Ch-1

Meaning and Definition of Environment and

Pollution
I. Meaning and Definition of Environment
1. General Meaning of Environment

The term "environment" refers to the surroundings in which living beings (humans, animals, and
plants) exist and interact. It includes both natural and human-made components that influence
life and activities on Earth.

2. Definitions of Environment
(a) Scientific Definition

Environment is the sum total of all external conditions and influences affecting the life and
development of organisms. It includes air, water, soil, temperature, and other biotic and abiotic
factors.

(b) Legal Definition

The legal definition of "environment" is provided under various statutes. For instance:

 Section 2(a) of the Environment (Protection) Act, 1986 (India):

"Environment includes water, air, and land and the interrelationship which exists among
and between water, air, land, and human beings, other living creatures, plants,
microorganisms, and property."

This definition is broad, covering all components necessary for the survival of life.

(c) International Perspective

 The Stockholm Declaration, 1972, defined the environment as a

common heritage of mankind, emphasizing the need to protect and
improve the environment for present and future generations.
 The Rio Declaration, 1992, reinforced the global responsibility to
protect the environment through sustainable development.
3. Components of the Environment

The environment consists of:

1. Natural Environment
o Biotic (Living): Humans, animals, plants, microorganisms.
o Abiotic (Non-living): Air, water, soil, temperature, sunlight.

2. Human-Made Environment
o Buildings, industries, vehicles, roads, dams, and technology.

3. Social and Cultural Environment

o Traditions, laws, ethics, institutions, and human interactions.

II. Meaning and Definition of Pollution

1. General Meaning of Pollution

Pollution is the introduction of harmful substances or contaminants into the environment,

causing adverse effects on natural resources, ecosystems, and human health.

2. Definitions of Pollution
(a) Scientific Definition

Pollution refers to any undesirable change in the physical, chemical, or biological characteristics
of air, water, or land that may harm life or degrade the environment.

(b) Legal Definition

 Section 2(c) of the Environment (Protection) Act, 1986 (India):

"Environmental pollution means the presence of any pollutant in the environment."

 Section 2(e) of the Water (Prevention and Control of Pollution) Act, 1974:

"Pollution means such contamination of water or alteration of the physical, chemical, or

biological properties of water that may be harmful to human beings, animals, plants, or
aquatic life."

 Air (Prevention and Control of Pollution) Act, 1981 also defines air pollution as the
presence of pollutants in the air that are injurious to humans, animals, or plants.
3. Types of Pollution

1. Air Pollution – Caused by industrial emissions, vehicle exhaust, and

burning fossil fuels.
2. Water Pollution – Contamination of water bodies due to industrial
waste, sewage, and chemical dumping.
3. Soil Pollution – Caused by pesticides, industrial waste disposal, and
deforestation.
4. Noise Pollution – Excessive noise from industries, traffic, and
loudspeakers.
5. Radioactive Pollution – Caused by nuclear waste and radiation leaks.
6. Thermal Pollution – Increase in water temperature due to industrial
discharge.

III. Relationship Between Environment and Pollution

 Pollution degrades the environment by affecting air, water, and soil
quality.
 Environmental laws and policies aim to control pollution and protect
natural resources.
 Sustainable development principles focus on reducing pollution to
maintain ecological balance.

Conclusion
The environment is essential for sustaining life, while pollution is a major threat that leads to
ecological imbalance and health hazards. Legal frameworks and international conventions aim to
regulate pollution and ensure environmental conservation. Understanding these concepts is
fundamental for legal studies in environmental law.

Kinds of Pollution, Sources, and Consequences

I. Meaning of Pollution
Pollution refers to the introduction of harmful substances or contaminants into the environment,
leading to adverse changes in air, water, soil, and living conditions. It results from both natural
and human activities, affecting ecological balance and public health.
II. Kinds of Pollution, Sources, and Consequences
1. Air Pollution

Definition: Air pollution occurs when harmful substances such as gases, particulates, and
biological molecules are introduced into the atmosphere.

(a) Sources of Air Pollution

1. Natural Sources: Volcanic eruptions, forest fires, dust storms, and

pollen dispersal.
2. Human-Made Sources:
o Industrial Emissions – Factories release carbon monoxide (CO),
sulfur dioxide (SO₂), and nitrogen oxides (NOx).
o Vehicle Exhaust – Automobiles release carbon monoxide,
hydrocarbons, and lead.
o Burning of Fossil Fuels – Coal, petrol, and diesel combustion
lead to greenhouse gas emissions.
o Agricultural Activities – Use of pesticides and fertilizers
releases ammonia (NH₃).
o Construction and Mining – Release of particulate matter
(PM10, PM2.5).

(b) Consequences of Air Pollution

 Health Effects: Respiratory diseases (asthma, bronchitis, lung

cancer), cardiovascular problems, reduced immunity.
 Environmental Impact: Global warming, ozone layer depletion, acid
rain, and smog formation.
 Economic Impact: Increased healthcare costs, reduced agricultural
productivity, and damage to buildings.

2. Water Pollution

Definition: Water pollution occurs when harmful substances are discharged into water bodies,
making them toxic for humans, animals, and aquatic life.

(a) Sources of Water Pollution

1. Natural Sources: Soil erosion, algae bloom, natural disasters (floods,

landslides).
2. Human-Made Sources:
 o Industrial Waste – Chemicals, heavy metals, and dyes dumped
into rivers and lakes.
o Sewage and Domestic Waste – Untreated sewage releases
pathogens and bacteria.
o Agricultural Runoff – Fertilizers and pesticides contaminate
groundwater and rivers.
o Oil Spills – Accidental leaks from ships cause marine pollution.
o Plastic Waste – Non-biodegradable plastic pollutes oceans and
harms marine life.

(b) Consequences of Water Pollution

 Health Effects: Waterborne diseases (cholera, dysentery, typhoid),

poisoning from heavy metals.
 Environmental Impact: Death of aquatic life, disruption of marine
ecosystems, eutrophication (algae overgrowth).
 Economic Impact: Loss of fisheries, decline in tourism, cost of water
purification.

3. Soil Pollution (Land Pollution)

Definition: Soil pollution occurs due to the accumulation of toxic chemicals, waste, and
hazardous substances in the soil.

(a) Sources of Soil Pollution

1. Natural Sources: Soil erosion, volcanic eruptions, mineral deposits.

2. Human-Made Sources:
o Industrial Waste Dumping – Heavy metals (lead, mercury)
degrade soil quality.
o Agricultural Chemicals – Pesticides, herbicides, and chemical
fertilizers reduce soil fertility.
o Deforestation – Leads to erosion and loss of topsoil.
o Mining Activities – Releases toxic substances into the soil.
o Plastic and Electronic Waste – Non-biodegradable substances
contaminate landfills.

(b) Consequences of Soil Pollution

 Health Effects: Exposure to toxic chemicals causes skin diseases,

neurological disorders, and cancer.
 Environmental Impact: Loss of soil fertility, desertification,
groundwater contamination.
  Economic Impact: Reduced agricultural productivity, high costs of soil
restoration.

4. Noise Pollution

Definition: Noise pollution refers to excessive or disturbing sound levels that affect human and
animal life.

(a) Sources of Noise Pollution

1. Natural Sources: Thunderstorms, earthquakes, and waterfalls.

2. Human-Made Sources:
o Traffic Noise – Honking, vehicle engines.
o Industrial and Construction Activities – Machinery, drilling,
explosions.
o Loudspeakers and Music Systems – Public events, concerts,
festivals.
o Aircraft and Rail Transport – Airports and train stations
generate high decibel noise.

(b) Consequences of Noise Pollution

 Health Effects: Hearing loss, stress, high blood pressure, sleep

disorders.
 Environmental Impact: Disturbance to wildlife, migration of birds,
reduced animal breeding.
 Economic Impact: Loss of productivity due to stress, increased
healthcare costs.

5. Radioactive Pollution

Definition: Radioactive pollution occurs due to the release of radioactive substances that emit
harmful radiation.

(a) Sources of Radioactive Pollution

1. Natural Sources: Cosmic rays, radioactive minerals in soil.

2. Human-Made Sources:
o Nuclear Power Plants – Accidents (Chernobyl, Fukushima)
release radiation.
 o Medical Waste – X-rays, cancer treatments use radioactive
materials.
o Nuclear Weapons Testing – Releases radioactive fallout into
the atmosphere.

(b) Consequences of Radioactive Pollution

 Health Effects: Cancer, genetic mutations, radiation sickness, birth

defects.
 Environmental Impact: Long-term contamination of land and water,
death of living organisms.
 Economic Impact: Costly cleanup of nuclear disasters, displacement
of populations.

6. Thermal Pollution

Definition: Thermal pollution occurs when water temperature rises due to industrial or human
activities, affecting aquatic life.

(a) Sources of Thermal Pollution

1. Industrial Effluents – Factories release heated water into rivers.

2. Power Plants – Cooling water from nuclear and thermal plants is
discharged into water bodies.
3. Deforestation – Reduces shade, increasing water temperature.

(b) Consequences of Thermal Pollution

 Health Effects: Oxygen depletion in water, harming fish and aquatic

organisms.
 Environmental Impact: Decline in biodiversity, disruption of
ecosystems.
 Economic Impact: Loss of fisheries, reduction in hydroelectric
efficiency.

III. Legal Framework for Pollution Control

International Laws and Treaties

 Stockholm Conference (1972) – First global initiative for

environmental protection.
  Rio Earth Summit (1992) – Introduced the concept of sustainable
development.
 Kyoto Protocol (1997) – Addressed climate change and carbon
emissions.
 Paris Agreement (2015) – Focused on reducing global warming.

Indian Environmental Laws

 Environment (Protection) Act, 1986 – Provides a legal framework

for environmental conservation.
 Water (Prevention and Control of Pollution) Act, 1974 –
Regulates water pollution.
 Air (Prevention and Control of Pollution) Act, 1981 – Deals with
air pollution control.
 Noise Pollution (Regulation and Control) Rules, 2000 – Regulates
noise levels.
 Hazardous Waste (Management and Handling) Rules, 1989 –
Governs hazardous waste disposal.

