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Environmental Studies and Environmental Laws (: LLB -301)

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The objective of this paper is to acquaint the students with the environmental issues and the measures taken for its protection along with the norms prevailing at international and national
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Environmental Studies and Environmental Laws (: LLB -301)

  1. 1. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) SEMESTER: FIFTH BBALLB III A+B+C & BALLB III A+B+C NAME OF THE SUBJECT: ENVIRONMENTAL LAW UNIT-1 TOPIC: ENVIRONMENT MEANING & ENVIRONMENTAL POLLUTION FACULTY NAME: Ms. Ridam Aggarwal (Assistant Professor)
  2. 2. Environment: Introduction • The expression―environment connotes surroundings, environment contains air, water, food and sunlight etc. • According to Section 2(a) of the Indian Environment (Protection) Act, 1986, the term ―Environment includes water, air and land and human beings, other living creatures, plants, micro-organism and property. • Environment means all the essential and necessary elements that are first and foremost needs for the survival and basic and for the existence of life and living and non living creatures. Those elements which are called the environment. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  3. 3. Environment Pollution: Meaning and Issues • Environment pollution refers to the introduction of harmful pollutants into the environment. These pollutants contaminates the environment. It has a hazardous effect on the natural world and on the activities of living beings. • The major types of environmental pollution are air pollution, water pollution, noise pollution, thermal pollution, soil pollution and light pollution. With the dawn of the age of science and technology, there has been huge growth and development of human potentials. The surge in pollution is often attributed to the wide scale urbanization and large-scale industrialization, which is in turn a product of our advancement in science and technology and, it is here that man first began losing control and became victim of his own creations. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  4. 4. Sources and Causes of Environmental Pollution • Industrial activities: The industries all over the world that brought prosperity and affluence, made inroads in the biosphere and disturbed the ecological balances. The pall of smoke, the swirling gases, industrial effluents and the fall-out of scientific experiments became constant health hazards, polluting and contaminating both air and water. The improper disposal of industrial wastes are the sources of soil and water pollution. Chemical waste resulting from industry can pollute lakes, rivers and seas and soil too as well as releasing fumes. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  5. 5. Sources and Causes of Environmental Pollution • Dumping solid waste: Household and commercial waste pollutes the environment when not disposed of properly. • Vehicles: The smoke emitted by vehicles using petrol and diesel and the cooking coal also pollutes the environment. The multiplication of vehicles, emitting black smoke that, being free and unfettered, spreads out and mixes with the air we breathe. The harmful smoke of these vehicles causes air pollution. Further, the sounds produced by these vehicles produces causes noise-pollutio • Agricultural waste: Fertilizers and pesticides used in agriculture are key causes of environmental pollution. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  6. 6. Sources and Causes of Environmental Pollution • Rapid urbanization and industrialization: The urbanization and the rapid growth of industrialization are causing through environmental pollution the greatest harm to the plant life, which in turn causing harm to the animal kingdom and the human lives. • Population overgrowth: Due to the increase in population, particularly in developing countries, there has been surge in demand for basic food, occupation and shelter. The world has witnessed massive deforestation to expand absorb the growing population and their demands. • Combustion of fossil fuels: The combustion of fossil fuels pollutes the air, the soil and the water with noxious gases such as CO2 and CO. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  7. 7. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) TOPIC: CONSTITUTIONAL GUIDELINES
  8. 8. Right to Wholesome Environment: Evolution and Application • Part III of the Constitution of India contains fundamental rights. These rights were included in the Constitution after long debates in the Constituent assembly. • Article 21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law. • Article 32. Remedies for enforcement of rights conferred by this Part (1) the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  9. 9. Case Laws • It was the Maneka Gandhi case that heralded the new era of judicial thought. The court started recognising several unarticulated liberties that were implied by Article 21 and during this process the Supreme Court interpreted, after some hesitation the right to life and personal liberty to include the right to wholesome environment. • Incidentally the Dehradun Quarries case that paved the way for right to wholesome environment has also focused on this continuing conflict. The judgments in Dehradun quarries cases were passed under Article 32 of the Constitution and involved closure of some of the quarries on the ground that their operation was upsetting ecological balance of the area. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  10. 10. Relevant Provisions: Art. 14, 19 (1) (g), 21, 48-A, 51-A(g) Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  11. 11. Article 14- Right to Equality • Article 14 of the Constitution guarantees to every person the right –not to be denied equality before the law or the equal protection of the laws. The possibility of infringement of this Article by a government decision having impact on the environment cannot be ruled out. Article 14 strikes at arbitrariness because an action that is arbitrary must necessarily involve a negation of equality.” • Thus, permission for contractions that is contrary to town planning regulation by the municipal authority may be challenged. Similarly, Article 14 may be invoked to challenge governmental sanction of projects having adverse impact on the natural environment and where such sanctions involve arbitrary considerations. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  12. 