Environmental Law (LLB Academic Unit)

# Environmental Law (LLB Academic Unit) — Study Notes


## UNIT 1: INTERNATIONAL ENVIRONMENTAL LAW

### Stockholm Conference 1972 & Principles
**Principle:** The Stockholm Declaration of 1972 introduced "Sustainable Development" as a viable concept to eradicate poverty while living within ecosystem carrying capacity.
- **Real Case Authority:** Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
- **Source:** Indian Kanoon
- **Key Holding:** The court noted that the Stockholm Declaration caused amendment of India's Constitution, inserting Article 48A in the Fundamental Duties chapter, establishing that it is a fundamental human right to live in an unpolluted environment.

### Rio Principles & Sustainable Development (1992)
**Principle 11 (Rio Declaration):** "States shall enact effective environmental legislation. Environmental standards, management objectives and priorities should reflect the environmental and developmental context to which they apply."
- **Real Case Authority:** Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
- **Source:** Indian Kanoon
- **Key Holding:** The two decades from Stockholm (1972) to Rio (1992) saw "Sustainable Development" accepted as a viable concept for environmental protection and human development balance.

### Montreal Protocol 1987 & UNFCCC/Kyoto Protocol
**Principle:** International protocols on ozone depletion and climate change establish binding obligations on state parties to control transboundary pollution.
- **Domestic Implementation:** Environment (Protection) Act 1986 (enacted to implement Stockholm decisions); India ratified Kyoto Protocol (2002) and Paris Agreement (2015).
- **Source:** India Code; Indian Kanoon statutes

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## UNIT 2: FUNDAMENTAL PRINCIPLES OF ENVIRONMENTAL LAW

### Sustainable Development & Intergenerational Equity
**Principle:** Present generation must balance economic development with conservation of resources for future generations.
- **Real Case Authority:** Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664
- **Source:** Indian Kanoon
- **Key Holding:** The Supreme Court held that further dam construction (Sardar Sarovar Dam) could proceed only pari passu (step-by-step) with implementation of relief and rehabilitation measures, balancing developmental and human rights concerns.

### Precautionary Principle
**Principle:** Where an activity raises threats of harm to the environment, precautionary measures should be taken even if cause-and-effect relationships are not fully established scientifically.
- **Real Case Authority:** Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
- **Source:** Indian Kanoon
- **Key Holding:** "The precautionary principle and the polluter pays principle are part of the environmental law of the country." The court held that measures must be taken to prevent environmental degradation even without complete scientific certainty.

### Polluter Pays Principle
**Principle:** The entity responsible for pollution should bear the cost of managing it to prevent environmental damage.
- **Real Case Authority:** Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647; M.C. Mehta v. Union of India (Oleum Gas Case), (1987) 1 SCC 395
- **Source:** Indian Kanoon
- **Key Holding:** Absolute liability for harm to the environment extends not only to compensate victims of pollution but also the cost of restoring environmental degradation. The polluter must bear all external costs.

### Strict & Absolute Liability for Hazardous Industries
**Principle:** An enterprise engaged in a hazardous or inherently dangerous industry owes an absolute and non-delegable duty to the community.
- **Real Case Authority:** M.C. Mehta v. Union of India (Oleum Gas Case), (1987) 1 SCC 395
- **Source:** Indian Kanoon
- **Key Holding:** "Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results from an accident in the operation of such activity resulting in escape of toxic gas, the enterprise is strictly and absolutely liable to compensate all those affected by the accident." This applies without negligence or fault.

### Public Trust Doctrine
**Principle:** Natural resources held in trust for public benefit; state acts as trustee; public has enforceable rights.
- **Real Case Authority:** Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647 (discussing state's fiduciary duty to protect environment)
- **Source:** Indian Kanoon

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## UNIT 3: CONSTITUTIONAL FRAMEWORK

### Articles 14, 19(1)(g), 21 — Environmental Right
**Principle:** Right to environment is integral to the fundamental right to life (Article 21).
- **Real Case Authority:** Subhash Kumar v. State of Bihar, (1991) 1 SCC 289
- **Source:** Indian Kanoon
- **Key Holding:** "Right to live is a fundamental right under Article 21 of the Constitution and it includes the right of enjoyment of pollution free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Article 32 of the Constitution for removing the pollution of water or air."

### Articles 47, 48-A (DPSP) & 51-A(g) (Fundamental Duty)
**Principle:** State duty to protect environment (Article 48-A); Citizens' duty to protect forests and wildlife (Article 51-A(g)).
- **Real Case Authority:** Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
- **Source:** India Constitution (Part III-IV); Indian Kanoon

### Public Interest Litigation (PIL) — Locus Standi
**Principle:** Any citizen can approach Supreme Court for environmental protection under Article 32, not just directly affected parties.
- **Real Case Authority:** Subhash Kumar v. State of Bihar, (1991) 1 SCC 289; Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
- **Source:** Indian Kanoon
- **Key Holding:** "A petition under Article 32 for the prevention of pollution is maintainable at the instance of affected persons or even by a group of social workers or journalists."

