ENVIRONMENT LAW CASES
Sachidanand Pandey v State of West Bengal, 1987
Facts
- appellants through a public interest litigation challenged the Government of West
Bengal's decision to allot a land for the construction of a Five Star Hotel in the
vicinity of the Zoological Garden of Kolkata.
- It was argued that multistoried building in the vicinity of the Zoo would disturb the
animals and the ecological balance and would affect the bird migration which was a
great attraction.
- The SC held that although in view of the Articles 48-A and 51-A (g) of the Indian
Constitution, when ever a problem of ecology is brought before the Court it would not
refuse to interfere only on the ground that priorities are matter of policy and so it is a
matter for the policy making authority. At least the court may examine whether
appropriate considerations are borne in mind and irrelevancies excluded.
- It was held that the decision to allot the land for the construction of Hotel was taken
openly by the Government after taking into consideration all facts and considerations
including ecology. Its action was neither against the interest of the Zoo nor against the
financial interest of the state.
Sustainable Development:
- Adoption of sustainable development as a hardcore principle of environment law in
India.
- The Supreme Court had the magnanimous talk of balancing between the development
and environment.
- Sir - SD
Case: Indian Council for Enviro-Legal Action v Union of India and Ors. (1996)
Facts
- revolves around significant environmental pollution caused by hazardous industries
operating in India.
- ICELA, a non-governmental organization dedicated to environmental protection, filed
a petition against the UOI and various state governments, seeking redress for the
severe environmental degradation and public health issues arising from the operations
of several industrial units. The petition highlighted the violation of environmental
laws and the inadequate enforcement of regulations intended to protect the
environment and public health.
Issues
- Whether the principle of 'Polluter Pays' should be recognized and enforced in India as
part of the right to a clean and healthy environment.
- The adequacy of compensation and remediation measures for the damage caused by
industrial pollution.
Judgment:
1. Polluter Pays Principle: The court acknowledged that the principle of 'Polluter Pays' is
integral to ensuring environmental protection. This principle mandates that those who cause
pollution should bear the costs associated with managing and mitigating the environmental
harm they inflict.
3. Remediation and Compensation: The court highlighted the necessity for effective
remediation measures and compensation for the affected communities. The existing
mechanisms were found to be insufficient in addressing the scale of pollution and providing
appropriate relief to those impacted.
Sir
- SD, PPP
Case : M.C. Mehta vs Kamal Nath (1996)
Facts
- Span Motels Pvt. Ltd. was a private company held by the owner of Span Resorts, had
floated an ambitious project called Span Club.
- Mr. Kamal Nath (the then Minister of Environment and Forests) had a direct contact
with the owner of Span Motels. He leased out 27.12 bighas of land to the Company
for their project.
- Due to this permission given, led to the encroachment of Beas river and due to the
pressure from construction work of the project, the river changed its course which led
to washing away of the adjoining lawns.
- The Owners used bulldozers and earthmovers which led to a change of course of the
Beas river.
- When the court ordered the hotel to pay the compensation costs, the "Polluter Pay
Principle" was used. When the court imposed exemplary damages on the hotel, the
"Principle of Deterrence" was used.
- The doctrine of public trust lays the groundwork for increasing the impact of Indian
environmental laws' efficiency and efficacy.
- Sir- PPP
A.P. Pollution Control Board v. Prof. M.V. Naidu, 1999
Background of the Case:
- The respondent sought to establish a vegetable oil production facility on land within
10 kilometers of crucial water reservoirs. The APPCB rejected the NOC application
due to the unit's classification as a 'red' hazardous industry and its proximity to the
water bodies
Judgment:
- The Court emphasized the importance of environmental protection and the
precautionary principle in industrial operations near sensitive ecological zones.
- The Supreme Court upheld the APPCB's decision to reject the NOC, reinforcing the
stringent application of environmental protection laws. The Court underscored that
while industries must comply with environmental regulations, any potential risk to
vital resources like water bodies must be critically assessed.
TM Godhavarman v UOI
ND Jayal v UOI
- The present petition under Article 32 of the Constitution of India connected to the
safety and environmental aspects of Tehri Dam before this Court.
- Sir – SD
M.C. Mehta v. Union of India, 2009
- mining activity in the entire Aravalli hills
- addressed issues related to mining, hazardous industries, and environmental
protection.
- Sir – SD
Case: Vellore citizens welfare forum v UOI
- Bench: Justice Kuldip Singh, Justice Faizan Uddin, Justice K. Venkataswami
Facts:
- The 'Vellore Citizens Welfare Forum' filed a PIL under Article 32, claiming extensive
environmental degradation and water pollution as a result of unchecked discharge of
untreated effluents into the Palar River by tanneries and other industries in Tamil
Nadu.