12. Article 19 (1)(g) - Freedom of trade • Article 19(1) (g) of the Constitution guarantees to all citizens of India, the right to practice any profession or to carry on any occupation or trade or business. The freedom however, is not uncontrolled. • The aggrieved industrialist may resort to Article 19 in case his trade and business interests are affected by the action of governmental agencies in the name of the environmental protection. • As environmental regulation grows more stringent and its enforcement becomes more vigorous, industrial challenge to agency action is likely to increase. • Courts will then need to balance environmental interests with the fundamental right it carry on any occupation, trade the fundamental right to carry in any occupation, trade or business guaranteed in Article 19(1) (g). Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  13. 13. Article 48A: Protection and improvement of environment and safeguarding of forests and wild life • 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. • 48-A of the Directive Principles of State Policy have a definite bearing of environmental problems. They, by themselves and collectively impose a duty on the State to secure the health of the people, improve public health and protect and improve the environment. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  14. 14. Article 51A(g): Fundamental Duties • 51A. Fundamental duties.—It shall be the duty of every citizen of India- (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures • Indian Constitution has imposed a joint responsibility upon the State; and every citizen of India to protect and improve the natural environment. • In the words of Ranganath Mishra, J.: “Preservation of environment and keeping the ecological balance unaffected is a task which not only Government but also very citizen must undertake. It is a social obligation and let is remind every citizen that it is his fundamental duty as enshrined in Article 51-A (g) of the Constitution” Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  15. 15. Article 21: Protection of life and personal liberty • The Supreme Court has recognized another aspect of the right to life enshrined under Article 21 of the Constitution, viz. the right to livelihood. There is a real chance of clash of these rights, i.e. right to environment and right to livelihood as government’s action to close down industrial units for protection of environment may result in loss of job, dislocation of poor workers and might disrupt badly the lifestyles of people heavily dependent on such industries. • The Supreme Court has recognized another aspect of the right to life enshrined under Article 21 of the Constitution, viz. the right to livelihood. There is a real chance of clash of these rights, i.e. right to environment and right to livelihood as government’s action to close down industrial units for protection of environment may result in loss of job, dislocation of poor workers and might disrupt badly the lifestyles of people heavily dependent on such industries. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  16. 16. Environment Protection through Public Interest Litigation • One of the most innovative parts of the Constitution is that the Writ Jurisdiction is conferred on the Supreme Court under Article 32 and on all the High Courts under Article 226. Under these provisions, the courts have the power to issue any direction or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever is appropriate. This has paved way for one of the most effective and dynamic mechanisms for the protection of environment, that is, Public Interest Litigations. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  17. 17. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Environmental Law : India & International
  18. 18. Law of Torts • Litigation related to environmental contamination and toxins has grown at a rapid pace, as businesses come under greater scrutiny for their environmental practices and face potentially costly claims. Industrialization has posed serious concern for the protection of environment. • If we follow the development around the world in last two decades or so, it is clear that both judicial and legislative processes have applied the yardstick of ‘Strict or Absolute Liability’ to judge the conduct of the polluters. • A toxic tort is a special type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiff's toxic injury or disease. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  19. 19. Hazardous and Inherently Dangerous Activities • Strict liability for ultra-hazardous activities might also be considered a general principle of law as it is found in the national law of many states in relation to ultrahazardous activities. • Under the English law,’ a person who for his own purposes brings on his own land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape’ as laid down by the landmark judgment of Ryland v. Fletcher Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  20. 20. Hazardous and Inherently Dangerous Activities Cont. • Absolute liability for the harm caused by industry engaged in hazardous and inherently dangerous activities is a newly formulated doctrine free from the exceptions to the strict liability rule in England. The Indian rule was evolved in 19 (1868) LR 3 HL 330 MC Mehta v. Union of India, which was popularly known as the Oleum gas leak case. It was public interest litigation under Article 32 of the Indian constitution. • In the judgment, on the substantive law it was emphasized that the principle of absolute liability should be followed to compensate victims of hazardous and inherently dangerous activity’ Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  21. 21. Legislations so related • Legislation in the late 80’s and the 90’s reflect the law’s growing recognition of the capacity of ‘hazardous substances’ to cause damage to person, property and the environment. The Bhopal Gas Disaster and the judgement of the court in the Oleum Gas Leak case were the prelude to the Environment (Protection) Act 1986, the Factories (Amendment) Act 1987 and the Public Liability Insurance Act, 1991 (PLIA). Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  22. 22. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) TOPIC: ENVIRONMENTAL LAW : INDIA & INTERNATIONAL
