Professional Documents
Culture Documents
LL.B. Semester ll
111 - ENVIRONMENTAL LAW
(Including laws for Protection of wild life and other living creatures including
animal welfare)
Source : Internet. Dedicated to students of the subject.
Module-1)
Module-2)
Constitutional Remedies
Module-3)
Module-4)
Miscellaneous
SYLLABUS
Module-1)
1..1)
Environment
1..2)
1..3)
1..4)
Pollution
Module-1 QUESTIONS :
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Q : 2012 : Explain the word Environment with special reference to
ecology, ecosystem and biosphere
Q : 2013, 4, 5 : Explain the term ecology, eco-system and biosphere.
https://saferenvironment.wordpress.com/2009/09/01/environmentalpollution-problems-and-control-measures-%E2%80%93-overview/
http://www.tropical-rainforest-animals.com/causes-of-pollution.html
Q : Explain : Environment and types of Environment : Natural & Manmade Environment
Q : 2012 : Explain the word Environment with special reference to
ecology, ecosystem and biosphere
Q : 2013, 4, 5 : Explain the term ecology, eco-system and
biosphere.
Ans :
WHAT is Environment : PROBABLY earth is the only planet in the
universe which has life. In simple terms,
Environment is the sum total of water, air and land and the
interrelationships that exist among them with human beings,
other living organisms and materials.
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The natural environment encompasses all living and nonliving things occurring naturally on earth. These include
oceans/ mountains/ plains, water, air, sunlight, all
vegetations, all creatures (animals, birds, fish), etc and
interactions between all of them.
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2. Man-made Environment :
1. Deforestation
5. Growth of population
6. Rapid urbanization
9. Water pollution
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Ecology :
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etc.) plus the forces of nature (sunlight, gravity, climate,
molecular energy, etc).
as a forest)
Biomes (ecosystems covering wide areas & with
earth)
Ecosystem :
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Food Chain : Food chains and energy flow are the functional
properties of ecosystems which make them dynamic. The
biotic and abiotic components of an ecosystem are linked
through food chain.
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Biosphere :
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An ecosystem typically recovers back to a balanced state after a
disturbance occurs.
In the name of development, we remove trees and vegetation,
change how land is used. All these not only affect the soil ecology,
water table, etc, BUT severely disrupt ecological balance and ability
of ecosystem to regain its balance.
Traditional theory of ecological balance holds that ecosystems
typically correct themselves when small changes occur. For
instance, if a particular species becomes too plentiful, numbers of a
predator species may also increase temporarily to bring total
numbers back into balance.
However, in modern times as of 2014, most ecologists no longer
subscribe to the theory of ecological balance and instead feel that
small changes in one component of an ecosystem can result in
significant and permanent undesirable changes in the larger
ecosystem or even entire biosphere.
Go To Module-1 Questions
Q : What is environmental pollution? What are the types of environmental
pollution? What are the factors responsible for environmental pollution?
Q : 2012, 3, 4 : Explain the meaning, causes, effects and important
factors of pollution
Q : 2015 : Write note : Environmental pollutant
Q : 2015 : Write note : air pollutant
Q : Write note : water pollution
Q : 2015 : Write note : noise pollution
Ans :
What is environmental pollution? : The term pollution refers to
unfavorable alteration to our surroundings, wholly or largely as a
by-product of human action through direct and indirect effects of
changes in energy pattern, chemical and physical construction and
abundance of organisms. Thus, it is the addition of any foreign
material to water, air or soil, which may change immediately or
after some time, the natural properties of these basic constituents
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further causing some unfavorable change by making them unfit and
injurious.
Industrialization, poverty, population-explosion, urbanization, overexploitation of resources, etc. are some of the factors which have
contributed to environmental deterioration.
Types of environmental pollution : Following 3 are the main types of
environmental pollution :
Water Pollution
Air Pollution
Noise Pollution
Apart from above 3 main types of pollution, following other
types of pollution are also cause of concern to our environment :
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sector, there has been an increase in radioactivity in the
atmosphere. Mining activity also adds to air pollution.
