From the SelectedWorks of Krishna Kumari

Areti prof

July 2007

Evolution of Environment Legislation in India

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 EVOLUTION OF ENVIRONMENTAL LEGISLATION IN INDIA
Dr. Areti Krishna Kumari?

Introduction:

Man is both creature and moulder of his environment, which gives him physical sustenance and
affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and
tortuous evolution of the human race on this planet a stage has been reached when, through the
rapid acceleration of science and technology, man has acquired the power to transform his
environment in countless ways and on an unprecedented scale. Both aspects of man's
environment, the natural and the man-made, are essential to his well-being and to the enjoyment of
basic human rights the right to life itself. 1

Man is the best creativity of the God. In turn he sums up his experiences and others also and go on
discovering, inventing, creating and advancing. Man has the ability of transforming his
surroundings. While doing so he can develop and enhance the quality of life for his fellow human
beings. But, when heedlessly applied the same creativity can cause harm to the environment.
Thus, since the beginning of the earth he benefited the earth and with same zeal caused harm
also. One can observe this destruction in every field. He polluted the water; he polluted the air,
caused harm to the living beings on earth, land and in the sky. Because of his actions the
ecological balance is disturbed. The actions of man caused harm to the physical, social and mental
health of his fellow human beings. Natural resources are drained. Ozone layer is depleted.

But, this is not the same to the developing and developed countries. In the developed countries
environmental problems are more due to the establishment of industries and the changed life style
of the people while as in the developing countries poverty is the major contributor of environmental
pollution and degradation. People live in subsistence economy. They live far below the minimum
levels required for decent and dignified human existence. They do not have enough food to eat,
pure water to drink, clothing to wear and lack shelter, education and sanitation. While improving
the human environment the developing countries should prioritize their needs while improving the

?
Dr. A. Krishna Kumari, Ph.D (Law): Consulting Editor: ICFAI University, Hyderabad, A.P. India
1
UN Conference on Human Environment held in 1972 at Stockholm

1
environment. From the side of the developed countries they should try to reduce the gap between
themselves and the developing countries. In the industrialized countries, environmental problems
are generally related to industrialization and technological development.

The main problem for all the evils is the population blast. Though the population rate all over the
world got reduced- the population still continues to grow. While taking measures for the
preservation of the environment while framing the policies in this direction this fact should be borne
in mind. This does not mean we ignore people. Of all things in the world, people are the most
precious. But, they are the reason behind environmental degradation. Along with the population,
natural resources should increase. There should be a good balance between the population growth
and environmental protection.

Man must plant his actions in such a way that they do not cause degradation of environment.
Proper and prudent care should be taken to protect the environment and abate the environmental
pollution. All these centuries the actions of man caused massive and irreversible damage to the
environment. Man cannot afford to cause harm to the earth or to its biodiversity as he has to live
here on earth. He cannot afford to dig his own grave. With an understanding between the
developed and developing countries, with advanced technical knowledge man can achieve for
himself and to the posterity better environment.

What is needed is an enthusiastic but calm state of mind and intense but orderly work. For the
purpose of attaining freedom in the world of nature, man must use knowledge to build, in
collaboration with nature, a better environment. To defend and improve the human environment for
present and future generations has become an imperative goal for mankind-a goal to be pursued
together with, and in harmony with, the established and fundamental goals of peace and of
worldwide economic and social development. 2

2
http://www.unep.org/Documents.Multilingual/default.asp?documentid=97&l=en

2
The Beginning:
Role of Economic and Social Council:
It was with the initiative of Economic and Social Council UN conducted the conference on Human
Environment. The way the environment was getting degraded it needed immediate attention from
all most all the countries.
UN Conference on Human Environment:
The historical conference on Human Environment was held in Stockholm from 5th June to 16th June
1972. It was the first global recognition that the environment was endangered and the governments
and the industry had to collectively put in an effort to protect the environment. The Conference
called upon Governments and peoples to exert common efforts for the preservation and
improvement of the human environment, for the benefit of all the people and for their posterity. For
the first time the developed countries realized that they had completely ignored the impact on the
environment during their rapid development. Then UNEP (United Nation Environment Programme)
is formed. All most all the countries of the world have undertaken to monitor the quality of air, water
and other natural resources of the world3. The United Nations General Assembly laid down as
many as 26 principles in the Conference held at Stockholm in 19724.

Evolution of Environmental Legislation in India:

For any country the effective way of control pollution and degradation of resources is to combine
traditional laws, with modern legislation. A country should adopt relevant environmental
safeguards- designed to protect their limited resources. As far as India is concerned, the Ministry
of Environment and Forests is the nodal agency at the Central level for planning, promoting and
coordinating the environmental programmes, apart from policy formulation. A number of
enforcement agencies assist the Ministry of Environment and Forests, in executing the assigned
responsibilities.