  23. 23. Law of Crimes • Environmental crime refers to the violation of laws intended to protect the environment and human health. These laws govern air and water quality and dictate the ways in which the disposal of waste and hazardous materials can legally take place. Individuals or corporations can be found guilty of environmental crimes. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  24. 24. Indian Penal Code, 1860 • Public Nuisance under the Indian Penal Code focuses on the operation of the law of nuisance through specific statutory provisions in the Civil and Criminal Codes of India. The Indian penal Code of 1860 contains elaborate provisions defining the crime of public nuisance in its various aspects and instances and prescribes punishments. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  25. 25. Indian Penal Code, 1860 • Chapter XIV of the Indian Penal Code deals with offences affecting public health, safety, convenience, decency and morals. • Section 268 defines Public Nuisance. • Section 277 defines Fouling of water. • Section 278 - making the atmosphere noxious to health. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  26. 26. Indian Penal Code, 1860 • Section 277-Fouling water of public spring or reservoir. Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fir for the purpose for which it ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees or with both. • Section 278 -Making atmosphere noxious to health. Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood pr passing along a public way, shall be punished with fine which may extend to five hundred rupees. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  27. 27. Drawback of Sec 277 & 278 The above two provisions have direct relevance to environmental protection as they seek to prevent water and air pollution through a penal strategy. • Their effective application towards achieving this objective is doubtful, because the technicalities of Indian criminal law require a complete satisfaction of the ingredients of the offence as stipulates in the penal provisions. • The above provisions did not liberate the criminal justice process from the difficulties of the common law demanding elaborate evidence for sundry matters as well as technical interpretations of obvious things and events. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  28. 28. The Indian Criminal Procedure Code of 1973 (CrPC) The Indian Criminal Procedure Code of 1973 has a significant chapter on maintenance of public order and tranquility, which falls into four parts. • Part A deals with unlawful assemblies (Section 129-132), • Part B with public nuisance (Sections 133-143), • Part C with urgent cases of nuisance or apprehended danger (Section 144), • Part D with disputes as to immovable property (Sections 145- 148). Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  29. 29. Relevant CrPc Sections • Section 133 which has been resorted to as an effective remedy to abate public nuisance in instances of environmental harm. This provision empowers a District Magistrate to pas conditional orders for the removal of nuisances. This section is supplemented with ancillary provisions, contained in Sections 134 to 143 of the Code, to constitute a comprehensive procedure tackling public nuisance. • Section 144 of the Code has to be seen as a significant provision conferring wide powers upon the Magistrate to deal with urgent cases of nuisance or apprehended danger and tranquillity. This magisterial power has been exercised only for the purpose of preventing public disorder arising out of public unrest or riot situations. The potential of this provision is vast, but it does not appear to have been utilised effectively in cases of environmental harm. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  30. 30. Judicial Activism • The important role played by the judicial activism of the eighties made its impact felt mire in the area of the environmental protection than in any other field. Municipal council, Ratlam v. Vardhichand is a signpost. The Supreme Court identified the responsibilities of local bodies towards the protection of environment and developed the law of public nuisance in the Code of Criminal procedure as a potent instrument for enforcement of their duties Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  31. 31. Types of Environmental Crimes • Littering • Improper waste disposal • Oil spills • Destruction of wetlands • Dumping into oceans, streams, lakes, or rivers • Improperly handling pesticides or other toxic chemicals • Burning garbage • Committing fraud related to environmental crime • Improperly removing and disposing of asbestos • • Falsifying lab data pertaining to environmental regulations • • Smuggling certain chemicals, such as CFC refrigerants, into the U.S. • • Bribing government officials Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  32. 32. Punishment • Environmental law violators are usually hit with criminal fines, probation, jail time, or a combination of these punishments. • While jail time may be the most formidable punishment for individuals who commit environmental crimes, fines are intended to deter large corporations from violating environmental laws and regulations. • Without the threat of heavy monetary punishment, some corporations might find that noncompliance is more cost- effective than obeying the law. • Environmental crime fines are meant to offset the financial allure of activities such as illegal dumping. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  33. 33. Punishment • Enforcement is often carried out by joint task forces, which are composed of representatives from federal, state, and local organizations. At the federal level, the Environmental Protection Agency (EPA) has enforcement authority over environmental law violations. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  34. 34. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) TOPIC: ENVIRONMENTAL LAW : INDIA & INTERNATIONAL
  35. 35. Public Nuisance • Under the Civil Procedure Code of 1908, civil suits against the perpetrators of public nuisance were allowed. By the amendment of the Civil Procedure Code in 1976, the procedure was made easier for the general public to seek recourse in the civil courts. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  36. 36. Public Nuisance Cont. Section 91, CPC now reads as follows: Public Nuisances and other wrongful acts affecting the public:- (1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction on for such other relief as may be appropriate in the circumstances of the case, may be instituted,- (a) By the Advocate-General, or (b) With the leave of the court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act. (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provision. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  37. 37. Order 1 Rule 8 • Order 1 Rule 8 under the Civil Procedure Code of 1908, as amended in 1976 complements the above section and is significant for environmental litigation in India. • This rule permits one person to sue or defend on behalf of all having the same interest in what are known as representative suits over a single cause of action. • Where the interest of the community at large is affected, the court has the power to direct one person or few to represent the whole community so that members of a class should have a common interest in a common subject matter and a common grievance and the relief sought should be beneficial to all. • This rule is an enabling provision and does not prevent an individual from pursuing the same matter on his own right to seek relief. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  38. 38. Relief An important feature of the civil litigation strategy adopted in India is the resort to injunctive relief rather than damages. Although in theory damages form an important principle in a tort action, in practice injunctive relief is used more in India for abating pollution. Lawyers in India, intent on abating pollution, often seek a temporary injunction against the polluter followed by a perpetual injunction on decree Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  39. 39. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT, 1974