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Sleep Disturbance
1. Population explosion
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2. Deforestation
3. Power generation
4. Industrialization
5. Globalization
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harmless. So don't fall for the lie of looking at nuclear as a
"green" source of energy just because it doesn't emit
greenhouse gases into the atmosphere.
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them with very little participatory means for the affected
people. This leads to an unreceptive environment when a
project is initiated which serves as a distinct handicap.
Go To Module-1 Questions
Go To Contents
Module-2)
Constitutional Remedies :
2..1)
2..2)
2..3)
2..4)
Module-2 QUESTIONS :
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Q : 2014, 5 : Explain the different provisions pertaining to environment
protection under the Constitution of India.
Q : 2013 : After 42nd Constitutional Amendment, the environmental law
in progress. Explain.
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approach to maintaining a balance between social,
economic and environmental challenges.
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Stopping deforestation
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Stockholm Declaration 1972 :
http://www.preservearticles.com/2012021623396/essay-on-thestockholm-conference-and-its-legacy.html
Preparations :
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which was considered by UN Economic and Social Council
on July 30, 1968. The proposal was cleared and United
Nations was asked to proceed with the preparations of the
conference on problems of human environment.
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solutions of environmental problems for the betterment of
human beings.
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Result :
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strategies for sustainable development and to begin
implementing them by 2005.
Millennium Development Goals : Millennium Development Goals are
the goals set at one of the largest-ever gathering of world leaders
in 2000. These world leaders agreed to a set of time-bound and
measurable goals for combating poverty, hunger, disease, illiteracy,
environmental degradation and discrimination against women, to be
achieved by 2015. The following is a brief overview of some
significant decisions and agreements that were reached by the
various countries :
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important outcome was that thrust now shifted towards
national and regional efforts to reduce emissions.
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Q : Discuss : Phases of development of Environment Laws in India
Ans :
Since the United Nations Conference on the Human Environment,
held in Stockholm in 1972, India has been an active participant in
every such conference and has passed numerous environmental
laws relating to environmental protection. India has not only ratified
many UN Conventions but the judiciary has also actively
implemented them on its own accord in the many landmark
judgments, as far back as the 1980s. India also has a burgeoning
NGO community which is deeply resourceful and committed to
making India an environmentally friendly state.
Post Stockholm and post Rio Declaration, Nations across the world
have adopted a number of laws pertaining to the three pillars of
sustainable development. India too has implemented a plethora of
laws. However, as far as the implementation of the laws is
concerned the State often falters in the implementation of laws. The
Supreme Court of India has upheld in a number of instances that
the Indian law is bound by international treaties and conventions of
which India is a signatory.
Moreover, as India is a Commonwealth nation, developments in
countries like England, USA, and Australia also set precedents. This
gives legislators, lawyers, and judges access to global
jurisprudence, which is unparallel and brings to them a wealth of
knowledge. Discussion on INDIA AND INTERNATIONAL
ENVIRONMENTAL LAW can be divided in following 3 distinct areas :
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Indian Constitution give the Government of India the
authority to implement any international treaty that the
country has signed.
Article 253 (Parliament has power to make any law for the
whole or any part of the territory of India for
implementing any international treaty, agreement or
convention)
Under Article 53, the executive powers of the Union rest with
the President of India.
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view of Article 51 of the directive principles, this Court
must interpret language of the Constitution, in the light of
the United Nations Charter and the solemn declaration
subscribed to by India.
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because both came into being in the same year- 1972. Indian
lawmakers have always looked to international conventions,
treaties, and declarations to form domestic laws.
The Air (Prevention and Control of Pollution) Act, 1981 has its
roots in the Stockholm Conference where Principle 13,
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equitable sharing of the benefits arising out of the use of
biological resources, knowledge and for matters connected
therewith or incidental thereto.