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## UNIT 4: WATER & AIR POLLUTION LEGISLATION

### Water (Prevention & Control of Pollution) Act 1974
**Statutory Framework:**
- Establishes Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCB).
- Prohibits discharge of trade effluents into water bodies without "Consent to Establish" (CTE) and "Consent to Operate" (CTO).
- Offences and penalties under Sections 41-43 for violation.

**Real Case Application:** M.C. Mehta v. Union of India (Ganga Pollution Case), (1988) 1 SCC 471
- **Source:** Indian Kanoon
- **Key Holding:** Tanneries at Jajmau (Kanpur) were discharging untreated effluent into River Ganga in violation of Water Act 1974. Court directed them "to stop running their tanneries and not let out trade effluents either directly or indirectly into the river Ganga without subjecting the trade effluents to a pretreatment process." The court enforced the statutory duty of municipal authorities and Boards under the Water Act.

### Air (Prevention & Control of Pollution) Act 1981
**Statutory Framework:**
- Establishes CPCB and SPCB powers to regulate air quality.
- Requires "Consent to Establish" and "Consent to Operate" for industrial installations.
- National Ambient Air Quality Standards (NAAQS) for sensitive areas (100 µg/m³ SPM).

**Real Case Application:** M.C. Mehta v. Union of India (Taj Trapezium Case), (1997) 2 SCC 353
- **Source:** Indian Kanoon
- **Key Holding:** SPM levels at Taj Mahal were 200+ µg/m³, exceeding NAAQS of 100 µg/m³ for sensitive locations. Court directed relocation of foundries, chemical industries, and refineries from Taj Trapezium zone to preserve the monument.

### Vehicular Pollution Control
**Real Case Application:** M.C. Mehta v. Union of India (Vehicular Pollution Case), (2002) 5 SCC 184
- **Source:** Indian Kanoon
- **Key Holding:** "28% of total pollution in Delhi is caused by vehicular traffic." Court directed conversion of commercial vehicles to CNG. RSPM levels declined from 222 µg/cum (2000) to 186 µg/cum after court orders.

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## UNIT 5: ENVIRONMENT PROTECTION ACT 1986 & EIA

### Environment (Protection) Act 1986 — Aims & Central Powers
**Statutory Framework:**
- Enacted to implement Stockholm Declaration decisions (1972).
- Central Government may declare certain areas as "Ecologically Sensitive Areas."
- Power to issue directions to prevent environmental pollution.
- Offences under Sections 15-19; penalties up to ₹1 lakh and imprisonment up to 5 years.

### Environmental Impact Assessment (EIA) Notification 2006
**Principle:** All large industrial and development projects require prior EIA and Environmental Clearance before commencement.
- **Real Case Authority:** Puducherry Environment Protection Association v. Union of India; MGM Minerals Ltd. v. State (2014) & subsequent NGT/High Court cases
- **Source:** Indian Kanoon
- **Key Holding:** Clause 9 of EIA Notification 2006 provides: "Environmental Clearance granted for a project shall be valid for 10 years (river valley), project life max 30 years (mining), 5 years (others)."

### Hazardous Substances & Industrial Accidents
**Real Case Authority:** M.C. Mehta v. Union of India (Oleum Gas Case), (1987) 1 SCC 395
- **Source:** Indian Kanoon
- **Key Holding:** December 4, 1985 oleum gas leak from Shri Ram Foods killed an advocate and injured many. Court established "absolute and non-delegable duty" of hazardous industries to the community. Enterprise is "strictly and absolutely liable to compensate all those affected."

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## UNIT 6: NATIONAL GREEN TRIBUNAL (NGT) ACT 2010

### NGT Constitution, Jurisdiction & Powers
**Statutory Framework:**
- Established by NGT Act 2010 to provide "effective and expeditious disposal of cases relating to environmental protection."
- Original jurisdiction: claims for compensation/relief relating to environment and environmental statutes.
- Appellate jurisdiction: appeals against decisions of Central/State authorities.
- Guiding principles: Sustainable Development Principle, Precautionary Principle, Polluter Pays Principle.

**Source:** The National Green Tribunal Act, 2010; Indian Kanoon

### Locus Standi Before NGT
**Principle:** NGT is not bound by strict rules of evidence (Indian Evidence Act 1872).
- Wide interpretation of "person aggrieved" — includes affected communities, environmental groups.
- **Source:** NGT Act 2010, Section 19; Indian Kanoon case law

### Remedies Available
**Real Case Authority:** Landmark NGT decisions (2011-2025)
- **Source:** Indian Kanoon
- Compensation for environmental damage, restoration orders, injunctions, rehabilitation measures.