IV. Conclusion
Pollution is a serious environmental issue that affects health, ecosystems, and the economy.
Various legal frameworks, both national and international, have been implemented to control and
prevent pollution. Understanding its sources, consequences, and legal regulations is essential for
legal professionals specializing in environmental law.

Ancient Indian Philosophy Related to

Environment
I. Introduction
Ancient Indian philosophy deeply respects nature and emphasizes harmony between humans and
the environment. Environmental conservation is rooted in religious scriptures, Vedic literature,
and ethical traditions. The concept of Dharma (duty) extends to protecting nature, and several
texts advocate for sustainable living, ecological balance, and reverence for all life forms.
II. Environmental Ethics in Ancient Indian Philosophy
1. Vedic Philosophy and Environment

The Vedas (Rigveda, Yajurveda, Samaveda, Atharvaveda) contain hymns glorifying nature
and emphasizing environmental preservation.

(a) Rigveda

 Describes nature as divine and considers air, water, soil, and fire as
sacred.
 Praises the five elements (Pancha Mahabhutas) – Earth (Prithvi),
Water (Jal), Fire (Agni), Air (Vayu), and Space (Akasha) – as the
foundation of life.
 Encourages protection of rivers, trees, and animals.

(b) Yajurveda

 Advocates for non-violence (Ahimsa) towards nature.

 Promotes the idea that humans are stewards of nature rather than
exploiters.

(c) Atharvaveda

 Contains prayers for a pollution-free environment.

 Describes forests and plants as providers of life and healing.

2. Upanishads and Environmental Ethics

 Isha Upanishad states that the world is interconnected, and humans

should not exploit nature beyond their needs.
 Chandogya Upanishad discusses the interdependence of life
forms and the need for sustainable living.

3. Dharma and Ecology

The concept of Dharma (righteous duty) extends to environmental protection. Ancient texts
promote:

 Rita (Cosmic Order): A balance between humans and nature, where

natural laws must be respected.
  Karma (Action and Consequence): Excessive exploitation of nature
leads to negative consequences.
 Ahimsa (Non-Violence): Prohibits harm to animals, forests, and
natural resources.

4. Environmental Teachings in Ancient Indian Scriptures

(a) Manusmriti (Laws of Manu)

 Encourages tree planting and considers the destruction of nature as

sinful.
 Suggests that kings and rulers should protect forests and rivers.
 Supports waste management by advocating proper disposal of
sewage and garbage.

(b) Arthashastra (by Kautilya)

 Emphasizes afforestation, wildlife conservation, and sustainable

agriculture.
 Punishments were prescribed for cutting trees and harming animals.

(c) Ramayana and Mahabharata

 Ramayana portrays Lord Rama as living harmoniously with nature in

forests.
 Mahabharata emphasizes the importance of forests and describes the
destruction of nature as a cause of ecological imbalance.

5. Buddhism and Jainism on Environment

(a) Buddhist Environmental Ethics

 Lord Buddha preached compassion for all living beings and non-
violence toward nature.
 The Jataka Tales highlight stories where kindness to animals and
trees is rewarded.
 The concept of Pratityasamutpada (Interdependent Origination)
states that all life forms are connected.
(b) Jainism and Environmental Ethics

 Jain philosophy promotes strict Ahimsa (non-violence) towards

plants, animals, and microorganisms.
 Advocates for minimalism and non-possessiveness (Aparigraha)
to reduce environmental harm.
 Jains follow strict vegetarianism to avoid harming animals.

6. Sacred Groves and Traditional Conservation Practices

 Sacred Groves (Devrai, Kavu, Sarna): Protected forests where

cutting trees or hunting animals is prohibited.
 Rivers as Deities: Ganga, Yamuna, and other rivers are worshiped,
ensuring their protection.
 Animal Worship: Cows, elephants, snakes, and peacocks are
considered sacred, preventing cruelty.

III. Legal Relevance of Ancient Environmental Ethics in

Modern Laws
The environmental principles in ancient Indian philosophy have influenced modern
environmental laws in India, including:

 Article 48A of the Indian Constitution: The State shall protect and
improve the environment and safeguard forests and wildlife.
 Article 51A(g): It is a fundamental duty of every citizen to protect and
preserve the environment.
 The Wildlife Protection Act, 1972: Reflects the ancient practice of
wildlife conservation.
 The Forest Conservation Act, 1980: Supports afforestation and
restricts deforestation.

IV. Conclusion
Ancient Indian philosophy integrates environmental ethics into religious and moral teachings,
advocating for sustainable living, reverence for nature, and ecological balance. These principles
remain relevant today in legal and policy frameworks for environmental protection.
Understanding these philosophies provides a strong foundation for environmental law and
governance.
 Ch-2

Constitutional Provisions Concerning

Environmental Pollution and the Code of
Criminal Procedure (CrPC)

I. Introduction
Environmental pollution is a serious concern, and the Indian legal system addresses it through
constitutional provisions, statutory laws, and procedural mechanisms under the Code of
Criminal Procedure (CrPC). The Constitution of India imposes a duty on both the State and
citizens to protect and improve the environment, while CrPC provides the procedural
framework for preventing and punishing environmental offenses.

II. Constitutional Provisions on Environmental Protection

1. Directive Principles of State Policy (DPSP)

 Article 48A (Inserted by the 42nd Amendment, 1976):

"The State shall endeavor to protect and improve the environment and
to safeguard the forests and wildlife of the country."
o This article directs the State to take measures for environmental
conservation.
o It forms the constitutional basis for environmental laws and
policies in India.

2. Fundamental Duties of Citizens

 Article 51A(g) (42nd Amendment, 1976):

"It shall be the duty of every citizen of India to protect and improve the
natural environment, including forests, lakes, rivers, and wildlife, and
to have compassion for living creatures."
o This provision imposes a moral obligation on citizens to
participate in environmental conservation.
3. Fundamental Rights and Environment

 Article 21 – Right to Life and Personal Liberty

o The Supreme Court of India has interpreted Article 21 to
include the right to a clean and healthy environment.
o Case Law: M.C. Mehta v. Union of India (1987) – The
Supreme Court recognized that environmental pollution violates
Article 21.
o Subhash Kumar v. State of Bihar (1991) – The Court ruled
that the right to life includes the right to water free from
pollution.

 Article 14 – Right to Equality

o Arbitrary actions by the government that harm the environment
can be challenged under Article 14.

 Article 19(1)(g) – Freedom to Practice Any Profession

o The right to trade or conduct business does not include the right
to pollute the environment.
o Case Law: Vellore Citizens Welfare Forum v. Union of India
(1996) – The Supreme Court applied the "Polluter Pays"
principle.

III. Code of Criminal Procedure (CrPC) and Environmental

Protection
The CrPC, 1973, provides the procedural framework for preventing and punishing
environmental offenses through preventive, remedial, and penal provisions.

1. Preventive Provisions Under CrPC

(a) Section 133 – Public Nuisance and Environmental Protection

 Empowers magistrates to remove public nuisances, including

pollution-related issues.
 Can be used to prevent:
o Contamination of water bodies.
o Air pollution due to industrial emissions.
o Illegal dumping of hazardous waste.
 Procedure:

1. If a complaint is received, the Magistrate issues a conditional

order for removal of the nuisance.
 2. If the person responsible objects, an inquiry is conducted.
3. If the nuisance is proven, the Magistrate makes the order
absolute.

Case Law: Municipal Council, Ratlam v. Shri Vardichan (1980)

 The Supreme Court ruled that under Section 133 CrPC, local authorities
must take action against environmental hazards.
 The Court emphasized that pollution is a public nuisance and
must be controlled using legal remedies.

(b) Section 144 – Power to Issue Orders in Urgent Cases of Nuisance

 Used to prevent environmental damage in emergency

situations (e.g., preventing harmful industrial emissions, banning
firecrackers during pollution emergencies).
 Allows the Magistrate to impose temporary restrictions on activities
that endanger public health.

(c) Section 145-147 – Disputes Relating to Land and Water Pollution

 Deals with disputes related to land use and water sources that may
affect the environment.
 Helps resolve conflicts between industries and local communities over
pollution-related issues.

2. Penal Provisions Under CrPC for Environmental Protection

(a) Section 268 – Public Nuisance

 Defines public nuisance as any act that causes harm, danger, or

annoyance to the public.
 Environmental pollution falls under this category, and offenders can be
punished under the Indian Penal Code (IPC) in conjunction with CrPC.

(b) Section 277 – Water Pollution

 Punishes anyone who corrupts or fouls water sources, making

them unfit for public use.

(c) Section 278 – Air Pollution

 Punishes those who make the atmosphere harmful to health by

releasing pollutants.
(d) Section 290 – Punishment for Public Nuisance

 Imposes a fine for committing public nuisance, including environmental

pollution.

(e) Section 291 – Continuance of Nuisance

 Provides punishment for repeating or continuing an environmental

offense after receiving a warning.

(f) Section 431 – Mischief by Injury to Public Infrastructure

 Punishes those who cause environmental damage by destroying

roads, water sources, or drainage systems.

IV. Role of Judiciary in Environmental Protection Under

CrPC
The judiciary has played a crucial role in expanding the scope of CrPC for environmental
protection:

1. Municipal Council, Ratlam v. Shri Vardichan (1980)

o CrPC Section 133 was interpreted as a tool for
environmental justice.
o The Court ruled that municipal authorities must ensure
sanitation, sewage treatment, and pollution control.

2. M.C. Mehta v. Union of India (1987) (Oleum Gas Leak Case)

o Introduced the "Absolute Liability" principle for
environmental damage.
o Ordered strict penalties for industrial pollution.

3. Vellore Citizens Welfare Forum v. Union of India (1996)

o Applied the "Polluter Pays" principle to hold industries
accountable for pollution.

4. A.P. Pollution Control Board v. M.V. Nayudu (1999)

o Recognized the Precautionary Principle, requiring industries to
take preventive measures before causing pollution.
V. Conclusion
The Indian Constitution and the Code of Criminal Procedure (CrPC) provide a strong legal
framework for environmental protection. While constitutional provisions set the foundation for
environmental rights and duties, CrPC serves as an effective tool for enforcement and
immediate action against pollution-related offenses. The judiciary has consistently expanded
these provisions to ensure sustainable environmental governance.

