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Environmental Law Handbook for Law Practitioners

by admin — last modified 2010-07-10 12:27

PREFACE

Experience of developed nations in their efforts for a sustainable development poses several questions and challenges as to how India should act to combat environmental degradation. Understanding of law, policy and practice in relation to the field of environmental law will be key to any conservation policy that the State would persue.

The objective behind this hand book is to reflect upon environmental legislations, judicial pronouncements, and other developments related to environment. This includes both judicial approaches and new approaches towards conflict resolution and consensus building. This is to enable a law practitioner to develop critical view point as to the functioning of our legal system with a view to ignite creative thinking, in bringing legal reforms to protect environment.

The Hand Book is a novel attempt in bring about an understanding of the subject and would benefit people from all sections of the society. The book contains a birds eyeview into the various laws, and judgments of the court, while briefly touching upon the international legal regime. The effort is part of the Environmental Law capacity building project which National Law school is executing.

The book would not have seen the light of the day without the guidance and leadership of our Director, Dr. G. Mohan Gopal, to whom we owe our sincere and humble thanks, for providing us with an opportunity in bringing out this publication.

Prof. V. S. Mallar, Registrar, NLSIU, has been the pillar of support and strength, all throughout and we are grateful to him. I also thank Ms. Pushpa Kadam and Mr. Vereendra M. R. for their able and timely assitance in bringing out this hand book.

O. V. Nandimath

Faculty Coordinator

CEERA, NLSIU

Table of Contents

Sl.No,	Title
1	Introduction
2.	Protection of Environment-Legal Perspective
	a) Constitutional Provisions in Relation to Environment b) Common law principles and Environment c) Criminal law principles and Environment d) Principles of Civil Law and Environment
3.	Abatement of Pollution-A Legal Approach
	a) Water [Prevention and Control of Pollution] Act, 1974 b) Air [Prevention and Control of Pollution] Act, 1981 c) Environmental Protection Act, 1986
	i. Law in relation to Waste Management 1. Municipal waste Management 2. Hazardous Waste Management 3. Bio Medical Waste Management ii. Costal Zone Regulation iii. Environmental Impact Assessment iv. Public hearing v. Noise Pollution
4.	Laws in relation to Forest in India
5.	Wildlife Protection Act, 1972
6.	Public Liability Insurance Act
7.	National Environmental Tribunal Act
8.	Land Acquisition, Law Policy and Practice.
9.	Organizational Machinery for Protection of Environment in India
10.	Principles of International Environmental law
11.	Judicial Activism and Environmental Protection
12.	Alternate Approaches to Pollution control in India
13.	Conclusion
14.	Annexure
	I. Summary of Important cases
	II. Bare Acts of major Environmental Laws in India.

Table of Cases

1.Ambala Purshottamam v Ahmedabad Municipal Corporation AIR 1968 SC 1223

2Attakoya Thangal v. Union of India, 1990 (1) KLT 580

3. Banavasi Seva Ashram v. State of U.P AIR 1987 SC 374

4.Centre for Social Justice [Janvikas] v Union of India Spl. C. A GJLR Vol. XLI (32000)

5.Chhetriya Pradushan Mukti Sangharsh Samithi v. State of U.P. AIR 1990 SC 2060

6.Damodhar Rao v. Spl. Officer, Municipal Corporation of Hyderabad . AIR 1987 A.P. 177

7.Durga Prasad v. State, AIR 1962 Raj. 92

8.Enviro-legal action v. Union of India1992 SUPP (2) SCC 633

9. Fatesang Gimba v. State (AIR 1987 Guj 9),

10.Gobind v Shanti Sarup AIR 1979 SC 143

11.Indian Council for Enviro-legal Action v Union of India, 1996 (3) SCC 212

12.Judges Transfer case, AIR 1982 SC 149

13.L.K. Koolwal v. State of Rajasthan, AIR. 1988 Raj. 2.

14.Lakshman v. State of M P (AIR 1983 SC 656)

15.M C Mehta v. Kamal Nath1997) 1 SCC 388

16.M. C Mehta v Union of India AIR 1987 SC 1086

17.M.C Mehta v Union of India[Ganga pollution case] 1992 SUPP (2) SC 633.

18.M.C.Mehta v. Union of India AIR 1987 SC 965

19.M.K. Sharma v. Bharat Electronics Ltd..(1987 (I)Scale 1049)

20.Municipal Council Ratlam v Varidhichand AIR 1980 SC 1622.

21.Rampal v State of Rajasthan AIR 1981 Raj. 121

22.Research Foundation for Science, Technology and Natural Resources Policy v
Union of India 1999 (1) SCC 223.

23.Rural litigation and entitlement Kendra v. State of U.P., AIR 1985 SC 652

24.Rylands v. Fletcher, (1868) LR 3 HL 330

25.S. Jagannath v. Union of India AIR 1997 SC 811

26.Sandhilya Gram Panchayat v State of Gujarat AIR 1985 Guj 105 ,106

27.State of Himachal Pradesh v Ganesh Wood Products AIR 1996 SC149

28.Subhash Kumar v. State of Bihar,AIR 1991 SC420

29.Tata Iron and Steel Co. v Sarkar, AIR 1961 SC 65

30.The Silent Valley Litigation. Society for Protection of Slient Valley v Union of India and
others O. P Nos. 2949 and 3025 of 1979

31.Vellore Citizen’s Welfare Forum v Union of India AIR 1996 SC 2715