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LL.B.

V Term
Paper LB - 5037 - Environmental Law
Prescribed Legislations:
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4.
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The Water (Prevention and Control of Pollution) Act, 1974


The Air (Prevention and Control of Pollution) Act, 1981
The Environment (Protection) Act, 1986
The Public Liability Insurance Act, 1991
The National Environment Tribunal Act, 1995
The National Environment Appellate Authority Act, 1997
The Biological Diversity Act, 2002 (18 of 2003)
The Wildlife (Protection) Act, 1972
The Forest (Conservation) Act, 1980
The Indian Forest Act, 1927
The Scheduled Tribes and Other Traditional Dwellers (Recognition of Forest Rights) Act,
2007.

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.
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The National Environment Policy, 2006


The National Forest Policy, 1988
The National Water Policy, 2002
The Wildlife Conservation Strategy, 2002
The World Commission on Environment and Development, Our Common Future,
1987
6. C.S.E., The State of Indias Environment 1984-85, The Second to Fifth reports
1986-1999
7. IPCC Fourth Assessment Report (AR4). Climate Change 2007.

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Chapter 1 : Environment and Pollution (2 Lectures)


Environment Meaning and Scope; Pollution Air, Water, Environmental - Meaning,
Causes and Effects; Dimensions and Magnitude of the Problem of Environmental
Degradation; Need for Legal Control of Pollution.
Chapter 2 : International Environmental Law (3 Lectures)
1. Human Right to Healthy Environment; Convention on Access to Information, Public

Participation in Decision-making and Access to Justice in Environmental Matters,


1998 (Aarhus Convention)
2. U.N. Conference on Human Environment, 1972 Stockholm Principles, Establishment of
Environmental Institutions like UNEP.
3. World Charter for Nature, 1982
4. Ozone Protection Montreal Protocol for the Protection of Ozone Layer, 1987 as
amended
5. U.N. Conference on Environment and Development, 1992 - Rio Principles; U.N.
Convention on Biological Diversity,1992; Cartagena Protocol on Biosafety, 2000; U.N.
Convention on Climate Change1992, Kyoto Protocol, 1997; Forest Principles; Agenda
21
6. Johannesburg Conference, 2002
7. Delhi Summit, 2002
Chapter 3 : Fundamental Principles of Environmental Protection (3-5 Lectures)
Development v. Environment; Sustainable Development Meaning, Definition, Object and
Scope; Inter-generational and Intra-generational Equity; Precautionary Principle; Polluter
Pays Principle; Public Trust Doctrine
1. Indian Council for Enviro-Legal Action v. Union of India,
AIR 1996 SC 1446 (Bichhri Village case)
2. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715
3. A.P. Pollution Control Board v. M.V. Nayudu, AIR 1999 SC 812
4. Narmada Bachao Andolan v. Union of India, AIR 2000 SC 3751
5. Goa Foundation, Goa v. Diksha Holdings Pvt. Ltd., AIR 2001 SC 184
6. M.C. Mehta v. Union of India, AIR 2002 SC 1696 (CNG Vehicles case)
7. T.N. Godavarman Thirumulkpad v. Union of India, AIR 2005 SC 4256
8. Intellectuals Forum, Tirupathi v. State of A.P., AIR 2006 SC 1350
9. Ms. Susetha v. State of Tamil Nadu, AIR 2006 SC 2893

1
15
23
35
56
62
72
82
93

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Chapter 4 : Constitutional Perspective (3-5 Lectures)


Human Right to Healthy Environment; Fundamental Rights - Right to Wholesome
Environment - Article 14 (Right to equality, non-arbitrary and non-discriminatory treatment),
Article 19(1)(g) (Freedom to carry on trade or business), Article 21 (Right to life, livelihood
and wholesome environment) and Article 32 (Right to Constitutional remedies); Directive
Principles of State Policy Article 47, 48-A; Fundamental Duty Article 51-A(g); Article
226 (Powers of High Courts); Public Interest Litigation - Nature Non-Adversarial,
Collaborative, Co-operative and Investigative; Locus Standi - Pro Bono Publico;
Representative Standing; Citizens Standing
10. Subash Kumar v. State of Bihar, AIR 1991 SC 420
11. T.N. Godavarman Thirumulkpad v. Union of India, AIR 2006 SC 177
12. Rural Litigation and Entitlement Kendra v. State of U.P., AIR 1982 SC 652
(Dehradun-Mussorie Hills quarrying case)
13. M.C. Mehta v. Union of India, AIR 1997 SC 734 (Taj Trapezium case)
14. M.C. Mehta v. Kamal Nath (1997) 1 SCC 388
14A M.C. Mehta v. Kamal Nath, AIR 2000 SC 1997
14B M.C. Mehta v. Kamal Nath, 2002 (2) SCALE 654
15. Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109
16. Tarun Bharat Sangh v. Union of India, AIR 1992 SC 514 (Sariska Case)
17. M/s. Abhilash Textiles v. Rajkot Municipal Corpn., AIR 1988 Guj. 57
18. M.C. Mehta v. Union of India, (2006) 3 SCC 399 (Closure of industries in Delhi)
19. Forum, Prevention of Environment & Sound Pollution v. Union of India, AIR
2006 SC 348
20. Karnataka Industrial Areas Development Board v. C. Kenchappa,
AIR 2006 SC 2038