These laws bridge constitutional mandates with practical legal remedies, ensuring that
environmental justice is not just theoretical but enforceable.

Current Environmental Problems and Public

Interest Litigations (PILs) in India
India faces numerous environmental challenges due to rapid industrialization, urbanization, and
population growth. Public Interest Litigations (PILs) have emerged as a significant legal tool to
address these issues, allowing citizens to seek judicial intervention for environmental protection.

II. Current Environmental Problems in India

1. Air Pollution

 Overview: Air pollution is a major concern in India, particularly in urban areas like
Delhi, Mumbai, and Bangalore. Sources include vehicular emissions, industrial activities,
and construction dust. The high levels of particulate matter (PM2.5 and PM10) have
severe health impacts, including respiratory and cardiovascular diseases.
 Key Issues:
o Vehicular emissions
o Industrial pollution
o Seasonal burning of crop residue

2. Water Pollution

 Overview: Contamination of water bodies due to industrial discharge, sewage, and

agricultural runoff poses significant health risks and affects aquatic ecosystems.
 Key Issues:
o Untreated sewage entering rivers
o Industrial effluents
o Overuse of fertilizers and pesticides
3. Waste Management

 Overview: India generates approximately 277 million tonnes of municipal solid waste
annually, with inadequate recycling and disposal mechanisms leading to environmental
degradation.
 Key Issues:
o Limited recycling infrastructure
o Open dumping and burning of waste
o E-waste management challenges

4. Deforestation and Biodiversity Loss

 Overview: Deforestation for agriculture, urban development, and mining threatens

biodiversity and disrupts ecosystems.
 Key Issues:
o Illegal logging
o Habitat fragmentation
o Decline in wildlife populations

5. Climate Change

 Overview: India is vulnerable to climate change impacts, including extreme weather

events, sea-level rise, and altered monsoon patterns.
 Key Issues:
o Increased frequency of floods and droughts
o Glacial melting in the Himalayas
o Impact on agriculture and food security

III. Role of Public Interest Litigations (PILs) in

Environmental Protection
PILs have been instrumental in advancing environmental jurisprudence in India, enabling
citizens and organizations to approach courts for environmental causes without the constraints of
traditional locus standi.

1. Evolution of PILs in Environmental Context

 Judicial Activism: The judiciary has proactively interpreted the right to life under
Article 21 of the Constitution to include the right to a healthy environment.
 Notable Cases:
 o Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (1985):
The Supreme Court ordered the closure of limestone quarries in the Doon Valley
to prevent ecological degradation.
o M.C. Mehta v. Union of India (1986): Following the Oleum gas leak, the Court
established the principle of absolute liability for hazardous industries.

2. Impact of PILs on Environmental Governance

 Policy Formulation: Judicial directives in PILs have led to the creation and
strengthening of environmental regulations and institutions.
 Enforcement of Laws: Courts have mandated the implementation of existing
environmental laws, ensuring accountability of governmental agencies.
 Public Awareness: PILs have heightened public consciousness regarding environmental
rights and duties.

3. Challenges and Criticisms

 Judicial Overreach: Concerns have been raised about the judiciary encroaching on
executive functions through extensive interventions.
 Implementation Issues: Despite favorable judgments, on-ground enforcement of court
orders remains a challenge.
 Potential for Misuse: There is a risk of PILs being used for personal or political gains
rather than genuine public interest.

IV. Conclusion
India's environmental challenges are complex and multifaceted, necessitating a collaborative
approach involving legal frameworks, governmental action, and public participation. PILs have
played a pivotal role in environmental conservation, serving as a catalyst for legal and policy
reforms. However, sustained efforts are required to address implementation gaps and ensure that
environmental protection is effectively realized.

Ch-3
Present Regulations and Enactments
Regarding Environmental Pollution in India
I. Introduction
Environmental pollution is a major concern in India, affecting public health, biodiversity, and
sustainable development. The Indian legal framework consists of constitutional provisions,
statutory laws, and regulatory bodies that aim to prevent, control, and mitigate pollution.
Various legislations have been enacted to tackle air, water, and land pollution through preventive
and punitive measures.

II. Constitutional Provisions Related to Environmental

Protection
The Constitution of India provides a strong foundation for environmental protection:

1. Article 48A (Directive Principles of State Policy)

o The State shall endeavor to protect and improve the
environment and safeguard forests and wildlife.

2. Article 51A(g) (Fundamental Duties)

o It is the duty of every citizen to protect and improve the
natural environment, including forests, lakes, rivers, and
wildlife.

3. Article 21 (Right to Life)

o The Supreme Court has interpreted the right to life to include the
right to a clean and healthy environment.
o Case Law: Subhash Kumar v. State of Bihar (1991) – Recognized
the right to a pollution-free environment under Article 21.

4. Article 253
o Empowers Parliament to enact laws to implement international
environmental agreements.

5. 73rd & 74th Amendments

o Empower local bodies (Panchayats and Municipalities) to take
action on environmental protection and pollution control.
III. Key Environmental Legislations in India
1. The Water (Prevention and Control of Pollution) Act, 1974

 Objective: To prevent and control water pollution and maintain or

restore water quality.
 Key Provisions:
o Establishes Central and State Pollution Control Boards
(CPCB & SPCBs) to regulate water pollution.
o Requires industries to obtain consent for discharge of
effluents.
o Penalty: Up to 6 years imprisonment and fines for non-
compliance.

2. The Air (Prevention and Control of Pollution) Act, 1981

 Objective: To prevent, control, and abate air pollution.

 Key Provisions:
o Establishes CPCB and SPCBs to set air quality standards.
o Regulates industrial emissions and vehicular pollution.
o Penalty: Up to 7 years imprisonment and fines for violation.

3. The Environment (Protection) Act, 1986

 Objective: A comprehensive law to protect and improve the

environment.
 Key Provisions:
o Empowers the Central Government to take measures to
control pollution.
o Authorizes the government to set standards for emissions
and discharges.
o Penalty: Up to 5 years imprisonment or fines up to ₹1
lakh.

4. The Forest (Conservation) Act, 1980

 Objective: To regulate the diversion of forest land for non-forest

purposes.
 Key Provisions:
o Requires central government approval for using forest land
for industrial or agricultural purposes.
o Restricts deforestation and tree felling.
5. The Wildlife Protection Act, 1972

 Objective: To protect wildlife and biodiversity.

 Key Provisions:
o Creates protected areas (National Parks, Wildlife
Sanctuaries).
o Regulates hunting and poaching of animals.
o Establishes the National Board for Wildlife (NBWL).

6. The Public Liability Insurance Act, 1991

 Objective: To provide immediate relief to victims of hazardous

industries.
 Key Provisions:
o Requires industries handling hazardous substances to
obtain insurance.
o Establishes an Environmental Relief Fund.

7. The Biological Diversity Act, 2002

 Objective: To conserve biological diversity and regulate access to

genetic resources.
 Key Provisions:
o Establishes the National Biodiversity Authority (NBA).
o Requires prior approval for foreign companies accessing Indian
biological resources.

8. The National Green Tribunal (NGT) Act, 2010

 Objective: To establish a specialized tribunal for environmental cases.

 Key Provisions:
o NGT can hear cases related to environmental protection
and compensation claims.
o Has power to impose fines, issue orders, and ban harmful
activities.

9. The Hazardous Waste Management Rules, 2016

 Objective: To regulate the management, import, and disposal of

hazardous waste.
 Key Provisions:
o Mandates scientific disposal of hazardous waste.
o Penalties for illegal dumping of toxic waste.
10. The E-Waste (Management) Rules, 2016

 Objective: To regulate the disposal of electronic waste.

 Key Provisions:
o Implements Extended Producer Responsibility (EPR),
requiring manufacturers to recycle e-waste.
o Bans open burning of e-waste.

IV. Measures Adopted Through Various Legislations

1. Regulatory Measures

 Setting pollution limits for air, water, and soil.

 Licensing and permits for industries.
 Monitoring and compliance through Pollution Control Boards.

2. Judicial Interventions

 PILs (Public Interest Litigations) filed in courts for environmental

protection.
 Landmark Cases:
o M.C. Mehta v. Union of India (1986) – Led to stricter industrial
pollution control.
o Vellore Citizens Welfare Forum v. Union of India (1996) –
Established the Polluter Pays Principle.

3. Economic Measures

 "Polluter Pays" Principle: Industries must bear the cost of pollution.

 Environmental Taxes and Fines: Green tax on vehicles, carbon tax
proposals.

4. Technological and Policy Measures

 Promotion of clean energy sources (solar, wind).

 Adoption of BS-VI emission norms for vehicles.
 National Clean Air Programme (NCAP) to reduce pollution.
V. Conclusion
India has a comprehensive legal and regulatory framework to tackle environmental pollution.
However, strict enforcement, public participation, and technological advancements are
needed for effective implementation. The role of the judiciary and National Green Tribunal
(NGT) has been crucial in ensuring compliance.

These laws and measures collectively contribute to a sustainable environmental governance

system in India(.

(i) The Environment Protection Act, 1986

I. Introduction
The Environment Protection Act, 1986 (EPA) is a comprehensive legislation enacted by the
Indian government to provide a legal framework for environmental protection and to prevent
pollution in all its forms. It was passed in response to the Bhopal Gas Tragedy (1984) and
empowers the Central Government to take necessary measures to safeguard the environment.

II. Objective of the Act

 To protect and improve the environment.
 To prevent air, water, and soil pollution.
 To establish a framework for environmental standards and
regulations.
 To control hazardous substances and industrial activities.

III. Scope and Applicability

 The Act extends to the whole of India.
 It applies to industrial, commercial, and residential activities that
may cause environmental pollution.
 Covers air, water, land, and their interrelationship with human
beings and other species.
IV. Key Definitions Under the Act
1. Environment (Section 2(a)) – Includes water, air, land, and the
interrelationship between them.
2. Environmental Pollution (Section 2(b)) – The presence of
pollutants in the environment leading to harm.
3. Pollutant (Section 2(c)) – Any substance that causes harmful
environmental effects.
4. Hazardous Substance (Section 2(e)) – Any substance that poses
danger to health and the environment.