It is known fact that in the economic development of any country industries play a pivotal role. It is
also an equally known fact that the industries are the major contributors to the pollution of
environment. In Indian the Central Pollution Control Board monitors the industrial pollution

3
www.unep.org
4
See the annexure

3
prevention and control at the central level, which is a statutory authority attached to the Ministry of
Environment and Forests. At the State level, the State Departments of Environment and State
Pollution Control Boards are the designated agencies to perform these functions.5

Though, the Wild Life (Protection Act), 1972 came into existence in the month of September,
after the UN General Assembly Conference on Human Environment in June 1972, it is not in
compliance with the principles laid down at the conference. This Act was amended in 1991 and in
1996. The Rules came into being in 1995. Under this Act every State has to constitute a Wild Life
Advisory Board. Certain areas are to be declared as sanctuaries and National Parks. This is Act is
basically for the protection of animals, plants and birds which live in forests. Hunting of the wild
animals is permitted only when such animals become dangerous to the human beings or it
becomes diseased beyond recovery. This is to be done with the permission of wild life warden in
writing. The same Act prohibits picking and uprooting of specified plants and cultivation of some
other specified plants.

One of the first legislations, after the UN Conference on Human Environment that came into
existence was Water (Prevention and Control of Pollution) Act, 1974 (No. 6 OF 1974). The
objective of the Act was to provide for the prevention and control of water pollution and the
maintaining or restoring of wholesomeness of water and establishing Boards for the Prevention
and Control of Water Pollution for carrying out these purposes and conferring on and assigning to
such Boards powers and functions relating thereto and for matters connected therewith. This Act
was followed by the Water (Prevention and Control of Pollution) Cess Act, 1977 (No. 36 of
1977). The objective of this Act was to levy and collect cess on water, which was consumed by
persons carrying on certain industries and by local authorities with a view to augment the
resources of the Central Board and the State Boards for the prevention and control of water
pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974. This was
further amended in 2003 to expand the scope of industry to any operation process or treatment
and disposal system, which consumes water or gives rise to sewage effluent or trade effluent and
extending the provisions of the Act to all the industries. It was applied to specified industries earlier.
The amendment in the legislation clearly explains the increase in the levels of water pollution and
usage of water. Accordingly, the Water (Prevention and Control of Pollution) Cess Rules, 1978
5
http://greenbusinesscentre.com/environlegis.asp

4
and The Water (Prevention and Control of Pollution) Rules, 1975 and Central Board for the
Prevention and Control of Water Pollution (Procedure for Transaction of Business) Rules, 1975
amended 1976 came into existence.

Followed suit was the Air (Prevention and Control of Pollution) Act, 1981 (No. 14 of 1981). The
objective of the Act was to provide prevention, control and abatement of air pollution. For carrying
out this function, the Act further provided the establishment of Boards and conferred powers
related to the objectives of the Act. This Act basically aimed at the industrial pollution and
automobile pollution. Without establishing separate Boards to carryout the functions envisaged in
the Act, the already established Boards under Water (Prevention & Control of Pollution) Act, 1974
are conferred with the powers specified in this Act. The Air (Prevention and Control of Pollution)
Rules and the Air (Prevention and Control of Pollution) (Union Territories) Rules came into
existence in, 1982 and 1983 respectively.

Contrary to the public opinion, the well-known Environment (Protection) Act (No. 29 of 1986)
came in to existence in 1986- after 14 years of Stockholm Conference on Human Environment. A
cursory analysis of its Preamble makes it obvious that the objectives of the enactment are three
fold. 1. Protection of the environment 2. Improvement of environment 3. Prevention of hazards to
a) human beings b) other living creatures, c) plants and d) property.6 This is an umbrella legislation,
which covers from Radio- Active Substances disposal to use of plastic bags. All the notifications,
rules and regulations dealing with the environmental protection are the subsidiaries of this Act.

It relates to the protection and improvement of environment and the prevention of hazards to
human beings, other living creatures, plants and property. This Act provided for coordination and
planning of the nationwide programmes for the prevention, control and abatement of environmental
pollution, laid down standards for the quality of environment, restricted certain areas to establish
industries, laid down procedures for the prevention of accidents in such industries and handling
hazardous substances. Above all the Act barred the jurisdiction of the Civil Courts in respect of the
actions done under the directions of the Central Government. This Act was further amended in
1991. The Environment (Protection) Rules, 1986 came into being for the first time in 1986
followed by First Amendment Rules, Second Amendment Rules, Third Amendment Rules and

6
Law relating to Environmental Pollution and Protection: Dr. N. Maheswara Swamy p. 107

5
Fourth Amendment Rules in 1998, 1999, 2001,2002,2003,2004 and 2006. Whenever, the rules
were amended it was not without a good reason, such as setting up standards for the industrial
area or laying down standards for pulp and paper industries, issuing guidelines for disposal of solid
wastes, drilling cutting and drilling fluids of shore and on shore for drilling operations, setting up
standards for boilers, using of agricultural waste as fuel and guidelines for the ginning mills etc. As
the human activity increased in scientific and technological fields the need to amend the rules
increased.

In 1989 Hazardous Waste (Management and Handling) Rules were framed, which provided the
list of hazardous chemicals.

