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253 of the Constitution of India. The Water (Prevention and Control of Pollution)
Act, 1974 was promulgated as a Central Legislation under Article 252 of the
Constitution. Since, the "water" is listed under the State list, a Resolution from
two or more State Assemblies empowering the Parliament to enact the
Legislation on the State List was required. The Water (Prevention and Control of
Pollution) Act, 1974 became effective at the State level when it was adopted by
the concerned State Assemblies. The Air (Prevention and Control of Pollution)
Act, 1981 and the Environment (Protection) Act, 1986 were promulgated under
Article 253 of the Constitution of India, which empowered the Parliament to enact
legislations on such matters as necessary for compliance of International
Agreements in which India has been a party.
The Supreme Court of India in numerous matters elaborated the scope of Article
21 of the constitution of India, which deals with protection of life and personal
liberty - No person shall be deprived of his life or personal liberty except
according to procedure established by Law. In the matter of Rural Litigation and
Entitlement Kendra Vs State of U.P. - the Hon’ble Supreme court held that the
right to unpolluted environment and preservation and protection of nature’s gifts
has also been conceded under Article 21 of the Constitution of India. The
Constitutional provisions provide the bed-rock for the framing of environmental
legislations in the country. Article 48-A of the Constitution deals with the
Protection and Improvement of Environment and Safeguarding of Forests
and Wildlife – The State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country. On the basis
of the said provisions, the Environment (Protection) Act, 1986 and the Wild Life
(Protection) Act, 1972 (as amended in 1986) have been enacted by the
Parliament. Under Part IV-A of the Directive Principles of State Policy,
Fundamental Duties have been added under Article 51-A by the 42nd Amendment
of the Constitution in 1976. Under Article 51-A(g) provides the Fundamental
Duties with respect to the environment which includes - To protect and
improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures.
Constitution of India
Constitution of India
— Arts. 21, 48-A, 51-A(g) — Forests — Conservation of — Diversion of forest land to non-
forest use — Levying of appropriate NPV of such diverted forest land as the price of such
forest use, on user agencies — Updation of NPV amounts — Periodicity — Held,
whatever be the NPV to be charged as determined by expert committee set up in terms of
this judgment, the amounts shall have to be updated every three years, (2006) 1 SCC 1-B
Constitution of India
— Arts. 21, 48-A, 51-A(g) — Forests — Conservation of — Diversion of forest land to non-
forest use — Levying of appropriate NPV of such diverted forest land as the price of such
forest use, on user agencies — Payments of NPV pending final determination by expert
committee set up in terms of this judgment — Need for user agencies to make — Held,
besides NPV as being presently calculated by MoEF, user agencies shall give
undertakings to pay remaining/further amounts as determined by said expert committee,
(2006) 1 SCC 1-C
Constitution of India
Constitution of India
— Arts. 21, 48-A, 51-A(g) — Right to enjoyment of healthy life under — Violation of, from
threats to the ecology — Conservation of natural resources — Obligations of all
concerned, including Union and State Governments — Duty of Supreme Court — Held,
Constitution enjoins upon Supreme Court a duty to protect the environment, (2006) 1 SCC
1-E
Constitution of India
— Arts. 21, 48-A, 51-A(g) — Forests — Conservation of — Diversion of forest land to non-
forest use — Levying of appropriate NPV of such diverted forest land as the price of such
forest use, on user agencies — Projects/user agencies to be exempted from payment of
NPV — Held, though issue is to be finally decided by expert committee set up in terms of
this judgment, prima facie, revenue charging projects, even though they be public utilities,
would not be exempt, while non-revenue earning projects could be exempted, (2006) 1
SCC 1-F
Forests
Forests
Forests
— Sums tendered as NPV for diverted forest land — Appropriation and use of —
Appropriation whether to CAMPA Fund set up in terms of MoEF notification dt. 23-4-2004
or State Governments — Purposes for which funds to be used — Held, payment to
CAMPA fund is constitutional and valid — Natural resources/ecology not being in
ownership of any State or individual, public at large is beneficiary and they belong to all —
Hence amounts of NPV cannot be made over to State Governments — In any case,
proprietary rights of States over the land, timber or minerals are not affected — Effect of
change in scheme of forest management from Forest Act, 1927 to Forest (Conservation)
Act, 1980 and removal of forest and wildlife from State List in Sch. VII of Constitution in
this regard, discussed — CAMPA or CAMPA Fund set up to protect ecology and provide
for regeneration of forests cannot in constitutional scheme be considered as a fund under
Arts. 266, 283 or 284 — Hence neither Arts. 110, 199, 195 nor 294 will have any
application — Furthermore, imposition of NPV is a charge or a fee within Sch. VII List III
Entries 47 and 20 — Lastly, 12th Finance Commission has recommended a grant of Rs
1000 crores, spread over 2005-2010 for maintenance of forests, to the States over and
above what they have been spending through their forest departments, (2006) 1 SCC 1-I
Environment Protection and Pollution Control
Forests
— Sums tendered as NPV for diverted forest land to CAMPA fund — Territorial usage of
— Held, cl. 6.4(v) of CAMPA notification dated 23-4-2004 to be amended within one
month of this order so as to provide that ordinarily expenditure shall be incurred in State or
UT from which such sums are received, but leaving it to discretion of CAMPA to also incur
expenditure in adjoining State or UT where impact of diversion of forest in question is also
felt, (2006) 1 SCC 1-J
Forests
Forests