Professional Documents
Culture Documents
V Term
Paper LB - 5037 - Environmental Law
Prescribed Legislations:
1.
2.
3.
4.
5.
6.
7.
8.
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10.
11.
Prescribed Books:
1. Shyam Diwan and Armin Rosencranz, Environmental Law and Policy in India
Cases, Materials and Statutes (2nd ed., 2001)
2. P. Leelakrishnan, Environmental Law Case Book (2nd ed., 2006)
3. Gurdip Singh, Environmental Law in India (2005)
4. P. Leelakrishnan, Environmental Law in India (3rd ed., 2008)
5. Stuart Bell & Donald Mc Gillivray, Environmental Law (7th ed., 2008)
Recommended Readings:
1.
2.
3.
4.
5.
ii
1
15
23
35
56
62
72
82
93
iii
97
101
105
118
129
132
136
150
154
157
167
176
183
186
194
198
iv
M.C. Mehta v. Union of India, AIR 1997 SC 734 (Taj Trapezium case)
Murli S. Deora v. Union of India, AIR 2002 SC 40
M.C. Mehta v. Union of India, AIR 2002 SC 1696 (CNG Vehicles case)
Forum, Prevention of Environmental & Sound Pollution v. Union of India,
AIR 2005 SC 3136
31. Orissa State Prevention and Control of Pollution Board v. M/s. Orient
Paper Mills, AIR 2003 SC 1966
32. Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare
Association, AIR 2000 SC 2773
207
209
222
226
M.C. Mehta v. Union of India, AIR 1987 SC 965 (Oleum Gas Leakage)
M.C. Mehta v. Union of India, AIR 1987 SC 982
M.C. Mehta v. Union of India, AIR 1987 SC 1086
M.C. Mehta v. Union of India, AIR 1996 SC 2231
(Re-location of Industries in Delhi)
234
247
253
263
271
Important Note:
1. The topics, legislations and cases mentioned above are not exhaustive. The teachers
teaching the course shall be at liberty to add new topics/legislations/cases.
2. The students are required to study the legislations as amended up-to-date and consult the
latest editions of books.
3. The question paper shall include one compulsory question. The question papers set for the
examinations held during 2007-08 and 2008-09
*****
LL.B. V Term Examinations, December, 2008
Note:
vi
(iv)
(v)
The Air Act 1981 and Water Act 1974 require the State Pollution Control
Boards to provide emission data to build a citizens case.
Environmental Impact Assessment examines the consequence and predicts
future changes in the environment.
2. The need and desire to protect the environment at the global level from Stockholm
Conference to Johannesburg Summit has immense value in drawing attention to the
problem of environmental deterioration and methods to prevent or remedy it. Elucidate
3. (i) Environmental ethics emphasizes the construction of environmental protection
around the concept of inter-generational and intra-generational equity. Discuss.
(ii) The Department of Public Works ordered for acquisition of a Wetland of
considerable natural beauty as a part of its plan to widen the State Highway. Before
the project commenced, five citizens brought an action against the Department of
Public Works, restraining them from such acquisition on the ground of public trust
doctrine. Decide whether the action of five citizens is sustainable or not with the help
of case law.
4. A PIL was filed under Article 32 of the Constitution of India by XY Samiti, a NGO,
working for the rights of the adivasis and tribal people in the remote area of State of U.P.
The main grievance of NGO was that the Adivasis and other backward people (tribal)
forest dwellers) were using forests as their habitat and means of livelihood. Part of the
land was declared as reserved forest and in respect of other part, the State Government of
U.P. had initiated acquisition processings for the purposes of establishing a super thermal
plant for generation of electricity. The NGO contended that the acquisition processings be
stopped as it violates Article 21 of the Constitution and damages the ecology of the area.
However, the State Government contended that for industrial growth and improved living
facilities, there is a great demand for electricity. Decide the competing claims of the
parties with the help of judicial pronouncements.
5. (i) The Delhi Development Authority (DDA) prepared a development scheme wherein
an area was kept for being developed as a recreational park. Subsequently, the
Chairman of DDA ordered that the area be allotted for the construction of a nursery
school. Discuss the legality of Chairmans order in light of Article 14 of the
Constitution and ecological concerns.
(ii) The Forest (Conservation) Act, 1980 makes it obligatory for the State Government
to obtain permission of the Central Government for use of forest land for non-forest
purpose. Discuss with the help of case law.