The National Forest Policy, 1988 is an extension of 1952 policy. Large portion of the forest land
had been used for non-forest use. This affected the flora and fauna. This had necessitated re-
examining the forest policy – for the maintenance of environmental stability through preservation
and restoration of ecological balance, conservation of the remaining forest for the posterity,
meeting the basic needs of the rural and tribal people, maintaining the relation between forest and
tribes. In order to conserve the biological diversity, a network of sanctuaries, national parks,
biosphere reserves and other protected areas- necessary steps are to be taken.7

The Eco-mark Scheme of India: The environment is under threat from rapid industrialization,
unplanned urbanization and changing consumption patterns in the race to achieve better living
standards. The Eco-Labeling Scheme introduced in 1991 by Indian Government aims to increase
the environmental awareness amongst the citizens. With this scheme the Government aimed to
encourage citizens to purchase products, which are environmental friendly and intend to improve
the environment and encourage the sustainable management of resources.

Noise is a silent killer. The Noise Pollution (Regulation and Control) Rules, 2000

There is a difference between sound and noise. When the sound increases to an unbearable level
it becomes noise. The sources of noise are many. Industrial activities, construction activities,
generators, loud speakers, public address systems, music systems, vehicles and most of the
electronic gadgets which the man created for his comfort and luxury are the various sources of
7
Ibid at p. 959

6
noise. Noise not only spoils the physical health but also affects the mental and psychological
health. One should regulate and control noise production so as to maintain the limits. The draft of
Noise Pollution (Control and Regulation) Rules, 1999 was published under the notification of the
Government of India, inviting objection and suggestion from all the persons likely to be affected
thereby and they were received from the public in respect of the said draft rules have been duly
considered by the Central Government. And it resulted into “The Noise Pollution (Regulation and
Control) Rules, 2000”s. According to these rules the State Government shall categorize industrial,
commercial, and residential or silence zones and implement noise standards. Use of loudspeakers,
amplifiers, beats of drum and tom-tom are prohibited except with the permission of the authorities.

The Bio-Medical Waste (Handling and Disposal) Rules, 1998

The services in the medical field are developed ten bound. Naturally the waste as a bye product to
medical industries is also increased by ten bounds. Nursing homes, veterinary hospitals, pathology
laboratories and blood banks generate biomedical waste. With a view to control the indiscriminate
disposal of hospital waste/bio medical waste, the Ministry of Environment & Forest, Govt. of India
has issued a notification on Bio Medical Waste Management under the Environment (Protection)
Act. These rules deal with collection, reception, storage, treatment and disposal of the bio medical
waste. Of course, those hospitals, clinics, blood banks which provide treatment to less than 1000
patients are exempted from these rules. The occupiers of the above mentioned industries have to
install facilities in their respective premises to dispose of the waste created by them. The waste is
to be segregated at the point of generation itself into containers and bags to facilitate the disposal.

The MAB and Coastal Regulation Zone:

The Man and Biosphere (MAB) Programme of UNESCO was launched in 1971. The aim of the
programmes is to develop a base for rational use or conservation of natural resources while
improving the relationship between the man and environment. The objective is very noble. This
programme predicts the consequence of the interventions from which we can asses the future
affects of the interventions which in turn will help man to manage his natural resources in a
judicious way. It also aims to fill the still significant gaps in the understanding of the structure and
function of ecosystems and of the impact of different types of human intervention.

7
Man and Biosphere programmes are supervised by the International Coordinating Council. In the
year 1971 it organized the first session. The theme was 'conservation of natural areas and genetic
material they contain'. The concept of the Biosphere Reserve is introduced under this scheme,
which was intended to be a series of protected areas linked through a coordinated international
network, which would demonstrate the value of conservation and its relationship with development.
The concept which is very innovative in nature made it possible to combine nature conservation
with scientific research, environmental monitoring, training, demonstrations, environmental
education and local participation.

In the year 1976 the programme is initiated. Steadily, the network has grown. By 1984 it consisted
of total of 269 in 74 countries. In this period, cooperation with other international organizations
involved with conservation and sustainable development has been strengthened; particularly
involved are the Food and Agriculture Organization (FAO), the United Nations Environment
Programme (UNEP) and the International Union for Conservation of Nature and Natural Resource
(IUCN). The representatives play a role by meeting regularly to monitor and coordinate the actions.

Each Biosphere reserve should consist of the following:

Nature or Core Zone: The name itself indicates the nature of the zone. In this zone the interference
of the human beings should be very minimal. When research, educational and training
programmes are conducted they should be less manipulative.

Manipulative or Buffer Zone: Here the manipulations should be allowed but in controlled way.
Research may be conducted. Other activities such as timber extraction, hunting, fishing and
grazing carried in controlled manner.

Reclamation of Restoration Zone: This zone is meant for re-creation by man. There are certain
places where the ecology was good the biological process were carried out in a natural way. But
the human intervention spoiled the scenario. The rare species might have extinct. This zone needs
restoration and reclamation to its natural stage.