V. Powers of the Central Government (Section 3 & 4)

The Central Government has broad powers to take necessary measures for environmental
protection, including:

1. Laying down environmental standards (air, water, soil quality).

2. Regulating industries and hazardous substances.
3. Restricting certain operations in specific areas for environmental
protection.
4. Controlling emissions and effluent discharges.
5. Coordinating environmental policies and programs at the
national level.
6. Issuing directions to state governments, industries, and
individuals.

VI. Important Provisions of the Act

1. Prevention and Control of Pollution (Section 7 & 8)

 No person can discharge pollutants exceeding prescribed

standards.
 Industries must handle hazardous substances with due care.

2. Inspection, Entry, and Sampling (Section 10 & 11)

 The government can inspect industries and collect samples to

check pollution levels.
 Officials can enter any premises, take samples, and conduct
tests.
3. Environmental Impact Assessment (EIA) (Section 3 & 6)

 The Act empowers the government to require EIA for new

projects.
 EIA evaluates the potential environmental effects before project
approval.

4. Penalties for Violations (Section 15 & 16)

 Fine up to ₹1 lakh or imprisonment up to 5 years.

 If the violation continues, an additional fine of ₹5,000 per day
applies.
 In case of extreme violations, imprisonment can extend up to 7
years.

5. Liability of Companies and Government Officials (Section 16 &

17)

 Company directors or managers can be held personally liable for

environmental damage.
 Government officials can also be prosecuted if found negligent in their
duties.

VII. Environmental Rules Under the Act

The Act has led to various rules and regulations:

1. Hazardous Waste (Management and Handling) Rules, 1989 –

Regulates handling and disposal of toxic waste.
2. Environmental Impact Assessment (EIA) Notification, 2006 –
Requires industries to assess environmental risks before starting
projects.
3. Coastal Regulation Zone (CRZ) Rules, 2011 – Protects coastal
ecosystems from pollution.
4. Solid Waste Management Rules, 2016 – Regulates municipal and
industrial waste disposal.
VIII. Judicial Pronouncements on the Act
1. M.C. Mehta v. Union of India (1986) (Oleum Gas Leak Case)

 Established the principle of Absolute Liability for hazardous

industries.

2. Vellore Citizens Welfare Forum v. Union of India (1996)

 Introduced the "Polluter Pays Principle" – Industries must pay for

environmental damage.

3. Indian Council for Enviro-Legal Action v. Union of India (1996)

 Recognized the Precautionary Principle – Preventive action must

be taken to avoid environmental harm.

IX. Criticisms and Challenges

 Lack of strict enforcement – Many industries violate norms without
strict penalties.
 Limited public participation – People have limited power to
challenge environmental decisions.
 Delays in EIA process – Projects sometimes ignore environmental
impact assessments.

X. Conclusion
The Environment Protection Act, 1986 is a crucial law for environmental governance in India.
While it provides broad powers and strict penalties, effective implementation and public
awareness are needed for better environmental protection. The role of the judiciary and
environmental activists has been instrumental in enforcing the Act.
(ii) The Air (Prevention and Control of
Pollution) Act, 1981
I. Introduction
The Air (Prevention and Control of Pollution) Act, 1981, was enacted to tackle the growing
problem of air pollution in India. It provides a framework for controlling, preventing, and
abating air pollution through regulatory mechanisms, monitoring systems, and punitive
measures.

Background of the Act

 India signed the Stockholm Declaration (1972), which recognized

the need for air pollution control.
 The Bhopal Gas Tragedy (1984) further emphasized the necessity of
stricter environmental laws.
 The Act was amended in 1987 to strengthen pollution control
mechanisms.

II. Objectives of the Act

1. To prevent, control, and reduce air pollution in India.
2. To establish Central and State Pollution Control Boards for
implementing pollution control measures.
3. To regulate industrial emissions and vehicular pollution.
4. To provide penalties and punishments for violating air pollution
standards.

III. Scope and Applicability

 The Act extends to the whole of India.
 It applies to industries, vehicles, power plants, and other
sources of air pollution.
 The Act grants powers to the Central and State Governments to
declare air pollution control areas.
IV. Key Definitions Under the Act
1. Air Pollutant (Section 2(a)) – Any solid, liquid, or gaseous substance
present in the atmosphere in such concentration that may be harmful.
2. Air Pollution (Section 2(b)) – The presence of air pollutants in the
atmosphere that may harm human health or the environment.
3. Emission (Section 2(j)) – Discharge of any pollutant into the
atmosphere.
4. Approved Appliance (Section 2(f)) – A device or equipment
approved by the State Board to control air pollution.

V. Powers and Functions Under the Act

1. Central and State Pollution Control Boards (Sections 3-7)

 Central Pollution Control Board (CPCB) – Coordinates national

policies for air pollution control.
 State Pollution Control Boards (SPCBs) – Implement pollution
control measures at the state level.
 Key Functions:
o Set standards for air quality.
o Monitor industrial and vehicular emissions.
o Conduct air pollution research and surveys.
o Advise governments on pollution control policies.

2. Declaration of Air Pollution Control Areas (Section 19)

 The State Government can declare any area as an Air Pollution

Control Area where industrial activities need special regulations.

3. Restriction on Industrial Emissions (Section 22)

 Industries cannot release pollutants beyond prescribed limits.

 The government can shut down polluting industries violating
emission standards.

4. Control of Vehicular Pollution (Section 20)

 The Act empowers authorities to set vehicle emission standards.

 Restricts registration of polluting vehicles.
VI. Inspection, Monitoring, and Enforcement
1. Power to Take Samples (Section 26)

 Pollution Control Boards can collect air samples from industrial units
for testing.

2. Entry and Inspection (Section 24 & 25)

 Authorized officers can inspect premises, equipment, and

emission control devices.

3. Power to Give Directions (Section 31A)

 The Boards can order closure, prohibition, or regulation of

industries causing pollution.

VII. Penalties for Non-Compliance (Section 37-39)

1. First Offense – Imprisonment up to 6 months or a fine up to
₹10,000, or both.
2. Continued Violation – Additional fine of ₹5,000 per day.
3. Serious Offense – Imprisonment up to 7 years in case of repeated
violations.

VIII. Judicial Pronouncements on the Act

1. M.C. Mehta v. Union of India (1988) (Taj Trapezium Case)

 The Supreme Court ordered the closure of polluting industries

near the Taj Mahal to prevent damage from acid rain.

2. Murli Deora v. Union of India (2001)

 The Supreme Court banned smoking in public places, considering

passive smoking as a form of air pollution.
3. Delhi Vehicular Pollution Case (1998-2002)

 The Court directed conversion of Delhi's public transport to CNG

to reduce pollution.

IX. Limitations and Challenges

1. Weak Enforcement – Many industries violate emission norms
without facing strict penalties.
2. Vehicular Pollution – Despite emission norms, rapid urbanization
has led to high pollution levels.
3. Lack of Public Awareness – Many citizens are unaware of air
pollution laws and remedies.

X. Amendments and Recent Developments

 1987 Amendment – Strengthened penalties and enforcement
mechanisms.
 BS-VI Emission Norms (2020) – Stricter emission standards for
vehicles to reduce air pollution.
 National Clean Air Programme (NCAP) 2019 – Aims to reduce
PM2.5 and PM10 levels by 20-30% by 2024.

XI. Conclusion
The Air (Prevention and Control of Pollution) Act, 1981 is a crucial law for environmental
protection in India. Strict enforcement, technological advancements, and public
participation are essential to make it more effective in reducing air pollution.
(iii)The Water (Prevention and Control of
Pollution) Act, 1974
I. Introduction
The Water (Prevention and Control of Pollution) Act, 1974, was India's first comprehensive
legislation aimed at preventing and controlling water pollution. The Act provides a framework
for regulating water quality, establishing pollution control boards, and imposing penalties on
polluters.

Background of the Act

 Water pollution became a serious issue due to rapid industrialization.

 The United Nations Conference on Human Environment
(Stockholm, 1972) emphasized environmental protection.
 The Act was passed in 1974 and later amended in 1988 for stricter
enforcement.

II. Objectives of the Act

1. To prevent, control, and reduce water pollution in India.
2. To establish Central and State Pollution Control Boards for
implementing pollution control measures.
3. To maintain or restore the wholesomeness of water for drinking and
other purposes.
4. To regulate the discharge of industrial effluents into water bodies.
5. To provide penalties and punishments for violating water pollution
norms.

III. Scope and Applicability

 The Act extends to the whole of India.
 It applies to industries, municipalities, and individuals responsible
for water pollution.
 It regulates water pollution in rivers, lakes, groundwater, and
other water bodies.
IV. Key Definitions Under the Act
1. Pollution (Section 2(e)) – The contamination of water making it
harmful for life.
2. Sewage Effluent (Section 2(g)) – Wastewater from domestic or
industrial sources.
3. Trade Effluent (Section 2(k)) – Liquid waste from industrial
operations.
4. Stream (Section 2(j)) – Includes rivers, canals, lakes, and other
water bodies.

V. Central and State Pollution Control Boards (Sections 3-

17)
1. Central Pollution Control Board (CPCB)

 Established under Section 3, it coordinates activities at the national

level.
 Functions:
o Advises the government on water pollution control.
o Sets standards for water quality and effluent discharge.
o Conducts research and promotes water pollution awareness.

2. State Pollution Control Boards (SPCBs)

 Established under Section 4, they enforce pollution control

measures at the state level.
 Functions:
o Grants consent for industries to discharge effluents.
o Monitors water quality and takes action against polluters.
o Implements CPCB guidelines and conducts inspections.

VI. Control and Prevention of Water Pollution

1. Consent Mechanism for Discharge of Pollutants (Sections 25-
26)

 Industries and municipalities must obtain permission before

discharging effluents into water bodies.
 SPCBs can refuse or cancel consent if pollution levels are high.
2. Prohibition of Pollution (Sections 24 & 27)

 No person can discharge sewage or industrial waste beyond

prescribed limits.
 Violations can lead to closure of industries or penalties.

3. Power to Inspect, Monitor, and Take Samples (Sections 20-23)

 SPCBs can inspect premises, take water samples, and conduct

tests.
 If pollution is found, legal action can be taken against the offender.

VII. Penalties for Non-Compliance (Sections 41-45A)

1. First Offense – Imprisonment up to 6 years or a fine up to
₹10,000, or both.
2. Continued Violation – Additional fine of ₹5,000 per day.
3. Serious Offense – Imprisonment up to 7 years for repeated
violations.