- It was said that the entire surface and subsoil of the water surface had been polluted as
a result of this untreated sewage discharge, resulting in a lack of water for the
population of the area.
- more than 35,000 hectares of agricultural lands in the tanneries belt have become
either partially or completely unfit for agriculture due to the excessive use of
chemicals and dyes, which has harmed soil quality and contaminated groundwater.
Judgement:
- The court directed the central government to establish an authority under section 3(3)
of the Environment Protection Act of 1986 and prescribed some guidelines for the
authority's operation:
- The authority has the authority to give directives under Section 5 of the Environment
Act. It should apply the precautionary principle as well as the polluter pays principle.
- It should divide compensation into two categories: payments to individuals and
reversing the ecosystem.
-
- Sir -PPP, Precautionary
Association for Protection of Democratic Rights v. State of West Bengal, 2021
- The West Bengal government proposed a development project that would remove
hundreds of trees for road construction, citing the need to prevent accidents.
- However, Petitioners contested the plan, arguing that many trees had historical and
irreplaceable value, and challenging the adequacy of compensatory afforestation.
- In rendering its decision, the Court stressed the importance of aligning such projects
with the constitutional right to a healthy environment and India’s commitments to
sustainable development.
- SIR – SD
UNIT 4- CONSTITUTION AND ENVIRONMENT PROTECTION
Right to Healthy environment
Phase 1
Case: Ratlam Municipal corporation v Shri Vardichand, 1980
Facts:
- The residents (respondents) of a prominent residential locality of the Municipality
(petitioner) in their complaint under s. 133 CrPC to the Sub-Divisional Magistrate
averred that the Municipality had failed despite several pleas, to meet its basic
obligations, like provision of sanitary facilities on the roads, public conveniences for
slum dwellers who were using the road for that purpose, and prevention of the
discharge from the nearby Alcohol Plant of maladorous fluids into the public street,
and that the Municipality was oblivious to the statutory obligation envisaged in s.
123 M. P. Municipalities Act, 1961.
- The Municipal Council contested the petition on the ground that the owners of
houses had gone to that locality on their own choice, fully aware of the insanitary
conditions and therefore they could not complain. It also pleaded financial
difficulties in the construction of drains and provision of amenities.
Issue-
- whether a Court can by affirmative action compel a statutory body to carry out its
duty to the community by constructing sanitation facilities at great cost and on a
time-bound basis.
Held
- Wherever there is a public nuisance, the presence of s. 133 Criminal Procedure
Code must be felt and any contrary opinion is contrary to the law.
- Public nuisance, because of pollutants being discharged by big factories to the
detriment of the poorer sections, is a challenge to the social justice component of the
rule of law
- The Criminal Procedure Code operates against statutory bodies and others
regardless of the cash in their coffers, even as human rights under Part III of the
Constitution have to be respected by the State regardless of budgetary provision
- A responsible municipal council constituted for the precise purpose of
preserving public health and providing better finances cannot run away from its
principal duty by pleading financial inability. Decency and dignity are non-negotiable
facets of human rights and are a first charge on local self-governing bodies.
Similarly, providing drainage systems not pompous and attractive, but in working
condition and sufficient to meet the needs of the people-cannot be evaded if
the municipality is to justify its existence.
- The state will realise that Art. 47 makes it a paramount principle of governance
that steps are taken forthe improvement of public health as amongst its primary
duties. The municipality also will slim its budget on low priority items and
elitist projects to use the savings on sanitation and public health.
Case: Rural Litigation and Entitlement Kendra & Ors v. State of U.P. & Ors (1985)
Case: T Damodar Rao, Andhra HC, 1987
Case: L.K. Koolwal vs. State of Rajasthan, 1988 Rajasthan HC
- Aka-clean Jaipur city case
- In this the municipal authority failed in its duty to clean public streets, to remove
rubbish, night soil, odour etc. resulting in the acute sanitation problem in Jaipur. Mr.
L.K. Koolwal moved the High Court under Article 226. The Court allowed the
petition and directed the municipality to remove dirt, filth etc. from the city within the
period of 6 months.
Court
- We can call Article 51A ordinarily as the duty of the citizens, but in fact it is the right
of the citizens as it creates the right in favour of the citizen to move to the Court to see
that the State performs its duties faithfully and the obligatory and primary duties are
performed in accordance with the law of land. Omissions or commissions are brought
to the notice of the Court by the citizen and thus, Article 51A gives a right to the
citizen to move the Court for the enforcement of the duty cast on State,
instrumentalities, agencies, departments, local bodies and statutory authorities created
under the particular law of the State.
- It provides particularly under Clause (g) that the State and its instrumentalities and
agencies should strive to protect and prove the natural environment.
- Chapter IV directs the principles of the Constitution and Article 51A of Chapter IVA.