Stable Cultural Zone: Man tends to interfere with the nature carry out the activities which cause
harm to the ecology. Here, the culture should be safeguarded. The practices which are

8
environmental friendly should be executed. To achieve the purpose the cooperation of the local
communities is very much needed. Local residents and their activities should be strictly controlled.

In India the coast line is very lengthy which runs to 7860 km. The coastal line consists of Malvan
(Maharashtra), Okha (Gujarat), Mandapam (Tamil Nadu), Gangetic Sundarbans (West Bengal) as
well as Lakshadweep and Andaman group of islands which are rich with regard to the marine flora
and fauna. When we are blessed with the natural resources, it is our duty to safeguard it and pass
it on to our posterity.

Status of Marine Biosphere Reserve in India:

In order to preserve and protect the unique and ecologically important plant and animal species,
attempts are being made to conserve some of the vulnerable areas along the Indian coast line as
Biosphere Reserve. The Indian National Man and Biosphere Reserve Committee constituted a
core committee in 1974 to identify areas for Biosphere Reserves. As per the guidelines the
committee identified fourteen sites as potential Biosphere Reserves out of which five are Marine
Biosphere Reserves. 8

The Government of India proposed that no permanent constructions should be undertaken within
500meters of the high-tide line in 1981. Till 1991 no action was taken. Then a notification was
issued in the form of Coastal Regulation Zone Notification, 1991.

Coastal environment helps human in maintaining good health, it provides wealth through its rich
flora and fauna. This made man greedy and demographic pressures on Coastal resources started
increasing. An integrated and ecologically and socially sustainable Coastal zone management
system is necessary because one fourth of India’s population lives in Coastal areas. Many large
cities and urban habitations are also near the seacoast.

To achieve this goal one must seek the power of partnership among all stakeholders. The Kolleru
lake experience shows that the economically and socially underprivileged sections of the coastal
communities and the ecological, scenic and cultural security of coastal areas should become

8
http://www.unesco.org/mab/mabProg.shtml

9
mutually reinforcing. We cannot afford to forego our coastal area because the reclamation and
restoration is very difficult. All these decades the Government did not tap the coastal line for
economic purposes. But they are productive habits and are very rich in biodiversity. India has a
coastline of about 7,500 kms of which the mainland accounts for 5,400 kms. Lakshadweep coasts
extend to 132 kms and Andaman & Nicobar Islands have a coastline of about 1,900 kms. Nearly
250 million people live within a distance of 50 kms from the coast. The coastal zone is also
endowed with a very wide range of coastal ecosystems like mangroves, coral reefs, sea grasses,
salt marshes, sand dunes, estuaries, lagoons, etc., which are characterized by distinct biotic and
abiotic processes.

The Notification which is issued in 1991 by the Government of India prohibits certain activities. For
example such as setting up of new industries and expansion of existing industries are prohibited.
Those industries which are directly related to water front or directly needing offshore facilities are
given exemption. But the notification prohibits manufacturing, handling, storage, and disposal of
hazardous substances. It also prohibits the discharge of untreated wastes and effluents from
industries, cities, towns and other human settlements. The notification also prohibits land
reclamation, bunding, disturbing the natural course of sea water. The coastal Regulation Zone
notification categorized the coastal zone into four. CRZ -I areas are those which are ecologically
sensitive and is notified as ‘no development zone’ (NDZ). CRZ -II comprises such notified
municipal areas which have already been developed. Construction on the landward side is
permitted. CRZ -III areas are relatively undisturbed and do not belong to CRZ -I and CRZ-II. The
200 meter zone from the HTL is the ‘no development zone’.9 Till date the Government issued as
many as 50 notifications regarding the coastal zone management, delegation of powers etc.

The Constitutional Provisions:

Article 14 of the Indian Constitution envisages that the State shall not deny to any person equality
before the law or the equal protection of the laws within the territory of India. This corroborates with
the Principle 1 of UN conference on Environment which observes that the man has the

9
Coastal Zone Regulation Notification, 2000

10
fundamental right to freedom, equality and adequate conditions of life, in an environment of a
quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect
and improve the environment for present and future generations. In this respect, policies promoting
or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression
and foreign domination stand condemned and must be eliminated. 10

48A. Protection and improvement of environment and safeguarding of forests and wild life.— The
State shall endeavour to protect and improve the environment and to safeguard the forests and
wild life of the country.

This amended article is in compliance with the principle 4 of the UN Conference, which stressed
upon the Principle 4 man’s special responsibility to safeguard and wisely manage the heritage of
wildlife and its habitat, which are now gravely imperiled by a combination of adverse factors.
Nature conservation, including wildlife, must therefore receive importance in planning for economic
development.11

Article 51 A (g): to protect and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures;

The Tribes of India believe that natural resources of the earth, including the air, water, land, flora
and fauna and natural ecosystems are the debt, which is to be paid to the posterity. Hence they
must be safeguarded for the benefit of present and future generations through careful planning or
management.

