PLAGIARISM SCAN REPORT

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Environmental law is an instrument to protect and improve the environment and to control and prevent any act or omission poll ution or
environment. In view of the enormous challenges thrown by the industrial revolution, the legislatures throughout the world are busy in th
enacted laws long back and they are busy in remodelling the environmental law. The other have moved their law -making machineries in
the under developed states who have yet to come on this wave length. India was one of those few countries which paid attention right fr
down to the present age and till date; the tailoring of the existing law to suit the changing condition is going on. The problem of law maki
difficult task in this area. There are a variety of colours of this problem. For example, the industrial revolution and the evolution of certain
values of humanity, the rural and urban areas, development in agricultural technology, waste barren or industrial belts, developed, devel
developed parts of the land, the rich and the poor Indians; the population explosion and the industrial implosion, the peoples increasing
decreasing state exchequer; the promise in the political manifestos and the state’s development action. In this whole gamut o f problems
came out with the data that we have in India nearly five hundred environmental laws’ and the Committee pointed out that systematic stu
undertaken to evaluate those legislative developments. Some legal controls and techniques have been adopted by the legislature in the
Environmental Law. Different legislative controls right from the ancient time, down to the modem period make interesting reading. Atten
identify the areas of great concern to the Legislature; the technique adopted to solve these problems; the pollutants which require contin
role of Legislature and people’s participation outside. These are some of the many areas which attract the attention in the study of histor
Environmental Law. Constitution of India is the supreme law of the land and all three organs of government i.e. Executive, Legislature an
powers from Constitution itself. The judiciary, with Supreme Court at apex, has been given the role of final interpreter and protector of th
provisions regarding environmental protection have been given in the Constitution in the form of Fundamental Duties and Direc tive princ
the duty of courts in India to devise new ways and principles to protect the environment and help common citizens ach ieve their fundam
life. Supreme Court has devised some important principles to protect environment in India. The right to live in a healthy environment as
Constitution was also recognized in the case of Rural Litigation and Entitlement Kendra vs. State of U.P., AIR 1988 SC 2187 (Popularly kn
Quarrying Case). It involved issues relating to environment and ecological balance. The R.L. & E. Kendra and others in a lett er to the Sup
complained about the illegal / unauthorized mining in the Missouri, Dehradun belt. As a result, the ecology of the surrounding area was
it led to the environmental disorder. The Supreme Court treated the letter as writ petition under Art. 32 of the Constitution and directed t
(illegal mining) under the Environment (Protection) Act, 1986. The respondents contended / argued that the write petition was registered
Environment (Protection) Act was passed in 1986 and hence the criminal proceedings cannot be initiated with retrospective effect. The c
contention of the respondents and held that the provisions of procedural law shall apply to ordinary crimi nal cases and not to the environ
court directed the Central and State Governments to take necessary steps to prevent illegal mining and to re-afforestation in the area of
vs. Union of India, AIR 1987 SC 1086 (Popularly known as “Oleum Gas Leak Case”) – The Supreme Court treated the right to live in polluti
as a part of fundamental right to life under Art. 21 of the Constitution. Further the A.P. High Court in T. Damodar Rao vs. S .O., Municipal
Hyderabad, (AIR 1987 A.P. 171) laid down that right to live in healthy environment was specially declared to be part of Art. 21 to the Con
of right to healthy environment as a part of right to life under Art 21 of our Constitution is developing through judgements. Further the ri
often associated with human right, mostly right to live. Right to life is guaranteed as a fundamental right under article 21. In order to live
utmost importance that our environment and surroundings be pollution free and clean. The flora fauna also impact the lives of individual
utmost importance for survival. Therefore there is emergence of the concept of right to environment as a fundamental right as can be se
judgements mentioned above.

Sources

Environmental Laws - Legal Mechanism in relation to Environment...Compare text

o 'Environmental Law is an instrument to protect and improve the environment and to control or prevent any act or omission polluting or likely to pollute the
environment. o An environmental legal system is essentially a set of laws and administrative rules which regulate the relatio nships and...
https://unacademy.com/lesson/environmental-laws-legal-mechanism-in-relation-to-environment-protection/AVGFSO5H

Environment Protection under Constitutional Framework of IndiaCompare text

Healthy environment is also one of the elements of welfare state.The right to live in a healthy environment as part of Article 21 of the Constitution was first
recognized in the case of Rural Litigation and Entitlement Kendra vs. State, AIR 1988 SC 2187 (Popularly known as Dehradun...
http://pib.nic.in/newsite/PrintRelease.aspx?relid=105411

Laws available for the protection of EnvironmentCompare text

as a result, the ecology of the surrounding area was adversely affected and it led to the environmental disorder. the supreme court treated the letter as writ petition
under art. 32 of the constitution and directed to stop the excavation (illegal mining) under the environment (protection)...
http://www.lawyersclubindia.com/articles/Laws-available-for-the-protection-of-Environment-5416.asp
T he preceding century has witnessed anCompare text
the supreme court of india had directed the owners of the motel to hand over the forest land to thethe supreme court of india, in the case of vellore citizens’ welfare
forum v. union ofconstituted under the inter-state water disputes act, 1956. based on the agreement between the chief ministers...
https://www.scmsnoida.ac.in/assets/pdf/journal/vol1Issue1/An%20Overview%20of%20Environmental%20Jurisprudence%20in%20India.pdf

211117143-Environmental-law.docx | Environmental Law | SustainabilityCompare text

171) laid down that right to live in healthy environment was specially declared to be part of art.air 1987 sc 1086 (popularly known as “oleum gas leak case”) – the
supreme court treated the right to live in pollution free environment as a part of fundamental right to life under art.o. 2. 1...
https://www.scribd.com/document/363749109/211117143-Environmental-law-docx

An analysis of environmental jurisprudence in indiaCompare text

further the right to environment is often associated with human right, mostly right to live. right to life is guaranteed as a fundamental right under article 21. in order
to live a healthy life it is of utmost importance that our environment and surroundings be pollution free and clean.
http://lsyndicate.com/wp-content/uploads/2018/04/An-Analysis-of-Environmental-Jurisprudence-in-India-Madhumitha-Kesavan-8.pdf