Benefits: Eco-friendly labeling helps consumers identify products
that are less harmful to the environment, thus encouraging
sustainable consumption patterns. It also incentivizes businesses to
adopt environmentally responsible practices and differentiate their
products in the market.
5. Regulation: Some eco-friendly labeling schemes may be supported
or regulated by government agencies or industry associations to
ensure transparency, credibility, and consistency in certification
processes.
 6. Global Recognition: While eco-friendly labeling schemes may vary
by region or country, some certifications have global recognition,
allowing products to be marketed internationally as environmentally
friendly.

c.) Noise Pollution Rules

The Noise Pollution Rules are regulations established under the
Environment Protection Act, 1986, to control and mitigate noise pollution
in India. Here's an overview:

1. Objective: The rules aim to regulate and control noise pollution

levels in various environments to safeguard public health, well-
being, and the environment.
2. Scope: The rules apply to all areas, including industrial,
commercial, residential, and silence zones, where permissible noise
levels are defined based on the time of day and location.
3. Permissible Noise Levels: The rules specify permissible noise
levels for different zones and periods, with stricter limits in sensitive
areas like residential zones, educational institutions, hospitals, and
religious places.
4. Prohibited Activities: Certain activities that cause excessive
noise, such as using loudspeakers, horns, construction work,
industrial operations, and firecrackers, may be restricted or
prohibited during specified times to minimize disturbances.
5. Enforcement: The rules empower local authorities, pollution
control boards, and law enforcement agencies to enforce noise
pollution regulations, conduct monitoring, and take appropriate
actions against violators.
6. Public Awareness and Participation: The rules emphasize public
awareness campaigns, community engagement, and public
participation in noise pollution control efforts to foster cooperation
and compliance.
7. Penalties: Violations of the Noise Pollution Rules may result in
penalties, fines, or other enforcement actions against individuals,
businesses, or organizations found to be responsible for excessive
noise.

d.) Stockholm Conference

The Stockholm Conference refers to the United Nations Conference on the
Human Environment held in Stockholm, Sweden, from June 5 to June 16,
1972. Here's an overview:

1. Purpose: The conference was the first major international meeting

on environmental issues convened by the United Nations, aiming to
 address growing concerns about environmental degradation and its
impact on human health and well-being.
2. Participants: Representatives from 113 countries, as well as
intergovernmental organizations, non-governmental organizations
(NGOs), and experts in various fields, attended the conference.
3. Key Agreements: The Stockholm Conference resulted in the
adoption of the Stockholm Declaration, which outlined principles
and guidelines for environmental protection and sustainable
development. It also led to the establishment of the United Nations
Environment Programme (UNEP) to coordinate international efforts
on environmental issues.
4. Principles: The Stockholm Declaration emphasized the right to a
healthy environment, the responsibility of nations to protect and
improve the environment, the importance of environmental
education and awareness, and the need for international
cooperation to address global environmental challenges.
5. Legacy: The Stockholm Conference is considered a landmark event
in the history of global environmental governance, setting the stage
for subsequent international agreements and initiatives on
environmental protection, including the Rio Earth Summit in 1992
and the adoption of the Sustainable Development Goals (SDGs) in
2015.

e.) Hazard Waste Rules

The Hazardous Waste Rules are regulations established under the
Environment Protection Act, of 1986, to manage and regulate the
generation, handling, treatment, and disposal of hazardous wastes in
India. Here's an overview:

1. Objective: The rules aim to prevent and control pollution caused by

hazardous wastes and ensure their safe and environmentally sound
management to protect human health and the environment.
2. Definition of Hazardous Waste: Hazardous wastes are defined
based on their characteristics, such as toxicity, flammability,
corrosiveness, and reactivity, as well as their specific sources and
processes of generation. Examples include industrial chemicals,
pesticides, pharmaceuticals, heavy metals, and electronic waste.
3. Classification: Hazardous wastes are classified into categories
based on their characteristics and sources, with specific regulations
governing their handling, transportation, storage, treatment, and
disposal.
4. Authorization and Licensing: Generators, transporters, and
operators of facilities involved in the management of hazardous
wastes are required to obtain authorization or licenses from
regulatory authorities to ensure compliance with safety and
environmental standards.
 5. Waste Minimization and Recycling: The rules emphasize the
principles of waste minimization, reuse, recycling, and recovery to
reduce the generation of hazardous wastes and promote sustainable
waste management practices.
6. Liability and Enforcement: The rules establish liability for
violations of hazardous waste regulations and empower regulatory
authorities to enforce compliance through inspections, monitoring,
penalties, and legal actions against offenders.
7. Public Awareness and Stakeholder Engagement: The rules
promote public awareness, education, and stakeholder engagement
to foster cooperation and collaboration in hazardous waste
management efforts.

f.) Under the Air Act “Power of Entry and Inspection”

Under the Air (Prevention and Control of Pollution) Act, 1981, the "Power
of Entry and Inspection" grants authorized individuals the right to enter
and inspect premises to enforce air pollution control regulations. Here's an
overview:

1. Authorization: Designated officers, inspectors, or officials

appointed by the pollution control boards or other competent
authorities are authorized to exercise the power of entry and
inspection.
2. Purpose: The power of entry and inspection is exercised to ensure
compliance with the provisions of the Air Act and related rules and
regulations, including monitoring emissions from industrial
processes, verifying compliance with emission standards, and
assessing pollution control measures.
3. Scope: Authorized individuals have the right to enter and inspect
any premises, industrial plant, equipment, vehicle, or place where
air pollution control measures are required to be implemented or
where emissions may be discharged into the atmosphere.
4. Procedure: Inspections may be conducted with or without prior
notice, depending on the circumstances and the urgency of the
situation. During inspections, authorized individuals may examine
records, take samples, conduct tests, and gather evidence to assess
compliance with air pollution control requirements.
5. Enforcement: If violations of air pollution control regulations are
identified during inspections, regulatory authorities may take
enforcement actions, such as issuing notices, imposing penalties, or
initiating legal proceedings against the responsible parties.

________________________________________________________________
Q3. Solve (any two) of the following: [12 marks]
a.) “X” enters along with his friends in a Sanctuary, planning a
picnic with food and liquor. They had sharp weapons,
matchboxes, and kerosene with them. In the influence of liquor
two among them killed a black-buck.

What are the rules for authorized entry in Sanctuary and who
issues permission?
Hunted black-buck will be whose property.
What action will be taken against “X” and his friends?

In India, entry into a sanctuary is regulated under the Wildlife (Protection)

Act, of 1972, and the rules for authorized entry are typically governed by
the specific provisions of the act and regulations established by the
relevant state government or forest department. Here's a general
overview:

1. Authorized Entry: Entry into a sanctuary for activities such as

picnics or recreational outings usually requires permission from the
forest department or relevant authorities. Permission is typically
granted through permits or passes issued by the forest department.
2. Permission Issuance: Permissions for entry into sanctuaries are
usually issued by the Chief Wildlife Warden or other authorized
officers of the state forest department. These permissions may have
specific conditions regarding the activities permitted, areas
accessible, and restrictions on carrying certain items like liquor,
sharp weapons, or flammable materials.
3. Ownership of Hunted Black Buck: According to the Wildlife
(Protection) Act, 1972, all wild animals, including blackbucks, are
considered the property of the state government. Therefore, the
black-buck hunted by "X" and his friends would be considered the
property of the state government.
4. Action Against Offenders: "X" and his friends would likely face
severe legal consequences for their actions. The killing of a
protected species like the blackbuck is a serious offense under the
Wildlife (Protection) Act, 1972, and can result in imprisonment and
hefty fines. Additionally, the possession of sharp weapons,
matchboxes, and kerosene within a sanctuary without authorization
may also lead to legal action for violating sanctuary rules and
endangering wildlife.

b.) Some of the Tanneries at a river bank discharge untreated

solid and liquid waste on land and water of the river causing
the surrounding area highly polluted. Surrounding residents
were fed up with the nuisance.

What are the remedies available to nearby residents?

What action will be taken against defaulting Tanneries?
Cite a similar decided case.