Public Interest Litigation and Environment:

The enactments are plenty and the rules associated with the Act are umpteen. There have been
initiatives from the legislature and the executive but it is the Indian judiciary which has taken a lead
in terms of the actual immediate effects in the matters of the environment. Failure of the
governmental agencies to implement the laws made, prompted the NGO and Public to approach
the Courts as a last resort.

10
UN Conference on Human Environment held at Stockholm between5th -16th June, 1972.
11
Ibid

11
Though the credit for the evolution of environmental jurisprudence in India goes to the Supreme
Court, which cannot be denied by any chance, it was the 1997 Magsaysay Award Winner for Public
Service, MC Mehta- who used PIL to protect the environment in India very wisely. Others also had
a share in this practice.

a) Andhra Pradesh Polluting Industries Case: Nakka Vagu was a fresh water stream
which provided fresh water for drinking and irrigation to the villagers living in 14 villages
adjacent to it. But the indiscriminately set up 250 industries which did not fulfill the
condition of setting up water treatment plants turned the stream into a huge drain carrying
industrial effluents. The Supreme Court directed that an amount of 20 million should be
paid to the farmers who had lost their crops and cattle due to air and water pollution. The
authorities are directed monitor setting up of set up pollution control devices by the
polluting industries.12
b) Antop Hill case: At Antop Hill, in the heart of Mumbai (them Bombay) a large-scale
chemicals storage center for hazardous chemicals was proposed to be set up. Nearly 1.5
million people living around the area will be staking their safety by this proposal. A Public
Interest Litigation was filed in the Supreme Court of India against this. The Apex Court
reacted positively and directed for the stoppage of the industries and storing of such
chemical in that particular area. 13
c) Aquaculture case: As already mentioned above the coastal belt of India (especially the
coastal states of Orissa, Andhra Pradesh and Tamil Nadu) is very lengthy and rich in flora
and fauna. Prawn farming by small farmers was done on a small scale in the past. But
once it has been commercialized by the big industrial houses and multinationals the
degradation started in every aspect. The methods implemented by them were
unscrupulous, unplanned and unscientific. These practices destroyed the livelihood of the
small farmers. Thousands of hectares of fertile lands affected. Salinity in the ground water
had increased which resulted in the scarcity of drinking water. The neighbouring lands are
affected and have become totally useless for crops.

12
(1996) 6 SCC 26
13
W.P. 12179/1985

12
 In this backdrop S. Jagannath a social worker and Gandhian filed a writ petition in the
Supreme Court praying for the protection of coastal ecology and lives and livelihood of
thousands of small farmers and fishermen. The Supreme Court of India reacted positively
and held that intensive prawn culture within 500 mtrs of High Tide Line and within 1000
mtrs of Chilka Lake and Pulicat Lake should be banned. An Authority under the
Chairmanship of a retired Supreme Court Judge was ordered to be constituted by the
Central Govt. under Environment Protection Act 1986 to implement the principles of
'Precautionary Principle' and the 'Polluter Pays Principle' to assess the loss to ecology and
recover the cost of eco-restoration and amount of compensation from the polluters. 14
d) Brick Kiln Case: New Delhi Metropolitan authority drafter a Master Plan in the year 1990.
According to that plant Brick Kilns were categorized as H. The Supreme Court of India
directed them to close down their industries or alternatives they can be shifted outside
Delhi limits within three years of the master plan coming into effect. Applications were filed
by the brick kiln owners of Delhi for modification of the order in which the applicants had
been directed to surrender the land without being paid any compensation. Their contention
is that In the Master Plan of 1990, brick kilns were not shown as a category H industry. But
the Delhi pollution Control Committee in their report submitted to the Supreme Court on
1996 appraised the fact that 246 brick kilns are operating in NCT of Delhi. While ordering
closure and shifting of these industries in Delhi the Supreme Court in their earlier judgment
had directed that the use of the land which would become available on account of
shifting/relocation of brick kilns shall be permitted in terms of the order of 10th May, 1996.
It was also stated that that brick kilns shall be given incentives and brick kiln should shift to
fly ash technology. The Court in their order held that with the closure of brick kilns or the
change in use to fly ash technology, the owners of the land in which they are situated
would not be under any obligation to surrender the land. To that extent the order of
26/11/96 got modified. The Court also made it clear that this order will not apply to those
brick kilns owners who have availed this Court order dated 26/11/96 and have benefited in
the same in the matter of relocation.15