Prior to 1976 everyone used to talk of the rights but none cared to think that there is a
duty also. The right cannot exist without a duty and it is the duty of the citizen to see
that the rights which he has acquired under the Constitution as a citizen are fulfilled.
Case: F.K. Hussain vs Union of India (Uoi) And Ors, 1990, Kerala HC
- The coral isles of Lakshadweep.
- According to petitioners, ground water resources in these islands are limited. Potable
water is in short supply, and large-scale withdrawals with electric or mechanical
pumps can deplete the water sources, causing scopage or intrusion or saline water
from the surrounding Arabian Sea.
- The administration has evolved a scheme to augment water supply, by digging wells
and by drawing water from those existing wells to meet increasing needs. This,
petitioners say, would upset the fresh water equilibrium leading to salinity in the
available water resources.
Held
- Water and rivers have dominated the destiny and fortunes of man. Plentiful rivers,
have brought prosperity to those who lived on their banks. Great civilisations, going
back to India's immemorial past, flourished along the banks of our great rivers.
Regards and lores, linger around them. Along the banks of Indus and Ganges grow up
the greatest civilisations, that mankind know of. If Bhageerathi brought salvation,
Ganga sustains life. The Ganga rising in torrential springs from the foothills of
Himalayas, runs like lifeline through India's Heartland and has brought plenty and
prosperity. Ages have rolled by it, and it has remained eternal. In a way it has been a
symbol.
- Environmentalists and Scientists in other disciplines, have indicated the importance of
water management in the present day. Perhaps water management, will be one of the
biggest challenges in the opening decades of the next century. Water resources have
therefore to be conserved.
- Consistent with natural constraints, a Scheme, viable technically and meeting the
requirements as nearly as possible has to be evolved.
- Safeguards must be evolved to stop withdrawal of ground water at a cut off level, to
impose restrictions and introduce a system of effective monitoring at all levels.
Case: Chhetriya Pardushan Mukti Sangharsh Samiti vs State of U. P., 1990
Case: Subhash Kumar v State of Bihar, 1991
Case: Vellore citizens welfare forum v UOI
Facts:
- The 'Vellore Citizens Welfare Forum' filed a PIL under Article 32, claiming extensive
environmental degradation and water pollution as a result of unchecked discharge of
untreated effluents into the Palar River by tanneries and other industries in Tamil
Nadu.
- It was said that the entire surface and subsoil of the water surface had been polluted as
a result of this untreated sewage discharge, resulting in a lack of water for the
population of the area.
- more than 35,000 hectares of agricultural lands in the tanneries belt have become
either partially or completely unfit for agriculture due to the excessive use of
chemicals and dyes, which has harmed soil quality and contaminated groundwater.
Judgement:
- The court directed the central government to establish an authority under section 3(3)
of the Environment Protection Act of 1986 and prescribed some guidelines for the
authority's operation:
- The authority has the authority to give directives under Section 5 of the Environment
Act. It should apply the precautionary principle as well as the polluter pays principle.
- It should divide compensation into two categories: payments to individuals and
reversing the ecosystem.
-
- Sir -PPP, Precautionary
ND Jayal v UOI
- The present petition under Article 32 of the Constitution of India connected to the
safety and environmental aspects of Tehri Dam before this Court.
- Sir – SD
T.N. Godavarman Thirumulpad Union of India & Others, 2012
- issue of the wild buffalo, an endangered species facing the threat of extinction.
- The judiciary provided a detailed explanation of the factors contributing to the decline
of the wild buffalo population, with particular emphasis on the growing problem of
human-wildlife conflict, which is increasingly becoming a significant threat to the
survival of many endangered species.
- The court recognized that in order to achieve environmental justice, a shift in
perspective is required- from an anthropocentric approach, which prioritizes human
interests, to an ecocentric approach, which emphasizes the intrinsic value of all living
beings, human and non-human alike. The court argued that human interests should not
automatically take precedence over the rights of nature, and humans have a moral
obligation to protect and preserve non-human species, irrespective of any immediate
benefit to human well-being. This approach, which is life-centered and nature-
centered, includes both humans and non-humans within the scope of environmental
justice.
- By adopting this ecocentric approach, the court issued directions to the state
government, mandating specific actions to protect the Asiatic wild buffalo from
extinction. These measures included steps for habitat protection, mitigation of human-
wildlife conflict, and active conservation efforts to ensure the survival of the species.
This case exemplifies the evolving jurisprudence surrounding the ‘right to life of
endangered species’. The court’s decision marks a significant shift in legal thought,
where the right to life is extended beyond human beings to encompass non-human
species, particularly those facing the risk of extinction. This emerging legal
framework recognizes that protecting the right to life of endangered species is not
only a moral responsibility but also a legal imperative, with the judiciary playing a
proactive role in interpreting the Constitution and laws to ensure their survival.