VIII. Judicial Pronouncements on the Act

1. M.C. Mehta v. Union of India (1988) (Ganga Pollution Case)

 The Supreme Court ordered the closure of polluting industries

along the Ganga River.

2. Vellore Citizens Welfare Forum v. Union of India (1996)

 Introduced the "Polluter Pays" Principle – Industries must pay for

water pollution.

3. Indian Council for Enviro-Legal Action v. Union of India (1996)

 Established the Precautionary Principle – Preventive action must be

taken to avoid water pollution.
IX. Limitations and Challenges
1. Weak Enforcement – Many industries violate effluent norms
without facing strict action.
2. Groundwater Pollution – The Act does not effectively **

The Indian Forest Act, 1927

I. Introduction
The Indian Forest Act, 1927 is a colonial-era legislation enacted by the British government to
regulate forest resources, control forest produce, and protect forests from exploitation. It
consolidates and amends previous forest laws to ensure state control over forests, forest
produce, and wildlife.

Background of the Act

 Preceded by earlier forest laws, including the Indian Forest Act of

1865 and 1878.
 Introduced to regulate commercial exploitation of forests,
especially for timber and railway expansion.
 The Act categorizes forests into Reserved, Protected, and Village
Forests to ensure conservation and sustainable use.

II. Objectives of the Act

1. To protect and conserve forests from destruction and exploitation.
2. To regulate the collection and trade of forest produce like
timber, resin, and medicinal plants.
3. To empower the government to declare forests as Reserved,
Protected, or Village Forests.
4. To prevent illegal activities such as deforestation, poaching, and
encroachments.
5. To regulate shifting cultivation and control the rights of forest
dwellers.
III. Scope and Applicability
 The Act extends to the whole of India (except for certain scheduled
tribal areas).
 It applies to forest lands, forest produce, and activities related
to forestry and wildlife conservation.
 Provides regulatory powers to the government to manage and
protect forests.

IV. Key Definitions Under the Act

1. Forest Produce (Section 2(4)) – Includes timber, charcoal, resin,
bark, leaves, wild fruits, and minerals extracted from forests.
2. Tree (Section 2(7)) – Covers palms, shrubs, bushes, climbers, and
saplings.
3. Reserved Forest (Section 2(1)) – A forest that is completely under
state control with restricted public access.
4. Protected Forest (Section 2(2)) – A forest where limited rights are
granted to local communities.
5. Village Forest (Section 2(3)) – A forest area assigned to a village
community for management and use.

V. Classification of Forests Under the Act

1. Reserved Forests (Sections 3-27)

 The most protected category of forests.

 Declared by the State Government by following due process.
 No public rights except those explicitly allowed by the government.
 Illegal activities include:
o Trespassing
o Cattle grazing
o Cutting trees without permission
o Hunting

2. Protected Forests (Sections 29-34)

 Less restricted than Reserved Forests but still under government

control.
  State government has power to regulate activities such as grazing,
timber collection, and agriculture.
 Public rights may be permitted under certain conditions.

3. Village Forests (Section 28)

 Certain forests may be given to village communities for

management.
 Local communities can use forest produce but must follow
regulations.

VI. Regulation of Forest Produce and Trade

1. Control Over Forest Produce (Sections 41-44)

 The government controls the collection, transport, and sale of

forest produce.
 Transport of timber requires a permit from forest authorities.
 Offenses include:
o Smuggling of forest produce
o Unauthorized cutting and selling of timber

2. Rights of Individuals and Tribals (Sections 23-27)

 Customary rights may be granted in certain cases (e.g., grazing,

collecting minor forest produce).
 Tribals and forest dwellers may be given special provisions for
sustenance.
 Shifting cultivation is regulated but not outright banned.

VII. Offenses and Penalties Under the Act

1. Forest Offenses (Sections 52-64)

 Illegal felling of trees

 Unauthorized grazing in reserved/protected forests
 Poaching and wildlife hunting
 Setting fires in forests
 Smuggling of forest produce
2. Punishments for Violations (Sections 63-64)

 Imprisonment up to 6 months or fine up to ₹500, or both.

 For repeat offenses, penalties can be more severe.
 Forest officers have the power to confiscate illegally obtained
forest produce and tools used in violations.

VIII. Judicial Pronouncements on the Act

1. T.N. Godavarman Thirumulpad v. Union of India (1996)

 The Supreme Court expanded the definition of "forest" to include

areas with natural vegetation, not just those legally notified as
forests.

2. K. M. Chinappa v. Union of India (2002)

 The Supreme Court stressed sustainable forest management and

prohibited large-scale tree felling.

3. State of Kerala v. The Gwalior Rayon Silk Manufacturing Co. Ltd.

(1973)

 The Court upheld state authority to regulate forests and restrict

private exploitation.

IX. Limitations and Criticism of the Act

1. Colonial Perspective – The Act was primarily meant to benefit
British commercial interests, not local communities.
2. Restricts Tribal Rights – Indigenous people have historically been
displaced due to strict forest regulations.
3. Limited Conservation Focus – The Act focuses more on forest
produce management than ecological conservation.
4. Weak Penalties – Fines and punishments are relatively low, leading
to ineffective deterrence.
X. Amendments and Recent Developments
 The Forest Rights Act, 2006 (FRA) was introduced to restore
tribal and community rights over forests.
 Forest Conservation Act, 1980 strengthened protection
measures by restricting deforestation for non-forest purposes.
 The Indian Forest Act, 2019 (Draft) was proposed to replace the
1927 Act but has faced opposition from tribal groups.

XI. Conclusion
The Indian Forest Act, 1927, though outdated, remains an important legal tool for forest
management in India. However, modern conservation laws such as the Forest Rights Act,
2006 have addressed its limitations. Future reforms should balance environmental protection
with the rights of forest-dependent communities.

Ch-4

Doctrine of Polluter Pays Principle

I. Introduction
The Polluter Pays Principle (PPP) is an environmental law doctrine that holds the polluter
responsible for the damage caused to the environment. It is based on the idea that those who
generate pollution should bear the cost of managing it to prevent harm to human health and
the environment.

Origin and Evolution

 Introduced by the Organisation for Economic Co-operation and

Development (OECD) in 1972.
 Recognized in Principle 16 of the Rio Declaration, 1992, which
states that polluters should bear the cost of pollution while
considering public interest.
 Incorporated into Indian environmental law through judicial
interpretations and legislations.
II. Meaning and Definition
The Polluter Pays Principle means that:

1. Polluters are legally liable for the environmental damage they

cause.
2. They must compensate affected parties and restore the
environment.
3. Governments should impose penalties to deter future pollution.
4. It applies to all forms of pollution, including air, water, land, and
noise pollution.

Legal Definition

The Supreme Court of India, in Indian Council for Enviro-Legal Action v. Union of India
(1996), defined the principle as:
"The responsibility for repairing the damage is that of the polluter. The polluter should bear the
cost of preventing and controlling pollution, as well as restoring the environment."

III. Objectives of the Polluter Pays Principle

1. To ensure accountability – Polluters must take responsibility for their
actions.
2. To compensate victims of pollution – People affected by pollution
should be compensated.
3. To promote sustainable development – Industries should adopt
eco-friendly technologies.
4. To prevent environmental degradation – Pollution should be
minimized at the source.
5. To provide economic incentives – Industries should be encouraged
to use cleaner technology.
IV. Judicial Pronouncements on the Polluter Pays Principle
in India
1. Indian Council for Enviro-Legal Action v. Union of India (1996)

 Facts: Industries in Rajasthan were discharging toxic waste and

polluting groundwater.
 Judgment: The Supreme Court ordered the polluting industries to
pay for cleaning up the environment.
 Significance: Established that the polluter must not only
compensate but also restore the environment.

2. Vellore Citizens Welfare Forum v. Union of India (1996)

 Facts: Tanneries in Tamil Nadu were polluting water sources.

 Judgment: The Supreme Court applied the Polluter Pays Principle
and Precautionary Principle.
 Significance: Recognized environmental protection as a
fundamental right under Article 21.

3. MC Mehta v. Union of India (1987) (Oleum Gas Leak Case)

 Facts: A gas leak from Shri Ram Food and Fertilizers Ltd. in Delhi
caused health hazards.
 Judgment: The Supreme Court introduced the Absolute Liability
principle, which holds polluters liable without exceptions.
 Significance: Strengthened environmental liability laws in India.

4. Sterlite Industries (I) Ltd. v. Union of India (2013)

 Facts: Sterlite Copper Plant in Tamil Nadu polluted the environment

with hazardous waste.
 Judgment: The Supreme Court imposed a ₹100 crore fine on the
company for environmental damage.
 Significance: Reinforced corporate responsibility for pollution.
V. Constitutional Provisions Related to the Polluter Pays
Principle
1. Article 21 – Right to Life

 The Supreme Court has interpreted Article 21 to include the right to

a clean and healthy environment.
 Any environmental pollution that threatens human health is
considered a violation of Article 21.

2. Article 48A – Protection of Environment

 The Directive Principles of State Policy (DPSP) direct the State to

protect and improve the environment.
 It imposes a duty on the government to implement environmental
policies.

3. Article 51A(g) – Fundamental Duty

 Citizens have a fundamental duty to protect and improve the

environment.
 The Polluter Pays Principle reinforces individual and corporate
responsibility towards the environment.

VI. Legislative Framework Supporting the Polluter Pays

Principle
1. Environment Protection Act, 1986

 Empowers the Central Government to take measures to protect the

environment.
 Polluters can be penalized with fines and imprisonment.

2. Water (Prevention and Control of Pollution) Act, 1974

 Industries must treat wastewater before discharging it into water

bodies.
 Fines and closure orders can be issued against polluters.
3. Air (Prevention and Control of Pollution) Act, 1981

 Industries and vehicles must control emissions to meet air

quality standards.
 Polluters can be penalized for violating pollution control norms.

4. National Green Tribunal (NGT) Act, 2010

 Establishes a special tribunal to handle environmental disputes.

 Empowered to enforce the Polluter Pays Principle and order
compensation.