14
AIR 1988 SC 1037
15
(2000 6 SCALE 315]

13
 e) Coastal areas case: As already been discussed in this article the Coastal Zone
Regulation Notification had come into existence in the year1991. In spite of the notification
no coastal States had formulated coastal zone management plan. The result is haphazard
constructions and industrial activities are permitted in these areas. It lead to the large scale
damage to coastal ecology and loss of livelihood to lakhs of fishermen and other
indigenous communities dependent on marine resources. Indian Council for Enviro- Legal
Action (ICELA) filed a Public Interest Litigation for the protection of coastal zone according
to the notification issued by the Government of India. Supreme Court delivered a landmark
Judgment banning industrial/ construction activity within 500 mtrs of the High Tide Line
and set a time limit for the coastal states to formulate coastal management plans. 16
f) Delhi ridge case: To save the Delhi ridge from destruction an order from the Supreme
Court was obtained directing NCT of Delhi to declare it as 'Reserved Forest'. 17
g) Delhi sewage treatment plant case: New Delhi, the capital of India does not have
enough number of sewage treatment plants. There is no scarcity for the slums and millings
of poor live along the banks of River Yamuna, which is high polluted. It is causing health
hazards. The Supreme Court gave a time bound programme to the Delhi Municipal
Corporation for setting up of treatment plant in 16 different localities in this case. 18
h) Environmental awareness and education case: The social workers, NGOs and the
public spirited lawyers in India are well aware of the facts that moving the Supreme Court
by way of Public Interest Litigation is not sufficient to abate the environmental pollution.
Prevention is better than cure. This can be achieved by educating the general public. Their
awareness can help in combating the problem on a major scale. The Supreme Court of
India directed that all over the country the cinema theaters shall exhibit two slides free of
cost on environment in each show failing which their licenses will be cancelled. For
televisions a minimum 5 to 7 minutes will be given by the television network in the country
to televise programmes on environment apart from giving a regular weekly programme on
environment. Environment has become a compulsory subject up to 12th standard from

16
AIR 1987 SC 965
17
(1996) 8 SCC 462
18
WP No 13381/1984

14
 academic session 1992 and University Grants Commission will also introduce this subject
in higher classes in different Universities.19
i) Gamma Chamber Case: Against the hazardous radiation a PIL was filed in the Apex
Court. The Court’s timely intervention saved the students and teachers of Jawaharlal
Nehru University (JNU) from the radiation of Gamma Chamber, New Delhi..20
j) Ganges Pollution Case: Hindu mythology and puranas speak very high about the sanctity
and purity of River Ganga. In practice is the most polluting river. The river which passes
through various states of India has thousands of polluting industries on its bank. The
Supreme Court of India reacting to the public interest litigations has passed several
judgments and a number of Orders against polluting industries numbering more than fifty
thousand in the Ganga basin. In this case, apart from industries, more than 250 towns and
cities have been ordered to put sewage treatment plants. Six hundred tanneries operating
in highly congested residential area of Kolkata have been shifted out of the City and
relocated in a planned Leather Complex in the State of West Bengal. A large number of
industries were closed down by the order of the Supreme Court of India with a rider that
they can reopen their industries only after they set up effluent treatment plants for control
of pollution. As a result of these directions millions of people have been saved from the
effects of air and water pollution in Ganga basin covering 8 states in India. 21
k) Ground Water Depletion Case: Scholars all over the world reiterate the fact t it is not the
water scarcity which is troubling the human beings. It is the lack of water management
which is the root cause of the water problem. Unsystematic and unscientific tapping of
groundwater all over the country had led to alarming fall in the levels of groundwater.
Ground Water Board prepared a date which showed a near crisis situation developing in
many areas of the country. Adding fuel to the fire the industries started discharging the
toxic effluents without treating them. This further worsened the situation by contaminating
the ground water which was already facing the decline in ground water levels. Either the
Central Pollution Control Board or the State Pollution Control Boards were not in a position
to either assess the extent of ground water contamination or identify the sources of
contamination. The ground water board had no teeth or legal authority to take action

19
W.P. 860/1991: Decided on 22nd November 1991
20
W.P. 4677/1985
21
AIR 1987 SC 1086

15
 against offending parties. Once again the Supreme Court of India reacting positively
delivered a land mark judgment in this particular case. The judgment provided teeth to the
Ground Water Board by investing with legal powers under the Environment Protection Act
1986 to issue licenses and take action against polluters even to the extent of closing down
of offending industries. 22
l) Kamal Nath’s Case: The irony of this case is that a Public Interest Litigation was filed
against the family members of Kamal Nath, the Minister of Environment and Forests, Govt.
of India. The family members of the Minister own the Span motel in the State of Himachal
Pradesh. They diverted the Course of River Beas to beautify the motel. Other than this
they have encroached upon some forest land. The Supreme Court of India had directed
the owners of the Motel to hand over the forest land to the Govt. of Himachal Pradesh and
further order the removal of all sorts of encroachment spending the money from their own
pocket. In this particular case the polluter pays principle was evolved.
The Court said that polluter must pay to reverse the damage caused by his act and
imposed a fine of Rs Ten Lakhs (Rs 10,00,000) on the Span motel as exemplary
damages. The Supreme Court of India recognized two most important environmental
principles viz.,Polluter Pays Principle and Public Trust Doctrine. 23
m) Relocation Polluting Industries: In spite of the Master Plan of the Metropolitan
Authorities in New Delhi, thousands of industries have flourished. All most all the industries
are hazardous and polluting in nature and caused severe health hazards to the general
public of the city. In spite of the ban, these industries continued to operate in Delhi in
violation of the Master Plan and Environmental laws. Public Interest Litigation was filed
against all these industries. In the year 1996 the apex Court directed all the industries to
be closed and in turn they can relocate themselves in the neighbouring Gurgaon. More
than 1300 major polluting and hazardous industries were closed down in Delhi.24
n) Taj Trapezium Case: In and around Agra, several industries were set up. The Mathura
Reinery, iron foundries, glass and other chemical industries are first and foremost amongst
them. Taj Mahal is known for its beauty and magnanimity all over the world. The
Government of India and State Government of Uttar Pradesh earn crores of rupees each