Residents affected by pollution from nearby tanneries have several

potential remedies available to them:

1. Legal Action: Affected residents can file a complaint with the

pollution control board or environmental authorities, highlighting the
pollution caused by the tanneries. They can also seek legal
assistance to explore options for civil litigation against the tanneries
for damages caused by pollution to their health, property, and
quality of life.
2. Public Awareness and Advocacy: Residents can raise awareness
about the pollution issue among local communities, media outlets,
and relevant stakeholders. They can organize community meetings,
rallies, and advocacy campaigns to highlight the adverse impacts of
pollution and pressure authorities to take action against the
tanneries.
3. Community Engagement: Residents can collaborate with
environmental organizations, NGOs, and experts to develop
community-based solutions for addressing pollution and advocating
for sustainable alternatives to tannery operations.
4. Seeking Government Intervention: Residents can petition local
government authorities and elected representatives to take prompt
and effective action against the defaulting tanneries. This may
include demanding stricter enforcement of pollution control
regulations, imposition of fines or penalties, and implementation of
measures to mitigate pollution.

Regarding the action against defaulting tanneries:

1. Enforcement Actions: The pollution control board or

environmental authorities can initiate enforcement actions against
the defaulting tanneries for violating pollution control regulations.
This may include issuing notices, imposing fines, suspending
operations, or revoking licenses or permits.
2. Closure Orders: In severe cases of non-compliance or persistent
pollution, authorities may order the closure of the tanneries to
prevent further harm to the environment and public health.
 3. Legal Proceedings: Defaulting tanneries may face legal
consequences, including prosecution under environmental laws and
regulations. They may be required to compensate for environmental
damages, undertake remediation measures, and comply with
pollution control standards.

One similar decided case is the "Taj Trapezium Case" in India, where the
Supreme Court intervened to address air and water pollution caused by
industries, including tanneries, in the vicinity of the Taj Mahal. The court issued
directives to control pollution, relocate industries, and implement pollution
control measures to protect the iconic monument and surrounding environment.

c.) One newspaper reported that a Nursing Home in a city is

throwing its Bio-medical waste in a public dustbin on a
footpath. This was causing serious health hazards to
surrounding residents and by-passers.

On this reported news can a Polluted news can a Pollution

Control Board take suo-motu action against the Nursing Home?
What is the proper procedure for Bio-medical waste disposal?
How much period the bio-medical waste can be kept untreated
and beyond that what procedure should be followed?
In response to the reported news about a Nursing Home improperly
disposing of biomedical waste, the Pollution Control Board can indeed take
suo-motu action against the Nursing Home. Here's an overview of the
potential actions and procedures involved:

1. Suo-Motu Action: The Pollution Control Board has the authority to

take immediate action upon receiving information or becoming
aware of environmental violations, including improper disposal of
biomedical waste. They can initiate an investigation, conduct
inspections, and issue directives or penalties against the Nursing
Home for violating waste management regulations.
2. Proper Procedure for Biomedical Waste Disposal:
 Biomedical waste should be segregated at the source into
categories such as infectious waste, sharps, pathological
waste, pharmaceutical waste, and chemical waste.
 It should be collected in color-coded, leak-proof containers
labeled with appropriate symbols and information.
  Biomedical waste should be transported by authorized
personnel using dedicated vehicles to treatment and disposal
facilities licensed by the Pollution Control Board.
 Treatment methods such as autoclaving, microwaving, or
incineration should be employed to disinfect and render the
waste non-infectious.
 Disposal should be carried out in accordance with prescribed
standards to prevent environmental contamination and public
health risks.
3. Storage Period for Biomedical Waste: Biomedical waste should
not be stored untreated for an extended period. Generally, the
storage period for untreated biomedical waste varies depending on
local regulations but is typically limited to 48 to 72 hours. Beyond
this period, the waste must be treated promptly to prevent the risk
of infection and environmental pollution.

If biomedical waste remains untreated beyond the permissible storage

period, the facility responsible for its generation must take immediate
action to ensure its proper treatment and disposal. This may involve
notifying the Pollution Control Board, arranging for emergency treatment,
or transferring the waste to an authorized treatment facility as per the
established procedure. Failure to comply with waste management
regulations may result in penalties or legal action by the authorities.