The Lok Sabha passed the National Green Tribunal (NGT) Act
of 2000 on 18 October 2010. It encompasses within it the
Fundamental Right to a Healthy Environment that is
enshrined in the Indian Constitution under Article 21. It
heralded a new dawn in environmental protection and will
replace the National Environment Tribunal Act, 1995 and the
National Environment Appellate Authority Act, 1997.
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Phases of development of Environment Laws in India : Indian laws
on Sustainable Development can broadly be seen to have developed
in four distinct but overlapping phases. These are as follows:
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Q : 2014, 5 : Explain the different provisions pertaining to
environment protection under the Constitution of India.
Q : 2013 : After 42nd Constitutional Amendment, the environmental
law in progress. Explain.
Ans :
Intro : India is one of the twelve mega biodiversity country. There
are innumerable species, whose potential is not even known till
date. Also, this biodiversity has direct relation to agriculture,
medicine and industry apart from it being a nations wealth.
Accordingly, there is constitutional provision in India for biodiversity
conservation.
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Accordingly, India has brought in two important Constitutional
Amendments. With the 42nd Constitutional Amendment Act, 1976,
the Indian legislature introduced environmental protection and
conservation into the Constitution by way of Article 48A and 51A(g).
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the right to clean environment as a fundamental right and
this can only be done by expanding the meaning of the right
to life as it appears in Article 21 of the Indian Constitution as
one of the fundamental rights.
Caselaws :
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includes the right to enjoyment of pollution free water and
air for full enjoyment of life.
Summary :
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Petitioners are aid of a purpose high on the national agenda.
Petitioners concern for the environment, ecology and the
wildlife should be shared by the Government.
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ALL these issues have been taken up by the courts in India to
promote the objective of a clean and healthy environment. Some of
such landmark cases include following :
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the levels of air pollutants and suspended particulate matters
in the atmosphere over the city of New Delhi and the
surrounding region. The Court responded by applying the
precautionary principle to the auto fuel policy and directed
the authorities to introduce and use unleaded fuel in a threephased manner, starting in Delhi and encompassing all India
by 2001.
Summary :
Thus, it is clear from the above discussion that the PIL has
played a very important role in the field of environment
protection by empowering the courts in India to do whatever
it can for this noble cause.
Go To Module-2 Questions
Q : 2014 : Discuss : Public trust doctrine
Q : 2015 : Discuss : M C Mehta -vs- Kamalnath (1977)1 SCC 388
(public trust doctrine case)
Ans :
The Public Trust Doctrine is the principle that certain resources are
preserved for public use, and that the government is required to
maintain them for the reasonable use of the public. The doctrine
enjoins upon the government to protect the resources for the
enjoyment of the general public rather than to permit their use for
private ownership or for commercial purposes.
The Public Trust Doctrine primarily rests on the principle that
certain resources like air, sea water and the forests have such a
great importance to the people as a whole that it would be wholly
unjustified to make them a subject of private ownership. The said
resources being gifts of nature, they should be made freely
available to everyone, irrespective of the status in life.
The State is the Trustee of all natural resources, which are by
nature meant for public use and enjoyment. Public at large is the
beneficiary of the sea-shore, running waters, air, forests and
ecologically fragile lands. The State as Trustee is under a legal
duty to protect the natural resources. These resources meant for
public use cannot be converted into private ownership.
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These resources are not to be frittered away and exhausted by any
one generation. Every generation owes a duty to all succeeding
generations to develop and conserve the natural resources of the
nations in the best possible way. This is in the interest of the nation
as well as in the interest of the mankind.
Supreme Court on Public Trust Doctrine :
the property must not be sold, even for fair cash equivalent;
and
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duties have been expanded to include a right to a healthy
environment.
M C Mehta -vs- Kamalnath (1977)1 SCC 388 (public trust doctrine
case) :
The case dealt with certain forest land which was given on
lease to the Motel by the state government situated at the
bank of River Beas. The area which was ecologically fragile
and full of scenic beauty should not have been permitted to
be converted into private ownership and for commercial
gains.
The court directed and ordered that the public trust doctrine
is a part of the law of the land and that the prior approval
granted to the government to lease the forest land for the
creation of the motel is quashed and that the government of
Himachal Pradesh shall take over the areas and restore it to
its original natural conditions.