  40. 40. THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  41. 41. THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 ACT NO. 6 OF 1974 [23rd March, 1974.] An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  42. 42. THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be regulated in those States by Parliament by law. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  43. 43. CH. I:- CH. II CH. II:- CH. IV:- CH. V:- CH. VI:- CH. VII:- PRELIMINARY CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF WATER POLLUTION JOINT BOARDS POWERS AND FUNCTIONS OF BOARDS PREVENTION AND CONTROL OF WATER POLLUTION FUND, ACCOUNTS AND AUDIT PENALTIES AND PROCEDURE CH. VIII:- MISCELLANEOUS Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
  44. 44. CHAPTER I:-PRELIMINARY Definitions.—Under this Act:- (a)“Board” means the Central Board or a State Board; (b)“Central Board” means the Central Pollution Control Board constituted under section (c)“member” means a member of a Board and includes the chairman thereof; (d)“occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance; (dd) “outlet” includes any conduit pipe or channel, open or closed, carrying sewage or trade effluent or any other holding arrangement which causes, or is likely to cause, pollution; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  45. 45. (e)“pollution” means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of acquatic organisms; (f)“prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government; (g)“sewage effluent” means effluent from any sewerage system or sewage disposal works and includes sullage from open drains; (gg) “sewer” means any conduit pipe or channel, open or closed, carrying sewage or trade effluent; •“State Board” means a State Pollution Control Board constituted under section 4; (i) “State Government” in relation to a Union territory means the Administrator Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  46. 46. (j) “stream” includes— (i)river; (ii)water course (whether flowing or for the time being dry); (iii)inland water (whether natural or artificial); (iv)sub-terranean waters; (v)sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify in this behalf; (k) “trade effluent” includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any industry, operation or process, or treatment and disposal system, other than domestic sewage. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  47. 47. (o) “State Board” means,— in relation to a State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a [State Pollution Control Board] under section 4 of that Act, the said State Board; and in relation to any other State, the State Board for the Prevention and Control of Air Pollution constituted by the State Government under section 5 of this Act. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  48. 48. CHAPTER II :-CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF WATER POLLUTION 1. Central Pollution Control Board.—The Central Pollution Control Board constituted under Section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the Central Pollution Control Board for the prevention and control of air pollution under this Act. 2. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act.—In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a State Pollution Control Board under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of air Pollution constituted under section 5 of this Act, and accordingly that State Pollution Control Board shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the prevention and control of air pollution under this Act. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  49. 49. Constitution of Central Boards.— (1)The Central Government shall, with effect from such date (being a date not later than six months of the commencement of this Act in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union territories) as it may, by notification in the Official Gazette, appoint, constitute a Central Board to be called the[Central Pollution Control Board] to exercise the powers conferred on and perform the functions assigned to that Board under this Act. (2)The Central Board shall consist of the following members, namely:— (a)a full-time chairman, being a person having special knowledge or practical experience in respect of [matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; (b)such number of officials, not exceeding five, to be nominated by the Central Government to represent that Government; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  50. 50. (c)such number of persons, not exceeding five, to be nominated by the Central Government, from amongst the members of the State Boards, of whom not exceeding two shall be from those referred to in clause (c) of sub-section (2) of section 4; (d)such number of non-officials, not exceeding three, to be nominated by the Central Government, to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the Central Government, ought to be represented; (e)two persons to represent the companies or corporations owned, controlled or managed by the Central Government, to be nominated by that Government; (f)a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government. (3) The Central Board shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  51. 51. 3. Constitution of StateBoards.— (1) The State Government shall, with effect from such date *** as it may, by notification in the Official Gazette, appoint, constitute a [State Pollution Control Board], under such name as may be specified in the notification, to exercise the powers conferred on and perform the functions assigned to that Board under this Act. (2) A State Board constituted under this Act shall consist of the following members, namely:— (a) a Chairman, being a person, having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government: Provided that the Chairman may be either whole-time or part- time as the State Government may think fit; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  52. 52. (b)such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that Government; (c)such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d)such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which, in the opinion of that Government, ought to be represented; (e)two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  53. 