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101
105
118
129
132
136
150

154
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Chapter 5 : Prevention and Control of Water Pollution (5 Lectures for Chapter 5


and 6 combined)
The Water (Prevention and Control of Pollution) Act, 1974 Water Pollution Meaning;
Central and State Pollution Control Boards Constitution, Powers and Functions; Water
Pollution Control Areas; Samples of Effluents Procedure; Consent Requirement
Procedure, Grant/Refusal, Withdrawal, Review, Appeals, Revision; Restraint Order; Citizen
Suit Provision; Offences and Penalties; The Water Cess (Prevention and Control of Pollution)
Act, 1977
21. M.C. Mehta v. Union of India, AIR 1988 SC 1037 (Kanpur Tanneries case)
22. M.C. Mehta v. Union of India, AIR 1988 SC 1115 (Municipalities case)
23. M/s. Delhi Bottling Co. Pvt. Ltd. v. Central Board for the Prevention and
Control of Water Pollution, AIR 1986 Del. 152
24. Municipal Council, Ratlam v. Vardichand, AIR 1980 SC 1622
25. State of M.P. v. Kedia Leather & Liquor Ltd., AIR 2003 SC 3236
26. U.P. Pollution Control Board v. Dr. Bhupendra Kumar Modi
(2009) 2 SCC 147

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176
183
186
194
198

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Chapter 6 : Prevention and Control of Air Pollution


The Air (Prevention and Control of Pollution) Act, 1981- Air Pollution Meaning, Causes
and Effects; Central and State Pollution Control Boards - Functions; Air Pollution Control
Area; Consent Requirement - Procedure, Grant/Refusal, Withdrawal; Restraint Orders;
Citizen Suits; Noise Pollution (Regulation and Control) Rules, 2000; Offences/Penalties;
Vehicular pollution
27.
28.
29.
30.

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

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209
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Chapter 7 : Environmental Protection (3-5 Lectures)


The Environment (Protection) Act, 1986 Aims and Objects; Meaning of Environment and
Environmental Pollutant; Powers and Functions of the Central Government; Environment
Authority - Constitution; Delegation Powers; Offences/Penalties; Effectiveness of the Act;
Environmental Impact Assessment, 2006; Environmental Audit; Coastal Regulation
Notification, 1991 (as amended up-to-date); The National Environment Appellate Authority
Act, 1997 - Constitution, Powers, Functions
33.
34.
35.
36.
37.

Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715


S. Jagannath v. Union of India, AIR 1997 SC 811 (Shrimp Culture case)
M.C. Mehta v. Union of India, AIR 2002 SC 1696 (CNG vehicles case)
F.B. Taraporawala v. Bayer India Ltd., AIR 1997 SC 1846
A.P. Pollution Control Board v. M.V. Nayudu, AIR 1999 SC 812

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Chapter 8 : Handling of Hazardous Substances Legal Controls


Legal Control of Hazardous Waste, Bio-Medical Waste, Genetic Engineering; Industrial
Accidents Principle of No fault and Absolute Liability; Public Liability Insurance The
Public Liability Insurance Act, 1991; The National Environment Tribunal Act, 1995
38.
39.
40.
41.

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)

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247
253

42. Union of India v. Union Carbide Corporation,


AIR 1990 SC 273; AIR 1992 SC 248
43. Charan Lal Sahu v. Union of India, AIR 1991 SC 1480
44. Research Foundation for Science v. Union of India, 2007 (10) SCALE 594.

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Chapter 9 : Protection and Conservation of Forests,


Biodiversity and Wildlife (3-7Lectures)
The Indian Forest Act, 1927; The Forest (Conservation) Act, 1980; National Forest Policy
1988; Guidelines, 1994; Kinds of Forest Land - Private, Reserved, Village, Protected; Deeservation of Forests - Non-Forest Use of Forest Land; Rights of Tribals, Forest Dwellers;
Use of Forest Land - Mining, Eco-Tourism, Mega Projects
The Biological Diversity Act, 2002; Protection of Wildlife - The Wildlife (Protection)
Act, 1972; Sanctuaries and National Parks; Licensing of Zoos and Parks
45. Union of India v. Kamath Holiday Resorts, AIR 1996 SC 1040
46. Tarun Bharat Sangh v. Union of India, AIR 1992 SC 514 (Sariska Case)
47. T.N. Godavarman Thirumulkpad v. Union of India, AIR 1998 SC 769;
AIR 2005 SC 4256
48. Indian Handicrafts Emporium v. Union of India, AIR 2003 SC 3240
49. K.M. Chinnappa v. Union of India, AIR 2003 SC 724
50. Bimal N. Desai v. State of Karnataka, AIR 2003 SC 2246

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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:

Attempt five question including Question No. 1 which is compulsory.