Significantly the court also ordered that the motel shall pay
compensation by way of cost for the restitution of the
environment and ecology of the area. The court also asked
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the motel to show cause as to why pollution fine in addition
be not imposed on the motel.
Go To Module-2 Questions
Q : 2015 : Explain the essential features of sustainable development,
polluter pays principle, and precautionary principle. How they are
incorporated under the Environmental Law in India?
Q : HOW sustainable development, polluter pays principle, and
precautionary principle are incorporated under the environmental
laws in India ?
Ans :
'Polluter pays principle' and Precautionary Principle play very
significant role in Sustainable Development.
The Environment Protection Act, 1986 expressly empowers the
government to take all such measures as it deems necessary or
expedient for the purpose of protecting and improving the quality of
environment. Thus, it includes,
Sustainable Development ?
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i.e. after the pollution has already taken place. It means one
may pay and pollute.
Precautionary principle :
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Go To Module-2 Questions
Go To Contents
Module-3)
3..1)
3..2)
3..3)
3..4)
3..5)
3..6)
Module-3 QUESTIONS :
Q : 2012 : Discuss the function of central and state board under the Water
(prevention and control of pollution) Act 1974 and what are the provisions
relating to appeal and revision against the order of board.
Q : 2015 : Discuss : Functions of central board (under water act)
Q : 2013, 4 : Explain procedure for collecting samples under the Water
pollution Act
Q : 2013 : Discuss the functions of state board and central board under Air
(prevention and control of pollution) Act 1981
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Q : 2013 : Explain provision relating to appeal and revision against the
order of the board under Air (prevention and control of pollution) Act
1981
Q : 2013 : Discuss the provisions relating to restrictions on use of certain
industrial plants under Air (prevention and control of pollution) Act
1981
Q : 2015 : Shortnote procedure for taking air samples
---> Q : Noise Pollution : Causes, effects and control measures
Q : 2012, 3 : What was the necessity to enact The Environment
(protection) Act 1986? Explain the causes, aims and objectives of the act.
Q : 2013 : What are the remedies to prevent pollution under
Environmental (protection) Act 1986
Q : 2014 : Environment Protection Act 1986 is teeth-less tiger, explain
this statement.
Q : 2015 : Write note : Environmental laboratories
Q : 2014, 5 : What is hazardous process ? Discuss the provisions relating to
hazardous process under Factories Act 1948.
Q : 2013 : Write short note : Special provisions related to hazardous
substances under Factories Act 1948 (with reference to Bhopal gas)
Q : 2014, 5 : Discuss : Absolute Liability principle
Q : 2015 : Discuss : M C Mehta -vs- Union of India (Shree Ram Food's
case)
-----> Q : Discuss : Criminal Procedure Code : Public Nuisance Sec. 133143
Go To Contents
Module-3 ANSWERS :
Q : 2012 : Discuss the function of central and state board under the Water
(prevention and control of pollution) Act 1974 and what are the provisions
relating to appeal and revision against the order of board.
Q : 2015 : Discuss : Functions of central board (under water act)
Q : 2013, 4 : Explain procedure for collecting samples under the
Water pollution Act
Ans :
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The Pollution Control Boards are statutory bodies constituted with
an objective to protect and promote the atmosphere and to control
pollution.
The Water (Prevention and Control of Pollution) Act was passed in
1975. It was the first legislation which systematically dealt with
issues of water pollution in India. It is expansive and applies to
streams, inland waters, subterranean waters and sea or tidal
waters.
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government may by notification in the official gazette specify
in the behalf.
The Water (Prevention and Control of Pollution) Act works through a
system of command and control by establishing Central and State
Pollution Control Boards which prescribes standards of discharge
and exceeding such standards are met with penalties which include
fines and imprisonment.
Important Provisions of the Water (Prevention and Control of
Pollution) Act :
The CPCB and the SPCB are also empowered to make rules
for the implementation of the Water Act.