53. (3)(f) a full-time member-secretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Government: Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution. Every State Board constituted under this Act shall be a body corporate with the name specified by the State Government in the notification issued under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued. (4) Notwithstanding anything contained in this section, no State Board shall be constituted for a Union territory and in relation to a Union territory, the Central Board shall exercise the powers and perform the functions of a State Board for that Union territory: Provided that in relation to any Union territory the Central Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  54. 54. CHAPTER III :- JOINT BOARDS 1. Constitution of Joint Board.— (1)Notwithstanding anything contained in this Act, an agreement may be entered into— • by two or more Governments of contiguous States, or • by the Central Government (in respect of one or more Union territories) and one or more Governments of States contiguous to such Union territory or Union territories, to be in force for such period and to be subject to renewal for such further period, if any, as may be specified in the agreement to provide for the constitution of a Joint Board,— •in a case referred to in clause (a), for all the participating States, and •in a case referred to in clause (b), for the participating Union territory or Union territories and the State or States. (2) An agreement under this section may— (a) provide, in a case referred to in clause (a) of sub-section (1), for the apportionment between the participating States and in a case referred to in clause (b) of that sub-section, for the apportionments between the Central Government and the participating State Government or State Governments, of the expenditure in connection with the Joint Board; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  55. 55. (b)determine, in a case referred to in clause (a) of sub-section (1), which of the participating State Governments and in a case referred to in clause (b) of that sub-section, whether the Central Government or the participating State Government (if there are more than one participating State, also which of the participating State Governments) shall exercise and perform the several powers and functions of the State Government under this Act and the references in this Act to the State Government shall be construed accordingly; (c)provide for consultation, in a case referred to in clause (a) of sub-section (1), between the participating State Governments and in a case referred to in clause (b) of that sub- section, between the Central Government and the participating State Government or State Governments either generally or with reference to particular matters arising under this Act; (d)make such incidental and ancillary provisions, not inconsistent with this Act, as may be deemed necessary or expedient for giving effect to the agreement. (3) An agreement under this section shall be published, in a case referred to in clause (a) of sub-section (1), in the Official Gazette of the participating States and in a case referred to in cause (b) of that sub-section, in the Official Gazette of the participating Union territory or Union territories and participating State or States. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  56. 56. 2. Composition of JointBoards.— (1)A Joint Board constituted in pursuance of an agreement entered into under clause (a) of sub-section (1) of section 13 shall consist of the following members, namely:— (a)a full-time chairman, being a person having special knowledge or practical experience in respect of 1[matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; (b)two officials from each of the participating States to be nominated by the concerned participating State Government to represent that Government; (c)one person to be nominated by each of the participating State Governments from amongst the members of the local authorities functioning within the State concerned; (d)one non-official to be nominated by each of the participating State Governments to represent the interests of agriculture, fishery or industry or trade in the State concerned or any other interest which, in the opinion of the participating State Government, is to be represented; (e)two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  57. 57. (f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government. (2)A Joint Board constituted in pursuance of an agreement entered into under clause (b) of sub-section (1) of section 13 shall consist of the following members, namely:— (a)a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; (b)two officials to be nominated by the Central Government from the participating Union territory or each of the participating Union territories, as the case may be, and two officials to be nominated, from the participating State or each (c)one person to be nominated by the Central Government from amongst the members of the local authorities functioning within the participating Union territory or each of the participating Union territories, as the case may be, and one person to be nominated, from amongst the members of the local authorities functioning within the participating State or each of the participating States, as the case may be, by the concerned participating State Government; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  58. 58. (d)one non-official to be nominated by the Central Government and one person to be nominated by the participating State Government or State Governments to represent the interests of agriculture, fishery or industry or trade in the Union territory or in each of the Union territories or the State or in each of the States, as the case may be, or any other interest which in the opinion of the Central Government or, as the case may be, of the State Government is to be represented; (e)two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the Central Government and situate in the participating Union territory or territories and two persons to be nominated by the companies or corporationsCentral owned, Government to represent the controlled or managed by the participating State Governments; (f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  59. 59. (3)When a Joint Board is constituted in pursuance of an agreement under clause (b) of sub- section (1) of section 13, the provisions of sub-section (4) of section 4 shall cease to apply in relation to the Union territory for which the Joint Board is constituted. (4)Subject to the provisions of sub-section (3), the provisions of sub-section (3) of section 4 and sections 5 to 12 (inclusive) shall apply in relation to the Joint Board and its member- secretary as they apply in relation to a State Board and its member- secretary. (5)Any reference in this Act to the State Board shall, unless the context otherwise requires, be construed as including a Joint Board.