All questions carry equal marks.

1. Attempt briefly any four of the following:


(i)
Explain the term environment and the causes for environmental degradation.
(ii) The Aarhus Convention 1998 promotes the procedural human right guarantees
necessary to ensure effective environmental protection.
(iii) Article 48A of the Constitution of India casts a duty on the state to protect and
improve the environment.

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(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.

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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:

Attempt five questions including Question No. 1 which is compulsory.


All questions carry equal marks.

1. Attempt briefly any four of the following:


(a) Composition of National Environmental Appellate Authority;
(b) Principle to determine compensation for immediate relief in environmental cases;
(c) Convention on Access to Information;
(d) Statutory principle of no fault liability;
(e) Concept of environment.
2. The underground water of a village turns yellow and becomes unfit for consumption on
account of storage of certain hazardous chemicals by companies producing chemicals like
oleum and acid.
Discuss the principles of law that would apply against the polluters to restore the
quality of water and also protect the villagers affected by the above activity?
3. Discuss the decisions of the Supreme Court on the following issues:
(a) Closure of polluting industries in Delhi; (b) Ship-breaking activities in India.
4. Discuss the concept of sustainable development incorporated in multilateral documents
on environment and recognized by the Indian courts.
5. Describe the constitution and powers of the Central Pollution Control Board.
The Central Government passes an order superseding the Central Pollution Control
Board on the ground that it had persistently made default in the performance of its
functions. Is the supersession valid on this ground? Mention the grounds, if any, on the
basis of which the Board can challenge the order.

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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:

Attempt five questions including Question No. 1 which is compulsory.


All questions carry equal marks.

1. Attempt briefly any four of the following:


(i) Intra-generational Equity as basis of sustainable development.
(ii) Citizen Suit Provision.
(iii) What is deep pocket theory
(iv) What is Environmental Impact Assessment?
(v) How will you define environmental pollutant?
2. States shall ensure that activities within their jurisdiction and control do not result in
damage to the territory of other states or properties of persons therein.
Discuss with reference to developments in international environmental law spelling
out the principles relating to transboundary air pollution.
3. (a) It is better to err on the side of caution and prevent environmental degradation which
may indeed become irreversible.
Discuss with reference to precautionary principle and decided cases, if any.
(b) What is scope of pubic trust doctrine?
4. The petitioner filed a writ petition by way of public interest litigation to prevent
respondents, a Governmental undertaking, from discharging their industrial effluent into
the river. It was alleged that such discharge of effluent into river has made the river what
unfit for drinking and irrigation purposes. The respondents have shown that irriegation
purposes. The respondents have shown that the petitioner was himself interested in
collecting the industrial effluent and the refusal by the respondents has led to the filing of
the petition. Discuss whether the petitioner is entitled to any relief. Cite the decided cases,
if any.
5. Can the court direct the polluter to install the treatment plant while passing an order in
proceedings under Section 33 of the Water (Prevention and Control of Pollution) Act,
1974? Discuss with reference to the facts and decision of Delhi High Court in Delhi

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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:

Attempt five questions including Question No. 1 which is compulsory.


All questions carry equal marks.

1. Attempt briefly any four of the following:


(i) Meaning of Environmental Pollution
(ii) Environmental Impact Assessment Notification 2006.
(iii) Non-Forest use of forest land
(iv) Constitution of Central Pollution Control Board
(v) Intger-generational and Intra-generational Equity
2. The history of international environmental lialgue is a history of attempts to bridge
contradictory ideological premises and divergent realities to further a common
environmental agenda. Elucidate the above in the light of international environmental
dialogue from Stockholm toJohannesburg.
3. Enormous quantities of highly toxic trade effluents emitted by Industry X, has caused
grave damage to village Z, which has become the vicinity of chemical industrial plants in
India. It poisoned water, earth and everything that came in contract with it and caused
death and disease in the whole village. It lead to collective revolt by the villagers leading
to the imposition of Sec. 144 Cr. P.C. by the District Magistrate. As per the order of the
Magistrate, the chemical industries have been closed. However the consequence of this
action, viz the enormous damage done to the water, earth, cattles, and the plants
remained to be addressed.
What judicial remedies are available to the villagers? Discuss the principles of
environmental law to be applicable in this situation. Base your answers on the decided
cases.
4. A PIL was filed by an NGO, in the High Court, highlighting the mining activities which
have denuded the Mussoorie Hills of trees and forest cover and accelerated soil erosion

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.

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LL.B. V Term

Environmental Law

Cases Selected and Edited by


Gurdip Singh
Usha Tandon
Manju Arora Relan
Shabnam
L. Pushpa Kumar

FACULTY OF LAW
UNIVERSITY OF DELHI, DELHI-110 007
July, 2011