CPCB and SPCB have legal personalities and can acquire and
dispose of property, can sue and be sued.
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Penalty : The penal provisions provided in the Act are
comprehensive. An offender under the Act shall on conviction be
punishable with imprisonment for a term which may extend to three
months or with a fine which may extend to Rs 5000 or with both,
and in case the failure to comply continues, an additional fine of Rs
1000, for every day of the violation.
Burden of liability : Where an offence under this Act has been
committed by a company, every person who at the time the offence
was committed was in charge of and responsible to the company
shall be deemed to be guilty of the offence, except when he or she
can prove that the offence was committed without their knowledge
or that he or she had exercised due diligence to prevent the
offence. The Act provides for punishment also to those who give
consent to the offensive act or connive in the Act, be it the director,
the manager, the secretary or any other official of the company.
Provisions relating to appeal and revision against the board (under
water act) :
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(a) serve notice on the occupier (or his agent) of the plant
of his intention to have the sample so analysed;
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be marked and sealed and shall also be signed by the person
taking the sample and the same shall be sent forthwith to a
reconized laboratory
Go To Module-3 Questions
Q : 2013 : Discuss the functions of state board and central board under
Air (prevention and control of pollution) Act 1981
Q : 2013 : Explain provision relating to appeal and revision against
the order of the board under Air (prevention and control of
pollution) Act 1981
Q : 2013 : Discuss the provisions relating to restrictions on use of
certain industrial plants under Air (prevention and control of
pollution) Act 1981
Q : 2015 : Shortnote procedure for taking air samples
Ans :
The Pollution Control Boards are statutory bodies constituted with
an objective to protect and promote the atmosphere and to control
pollution.
The Air (Prevention and Control of Pollution) Act, 1981 was enacted
by the Parliament in pursuance to the Stockholm Declaration in
1972.
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to human beings or other living creatures or plants or
property or environment.
The Air Act provides for State boards even in states which do
not have pollution control boards established under the Water
Act.
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are authorized to take immediate measures to meet grave
emergencies and recover from the persons concerned the
expenses incurred in the process.
The authorised person under the Act can enter any place to
obtain information relevant to the Act, examine and test any
control equipment, industrial plant or any document.
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After the Amendment of the Act in 1987, the Act gives the
power to issue directions, including closure, prohibition or
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regulation of any industry, and the power to stop or regulate
the supply of electricity, water or any other service.
Procedure for taking air samples : Section-26 of the Air (prevention
and control of pollution) Act 1981 prescribes powers and procedure
for taking samples of air.
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refuses to sign the marked and sealed container or
containers of the sample of emission, the marked
and sealed container or containers shall be signed
by the person taking the sample, and the container
or containers shall be sent without delay by the
person taking the sample for analysis to a
recognized laboratory, and such person shall inform
the Government analyst in writing about the willful
absence of the occupier or his agent, or his refusal
to sign the container or containers.
Go To Module-3 Questions
Q : Noise Pollution : Causes, effects and control measures
Ans :
After the Bhopal Gas Tragedy took place in 1986, there was a
sense of urgency to prevent such catastrophic incidents by
creating a mechanism incorporating planning, policy making
and co-ordination of action between the Central and State
Governments.
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Purpose (aims and objectives) of the Act :
The purpose behind creating the Act was to give force to the
Article 48(A) of the Constitution of India which states The
State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the
country.
Environment includes water, air and land and the interrelationship which exists among and between water, air and
land, and human beings, other living creatures, plants,
micro-organism and property
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Board), and provide all possible assistance to the regulatory
agencies to counter the ill effects of the discharge. All
expenses incurred by the regulatory agency in undertaking
remedial measures may be recovered from the polluter.
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The Rules also lay down the procedure for taking samples,
serving notice, submitting samples for analysis and
submitting the laboratory report. The functions of
environmental laboratories are described under the Rules,
and the qualifications for the government analysts are also
laid down.
The Environment (protection) Act 1986, is a teeth-less tiger :
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inconsistent therewith contained in any enactment
other than this Act.