  60. 60. 3. Special provision relating to giving of directions.—Notwithstanding anything contained in this Act where any Joint Board is constituted under section 13,— (a)the Government of the State for which the Joint Board is constituted shall be competent to give any direction under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State; (b)the Central Government alone shall be competent to give any direction under this Act where such direction relates to a matter within the territorial jurisdiction of two or more States or pertaining to a Union territory. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  61. 61. CHAPTER IV :- POWERS AND FUNCTIONS OF BOARDS Functions of Central Board.— (1)Subject to the provisions of this Act, the main function of the Central Board shall be to promote cleanliness of streams and wells in different areas of the States. (2)In particular and without prejudice to the generality of the foregoing function, the Central Board may perform all or any of the following functions, namely:— (a)advise the Central Government on any matter concerning the prevention and control of water pollution; (b)co-ordinate the activities of the State Boards and resolve disputes among them; (c)provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  62. 62. (d)plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution on such terms and conditions as the Central Board may specify; (e)organise through mass media a comprehensive programme regarding the prevention and control of water pollution; (ee) perform such of the functions of any State Board as may be specified in an order made under sub- section (2) of section 18; •collect, compile and publish technical and statistical data relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith; •lay down, modify or annul, in consultation with the State Government concerned, the standards for a stream or well: Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  63. 63. Provided that different standards may be laid down for the same stream or well or for different streams or wells, having regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the water in such stream or well or streams or wells; (h) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of water pollution; (i) perform such other functions as may be prescribed. (3) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its functions under this section efficiently including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  64. 64. Functions of State Board.— (1) Subject to the provisions of this Act, the functions of a State Board shall be— (a)to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof; (b)to advise the State Government on any matter concerning the prevention, control or abatement of water pollution; (c)to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof; (d)to encourage, conduct and participate investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution; (e)to collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating, to prevention, control or abatement of water pollution and to organise mass education programmes relating thereto; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  65. 65. (f)to inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this Act; (g)to lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving waters (not being water in an inter-State stream) resulting from the discharge of effluents and to classify waters of the State; (h)to evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to conditions of soils, climate and water resources the peculiar of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution; (i) to evolve methods of utilisation of sewage and suitable trade effluents in agriculture;
  66. 66. (j)to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution; (k)to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents; (l)to make, vary or revoke any order— (i)for the prevention, control or abatement of discharges of waste into streams or wells; (ii)requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any such existing system or to adopt such remedial measures as are necessary to prevent, control or abate water pollution; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  67. 67. (m)to lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents; (n)to advise the State Government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well; (o)to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government. (2) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its functions under this section efficiently, including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  68. 68. CHAPTER V:- PREVENTION AND CONTROL OF AIR POLLUTION 1.Power of State Government to restrict the application of the Act to certain areas. 2.Power to obtain information. 3.Power to take samples of effluents and procedure to be followed in connection therewith. 4.Reports of the result of analysis on samples taken under section 21. 5.Power of entry and inspection. 6.Prohibition on use of stream or well for disposal of polluting matter, etc. 7.Restrictions on new outlets and new discharges. 8.Provision regarding existing discharge of sewage or trade effluent. 9.Refusal or withdrawal of consent by State Board. • Appeals. • Revision. • Power of State Board to carry out certain works. • Furnishing of information to State Board and other agencies in certain cases. 14.Emergency measures in case of pollution of stream or well. • Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells. • Power to give directions. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  69. 69. CHAPTER V I:- FUND, ACCOUNTS AND AUDIT Fund of Board.— (1) Every State Board shall have its own fund for the purposes of this Act and all sums which may, from time to time, be paid to it by the Central Government and all other receipts (by way of contributions, if any, from the State Government, fees, gifts, grants, donations benefactions or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom. (2)(2) Every State Board may expend such sums as it thinks fit for performing its functions under this Act and such sums shall be treated as expenditure payable out of the fund of that Board. Budget.— The Central Board or, as the case may be, the State Board shall, during each financial year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure under this Act, and copies thereof shall be forwarded to the Central Government or, as the case may be, the State Government. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  70. 70. CHAPTER VII:- PENALTIESAND PROCEDURE Failure to comply with directions under sub-section (2) or sub-section (3) of section 20, or orders issued under clause (c) of sub-section (1) of section 32 or directions issued under sub-section (2) of section 33 or section 33A. (1) Whoever fails to comply with the direction given under sub- section (2) or sub-section (3) of section 20 within such time as may be specified in the direction shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  71. 71. (2)Whoever fails to comply with any order issued under clause (c) of sub-section (1) of section 32 or any direction issued by a court under sub-section (2) of section 33 or any direction issued under section 33A shall, in respect of each such failure and on conviction, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. (3)If the failure referred to in sub-section (2) continues beyond a period of one year after the date of conviction, the offender shall, on conviction, be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.] Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  72. 72. CHAPTER VIII:- MISCELLANEOUS 1. Central Water Laboratory. 2. State Water Laboratory. 3. Analysts. 4. Reports of analysts. 5. Local authorities to assist. 6. Compulsory acquisition of land for the State Board. 7. Returns and reports. 8. Bar of jurisdiction. 9. Protection of action taken in good faith. 10. Overriding effect. 11. Power of Central Government to supersede the Central Board and Joint Boards. 12. Power of State Government to supersede State Board. 13. Power of Central Government to make rules. 14. Power of State Government to make rules. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  73. 73. THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981 Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  74. 74. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT,1981