Centre for Environment Law, WWF-I v Union of India & Others, 1998
- necessity of establishing a second home for the Asiatic lion, an endangered species, in
order to ensure its long-term survival and protect it from the threat of extinction.
- The court further critiqued anthropocentrism, which is a human-centered way of
thinking that sees non-human entities only as tools or resources for human benefit.
- The court stressed that, in evaluating the necessity of creating a second home for the
Asiatic lions, the approach should be eco-centric rather than anthropocentric.
- It emphasized the importance of applying the “species best interest standard,” which
focuses on the best interests of the Asiatic lions themselves, rather than considering
what benefits humans may derive from the lions' conservation.
M K Ranjitsinh & Ors. v Union of India and ors, 20241
- The Court noted that while safeguarding endangered species like the Great Indian
Bustard is crucial, it is equally important to continue developing renewable energy
infrastructure to combat climate change and promote sustainability. The responsibility
for determining the feasibility of such measures was delegated to a newly formed
expert committee, tasked with evaluating the best approach to ensure both
biodiversity conservation and the advancement of renewable energy projects.
Sushila Saw Mill v. State of Orissa (1995)
- Supreme Court of India upheld the constitutionality of Section 4(1) of the Orissa Saw
Mills and Saw Pits (Control) Act, 1991. This section prohibited the operation of
private saw mills and pits within certain areas, including reserved forests, protected
forests, and areas within ten kilometers of forest boundaries. The court ruled that the
ban was justified in the public interest, specifically to protect and conserve forest
resources.
B.L Wadhera vs Union of India, 1996
- The petitioner sought direction to the Municipal Corporation, Delhi (MCD) to
perform their statutory duties, in particular the collection, removal and disposal of
garbage and other wastes.
1
[2024] 3 S.C.R. 1320.
- On the other hand MCD and NDMC pleaded the non-availability of funds inadequacy
or inefficiency of staff and insufficiency of machinery for the nonperformance of their
duties.
- The Court considered all problems of management of solid wastes in cities and in an
effort to sec that the capital of India is not branded as being one of the most polluted
city in the world.
- The Court issued the following directions: i) To have the city of Delhi scavenged and
cleaned everyday and transported to the designated places for disposal. ii) To
construct and install incinerators in all the hospitals/ nursing homes with 50 beds and
above, etc
WHAT ARE THE NOTABLE CASES OF M C MEHTA?
M C Mehta v. Union of India (1986):
o The case is also known as oleum gas leak case.
o M C Mehta filed a case in the SC regarding the leakage of oleum gas from
the Shriram Food and Fertilizer Industry in Delhi.
o This case led to the development of the concept of "absolute liability" in
environmental law, making industries responsible for any harm caused by their
operations, regardless of negligence.
M C Mehta v. Union of India (1988):
o M C Mehta filed a case to address the pollution of the Ganga River due to
industrial and sewage discharges.
o The court issued several directives to control pollution and improve the quality
of the Ganga, emphasizing the cultural and religious significance of the river.
o The court also observed that “The practice of throwing corpses and semi-
burnt corpses into the river Ganga should be immediately brought to an end”.
M C Mehta v. Union of India (1996):
o This is also known as Taj Trapezium Case.
o This case focused on the environmental degradation and pollution in and
around the Taj Mahal in Agra, India.
o The SC issued various directions to control air pollution and industrial
activities in the Taj Trapezium Zone, with the aim of preserving the iconic
monument including closing of all emporia and shops functioning within the
Taj premises along with giving rights to workmen.
M C Mehta v. Union of India (1992):
o It is also known as the Stone Crushing Units Case.
o M C Mehta filed a case regarding the operation of stone crushing units in
Haryana.
o The court directed the closure of the stone crushers operating in violation of
environmental norms and imposed strict regulations to control air and water
pollution caused by these units
M.C. Mehta v. Kamal Nath & Ors (2002):
o The Principle of Exemplary damages was first applied in this case by the
SC.
o The court held that the court would impose exemplary damages other than the
damages one is liable to pay for polluting the environment so that it may act as
a deterrent for others not to cause pollution in any manner.
o The court also applied “polluter pays principle” to compensate not only the
victims but also the cost of restoring the environmental degradation and so that
damaged ecology can be reversed.
o SC recognized the importance of the Public Trust Doctrine in environmental
matters.
The court held that the state, as a trustee of natural resources, is
obligated to protect and preserve these resources for the benefit of the
public.
M C Mehta v. Union of India (2002):
o It is also known as the Delhi Vehicular Pollution Case (1998).
o This case was filed to address the rising problem of vehicular pollution in
Delhi.
o The SC issued directives to regulate vehicular emissions, promote the use
of compressed natural gas (CNG), and improve public transportation to
reduce air pollution in the capital.