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laboratory report thereon and the fees payable for
such report;
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the Government in the matter of examination of
application for establishment of factories involving
hazardous processes.
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exposure of chemical and toxic substances in
manufacturing processes in any factory.
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Brief Facts of the Case : The Bhopal gas tragedy is, till date,
the worlds worst industrial disaster. It occurred in December
of 1984 at Bhopal in Madhya Pradesh. The tragedy was a
result of the leak of the methyl isocyanate (MIC) gas from
the Union Carbide India Ltd (UCIL) plant which manufactured
pesticides.
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fund is to be found insufficient, then the deficiency is to
be made good by the Union of India. Thus, no liability
could be fixed on the Union Carbide.
The main issue in the original writ petition which was filed in
order to obtain a direction for closure of the various units of
Shriram on the ground that they were hazardous to the
community.
But while the writ petition was pending there was escape of
oleum gas from one of the units of Shriram on 4 and 6
December 1985 and applications were filed by the Delhi Legal
Aid & Advice Board and the Delhi Bar Association for award of
compensation to the persons who had suffered harm on
account of escape of oleum gas.
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proceed to decide these constitutional issues since there was
no claim for compensation originally made in the writ petition
and these issues could not be said to arise on the writ
petition. However, the Court, while rejecting this objection,
said that though it is undoubtedly true that the petitioner
could have applied for amendment of the writ petition so as
to include a claim for compensation but merely because he
did not do so, the applications for compensation cannot be
thrown out. These applications for compensation are for
enforcement of the fundamental right to life enshrined in
Article 21 of the Constitution and while dealing with such
applications we cannot adopt a hyper-technical approach
which would defeat the ends of justice
Judgment :
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on account of an accident in the operation of such
hazardous or inherently dangerous activity resulting, for
example, in escape of toxic gas the enterprise is strictly
and absolutely liable to compensate all those who are
affected by the accident and such liability is not subject to
any of the exceptions which operate vis--vis the tortious
principle of strict liability under the rule in Rylands v.
Fletcher.
Go To Module-3 Questions
IMP-----> Q : Discuss : Criminal Procedure Code : Public Nuisance Sec.
133-143
Ans :
In simple words, Public Nuisance means anoyance or
inconvenience which materially interferes with the ordinary physical
comfort of human existence.
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requirement of the section is satisfied even if the danger is
confined to the members of a single household.
Sec-133 of CrPC does not deal with all potential nuisance but only
applies when the nuisance is in existence. Following are the
categories of cases which can be redressed under Section 133 of
the CrPC :-
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proceedings under Section 133 are more or less summary
and it cannot be kept pending for a long time.
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wait until competant court decides on existance of public
right.
Module-4)
Miscellaneous :
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4..1)
4..2)
4..3)
Forest Officer
4..4)
Jurisdiction
4..5)
features
Module-4 QUESTIONS :
Q : 2012 : Explain the provisions regarding the liabilities of owners and
procedure for compensation as per Public Liability Insurance Act 1991.
Q : 2013 : Write short note : Principle of No fault liability under the
public liability insurance act 1991
Q : 2015 : Discuss : Environmental relief fund
Q : 2012, 3 : Write note on Constitution and function of wild life advisory
board
Q : 2013 : Write short note : Closed Area under Forest (conservation) Act
Q : Discuss : Reserved Forest, Protected Forest and Village Forest under
the Indian Forest Act 1927
Q : 2014 : Discuss : Reserved forest under the Forest Act
Q : 2015 : Explain the provisions relating to protected forest under the
Indian Forest Act 1927
Q : 2013 : Write short note : Power to enact rule by forest officers.
Q : Discuss in detail : NATIONAL GREEN TRIBUNAL (NGT)
Q : 2012 : Write note on national environmental tribunal
Q : 2015 : Write note : power of national environmental authority.