VII. Application of Polluter Pays Principle in India

1. Industrial Pollution

 Example: Bhopal Gas Tragedy (1984) – Though not fully implemented,

the government demanded compensation from Union Carbide.
 Industries are required to install pollution control devices and pay
for damages caused.

2. Vehicular Pollution

 Example: The Supreme Court ordered the introduction of CNG in

Delhi’s public transport to reduce air pollution.
 Vehicle manufacturers must comply with emission standards (BS-
VI norms).

3. Waste Management

 Example: The government imposes waste disposal charges on

companies producing plastic waste.
 Polluting companies must pay for cleaning up landfills and water
bodies.

4. River and Water Pollution

 Example: Polluting industries along the Ganga and Yamuna rivers

have been fined by NGT for dumping waste.
 Companies are required to install effluent treatment plants (ETPs)
before releasing wastewater.
VIII. Limitations of the Polluter Pays Principle in India
1. Weak Enforcement – Many industries continue to pollute without
strict penalties.
2. Legal Delays – Environmental cases take years to be resolved in
courts.
3. Lack of Public Awareness – Many people are unaware of their rights
under the principle.
4. Ineffective Compensation Mechanism – Polluters sometimes pay
fines, but environmental restoration remains incomplete.
5. Corruption and Political Influence – Large industries often escape
liability due to political connections.

IX. Recent Developments and Reforms

 2019: The National Green Tribunal fined various industries for
violating pollution norms.
 2020: The Supreme Court held that environmental compensation
must be strictly enforced.
 2022: The government proposed stricter industrial pollution
norms under the Environment Protection Act.

X. Conclusion
The Polluter Pays Principle is a fundamental concept in environmental law that ensures
polluters are held financially accountable for environmental damage. Though recognized by
courts and environmental laws in India, stronger enforcement and stricter penalties are
required for effective implementation. The principle plays a crucial role in promoting
sustainable development and environmental justice.
Doctrine of Pecuniary Principle in
Environmental Law
I. Introduction
The Pecuniary Principle in environmental law refers to the concept that monetary
compensation should be imposed on individuals, industries, or entities responsible for
environmental damage. This principle is closely linked to the Polluter Pays Principle (PPP)
and aims to deter pollution and ensure environmental restoration through financial liability.

Concept and Meaning

 The Pecuniary Principle holds that monetary penalties should be

imposed on polluters for environmental harm.
 It is used by courts and regulatory authorities to determine fines,
damages, and compensation for pollution-related harm.
 This principle ensures that financial consequences act as a
deterrent to environmental violations.

II. Objectives of the Pecuniary Principle

1. To impose financial liability on polluters for environmental
degradation.
2. To deter environmental violations by making pollution costly.
3. To provide compensation for victims of pollution including
affected communities and individuals.
4. To ensure environmental restoration through funds collected from
polluters.
5. To promote sustainable development by internalizing
environmental costs.

III. Legal Framework Supporting the Pecuniary Principle in

India
1. Environment Protection Act, 1986

 Empowers the government to impose financial penalties on

polluters.
  Section 15: Violations of environmental norms can attract fines
and imprisonment.

2. Water (Prevention and Control of Pollution) Act, 1974

 Industries discharging untreated wastewater are subject to fines.

 Polluters must bear the cost of cleaning polluted water bodies.

3. Air (Prevention and Control of Pollution) Act, 1981

 Industries emitting excessive pollutants are fined and ordered to

take corrective measures.
 Repeat offenders face heavier fines and potential shutdowns.

4. National Green Tribunal (NGT) Act, 2010

 Establishes a quasi-judicial body to handle environmental cases.

 The NGT has imposed heavy financial penalties on industries,
construction projects, and local authorities for environmental damage.

5. The Public Liability Insurance Act, 1991

 Requires industries dealing with hazardous substances to obtain

insurance.
 Ensures compensation for victims of industrial pollution and
accidents.

IV. Judicial Pronouncements Applying the Pecuniary

Principle
1. MC Mehta v. Union of India (1987) (Oleum Gas Leak Case)

 Facts: A gas leak from Shri Ram Food and Fertilizers Ltd. in Delhi
caused serious health hazards.
 Judgment: The Supreme Court introduced the Absolute Liability
Principle and held that industries dealing with hazardous substances
must compensate victims without exceptions.
 Significance: Established that financial compensation must be
imposed for environmental damage.
2. Indian Council for Enviro-Legal Action v. Union of India (1996)

 Facts: Industries in Rajasthan caused severe groundwater

pollution by dumping toxic waste.
 Judgment: The Supreme Court ordered the industries to bear the
entire cost of cleaning up the pollution.
 Significance: Applied the Polluter Pays Principle along with the
Pecuniary Principle to ensure financial liability.

3. Vellore Citizens Welfare Forum v. Union of India (1996)

 Facts: Tanneries in Tamil Nadu were discharging untreated toxic

effluents into water bodies.
 Judgment: The Supreme Court ordered the polluting industries to
pay compensation for environmental damage and restoration.
 Significance: The court recognized Sustainable Development and
the Precautionary Principle along with the Pecuniary Principle.

4. Sterlite Industries (I) Ltd. v. Union of India (2013)

 Facts: Sterlite Copper Plant in Tamil Nadu violated pollution norms

and harmed the local environment.
 Judgment: The Supreme Court imposed a ₹100 crore fine on the
company for environmental degradation.
 Significance: Strengthened corporate accountability for
environmental violations.

5. LG Polymers Gas Leak Case (2020)

 Facts: A gas leak from the LG Polymers plant in Visakhapatnam

caused fatalities and environmental harm.
 Judgment: The National Green Tribunal imposed a ₹50 crore
penalty on the company for negligence.
 Significance: Reinforced strict financial liability for polluters.

V. Implementation of the Pecuniary Principle in India

1. Industrial Pollution

 Industries causing air, water, and land pollution must pay fines and
compensate victims.
  Example: NTPC was fined for air pollution violations in Uttar
Pradesh (2019).

2. Vehicular Pollution

 The government imposes penalties on vehicles exceeding emission

limits.
 Example: Delhi introduced penalties for high-emission diesel
vehicles.

3. Waste Management

 Companies must pay for waste disposal and pollution control.

 Example: Plastic manufacturers must fund plastic waste
management programs.

4. River and Water Pollution

 The NGT has fined industries and municipalities for polluting

rivers.
 Example: ₹500 crore fine on the Delhi Jal Board for Yamuna
pollution (2022).

VI. Challenges in Implementing the Pecuniary Principle

1. Inadequate enforcement – Many polluting industries continue to
operate without facing strict penalties.
2. Legal delays – Environmental compensation cases often take years to
resolve.
3. Evasion by industries – Some industries avoid fines through
political influence or legal loopholes.
4. Difficulty in assessing damage – Determining the monetary value
of environmental harm is complex.
5. Limited public awareness – Many citizens are unaware of their
rights to compensation for environmental damage.

VII. Recent Developments and Reforms

 2021: The Supreme Court directed states to impose environmental
compensation on polluters.
  2022: The NGT ordered strict financial penalties on illegal sand
mining projects.
 2023: The Indian government proposed amendments to
environmental laws to increase financial liability for industries.

VIII. Conclusion
The Pecuniary Principle in environmental law ensures that polluters bear the financial
burden of the environmental harm they cause. It is closely linked to the Polluter Pays Principle
and the Precautionary Principle. While Indian courts and environmental regulators have
imposed significant penalties on polluters, stronger enforcement, stricter penalties, and faster
legal proceedings are needed for its effective implementation. The principle plays a crucial role
in environmental justice and sustainable development.

Public Trust Doctrine in Environmental Law

I. Introduction
The Public Trust Doctrine (PTD) is a legal principle that establishes that natural resources
like air, water, forests, and wildlife are held in trust by the government for the benefit of
the public. The doctrine imposes a duty on the state to protect and preserve these resources
for present and future generations.

Origin and Development

 Ancient Roman Law: The concept originated from the Roman legal
principle “Res Communes”, which stated that certain resources like
air, water, and the sea cannot be owned by individuals and must
remain available for public use.
 English Common Law: Adopted in England, where the Crown held
navigable waters and shorelines in trust for public use.
 Indian Jurisprudence: Recognized by Indian courts as part of
environmental law and constitutional governance.

II. Meaning and Definition

The Public Trust Doctrine means that:

1. Certain natural resources belong to all citizens and cannot be

privately owned.
 2. The government acts as a trustee to protect these resources.
3. Citizens have a right to access and use these resources
responsibly.
4. The state must prevent over-exploitation and environmental
degradation.

Legal Definition

The Supreme Court of India in M.C. Mehta v. Kamal Nath (1997) defined the Public Trust
Doctrine as:
"The state is the trustee of all natural resources, which are meant for public use and enjoyment.
It has a legal duty to protect these resources and cannot transfer them for private ownership."

III. Objectives of the Public Trust Doctrine

1. To protect and conserve natural resources for future generations.
2. To restrict the government from privatizing public resources.
3. To ensure public access to essential environmental resources.
4. To impose a duty on the state to prevent environmental
degradation.
5. To promote sustainable development and environmental justice.

IV. Judicial Pronouncements on the Public Trust Doctrine in

India
1. M.C. Mehta v. Kamal Nath (1997) (Span Motel Case)

 Facts: A private company was allowed to use forest land near the
Beas River to build a resort.
 Judgment: The Supreme Court held that rivers and natural
resources are public property and cannot be transferred to private
entities.
 Significance: Established that the government must act as a
guardian of natural resources.

2. M.I. Builders v. Radhey Shyam Sahu (1999)

 Facts: The Lucknow Municipal Corporation gave public park land to

a private builder for constructing an underground shopping complex.
  Judgment: The Supreme Court ruled that public parks are part of
the environment and must be protected for public use.
 Significance: Strengthened the protection of public spaces under
the Public Trust Doctrine.

3. Reliance Natural Resources Ltd. v. Reliance Industries Ltd.

(2010)

 Facts: A dispute arose over the ownership and pricing of natural

gas from the Krishna-Godavari basin.
 Judgment: The Supreme Court ruled that natural resources are
held by the government in trust for the people and cannot be
privately controlled.
 Significance: Affirmed that the government is the custodian of
natural resources.