Q4. Answer any four : [48 marks]

a.) Enumerate the powers of the Central Government to take
measures to protect and improve the Environment under the
EPA 1986.
Under the Environment Protection Act (EPA), 1986, the Central
Government in India possesses several powers to take measures aimed at
protecting and improving the environment. These powers include:

1. Setting Standards: The Central Government has the authority to

establish standards for the quality of air, water, and soil, as well as
for noise levels and other environmental parameters.
2. Regulation of Activities: It can regulate and control industrial
processes, operations, and activities that may cause pollution or
environmental degradation, including licensing, permitting, and
prohibition of certain activities.
3. Notification of Areas: The Central Government can notify
ecologically sensitive areas, environmental protection zones, and
other designated areas where special measures are required for
conservation and preservation.
4. Environmental Impact Assessment (EIA): It can mandate the
conduct of Environmental Impact Assessments for proposed projects
or activities that may have significant environmental impacts,
 ensuring that development activities are environmentally
sustainable.
5. Research and Development: The Central Government can
promote and support research, development, and adoption of
technologies and practices for environmental conservation, pollution
control, and sustainable development.
6. Coordination and Cooperation: It can facilitate coordination and
cooperation between central and state government agencies, as
well as with international organizations and other stakeholders, to
address environmental issues effectively.
7. Emergency Response: The Central Government can take
emergency measures to address environmental emergencies,
natural disasters, or pollution incidents that pose immediate risks to
public health or the environment.
8. Enforcement and Compliance: It has the authority to enforce
compliance with environmental laws, regulations, and standards
through inspections, monitoring, penalties, and legal actions against
offenders.

b.) Public Interest Litigation has greater significance in the field

of “Environmental Protection”. Explain with decided case.
Public Interest Litigation (PIL) has indeed played a significant role in the
field of environmental protection, allowing concerned citizens, activists,
and non-governmental organizations to raise environmental issues before
the courts on behalf of the public interest. One prominent example of PIL's
impact on environmental protection is the "Vellore Citizens Welfare Forum
v. Union of India" case, decided by the Supreme Court of India in 1996.

In this case, the Vellore Citizens Welfare Forum, a non-governmental

organization, filed a PIL petition highlighting the pollution of the Palar
River in Vellore district, Tamil Nadu, due to industrial effluents discharged
by tanneries and other industries. The petition raised concerns about the
adverse effects of water pollution on public health, agriculture, and the
environment in the surrounding areas.

The Supreme Court, recognizing the importance of protecting the

environment and public health, took suo motu cognizance of the matter
and treated the PIL petition as a writ petition under Article 32 of the Indian
Constitution, which guarantees the right to constitutional remedies.

In its judgment, the Supreme Court issued several directives aimed at

addressing water pollution in the Palar River and protecting the
environment. These directives included:

1. Ordering the closure of polluting industries that were discharging

untreated effluents into the river.
 2. Directing the installation of effluent treatment plants (ETPs) by
industries to treat wastewater before discharge.
3. Mandating regular monitoring and testing of water quality to ensure
compliance with pollution control standards.
4. Appointing expert committees to oversee the implementation of
pollution control measures and report back to the court.

The "Vellore Citizens Welfare Forum" case exemplifies how PIL can be an
effective tool for environmental advocacy and enforcement of
environmental laws. It demonstrates the judiciary's role in responding to
public concerns, holding polluters accountable, and promoting
environmental justice and sustainability. Through PIL, citizens can actively
participate in the protection and preservation of the environment,
ensuring a better quality of life for present and future generations.

c.) Explain provisions of Environmental Protection under the

Indian Penal Code.
The Indian Penal Code (IPC) contains several provisions aimed at
protecting the environment and addressing offenses related to
environmental pollution and degradation. Here are some key provisions:

1. Section 268: This section deals with public nuisances. Any act or
omission that causes substantial injury, risk, or annoyance to the
public or to people in general is punishable under this section.
2. Section 278: It addresses making the atmosphere noxious to
health. Any person who knowingly or negligently performs any act
likely to spread infection or disease dangerous to life can be
punished under this section.
3. Section 284: This section pertains to negligent conduct with
respect to poisonous substances. It deals with endangering human
life or safety by negligently handling or using any explosive
substance, poisonous substance, or other dangerous materials.
4. Section 285: It deals with negligent conduct with respect to fire or
combustible matter. Any person who knowingly or negligently sets
fire to any property or allows any fire to spread beyond his control,
endangering human life or safety, is punishable under this section.
5. Section 277: This section deals with fouling water of public springs
or reservoirs. It makes it an offense to foul or corrupt the water of
any public spring or reservoir, rendering it less fit for the purpose for
which it is ordinarily used.
6. Section 431: This section deals with mischief by injury to public
road, bridge, river, or channel. It makes it an offense to damage or
destroy any public property, including roads, bridges, rivers, or
channels.

While the IPC contains provisions related to environmental protection, it

primarily addresses criminal offenses. For comprehensive environmental
regulation and protection, India has enacted specific environmental laws
and regulations such as the Environment Protection Act, 1986, the Water
(Prevention and Control of Pollution) Act, 1974, the Air (Prevention and
Control of Pollution) Act, 1981, and others. These laws provide a more
detailed framework for preventing pollution, conserving natural resources,
and promoting sustainable development.

d.) Discuss the Penal provisions under the Water Act.

The Water (Prevention and Control of Pollution) Act, 1974, contains penal
provisions aimed at preventing and controlling water pollution in India.
Here are the key penal provisions under the Water Act:

1. Section 41: Offenses by companies: This section holds companies,

as well as their directors, managers, secretaries, or other officers
responsible for any offense committed by the company. They can be
prosecuted and punished accordingly.
2. Section 43: Penalty for contravention of the provisions of the Act:
Any person who violates the provisions of the Water Act, including
discharging pollutants into water bodies without permission or
failing to comply with pollution control standards, can be fined up to
one lakh rupees. For continuing violations, there may be an
additional fine of up to five thousand rupees for each day during
which the offense continues after conviction.
3. Section 44: Penalty for failure to comply with the orders of the
Board: If a person fails to comply with any direction or order issued
by the Pollution Control Board (PCB) under the Water Act, they can
be fined up to five thousand rupees. For continuing violations, there
may be an additional fine of up to two hundred rupees for each day
during which the offense continues after conviction.
4. Section 45: Penalty for obstruction: Anyone who obstructs or
impedes a member, officer, or employee of the PCB in the discharge
of their duties under the Water Act can be fined up to ten thousand
rupees.
5. Section 46: Penalty for contravention of the provisions of the Act
by Government Departments: If any government department
violates the provisions of the Water Act, they can be fined up to fifty
thousand rupees.
6. Section 48: Enhanced penalty after previous conviction: If a person
is convicted of the same offense under the Water Act for the second
or subsequent time, the penalty imposed may be increased up to
five times the original amount of fine.

e.) Explain the various provisions to collect effluent samples

and procedures to be followed in connection therewith under
the Air Act.
The Air (Prevention and Control of Pollution) Act, 1981, primarily deals
with preventing and controlling air pollution in India. Effluent sampling and
monitoring, however, are related to the Water (Prevention and Control of
Pollution) Act, 1974, which addresses water pollution. Therefore, there are
no specific provisions for collecting effluent samples under the Air Act.

However, for air pollution monitoring and enforcement purposes, the

Central Pollution Control Board (CPCB) and State Pollution Control Boards
(SPCBs) may carry out ambient air quality monitoring using air quality
monitoring stations strategically located across various regions. These
monitoring stations collect air samples to assess pollutant levels such as
particulate matter (PM10, PM2.5), sulfur dioxide (SO2), nitrogen dioxide
(NO2), carbon monoxide (CO), ozone (O3), and other pollutants.

