PREFACE
Experience
of developed nations in their efforts for a sustainable development
poses several questions and challenges as to how
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 |
|
| 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 |
| 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 |
| 13. | Conclusion |
| 14. | Annexure |
| I. Summary of Important cases |
|
| II. Bare Acts of major Environmental Laws in
|
Table of Cases
1.Ambala
Purshottamam v Ahmedabad Municipal Corporation AIR 1968 SC
1223
2Attakoya
Thangal v.
3. Banavasi Seva Ashram v.
State of
4.Centre
for Social Justice [Janvikas] v
5.Chhetriya Pradushan Mukti Sangharsh
Samithi v.
State of
6.Damodhar Rao v. Spl. Officer, Municipal
Corporation of
7.Durga Prasad v. State, AIR 1962 Raj.
92
8.Enviro-legal
action v.
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
12.Judges Transfer case, AIR 1982
SC 149
13.L.K. Koolwal v. State of
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
17.M.C Mehta v
18.M.C.Mehta v.
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
22.Research
Foundation for Science, Technology and Natural Resources Policy v
23.Rural litigation and entitlement
Kendra v.
State of
24.Rylands v. Fletcher, (1868) LR
3 HL 330
25.S. Jagannath v.
26.Sandhilya
Gram Panchayat v State of
27.State
of Himachal Pradesh v Ganesh Wood Products AIR 1996 SC149
28.Subhash Kumar v. State of
29.Tata Iron and Steel Co. v
Sarkar, AIR 1961 SC 65
30.The
others O. P Nos. 2949 and 3025
of 1979
31.