4. Fomento Resorts and Hotels Ltd. v. Minguel Martins (2009)

 Facts: A hotel was built by encroaching upon beach land in Goa.

 Judgment: The Supreme Court held that beaches and coastal areas
are public trust properties and must not be privatized.
 Significance: Reinforced that coastal zones must remain
accessible to the public.

5. Subhash Kumar v. State of Bihar (1991)

 Facts: Industrial pollution contaminated the water of the Damodar

River.
 Judgment: The Supreme Court declared that clean water is a
fundamental right under Article 21 and must be protected.
 Significance: Linked environmental protection with the right to
life.

V. Constitutional Provisions Related to the Public Trust

Doctrine
1. Article 21 – Right to Life

 The Supreme Court has interpreted Article 21 to include the right to

a clean and healthy environment.
 The government must prevent environmental degradation under
this principle.
2. Article 48A – Protection of Environment

 The Directive Principles of State Policy (DPSP) state that the

government must protect and improve the environment.

3. Article 51A(g) – Fundamental Duty

 Citizens have a fundamental duty to protect and preserve the

environment.
 The Public Trust Doctrine reinforces this duty.

VI. Legislative Framework Supporting the Public Trust

Doctrine
1. Environment Protection Act, 1986

 Empowers the government to regulate and control activities that

harm the environment.
 Allows restrictions on private exploitation of public resources.

2. Wildlife Protection Act, 1972

 Declares wildlife and forests as national property under state

protection.
 Prohibits privatization of protected areas.

3. Forest Conservation Act, 1980

 Restricts the diversion of forest land for non-forest purposes.

 Ensures that forests are preserved as public trust property.

4. Water (Prevention and Control of Pollution) Act, 1974

 Prevents industries from polluting rivers and water bodies.

 Recognizes water as a public trust resource.

5. Coastal Regulation Zone (CRZ) Notification, 2011

 Prevents construction and industrial activities in coastal areas.

 Protects beaches, mangroves, and wetlands as public trust
properties.
VII. Application of the Public Trust Doctrine in India
1. Protection of Forests

 Example: The Supreme Court ordered state governments to

prevent deforestation under the Forest Conservation Act.

2. Protection of Rivers and Lakes

 Example: The NGT imposed fines on industries polluting the

Ganga and Yamuna rivers.

3. Preservation of Beaches and Coastal Areas

 Example: The Supreme Court stopped illegal construction on

Goa’s beaches under the Public Trust Doctrine.

4. Protection of Air and Atmosphere

 Example: The Supreme Court ordered restrictions on air pollution

from industries and vehicles.

VIII. Challenges in Implementing the Public Trust Doctrine

1. Political and industrial pressure – Governments often favor
private development over environmental protection.
2. Weak enforcement – Environmental laws are often violated without
strict penalties.
3. Encroachments on public land – Illegal construction on forests,
rivers, and beaches continues.
4. Legal delays – Environmental cases take years to be resolved.
5. Lack of public awareness – Many citizens are unaware of their
right to public resources.

IX. Recent Developments and Reforms

 2021: The Supreme Court restricted private mining in eco-
sensitive zones under the Public Trust Doctrine.
  2022: The National Green Tribunal ordered demolitions of illegal
constructions in forests and wetlands.
 2023: The government introduced stricter coastal zone
regulations to protect beaches and marine ecosystems.

X. Conclusion
The Public Trust Doctrine is a vital principle in environmental law that ensures natural
resources are protected for public use. It prevents government mismanagement and private
exploitation of environmental resources. While Indian courts have strongly upheld this
doctrine, better enforcement and public participation are needed for its effective
implementation. The doctrine plays a crucial role in ensuring environmental sustainability and
protecting future generations.

Sustainable Development in Environmental

Law
I. Introduction
Meaning of Sustainable Development

 Sustainable development refers to development that meets the

needs of the present without compromising the ability of
future generations to meet their own needs.
 It seeks a balance between economic growth, environmental
protection, and social welfare.
 Recognized as a guiding principle in international and Indian
environmental law.

Historical Background

 1972 Stockholm Conference: First global recognition of the need for

environmental protection in development policies.
 1987 Brundtland Report: Introduced the modern definition of
sustainable development.
 1992 Rio Earth Summit (Agenda 21): Established principles of
sustainable development, including the Precautionary Principle,
Polluter Pays Principle, and Public Participation.
 2015 UN Sustainable Development Goals (SDGs): Set 17 global
goals to promote sustainability by 2030.
II. Principles of Sustainable Development
Sustainable development in environmental law is based on the following key principles:

1. Inter-Generational Equity

 Ensures that natural resources are preserved for future

generations.
 Example: Restrictions on deforestation and over-extraction of
groundwater.

2. Intra-Generational Equity

 Ensures that resources are distributed fairly within the present

generation.
 Example: Environmental justice for marginalized communities.

3. Precautionary Principle

 If an activity has the potential to cause serious environmental

harm, preventive measures should be taken even if full scientific
certainty is lacking.
 Example: Banning harmful pesticides before their full impact is
known.

4. Polluter Pays Principle

 Polluters are financially responsible for environmental damage.

 Example: Industries must pay compensation for pollution (Indian
Council for Enviro-Legal Action v. Union of India, 1996).

5. Public Trust Doctrine

 Natural resources belong to the public, and the state acts as a

trustee to protect them.
 Example: Lakes, rivers, and forests cannot be privatized (M.C.
Mehta v. Kamal Nath, 1997).

6. Sustainable Use of Resources

 Renewable resources should be used responsibly, and non-

renewable resources should be conserved.
  Example: Promoting solar energy instead of fossil fuels.

7. Environmental Impact Assessment (EIA)

 Before approving any major project, an EIA is required to assess

environmental consequences.
 Example: Industries must submit an EIA before setting up a
factory.

III. Sustainable Development in Indian Environmental Law

1. Constitutional Provisions

 Article 21 – Right to Life: Includes the right to a clean and

healthy environment.
 Article 48A – Directive Principles of State Policy: The state must
protect and improve the environment.
 Article 51A(g) – Fundamental Duty: Citizens must protect
forests, wildlife, and the environment.

2. Key Environmental Legislations Supporting Sustainable

Development

IV. Landmark Judicial Decisions on Sustainable

Development in India
1. Vellore Citizens Welfare Forum v. Union of India (1996)

 Facts: Tanneries in Tamil Nadu were polluting water bodies.

 Judgment: The Supreme Court applied the Precautionary Principle
and Polluter Pays Principle.
 Significance: Established sustainable development as part of Indian
environmental law.

2. M.C. Mehta v. Union of India (Ganga Pollution Case, 1985)

 Facts: Industries were discharging untreated sewage into the Ganga

River.
 Judgment: The Supreme Court ordered industries to install
pollution control devices.
  Significance: Strengthened industrial accountability for
environmental pollution.

3. Narmada Bachao Andolan v. Union of India (2000)

 Facts: Displacement of people due to the Sardar Sarovar Dam project.

 Judgment: The Supreme Court upheld the project but emphasized
proper rehabilitation and environmental protection.
 Significance: Balanced development with environmental
concerns.

4. Goa Foundation v. Union of India (2014) (Mining Case)

 Facts: Illegal and unsustainable iron ore mining was harming forests.
 Judgment: Supreme Court banned illegal mining in Goa and
emphasized environmental sustainability.
 Significance: Reinforced strict environmental regulation for
resource extraction.

5. Sterlite Industries (I) Ltd. v. Union of India (2013)

 Facts: Sterlite Copper Plant in Tamil Nadu was polluting the

environment.
 Judgment: Supreme Court imposed a ₹100 crore fine on the
company for environmental violations.
 Significance: Established that corporate activities must align
with environmental sustainability.

V. Sustainable Development Goals (SDGs) and India’s

Commitment
The United Nations Sustainable Development Goals (SDGs) 2015-2030 include 17 goals to
achieve environmental, social, and economic sustainability.

VI. Challenges in Implementing Sustainable Development

in India
1. Industrial Growth vs. Environmental Protection – Development
projects often damage forests and biodiversity.
 2. Deforestation and Land Degradation – Large-scale deforestation
for infrastructure projects.
3. Air and Water Pollution – Rapid urbanization has led to severe
pollution problems.
4. Weak Enforcement of Laws – Environmental laws are often
violated without penalties.
5. Climate Change Impacts – India is highly vulnerable to extreme
weather events.

VII. Recent Developments and Government Initiatives

1. 2021: The Supreme Court ruled that environmental clearances for
projects must include sustainability criteria.
2. 2022: India updated its climate action targets (NDCs) under the
Paris Agreement, pledging to cut carbon emissions by 45% by 2030.
3. 2023: The government launched the Green Hydrogen Mission to
promote clean energy.
4. 2024: Strengthened plastic waste management rules, banning
single-use plastics.

VIII. Conclusion
Sustainable development is a fundamental principle of environmental law, ensuring economic
growth does not destroy natural resources. While Indian laws and judiciary have strongly
supported sustainability, effective implementation, public awareness, and stricter
enforcement are needed to achieve long-term environmental conservation.

National Green Tribunal (NGT) – Powers and

Functions
I. Introduction to the National Green Tribunal (NGT)
The National Green Tribunal (NGT) is a specialized judicial body established under the
National Green Tribunal Act, 2010 to handle cases related to environmental protection,
conservation of forests, and enforcement of environmental laws. It provides a fast-track
mechanism for resolving environmental disputes.
Objectives of NGT

1. Effective and speedy disposal of environmental cases.

2. Enforcement of environmental rights and ensuring sustainable
development.
3. Preventing environmental damage and providing compensation for
affected parties.
4. Reducing the burden on regular courts regarding environmental
cases.

II. Powers of the National Green Tribunal

The NGT is vested with both judicial and administrative powers, allowing it to take strict
action against violators of environmental laws.

1. Adjudicatory Powers (Quasi-Judicial Powers)

 NGT has the power to hear and decide environmental cases under
various laws.
 It functions as a civil court and can issue binding judgments.
 Can review government decisions, projects, and industrial
activities that harm the environment.

2. Enforcement Powers

 NGT can direct industries to shut down if they cause pollution.

 Can impose fines, compensation, and penalties on polluters.
 Can order environmental restoration and cleanup.