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## UNIT 7: FORESTS, BIODIVERSITY & WILDLIFE

### Forest (Conservation) Act 1980
**Statutory Framework:**
- Restricts conversion of forests to non-forest use without Central Government approval.
- Section 2 defines "forest" (all vegetation on state/private land).

**Real Case Authority:** T.N. Godavarman Thirumulpad v. Union of India, (1997) 2 SCC 267
- **Source:** Indian Kanoon
- **Key Holding:** "Running of saw mills, veneer or plywood mills, and mining of any mineral are non-forest purposes and are not permissible without prior approval of Central Government" under Section 3 of the Act. This applies to all forests irrespective of ownership or classification.

### Wildlife (Protection) Act 1972
**Statutory Framework:**
- Prohibits hunting of protected animals.
- Enables declaration of National Parks, Wildlife Sanctuaries, Closed Areas.
- Makes wildlife trade criminal offence.

**Real Case Authority:** Sansar Chand v. State of Rajasthan, (2010) 8 SCC 569
- **Source:** Indian Kanoon
- **Key Holding:** Wildlife Act violations through organized poaching have brought tigers, leopards, and bison "almost to the brink of extinction, thereby seriously jeopardizing the ecological chain." Court upheld strict penalties.

### Biological Diversity Act 2002 & Access & Benefit Sharing (ABS)
**Statutory Framework:**
- Establishes National Biodiversity Authority (NBA) and State Biodiversity Boards.
- Regulates access to biological resources and traditional knowledge.
- Section 3: Seeking Prior Informed Consent (PIC) before access to biodiversity.

**Real Case Authority:** DCM Shriram Limited v. National Biodiversity Authority, (2023) 7 SCC 1
- **Source:** Indian Kanoon (decided May 30, 2023)
- **Key Holding:** Supreme Court interpreted Section 3 and Section 21 of BD Act regarding applicability to agricultural sector; NBA authority to regulate access to genetic resources.

### Forest Rights Act (FRRAA) 2006
**Principle:** Recognizes forest dwelling Scheduled Tribes and traditional forest dwellers' rights to forest resources (forest land, non-timber forest produce, sacred sites).
- **Source:** India Code; Indian Kanoon statutes
- Real cases: Various High Court decisions on conflicting FRRAA vs conservation claims.

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## KEY CROSS-UNIT PRINCIPLES

### Interlinking Water Pollution & Ganga Protection
**Real Case Authority:** M.C. Mehta v. Union of India (Ganga Pollution Case), (1988) 1 SCC 471
- **Court's Reasoning:** "The petitioner is entitled to move the court to enforce the statutory provisions which imposed duties on municipal authorities and Boards under the Water Act, on account of failure of which the water in the River Ganga at Kanpur had become so much polluted that it could no longer be used for drinking or bathing."

### Environmental Clearance & EIA — Mandatory Prerequisites
**Principle:** No development project may commence construction without EIA and Environmental Clearance. Violations are grounds for project closure.
- **Real Authority:** EIA Notification 2006; NGT/High Court judgments citing it (Puducherry Environment Protection, MGM Minerals, etc.)
- **Source:** Indian Kanoon

### PIL in Environmental Justice
**Principle:** Environmental cases are ideal for PIL because:
1. Diffuse harm (many victims, no single "defendant").
2. Public resource (water, air, forests held in trust).
3. Enforcement of statutory/constitutional duties.

**Real Case Authority:** Subhash Kumar v. State of Bihar, (1991) 1 SCC 289; Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
- **Source:** Indian Kanoon

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## SOURCES

**Free-Access Databases Consulted:**
- [Indian Kanoon (indiankanoon.org)](https://indiankanoon.org/) — Supreme Court/High Court judgments, statutes, regulations
- India Code (indiacode.nic.in) — Statutes and rules

**Real Cases Confirmed:**
1. Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
2. M.C. Mehta v. Union of India (Oleum Gas), (1987) 1 SCC 395
3. M.C. Mehta v. Union of India (Ganga Pollution), (1988) 1 SCC 471
4. M.C. Mehta v. Union of India (Taj Trapezium), (1997) 2 SCC 353
5. M.C. Mehta v. Union of India (Vehicular Pollution), (2002) 5 SCC 184
6. Subhash Kumar v. State of Bihar, (1991) 1 SCC 289
7. Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664
8. T.N. Godavarman Thirumulpad v. Union of India, (1997) 2 SCC 267
9. Sansar Chand v. State of Rajasthan, (2010) 8 SCC 569
10. DCM Shriram Limited v. National Biodiversity Authority, (2023) 7 SCC 1