22
W.P. 1996 decided on 17th September 2002
23
W.P. 182/1996 Decided on 15th March 2002
24
W.P. 4677/1985

16
 year though tourists from all over the world. This heritage construction was also the victim
of environmental pollution because of the toxic emissions released from the above
mentioned industries. Along with Taj Mahal another 255 historic monuments within the Taj
trapezium were also facing serious threat because of acid rain. The Petition was filed in
the year 1984. The Supreme Court of India delivered a historic Judgment in December
1996. The apex Court gave various directions including banning the use of coal and coke
and directing the industries to switch over to Compressed Natural Gas (CNG). 25
o) Vehicular Pollution Case: Banks are luring youngsters with less interest loans for the
vehicles. Indian roads are not meant for so many numbers of vehicles. A Committee
headed by a Supreme Court judge, along with three more members recommended various
measures for the nationwide control of vehicular pollution. Thus alternatives for petrol
came into existence. Especially in Delhi natural gas and other fuels have been in use after
the Committee’s Report. After 1995 in all most all the metros lead petrol use had come into
existence. To supply Compressed Natural Gag CNG outlets are established. As a capital
of this vast country Delhi had to set up an example and as a result of this case, Delhi
became the first city in the world whose public transport runs only by Compressed Natural
Gas.26

The list of cases mentioned in this paper is only illustrative of the judicial activism in the field of
environmental jurisprudence by the Supreme Court of India. This is not an exhaustive list.

As far as MC Mehta is concerned every Friday a courtroom has been set aside just to adjudicate
Mehta's cases. In He had been working to ban intensive shrimp farming and other damaging
activities along the coastal line. Mehta has succeeded in getting new environmental policies
initiated and has brought environmental protection into India's constitutional framework. He has
almost single-handedly obtained about 40 landmark judgments and numerous orders from the
Supreme Court against polluters, a record that may be unequaled by any other environmental
lawyer in the world.27

25
AIR 1997 SC 734
26 W.P. 13029/1985: Decided on 14th November, 1990

27 www.goldmanprize.org

17
Not only had those cases contended by Mr. Mehta, Supreme Court decided several other cases
such as Center for Social Justice [Janvikas] V. Union Of India28 , R.A. Goel v. Union of India and
Others29 , Narmada Bachao Andolan v. Union of India & Others 30, All India Mobile Zoo Owners
and Animal Welfare Association v. Union of India 31, Comdr. Sureshwar D.Sinha and Ors v. Union
of India 32, C. Kenchappa and Ors v. State of Karnataka 33t, M/s Chandmari Tea Co. and another v.
State of Assam 34, D.K. Joshi v. Chief Secretary, State of UP 35, Suo Motu v. Vatva Industries
Association Ahmedabad 36 and there are umpteen number of cases the Apex had decided and has
been deciding in the interest of the public. In India, the credit of evolution of environmental justice
goes to the Supreme Court of India and the public-spirited lawyers.

28Spl. C. A, GJLR Vol. XLI (3) 2000, 1997 [

29 AIUR 200 P&H 320
30 (2000) Law Reports of India SC 319
31
AIR 2000 Delhi 449
32
(2000) 6 SCALE 146
33
AIR 2000 SC 2579
34
AIR 2000 Gauhati 13
35
AIR 2000 SC 324
36
AIR SC 384

18
 ANNEXURE

Given below is the list of principles laid down by United Nations Conference on Human
Environment.

Principle 1

Man has the fundamental right to freedom, equality and adequate conditions of life, in an
environment of a quality that permits a life of dignity and well-being, and he bears a solemn
responsibility to protect and improve the environment for present and future generations. In this
respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial
and other forms of oppression and foreign domination stand condemned and must be eliminated.

Principle 2

The natural resources of the earth, including the air, water, land, flora and fauna and especially
representative samples of natural ecosystems, must be safeguarded for the benefit of present and
future generations through careful planning or management, as appropriate.

Principle 3

The capacity of the earth to produce vital renewable resources must be maintained and, wherever
practicable, restored or improved.

Principle 4

Man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its
habitat, which are now gravely imperilled by a combination of adverse factors. Nature conservation,
including wildlife, must therefore receive importance in planning for economic development.

Principle 5

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The non-renewable resources of the earth must be employed in such a way as to guard against the
danger of their future exhaustion and to ensure that benefits from such employment are shared by
all mankind.