Q : Prevention of Cruelty to the Animals Act : Objects & main features
Q : 2015 : Discuss : Cruelty to animals
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Module-4 ANSWERS :
Q : 2012 : Explain the provisions regarding the liabilities of owners and
procedure for compensation as per Public Liability Insurance Act 1991.
Q : 2013 : Write short note : Principle of No fault liability under
the public liability insurance act 1991
Ans :
Principle of No fault liability :
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or damage in respect of which the claim has been made was
due to any wrongful act, neglect or default of any person.
Definitions : Section 2 of the Act gives definitions of the following :
Duty of Owner :
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under taking handling any hazardous substance and owned
or controlled by that owner
Sec-8 of the PLIA also provides that, the right to claim relief
under section 3 in respect of death of, or injury to, any
person or damage to any property shall be in addition to any
other right to claim compensation in respect thereof under
any other law for the time being in force.
What is Covered? :
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Ans :
The Environmental Relief Fund has been establishment under section
7A of Public liability insurance act 1991
The Public Liability Insurance Act (PLIA) was passed in 1991. The Act
deals with accidents caused by hazardous substances and provides
insurance to persons who have been affected by will be given
immediate relief by the persons handling the hazardous goods. Where
death or injury results from an accident, this Act makes the owner
liable to give relief as is specified in the Schedule of the Act. The basis
for the Act is No Fault Liability.
Section 7A. ESTABLISHMENT OF ENVIRONMENTAL RELIEF FUND
(1) the Central Government may, by notification in the official
Gazette, establish a fund to be known as the Environment Relief
Fund.
(2) The Relief Fund shall be utilised for paying, in accordance with
the provisions of this Act and the scheme, relief under the award
made by the Collector under section 7.
(3) The Central Government may, by notification in the Official
Gazette, make a scheme specifying the authority in which the relief
fund shall vest, the manner in which the Fund shall be administered
the form and the manner in which money shall be drawn from the
Relief Fund and for all other matters connected with or incidental to
the administration of the Relief Fund and the payment of relief
therefrom.]
Environmental Relief Fund- The PLIA was amended in 1992 and the
Central Government has been authorized to establish the
Environmental Relief Fund which can be utilised for making relief
payments by the Collector.
Application for claim for relief Whenever it comes to the notice of
the Collector that an accident has occurred in any place within his
jurisdiction, he is to verify such occurrence and publicise it for inviting
applications for relief.
Under the "Public Liability Insurance Rules", the powers of the
Collector and the extent of the liability of the owner of the Hazardous
substances have been clarified, especially with reference to the
contribution of the owner to the Environmental Relief Fund.
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Go To Module-4 Questions
Q : 2012, 3 : Write note on Constitution and function of wild life advisory
board
Ans :
National Board for Wild Life is a Statutory Organization
constituted under the Wildlife Protection Act, 1972. Theoretically,
the board is advisory in nature and advises the Central
Government on framing policies and measures for conservation of
wildlife in the country. However, it is a very important body because
it serves as apex body to review all wildlife-related matters and
approve projects in and around national parks and sanctuaries.
Composition :
The members include 15 non-government members, 19 exofficio members and 10 government officials such as
secretaries.
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(4) In all, there are around 200 projects pending for approval
for clearance from the Board. Some of the major cases
pending before the board include the coal blocks in and
around central Indian tiger reserves such as Pench and
Tadoba, Hydroelectric projects in Northeast India, Highway
and road projects through several wildlife sanctuaries and
national parks, Iron ore mining in Chhattisgarh and
Jharkhand in elephant areas.
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Apart from this principle, NGT has to also apply the principles
of Sustainable Development, precautionary principle and
polluter pays principle, while giving an order or decision or
award.
Procedure :
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(c) to take all such steps as the Board may think fit for the
construction of sheds, water-troughs and the like and by
providing for veterinary assistance to animals:
(e) to take all such steps as the Board may think fit to ensure
that unwanted animals are destroyed by local authorities,
after being rendered insensible to pain or suffering.
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(k) offers for sale or has in his possession any animal which
is suffering pain due to mutilation, starvation, thirst,
overcrowding or other illtreatment; or
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