  75. 75. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 ACT No. 14 of 1981 [29th March, 1981.] An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. WHEREAS decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, include the preservation of the quality of air and control of air pollution; AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they relate to the preservation of the quality of air and control of air pollution; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  76. 76. CHAPTERS These are the following chapters under this Act :-  CHAPTER I:-  CHAPTER II:-  CHAPTER III:-  CHAPTER IV:-  CHAPTER V:-  CHAPTER VI:-  CHAPTER VII:- PRELIMINARY CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION POWERS AND FUNCTIONS OF BOARDS PREVENTION AND CONTROL OF AIR POLLUTION FUND, ACCOUNTS AND AUDIT PENALTIES AND PROCEDURE MISCELLANEOUS Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  77. 77. CHAPTER I:- PRELIMINARY Definitions.—Under this Act:- (a)“air pollutant” means any solid, liquid or gaseous substance [(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment; (b)“air pollution” means the presence in the atmosphere of any air pollutant; (c)“approved appliance” means any equipment or gadget used for the bringing of any combustible material or for generating or consuming any fume, gas of particulate matter and approved by the State Board for the purposes of this Act; (d)“approved fuel” means any fuel approved by the State Board for the purposes of this Act; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  78. 78. (e)“automobile” means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel; (f)“Board” means the Central Board or a State Board; (g)“Central Board” means the [Central Pollution Control Board] constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (h)“chimney” includes any structure with an opening or outlet from or through which any air pollutant may be emitted; (i)“control equipment” means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  79. 79. (j)“emission” means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet; (k)“industrial plant” means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere; (l)“member” means a member of the Central Board or a State Board, as the case may be, and includes the Chairman thereof; (m)“occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance; (n)“prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  80. 80. (o) “State Board” means,— in relation to a State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a [State Pollution Control Board] under section 4 of that Act, the said State Board; and in relation to any other State, the State Board for the Prevention and Control of Air Pollution constituted by the State Government under section 5 of this Act. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  81. 81. CHAPTER II :-CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION 1. Central Pollution Control Board.—The Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the Central Pollution Control Board for the prevention and control of air pollution under this Act. 2. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act.—In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a State Pollution Control Board under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of air Pollution constituted under section 5 of this Act, and accordingly that State Pollution Control Board shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the prevention and control of air pollution under this Act. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  82. 82. 3. Constitution of State Boards.— (1)In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not constituted a [State Pollution Control Board] under that Act, the State Government shall, with effect from such date as it may, by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that Board under this Act. (2)A State Board constituted under this Act shall consist of the following members, namely:— (a) a Chairman, being a person, having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government: Provided that the Chairman may be either whole-time or part-time as the State Government may think fit; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  83. 83. (b)such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that Government; (c)such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d)such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which, in the opinion of that Government, ought to be represented; (e)two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  84. 84. (f) a full-time member-secretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Government: Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution. (3) Every State Board constituted under this Act shall be a body corporate with the name specified by the State Government in the notification issued under sub- section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  85. 85. CHAPTER III :- POWERS AND FUNCTIONS OF BOARDS Functions of Central Board.— (1)Subject to the provisions of this Act, and without prejudice to the performance, of its functions under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the main functions of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country. •In particular and without prejudice to the generality of the foregoing functions, the Central Board may— •advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution; •plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution; •co-ordinate the activities of the State and resolve disputes among them; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  86. 86. (d)provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution; (e)plan and organize the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the Central Board may specify; (f)organize through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution; (g)collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution; (h)lay down standards for the quality of air; (i) collect and disseminate information in respect of matters relating to air pollution; (j) perform such other functions as may be prescribed. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  87. 87. (3)The Central Board may establish or recognize a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently. (4)The Central Board may— (a)delegate any of its functions under this Act generally or specially to any of the committees appointed by it; (b)do such other things and perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  88. 88. Functions of State Boards.— (1)Subject to the provisions of this Act, and without prejudice to the performance of its functions, if any, under the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), the functions of a State Board shall be— (a)to plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof; (b)to advise the State Government on any matter concerning the prevention, control or abatement of air pollution; (c)to collect and disseminate information relating to air pollution; (d)to collaborate with the Central Board in organizing the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organize mass-education programme relating thereto; (e)to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  89. 89. (f)to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas; (g)to lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft: Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants; •to advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution; Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  90. 90. (i) to Perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government; (j) to do such other things and to perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act. (2) A State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its functions under this section efficiently. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  91. 91. CHAPTER IV:- PREVENTION AND CONTROL OF AIR POLLUTION 1. Power to declare air pollution control areas. 2.Power to give instructions for ensuring standards for emission from automobiles. 3.3. Restrictions on use of certain industrial plants. 4.Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standard laid down by State Board. • Power of Board to make application to court for restraining person from causing air pollution. • Furnishing of information to State Board and other agencies in certain cases. • Power of entry and inspection. • Power to obtain information. • Power to take samples of air or emission and procedure to be followed in connection therewith. • Reports of the result of analysis on samples taken under section 26.—State Air Laboratory. • Analysts. 12.Reports of analysts. 13.Appeals. 14.Power to give directions Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  92. 