Principle 6

The discharge of toxic substances or of other substances and the release of heat, in such
quantities or concentrations as to exceed the capacity of the environment to render them harmless,
must be halted in order to ensure that serious or irreversible damage is not inflicted upon
ecosystems. The just struggle of the peoples of ill countries against pollution should be supported.

Principle 7

States shall take all possible steps to prevent pollution of the seas by substances that are liable to
create hazards to human health, to harm living resources and marine life, to damage amenities or
to interfere with other legitimate uses of the sea.

Principle 8

Economic and social development is essential for ensuring a favorable living and working
environment for man and for creating conditions on earth that are necessary for the improvement
of the quality of life.

Principle 9

Environmental deficiencies generated by the conditions of under-development and natural

disasters pose grave problems and can best be remedied by accelerated development through the
transfer of substantial quantities of financial and technological assistance as a supplement to the
domestic effort of the developing countries and such timely assistance as may be required.

Principle 10

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For the developing countries, stability of prices and adequate earnings for primary commodities
and raw materials are essential to environmental management, since economic factors as well as
ecological processes must be taken into account.

Principle 11

The environmental policies of all States should enhance and not adversely affect the present or
future development potential of developing countries, nor should they hamper the attainment of
better living conditions for all, and appropriate steps should be taken by States and international
organizations with a view to reaching agreement on meeting the possible national and international
economic consequences resulting from the application of environmental measures.

Principle 12

Resources should be made available to preserve and improve the environment, taking into account
the circumstances and particular requirements of developing countries and any costs which may
emanate- from their incorporating environmental safeguards into their development planning and
the need for making available to them, upon their request, additional international technical and
financial assistance for this purpose.

Principle 13

In order to achieve a more rational management of resources and thus to improve the
environment, States should adopt an integrated and coordinated approach to their development
planning so as to ensure that development is compatible with the need to protect and improve
environment for the benefit of their population.

Principle 14

Rational planning constitutes an essential tool for reconciling any conflict between the needs of
development and the need to protect and improve the environment.

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Principle 15

Planning must be applied to human settlements and urbanization with a view to avoiding adverse
effects on the environment and obtaining maximum social, economic and environmental benefits
for all. In this respect projects which arc designed for colonialist and racist domination must be
abandoned.

Principle 16

Demographic policies which are without prejudice to basic human rights and which are deemed
appropriate by Governments concerned should be applied in those regions where the rate of
population growth or excessive population concentrations are likely to have adverse effects on the
environment of the human environment and impede development.

Principle 17

Appropriate national institutions must be entrusted with the task of planning, managing or
controlling the 9 environmental resources of States with a view to enhancing environmental quality.

Principle 18

Science and technology, as part of their contribution to economic and social development, must be
applied to the identification, avoidance and control of environmental risks and the solution of
environmental problems and for the common good of mankind.

Principle 19

Education in environmental matters, for the younger generation as well as adults, giving due
consideration to the underprivileged, is essential in order to broaden the basis for an enlightened
opinion and responsible conduct by individuals, enterprises and communities in protecting and
improving the environment in its full human dimension. It is also essential that mass media of
communications avoid contributing to the deterioration of the environment, but, on the contrary,
disseminates information of an educational nature on the need to project and improve the
environment in order to enable mal to develop in every respect.

22
Principle 20

Scientific research and development in the context of environmental problems, both national and
multinational, must be promoted in all countries, especially the developing countries. In this
connection, the free flow of up-to-date scientific information and transfer of experience must be
supported and assisted, to facilitate the solution of environmental problems; environmental
technologies should be made available to developing countries on terms which would encourage
their wide dissemination without constituting an economic burden on the developing countries.

Principle 21

States have, in accordance with the Charter of the United Nations and the principles of
international law, the sovereign right to exploit their own resources pursuant to their own
environmental policies, and the responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of areas beyond the limits of
national jurisdiction.

Principle 22

States shall cooperate to develop further the international law regarding liability and compensation
for the victims of pollution and other environmental damage caused by activities within the
jurisdiction or control of such States to areas beyond their jurisdiction.

Principle 23

Without prejudice to such criteria as may be agreed upon by the international community, or to
standards which will have to be determined nationally, it will be essential in all cases to consider
the systems of values prevailing in each country, and the extent of the applicability of standards
which are valid for the most advanced countries but which may be inappropriate and of
unwarranted social cost for the developing countries.

23
Principle 24

International matters concerning the protection and improvement of the environment should be
handled in a cooperative spirit by all countries, big and small, on an equal footing.

Cooperation through multilateral or bilateral arrangements or other appropriate means is essential

to effectively control, prevent, reduce and eliminate adverse environmental effects resulting from
activities conducted in all spheres, in such a way that due account is taken of the sovereignty and
interests of all States.

Principle 25

States shall ensure that international organizations play a coordinated, efficient and dynamic role
for the protection and improvement of the environment.

Principle 26

Man and his environment must be spared the effects of nuclear weapons and all other means of
mass destruction. States must strive to reach prompt agreement, in the relevant international
organs, on the elimination and complete destruction of such weapons. 37

37
www.unesco.org

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