Environmental Law in India: A Comprehensive Guide

Posted on Aug 1, 2024 in Law & Jurisprudence

Forest Conservation

2. Restriction on the dereservation of forests or use of forest land for non-forest purpose.

Tarun Bharat Singh V. UOI – State couldn’t great mining licence – Only centre can

Remedies for enforcement of rights conferred by this Part

Justice P.N. Bhagawati in the case of S.P. Gupta vs. Union of India. “any member of the public or social action group acting bonafide” can invoke the Writ Jurisdiction of the High Courts

Subhash Kumar v. State of Bihar, – Bokaro River Pollution Case
Rural Litigation and Entitlement Kendra v. State of U.P. – Dehradun Quarey

M.C. Mehta v. Union of India, AIR 1997 (Taj Mahal Case) – Industries shifted

NGT

Section 4 – Composition of tribunal Section 14 – Orignal Jurisdiction

Section 19 – Procedure and power of tribunal Section 16.   Tribunal to have appellate jurisdiction.

Section 15.   Relief, compensation and restitution.Section 17.   Liability to pay relief or compensation in certain cases

Techi Tagi Tara v. Rajendra Singh Bhandari  – Appointment

principle 15 of the Rio Declaration on Environment and Development in 1992. It states “Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”

Vellore Citizen Welfare Fourm V. UOI – Tanneries – Sustainable development from brutland report

AP Pollution Control Board V. M.V Nayudu – Castor oil – Consent refused – Precautionary principle a viable tool

Narmada Bachao Andolan V. UOI – Balanced Environmental and Development imperatives

Polluter Pays

Article 102 (2) Of European Community Treaty

Indian Council For Enviro-legal action V. UOI – Different types of industries in Bichhri,Raj – Must pay for all the pollution caused by them

Vellore Citizen Welfare Forum V. UOI – Tanneries – Sustainable development

Public Trust Doctrine – Govnt holds everything in the name of people – Looks for needs of present and future generation

MC Mehta V. kamal nath

Art 21 Rural Litigation and Entitlement Kendra V. UOI – Right to wholesome environment – Dehradun Quarrey case

Subhash Kumar V. State of Bihar – Right to get pollution free water

Powers and Fucntion of state board

Section 17 Functions

Section 19 – Limit orders

Section 20 – Conduct surveys

Section 21 – Power to take samples of effuluant and procedur

M/s Delhi Bottling plant V. CBFPACOP – Procedure

EPA

Art 253 – 48A MAKE EFFORTS AND PROTECT ENV AND SAFEQUARD FOREST AND WL and 51A FD TO PROTECT ENV

Section 3 Functions 4 Power to appoint officer 5. Power to give directions 6. Law down rules for pollution