NAME- JAHANVI BHARDWAJ
CLASS- BALLB sec B
ROLL NO. – 19231400097
SUBJECT- ENVIRONMENTAL LAW
QUESTIONS 1- A blast occurs in a chemical factory causing damage to the
surroundings of 300 hectares of land resulting in damage to the neighbouring
nations. What provisions of the environmental framework are applicable in the
deliverance of Justice?
ANSWER 1
“ANSWER 1 AND
A Internationally well Known and a Much celebrated Climate law Theory may be
"POLLUTER PAYS Theory." There is no Accepted Meaning of the Phrase. The concept thus
suggests that the polluter must purchase the pollution control administration. The results of
the emissions should be paid by the polluter. The Rio- Declaration, introduced in 1992, also
acknowledges the concept of polluter pay. The Polluter Pays Principle was first introduced in
1972 by the Organization for Economic Cooperation and Development (OECD). The
principle was applied for the primary time in India within the case of Indian Council for
Environment Legal Action v. UOI [2011] The Court held that when the activity carried on is
hazardous or inherently dangerous, the person carrying on such activity is susceptible to
observe the loss caused to the other person by his activity regardless of the actual fact
whether he took charge while carrying on his activity. The rule is premised upon the very
nature of the activity carried on. The Oleum Gas Leak case (M.C. Mehta vs. Union of India)
(1987) The Court laid down that an enterprise engaged in an exceedingly hazardous or
inherently dangerous industry which poses a possible threat to the health and safety of
persons working within the factory and to those residing within the surrounding areas, owes
an absolute and non-delegable duty to the community to confirm that no harm results to
anybody on account of hazardous or inherently dangerous nature of the activity which it's
undertaken. The enterprise is absolutely susceptible to atone for such harm and regardless of
all due care taken on his account. The larger and more prosperous the enterprise, greater must
be the number of the compensation payable for the harm caused on account of an accident
within the carrying on of the hazardous or inherently dangerous activity by the
enterprise. Environment law relies on common law principle, which regulated the full world
to protect the environment. The Supreme Court of India held that in Vellore Citizens' Welfare
Forum vs. Union of India 1996 affirmed that as customary jurisprudence made them as a part
of Indian Law. However, this process remains happening and it's been resulting into
progressive integration of Indian Environment with International Environment Law (1975).
QUESTION 2- The principles of the Judiciary have evolved in India with time
and with the nation’s proactive role in being a signatory to various conventions.
Discuss the principles and the decided cases. Analyse the principles and identify
the grey areas for further improvisations.
ANSWER 2
PRECAUTIONARY PRINCIPLE: The precautionary principle requires that it is easier to
monitor the activity now than to wait for incontrovertible empirical evidence if there is a
reasonable concern that a certain activity could have potentially damaging effects. This idea
is reflected in the RIO DECLARATION, which provides that "threats of significant or
permanent harm" are present. The Precautionary Principle accepts that delaying action until
there is compelling evidence of damage would always mean that averting the threat is then
too expensive or unlikely. In such situations, the usage of the theory facilitates measures to
reduce threats of severe or permanent damage to the environment.
"As stated in Vellore Citizens' Welfare Forum v. Union of India 1996, the Court extended the
·'Precautionary Principle' and held that "environmental policies must foresee, avoid and
combat the causes of environmental degradation.
"The M.C. Anr. and Mehta. Etc vs. Indian Union and Ors. SCR of Etc 1986 (1)
312 "deals with the definition of municipal responsibility. The case is often referred to as the
Oleum Leakage Case. It is a seminal decision in which the Supreme Court of India set down
the principle of total liability. The Court ruled that it was not necessary to allow permission to
carry out any risky industry so close to human habitation, and the industry was moved.
The Court of Highest in 'Damodar Rao v. S.O. Municipal Company AIR 1987 AP 171 kept
that contamination and spoliation of the environment, which is increasingly poisoning and
polluting the atmosphere, should also be deemed a breach of Article 21 of the Constitution of
India.
Kuldip Singh and Sagir Ahmed, the Bench of Judges, ruled that the government breached the
Public Confidence Doctrine in M.C. Mehta vs. Kamal Nath and Ors, respectively. (1996) ».
The State Government of Himachal Pradesh leased a protected forest area on the side of the
Beas River to motels for commercial purposes.
In the case of "Subhash Kumar vs. State of Bihar and Ors., the Right to Pollution Free
Atmosphere was proclaimed to be part of the Right to Life under Article 21 of the
Constitution of India." (1991). The Right to Life is a human right that requires the right to
enjoy the complete enjoyment of pollution-free water and air.