92. CHAPTER V :- FUND, ACCOUNTS AND AUDITFund of Board.— (1) Every State Board shall have its own fund for the purposes of this Act and all sums which may, from time to time, be paid to it by the Central Government and all other receipts (by way of contributions, if any, from the State Government, fees, gifts, grants, donations benefactions or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom. (2)(2) Every State Board may expend such sums as it thinks fit for performing its functions under this Act and such sums shall be treated as expenditure payable out of the fund of that Board. Budget.— The Central Board or, as the case may be, the State Board shall, during each financial year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure under this Act, and copies thereof shall be forwarded to the Central Government or, as the case may be, the State Government. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  93. 93. CHAPTER VI:- PENALTIES AND PROCEDURE Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A.— (1) whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section 31A, shall, in respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. (2) If the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  94. 94. CHAPTER VII:- MISCELLANEOUS 1.Power of State Government to supersede State Board. 2.Special provision in the case of supersession of the Central Board or the State Boards constituted under the Water (Prevention and Control of Pollution) Act, 1974. 3.Dissolution of State Boards constituted under the Act. 4.Maintenance of register. 5.Effect of other laws. 6.Power of Central Government to make rules. 7.Power of State Government to make rules. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  95. 95. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Topic: Land Pollution
  96. 96. LAND POLLUTION Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  97. 97. What is land pollution? Land pollution is the destruction of the earth’s land surfaces, often directly or indirectly as a result of human activities and their misuse of land resources. It occurs when waste is not disposed off properly, or can occur when humans throw chemicals unto the soil in the form of pesticides, insecticides and fertilizers during agricultural practices. Exploitation of minerals (mining activities) has also contributed to the destruction of the earth’s surface. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  98. 98. Since the Industrial Revolution, natural habitats have been destroyed, and environments have been polluted, causing diseases in both humans and many other species of animals. Human actions have also caused many large areas of land to lose or reduce their capacity to support life forms and ecosystems. This is know as land degradation. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  99. 99. So we shall see the more about Land and Environmental Pollution, the sources of the pollution, its consequences and a few things we can do to prevent further pollution and protect our environment. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  100. 100. Types of land pollution There are different types of land pollution • Solid Waste • Pesticides and Fertilizer • Chemicals • Deforestation Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  101. 101. Solid Waste • These include all the various kinds of rubbish we make at home, school, hospitals, market and work places. • Things like paper, plastic containers, bottles, cans, food and even used cars and broken electronic goods, broken furniture and hospital waste are all examples of solid waste. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  102. 102. •Some of these are biodegradable (meaning they easily decay into organic matter). Examples include food droppings, paper products as well as vegetation Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  103. 103. •Others are not biodegradable, and they include plastics, metals and aluminium cans, broken computer and car parts Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  104. 104. •Because Solid Waste do not easily decay, they pile up in landfills (a place where all the city’s rubbish are sent), where they stay for thousands of years. These bring great harm to the land and people around it Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  105. 105. • Pesticides and Fertilizer • Many farming activities engage in the application of fertilizers, pesticides and insecticides for higher crop yield. This is good because we get more food • But can you think of what happens to the chemicals that are used on the crops and soils? • Sometimes, insects and small animals are killed and bigger animals that eat tiny animals (as in food chains) are also harmed. Finally, the chemicals may be washed down as it rains and over time, they end up in the water Give rise to Water Pollution. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  106. 106. • Chemicals • Chemical and nuclear power plants produce waste materials that have to be stored somewhere. Fertilizer, insecticides, pesticides, pharmaceuticals manufacturers also produce lots of solid and liquid waste. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  107. 107. •In many cases they are stored in an environmentally safe way, but there are some that find their way into landfills and other less safe storage facilities. Sometimes they also find their way into leaking pipes and gutters. They end up polluting soils and making crops harmful to our health. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  108. 108. • Deforestation • Humans depend on trees for many things including life. Trees absorb carbon dioxide from the air and enrich the air with Oxygen, which is needed for life. Trees provide wood for humans and a habitat to many land animals, insects and birds. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  109. 109. • Trees also, help replenish soils and help retain nutrients being washed away. Unfortunately, we have cut down millions of acres of tree for wood, construction, farming and mining purposes, and never planted new trees back. This is a type of land pollution. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  110. 110. Sources of land pollution. Agricultural sources: These include waste matter produced by crop, animal manure, and farm residues. They also include the chemical left over of all pesticides, fertilisers and insecticides used for agricultural activities Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  111. 111. This includes piles of coal refuse and heaps of slag and underground debris. Mining and forestry activities that clear the land surfaces (clear cutting) and use 'skid trails' often leave the land unrestored . The surface is exposed to erosion which destroys the quality of the land. Mining sources: Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  112. 112. Additionally, iron and other chemicals such as copper, mercury and lead from mining practices leach into the soil, polluting it and leaving it exposed to water bodies as well. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Quarrying and Mining Waste
  113. 113. Sewage Treatment: •Wastes that are left over after sewage has been treated, biomass sludge, and settled solids. Some of these are sent directly to landfills whiles other treatment plants burn them to generate electricity. Both end up polluting the environment. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  114. 114. Construction sources: These include waste like debris, wood, metals and plastics that are produced from construction activities Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  115. 115. : Industrial sources: These include paints, chemicals, metals and aluminum, plastics and so on that are produces in the process of manufacturing goods. Deforestation: This is when trees are cut down for economic purposes, mining, farming and construction. In forests areas, trees absorbed and reflect about 20% of the intense heat from the sun, protecting and preserving its surface soils. Cutting down trees mean that the land is exposed to direct sunlight and rain, resulting in soil erosions, desertification and land degradation Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
  116. 116. Man is to blamed for most of the land degradation. Productive areas is fast reducing because of developmental activities such as human settlement, industries, roads , railways, airports etc. •Urbanization:- Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)

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