3. Power to Review and Set Aside Government Approvals

 NGT can cancel or modify environmental clearances given by the

government to industrial or infrastructure projects.
 Example: In 2021, NGT revoked environmental clearance for a
mining project in Odisha due to ecological concerns.

4. Power to Apply Environmental Principles

 NGT applies important environmental principles in its decisions:

1. Polluter Pays Principle – Polluters must compensate for
environmental damage.
 2. Precautionary Principle – Preventive measures should be
taken even if full scientific certainty is lacking.
3. Sustainable Development – Balancing economic growth with
environmental protection.
4. Inter-Generational Equity – Protecting resources for future
generations.

5. Power to Award Compensation

 NGT can direct industries and authorities to compensate victims of

environmental damage.
 Example: In 2013, NGT ordered Rs. 25 crore compensation for
the Bhopal gas tragedy victims.

6. Contempt and Enforcement Powers

 NGT has the power to enforce its orders.

 It can punish individuals, industries, or government authorities
for non-compliance.

III. Functions of the National Green Tribunal

The NGT performs multiple functions related to environmental protection, dispute resolution,
and policy implementation.

1. Dispute Resolution and Environmental Justice

 Resolves cases related to pollution, deforestation, water and air

contamination, hazardous waste management, etc.
 Provides speedy justice, reducing the burden on regular courts.
 Can hear cases filed by citizens, NGOs, and government agencies.

2. Monitoring and Regulation of Environmental Laws

 Ensures strict implementation of environmental laws like:

o Environment Protection Act, 1986
o Air (Prevention and Control of Pollution) Act, 1981
o Water (Prevention and Control of Pollution) Act, 1974
o Forest Conservation Act, 1980
o Wildlife Protection Act, 1972
 Example: NGT banned the use of diesel vehicles older than 10
years in Delhi to curb pollution.
3. Granting and Cancelling Environmental Clearances

 NGT can review and revoke environmental approvals granted to

projects if they harm the environment.
 Example: In 2022, NGT stopped a construction project in Goa for
violating coastal zone regulations.

4. Protecting Public Rights and Environmental Awareness

 Ensures citizens’ right to a clean and healthy environment.

 Encourages public participation in environmental matters.
 Promotes awareness about environmental conservation.

5. Imposing Penalties and Compensation

 NGT can penalize industries and governments for environmental

violations.
 Example: NGT fined Volkswagen Rs. 500 crore for violating
emission norms in India.

6. Addressing Climate Change and Sustainable Development

 NGT plays a key role in implementing climate change policies.

 Supports renewable energy projects and eco-friendly industrial
practices.
 Ensures that development projects follow sustainable practices.

IV. Jurisdiction of the NGT

The NGT has jurisdiction over civil cases related to the following environmental laws:

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 Forest Conservation Act, 1980
5. The Biological Diversity Act, 2002

1. Territorial Jurisdiction

 NGT has five zonal benches across India:

1. Principal Bench – New Delhi
2. Western Zone Bench – Pune
 3. Central Zone Bench – Bhopal
4. Southern Zone Bench – Chennai
5. Eastern Zone Bench – Kolkata

2. Appellate Jurisdiction

 NGT hears appeals against environmental decisions taken by

government agencies.
 Example: If a factory gets permission to operate without proper
environmental clearance, NGT can review and cancel it.

V. Landmark Cases of the NGT

1. Art of Living Case (2016) – Pollution of Yamuna Floodplains

 Issue: The Art of Living Foundation held a massive event on the

Yamuna floodplains, causing environmental damage.
 NGT Order:
o Imposed Rs. 5 crore penalty on the organizers.
o Ordered restoration of the floodplains.
 Significance: Reinforced accountability for large-scale
environmental damage.

2. Delhi Air Pollution Case (2018)

 Issue: Rising air pollution in Delhi due to vehicles, construction, and

industries.
 NGT Order:
o Banned diesel vehicles older than 10 years.
o Ordered strict regulations on construction activities.
 Significance: Led to tighter pollution control policies in Delhi.

3. Vizag Gas Leak Case (2020) – LG Polymers Gas Leak

 Issue: A gas leak in a chemical plant in Visakhapatnam caused

multiple deaths and injuries.
 NGT Order:
o Ordered LG Polymers to pay Rs. 50 crore as compensation.
o Directed improved safety measures in hazardous
industries.
 Significance: Strengthened industrial safety and accountability.
4. Meghalaya Coal Mining Ban (2019)

 Issue: Illegal rat-hole mining in Meghalaya was harming the

environment.
 NGT Order:
o Banned illegal coal mining.
o Ordered rehabilitation of affected areas.
 Significance: Protected tribal lands and environmental
resources.

VI. Challenges Faced by NGT

1. Lack of Enforcement Power – NGT orders are often ignored by
industries and state governments.
2. Political and Industrial Pressure – Government and corporate
interests sometimes try to influence decisions.
3. Limited Financial Resources – Insufficient funds to conduct proper
environmental investigations.
4. Backlog of Cases – Increasing environmental disputes lead to delays
in judgment.

VII. Conclusion
The NGT plays a crucial role in protecting the environment by ensuring strict implementation
of environmental laws. It has significantly contributed to pollution control, industrial
regulation, and sustainable development. However, stronger enforcement mechanisms and
better cooperation with government agencies are needed to make its orders more effective.

Landmark and Recent Judgments of the

National Green Tribunal (NGT)
I. Introduction
The National Green Tribunal (NGT), established under the National Green Tribunal Act,
2010, is a specialized judicial body in India dedicated to expeditious disposal of cases pertaining
to environmental protection and conservation of forests and other natural resources. Over the
years, the NGT has delivered several landmark judgments that have significantly influenced
environmental jurisprudence in India.

II. Landmark Judgments

1. Almitra H. Patel vs. Union of India (2012)

 Issue: The case addressed the critical issue of solid waste management in India, focusing
on the open burning of waste, which contributes significantly to air pollution.
 Judgment: The NGT imposed a complete prohibition on the open burning of waste on
lands, including landfills. This directive was regarded as a significant step in addressing
solid waste management issues in India.
 Significance: This judgment is considered a landmark case dealing with solid waste
management in India.

2. POSCO Steel Project Case (2012)

 Issue: The case involved the environmental clearance granted to the POSCO steel project
in Odisha, which posed potential threats to local forests and communities.
 Judgment: The NGT suspended the environmental clearance granted to the POSCO steel
project, emphasizing the need for thorough environmental impact assessments and
adherence to environmental laws.
 Significance: The tribunal's decision was seen as a victory for local communities and
environmental activists, as it protected forests and local livelihoods from the adverse
effects of industrial development.

3. Srinagar Bandh Aapda Sangharsh Samiti vs. Alaknanda Hydro

Power Co. Ltd. (2013)

 Issue: The case focused on the environmental impact of hydroelectric power projects,
particularly concerning the 330 MW Alaknanda Hydro Power Project in Uttarakhand.
 Judgment: The NGT ordered the Alaknanda Hydro Power Co. Ltd. to compensate the
petitioner, directly relying on the 'polluter pays' principle.
 Significance: This judgment reinforced the application of the 'polluter pays' principle,
holding industries accountable for environmental degradation and mandating
compensation for affected parties.

4. Art of Living Case (2016)

 Issue: The Art of Living Foundation organized a large-scale event on the Yamuna
floodplains, leading to allegations of environmental degradation.
  Judgment: The NGT imposed a fine on the Art of Living Foundation for causing
damage to the Yamuna floodplains and directed the foundation to bear the cost of
restoration.
 Significance: This case highlighted the importance of holding organizations accountable
for environmental damage and reinforced the principle that development activities must
not compromise ecological integrity.

5. Save Mon Region Federation vs. Union of India (2013)

 Issue: The case challenged the environmental clearance granted for the construction of
the 780 MW Nyamjang Chhu Hydroelectric Project in Arunachal Pradesh, citing
potential threats to biodiversity and local communities.
 Judgment: The NGT suspended the environmental clearance, emphasizing the need for
comprehensive environmental impact assessments and proper consultation with local
communities.
 Significance: This judgment underscored the importance of thorough environmental
assessments and community involvement in decision-making processes related to large-
scale development projects.

III. Recent Judgments

1. Andhra Pradesh Salinity Mitigation Projects (2025)

 Issue: The Andhra Pradesh government proposed six projects under the 'Andhra Pradesh
– Krishna Kolleru Salinity Mitigation Projects Corporation Limited (AP-KKSMPCL)'
aimed at salinity mitigation. Concerns were raised regarding potential environmental
impacts and lack of proper clearances.
 Judgment: In a recent judgment, the NGT directed the state government not to proceed
with the proposed six projects, citing environmental concerns and the need for proper
assessments.
 Significance: This judgment highlights the NGT's role in scrutinizing state projects for
environmental compliance and ensuring that development initiatives do not compromise
ecological balance.

2. SMS Envoclean Pvt. Ltd. Case (2025)

 Issue: SMS Envoclean Pvt. Ltd., Mumbai’s sole biomedical waste treatment plant
located in Govandi, was accused of causing environmental pollution and posing severe
health hazards to local residents.
 Judgment: The NGT imposed a fine of Rs. 14.22 lakh on SMS Envoclean Pvt. Ltd. for
environmental damage and directed the company to implement corrective measures to
mitigate pollution.
  Significance: This judgment underscores the NGT's commitment to regulating
biomedical waste management and holding polluters accountable for environmental
harm.

3. Bhubaneswar Real Estate Project Case (2025)

 Issue: A real estate project in Ghatikia, Bhubaneswar, was found to be violating

environmental clearance norms set by the State Environment Impact Assessment
Authority (SEIAA), particularly the failure to construct a mandated stormwater drain.
 Judgment: The NGT halted the real estate project and provided the developer with a 15-
day window to comply with the environmental norms stipulated by SEIAA.
 Significance: This judgment emphasizes the NGT's role in enforcing environmental
compliance in urban development projects and ensuring adherence to environmental
clearance conditions.

IV. Conclusion
The National Green Tribunal has been instrumental in shaping environmental law in India
through its landmark and recent judgments. By enforcing environmental regulations, holding
violators accountable, and emphasizing sustainable development, the NGT continues to play a
pivotal role in balancing ecological conservation with developmental imperatives