BIBLIOGRAPHY

Lecture notes of Susan Wolf and Anna White on Environmental Law.

Legal Control of Environmental Pollution. By Mahesh Mathur

Introduction
The Environmental Protection act (EPA) 1990 under s. 1(2) defines
environment as:
The environment consists of all or any of the following media, namely,
the air, water, land; and the medium of air includes the air within
buildings and the air within other natural or man-made structures
above or below ground.
The word 'POLLUTION', is derived from the Latin word POLLUTUS',
which means 'defiled or to make dirty or to pollute'. An accurate definition
of the term is not easy. Known pollutants differ so much in nature, effect and
origin that no common feature is discernible. The ground of commonality is
each pollutant represents a substance which in terms of man's environment,
is in the wrong place, at the wrong time, in the wrong amounts and in the
wrong physical and chemical form.
For e.g. higher level of mercury in water, presence of carbon monoxide in air
and plastic in land fills.
Pollution of the environment has also been defined as many different forms
of unwanted interference with the environment. In general terms it has been
defined as:
'The introduction by man into any part of the environment of .waste
matter or surplus energy, which so changes the .Environment as directly
or indirectly adversely to effect the opportunity of men to use or enjoy it
and it is the introduction into water of substances of such character and
quantity that its natural quality is so altered as to impair its usefulness
or render it offensive to the senses of sight, taste or smell.
According to Liptak, it is a change in physical, chemical and biological
condition in the environment which harmfully affects the quality of human
life, causing effects on other animals and plants, industries and cultural and
aesthetic assets.

Different types of pollution

There are different types of pollution namely, air pollution, water pollution,
soil pollution, noise pollution, radioactive pollution, thermal pollution and
maritime pollution.
They are discussed as below:
Air pollution
Pollution of air has been defined as the change in the composition of air in
such a way that it becomes harmful for human health.
Air is a mechanical micture of gases. The normal composition of external
air by volume is approximately as follows :
Nitrogen-78%
Oxygen-20.93%
Carbon dioxide-0.03%
The balance is made up of other gases which occur in traces, e.g. Neon,
krypton, xenon, traces of ammonia and suspended matter such as dust,
bacteria, spores and vegetable debris.
Air is rendered impure by

Respiration of men and animals

Combustion of coal, oil, gases etc.
Decomposition of organic matter.
Trade, traffic, manufacturing processes which give of dust , fumes,
vapors and gases.

Under ordinary circumstances, the composition of outdoor air is remarkably

constant. When the rate of pollution becomes too high or when the cleansing
process becomes ineffective, it constitutes a health hazard.

Water pollution
Water pollution has been defined as, the change in composition of water in
such a way that it becomes not only unsafe but also unwholesome for human
consumption.
Safe and wholesome water has been defined as water that is :

Free from pathogenic agents

Free from harmful chemical substances.
Pleasant to taste.
Usable for domestic purposes.

Water is said to be contaminated when it contains ineffective and parasitic

agents, poisonous chemical substances, industrial or other waste or sewage.
The term polluted water is synonymous with contaminated water.
Noise pollution
Noise pollution is defined as unwanted high pitch sound, which is leading
to health hazard. This term has recently been coined to signify the vast
cacophony of sounds that are being produced in modern life leading to
health hazard.
Radioactive pollution
Radioactive pollution has been defined as the pollution caused by the blast
of atoms. When the amount of radiation in the atmosphere is increased, that
is when it crosses the permissible limit, it causes pollution.
Soil pollution.
The degradation of the top layer of soil, due to dumping of untreated waste
materials and non biodegradable materials leads to soil pollution. That is the
soil loses its fertility. Radioactive dumping also causes soil pollution.
Since, all the above elements namely air, water, soil and atmosphere form a
complete environment, pollution of one type inevitably leads to pollution of
other various kinds forming a chain reaction.