The procedure for collecting air samples typically involves the following
steps:

1. Selection of Sampling Sites: Sampling sites are chosen based on

factors such as proximity to pollution sources, population density,
industrial activities, and prevailing wind patterns.
2. Installation of Monitoring Equipment: Monitoring equipment,
including air samplers and analyzers, is installed at the selected
sites to collect air samples and measure pollutant concentrations.
3. Sampling Duration: Air samples are collected over specific time
intervals, such as hourly, daily, or weekly, to capture variations in
pollutant levels over time.
4. Sample Collection: Trained personnel collect air samples using
specialized equipment designed to capture pollutants suspended in
the air, such as high-volume samplers, passive samplers, or real-
time analyzers.
5. Quality Assurance: Quality assurance measures are implemented
to ensure the accuracy and reliability of sampling data. This includes
calibration of equipment, adherence to standardized procedures,
and regular maintenance of monitoring stations.
6. Data Analysis: Collected air samples are analyzed in laboratories
to determine pollutant concentrations, which are then compared
against air quality standards and guidelines set by regulatory
authorities.
7. Reporting and Compliance: Monitoring data and analysis results
are compiled into reports, which are then used by regulatory
authorities to assess compliance with air quality standards, identify
pollution hotspots, and formulate pollution control strategies.

f.) Discuss the Indian Constitutional provisions for the

Conservation and Protection of Environment.
The Indian Constitution contains several provisions that recognize the
importance of environmental conservation and protection. These
provisions, while not explicitly focused solely on environmental issues, lay
down the foundation for environmental governance and sustainability.
Here are some key constitutional provisions related to the conservation
and protection of the environment:

1. Directive Principles of State Policy:

 Article 48A: This article states that the state shall endeavor to
protect and improve the environment and safeguard forests
and wildlife.
 Article 51A(g): It imposes a fundamental duty on every citizen
of India to protect and improve the natural environment,
including forests, rivers, lakes, and wildlife, and to have
compassion for living creatures.
2. Fundamental Rights:
 Article 21: This article guarantees the right to life and personal
liberty. The Supreme Court has interpreted this right
expansively to include the right to a clean and healthy
environment as an integral part of the right to life.
 Article 47: It directs the state to regard the improvement of
public health as among its primary duties and provides for the
prohibition of the consumption of intoxicating drinks and
drugs that are injurious to health.
3. Distribution of Legislative Powers:
 Seventh Schedule: Entry 17 of the State List empowers state
legislatures to make laws for the prevention of water pollution
and protection of water resources. Entry 18 of the Concurrent
List allows both the Union and state governments to legislate
on the subject of forests.
4. Judicial Interpretation:
 The judiciary, particularly the Supreme Court of India, has
played a crucial role in interpreting and enforcing
environmental rights and obligations through various
landmark judgments. These judgments have expanded the
scope of environmental protection under the Constitution and
have led to the evolution of environmental jurisprudence in
India.
5. Environmental Legislation:
 While not part of the Constitution itself, various environmental
laws and regulations have been enacted by the central and
state governments to implement the constitutional principles
related to environmental conservation and protection. These
include laws such as the Environment Protection Act, 1986,
the Water (Prevention and Control of Pollution) Act, 1974, the
Air (Prevention and Control of Pollution) Act, 1981, and others.

THE YEAR 2017 PAPER

Q1. Answer the following [20 marks]
a.) Who is an Occupier as per the Air Act?

b.) How many reports of sample analysis are to be made

by the Government Analyst under the Water Act?

c.) Define “Pollution” under the Environment Protection

Act.

d.) Define “Animal Product” under the Wild Life Act.

e.) Define “Strict Liability” in Environmental Accident.

f.) When the “Authorization” is required for disposal of

Bio-Medical Waste?

g.) Name the Zones under Noise Pollution Rules.

h.) State two prohibited activities within CRZ.

i.) Where can an Appeal be filed against the State Board

Order under the Water Act?

j.) Define the Ozone layer.

Q2. Short note on any four: [20 marks]

a.) Environment Audit Report
b.) Categories of Forests under Forest Act, 1927.

c.) Oleum Gas Leak Case.

d.) Treatment and Disposal of Bio-Medical Waste.

e.) Eco-Labelling Scheme.

f.) Polluter Pays Principle.