6. A PIL was filed in the Supreme Court, by Gram Samaj Samiti, a NGO, seeking protection
of ecologically fragile coastal area especially to deal with shrimp culture industry. While
hearing the petition, the Supreme Court directed the Central Government to constitute an
authority under Section 3(3) of Environmental Protection Act, 1986 with all necessary
powers. Discuss whether the Supreme Court can direct for the constitution of statutory.
Also discuss the important provisions of E.P. Act 1986 and decided cases.
vii
7. The State Pollution Control Board (SPCB) issued directions to M/s. Z Industries for
ensuring proper treatment and storage of effluents in lagoons. Some of the directions were
not complied with by M/s Z Industries and as a result some effluent reached river Palav
and polluted its water. Despite enough time given by SPCB, no remedial steps were taken
by the M/s Z Industries. The SPCB directed the closure of industry under Section 33A of
Water Act, 1974. Discuss the legality of the order by highlighting the important
provisions of Water Act, 1974.
8. M/s XY Chemical Ltd., a private sector undertaking, was engaged in the manufacture of
ammonia, a hazardous chemical. The ammonia was stored in a storage tank having a
capacity of 10,000 tons. However, on 13th January, 2007, there was leakage of ammonia
from the storage tank, killing 200 people, both amongst the workmen and public and
causing environmental degradation. Rohit, a public-spirited citizen, approaches you (an
environmental law expert) to file a PIL before the Supreme Court of India. Advise and
discuss the relevant legal principles (statutory and case law) that strengthen your case
before the Supreme Court.
*****
LL.B. V Term (Supplementary) Examinations, May-June, 2009
Note:
viii
6. A citizens forum complained to a magistrate that on account of pollution caused by untreated industrial discharges in the canal adjoining residential houses, a very grave
situation had arisen leading to great public nuisance. The magistrate issues orders
directing the closure of the industries responsible for causing pollution. The owners of
industries challenge the order on the ground of jurisdiction of the magistrate. Decide.
7. What primary causes were pointed out by the Supreme court which caused pollution of
river Ganga at Kanpur? Discuss the directions passed by the court in making Ganga
pollution-free? What is the state of those directions at present?
8. Describe statutory provisions relating to hazardous substances. What principles were laid
down by the Supreme Court to control damage resulting from the leakage of these
substances?
LL.B. V Term Examinations, December, 2010
Note:
ix
Bottling Co. Pvt. Ltd. Vs. Central Board for the Prevention and Control of Water
Pollution (AIR 1986 Delhi 152). Spell out the essential features of section 33.
6. Can the Environmental Authority established by the Central Governmental under Section
3(3) of the Environmental (Protection) Act, 1986 direct the stoppage of electricity supply
to the polluting industry for failure to comply with the provisions of the Act? Spell out the
inadequate and weaknesses of the Environmental (Protection) Act, 1986.
7. What is principle of absolute liability of the polluter? How will you distinguish it from
principle of strict liability? Is it codified? Discuss the scope of the principle with
reference to judgement of the Supreme Court in Shriram Gas Leakage Case and Public
Liability Insurance Act, 1991.
8. Write note on:
(i) Non-forest use of forest land;
(ii) Salient features of the Biological Diversity Act, 2002.
LL.B. V Term Supplementary Examinations, June-July, 2011
Note:
resulting in landslides and blockage of underground water. The court ordered for the
closure of polluting quarries.
On appeal to the Supreme Court, the quarry owners as well as the workers employed
therein contend that, closing down order can not be passed in view of their sight to life
U/A 21 of the Constitution. Decide.
5. (i) Describe various functions and duties of Central Government under Environmental
Protection Act, 1986.
(ii) The main purpose of EPA is to create an authority under the ?Act with adequate
powers to control pollution and protect the environment. It is pity that till date no
authority has been constituted by the Central Government. The work which is
required to be done by an authority is being done by this court ---. Elucidate with
the help of case law. Cite the relevant statutory provisions.
6. Discuss in detail the procedure relating to the:
(i) Consent requirement and
(ii) Collection of sample of effluents, under the Water (Prevention and Control of
Pollution) Act, 1974. Refer to judicial precedents.
7. What are legal dimensions of sustainable development? Discuss in the light of decided
cases.
8. Describe the meaning, scope and inter-relationship of Strict Liability, Absolute Liability
and Polluter Pays Principle. Which of these principles have been codified by the
legislative in India? Briefly explain the statutory law.
xi
LL.B. V Term
Environmental Law
FACULTY OF LAW
UNIVERSITY OF DELHI, DELHI-110 007
July, 2011