Factors Responsible for Pollution

URBANISATION
Environmental factors have been given too little consideration in thinking on
urbanization in India. Yet, they are extremely important and their importance
will increase with increasing urbanization. The levels of water and air
pollution are very high in many cities and they could increase to dangerous
levels with further increase in the population.
Pollution of river water by discharges of untreated waste and sewerage by
cities and towns , by industrial effluents and by chemical dissolved in oil and
wash from the fields is also increasing rapidly with urbanization,
industrialization and agricultural intensification.
In Almitra H. Patel v. Union of India, (2002) 2 SCC 679, the SC has
observed that:
The historic city of Delhi is one of the most polluted cities in the world. the
authorities responsible for pollution control and environment protection have
not been able to provide a clean and healthy environment to the residents.
The air is so polluted that it is difficult to breathe. The river Yamuna is the
free dumping place for untreated sewerage and industrial waste. Apart from
air and water pollution, the city is virtually an open dustbin. There is no
doubt that rapid industrial development and urbanization has a major
contribution towards environmental degradation.
The citizens Centre for Science and Environment in its 5th Report State of
Indias Environment 1999 has observed that :
India is facing a total collapse of the urban environment. While industrial
cities like Ludhiana and Tiruppur are drowning in toxic wastes and industrial
pollution, non industrial cities like Aligarh and Bhagalpur are swamped with
domestic waste. Water supply agencies have failed to provide clean and
adequate water, people are turning more to use of ground water, depleting
and polluting its reserves. Rivers that pass through town are turning toxic.

This quick population growth in urban area may soon reduce per capita
water availability to levels below those required to meet basic household,
industrial and agricultural need.
INDUSTRIALISATION
Industry is no doubt one of the major factors to gear up economy. But it is
also a major source of pollution. Industrialization has risen up the standard
of living; however, at the same time it has deterioted the environment. Use
of atomic energy, kerosene, diesel, coal and other fossil fuels pollute the air.
Industrial waste has become a major source of environmental pollution.
In case of M.C. Mehta v. Union of India AIR 1988 SC 115, it was observed
that some leather tanneries were discharging untreated effluents in water
near Kanpur and rivers passing by were highly polluted. The court ordered
the closure of the tanneries.
In another case, Shree Ram Food and Fertilisers Corporation v. the Union
of India, 1987 SCC 395, it was held that leakage of the oleum gas dangerous
and the closure of the tanneries.
In the case of the Union carbide Corporation v. Union of India, AIR 1990 Sc
248, the leakage of MIC gas in the union carbide plant was observed to be
inherently dangerous and hazardous activity and in this case the law relating
to the development of the environmental law, quantum of compensation,
no-fault liability, absolute liability were discussed and propounded at
great length.
POPULATION GROWTH
Population growth can be a key variable driving environmental change. The
growth of the world population and production combined with unsustainable
consumption patterns places stress on the life supporting capacities on our
planet. These interactive processes affect the use of land, water, air energy
and other resources.
It also leads to an increase in the density of the population the certain areas.
Indias population makes up to 16% of the worlds population .such an
increase in the population automatically demands more food and to meet

that demand we have to use pesticides and chemical fertilizers. This leads to
reducing the fertility of the land.
DEFORESTATION
Industrialization and rapid increase in the population has resulted in
deforestation. Forests are a vital source in preserving our natural ecology.
Forests prevent floods and are useful in protection of wildlife. As a result of
deforestation, many species of plants and animals have become extinct nad
many are endangered. Deforestation also affects the life of tribal people who
are heavily dependent on the forest.
Deforestation adversely affects the rate of evaporation thus bringing about
change in the rainfall patterns and climatic conditions.
POVERTY
Poverty can be described as the inability of a person to attain or maintain a
minimal standard of living. Poverty reduces peoples capacity to use
resources in a sustainable manner. It intensifies the pressure on the
environment.
In Olga Tellis v. Bombay Municipal Corp, AIR 1986 SC 180, the apex court
directed the B.M.C. authorities to provide alternative accommodation with
basic amenities like latrines, water, road before slum dwellers and pavement
dwellers were evicted. Eradicating poverty is the greatest global challenge
facing the world today and is an indispensable requirement for sustainable
development particularly for developing nations like India.

INDEX
Introduction
Types of Pollution

Air pollution
Water pollution
Soil pollution
Noise pollution
Radioactive Pollution

Factors responsible for pollution

Urbanisation
Industialisation
Population growth
Deforestation
Poverty

Conclusion

Conclusion
What is the point of making a house if you dont have a healthy planet to
put it on.- Henry David Thoreau

Environmental Law
Project
POLLUTION

Made by:
ABHAY OJHA
Roll No. O1
B.A. L.LB (H) III year