Q3. Solve (any two) of the following: [12 marks]

a.) A Chemical Industry was emitting hazardous gases
from its chimney for a long. No action was initiated
against the industry for fulfilling laws.

Can a Pollution Control Board take the suo-motu action

against the industry?
What offense is com mitted by the said Industry?
State the remedies available to Surrounding Residents.
b.) During Navratri Festival one group was playing loud
music on the public road and arranged a “Dandiya”
dance until midnight. Objections were taken by
surrounding residents but the organization refused to
stop the program.

What offense is committed by the Group?

What are the permissible decibel limits in the residential
zone under the Noise Pollution Rules?
Where the distributed surrounding residents can file the
Complaint?
c.) A Group of hunters illegally entered a Sanctuary
carrying weapons, match box kerosene, etc. They
succeeded in trapping a few wild animals. They were
caught while returning and trapped animals were
seized.

What are the rules for authorized entry in a Sanctuary?

What action will be taken against the culprit group?
Seized animals are whose property?
Q4. Answer any four : [48 marks]
a.) Discuss the salient features of “Sustainable
Development”?

b.) Enumerate Criminal Law's role in environmental

protection.

c.) State the composition and functions of the Joint

Pollution Control Board under the Air Act.

d.) Discuss the procedure followed in the collection of

samples, its analysis, and submission of the analysis
report under the Water Act.

e.) Discuss the powers of the Central Government to

take measures to protect and improve the environment
under the Environment Protection Act.

f.) Public Interest Litigation has greater significance in

the field of Environment Protection. Explain concerning
decided cases.
 THE YEAR 2019 PAPER

Q1. A n sw er th e fol l ow i n g (n ot m ore

than tw o sen ten c es)
a) Which day is celebrated as “World Environment Day” and Why?
b) Define Nuisance in the context of environmental pollution.
c) Define “Trophy” under the Wild Life Protection Act 1972.
d) Define “Hazardous substance”
e) What is “Absolute Liability” in case of environmental accidents?
f) Define “ECO-MARK”.
g) State two major effects of Noise pollution.
h) Define “Reserved forest under the Forest Conservation Act”.
i) Who is an “Occupier” under the Water Act?
j) What is “Global Warming”?

Q2. Wri te sh ort n otes (A n y fou r)

a) Polluter pays principle
b) Environment Impact Assessment
c) Ratlam Municipality case
d) Categories of forests under the Forest Act.
e) Greenhouse effects
f) Offences by companies under Air Act.

Q3, Sol v e th e fol l ow i n g (A n y tw o)

A) In a residential area Mr. “X” has opened a Chilly pounding. Nearby
residents were disturbed by the intermittent unbearable sound of chilly-
pounding machines.
i. What offence Mr. “X” has committed
ii. What are the remedies available to residents against the said offense?
iii. Cite similar case law.

B) In one of the villages there was no “door-to-door” or community

collection of solid waste. The municipal solid waste was dumped in open
areas mainly in the outskirts of the village. Due to dumping
of the waste on open land the groundwater of some areas was
contaminated.
i) To which authority the aggrieved residents can complain about the
contamination?
ii) Under which legal frame the action will be taken against the culprit?
iii) What action will be carried out against the defaulters?

C) In one of the cases, the lease was granted to an area for Areca nut
plantation in the past.
The said area was surrounded by thick forest. The lease was not renewed
and with the growth
of the plantation, the increasing activities of people and vehicles started
damaging the thick forest.
i) How nonrenewal of lease related to the damage to the forest
environment?
ii) What is the role of the concerning state in this matter?
iii) Cite similar case law.

Q4. A n sw er th e fol l ow i n g (A n y fou r)

a) Enumerate the powers of the central government to take measures for
the protection and improvement of the environment under EPA 1986.
b) Evaluate the provisions for environmental protection under the criminal
laws.
c) Discuss the functions of Pollution Control Boards under the Water Act
1974.
d) Explain the significance of Indian constitutional provisions relating to
environment protection and conservation.
e) Analyze the salient features of the Wildlife Act 1972.
f) Discuss fully the procedure followed in the collection of effluent
samples, their analysis, submission of an analysis report, and actions
taken by defaulters under EPA 986.