LL.B.

HONS- 6TH SEM

SUB- ENVIRONMENTAL LAW
UNIT-I
SYLLABUS
1. Introduction; Environment: Meaning. Environment Pollution: Meaning and Issues
ii. Constitutional Guidelines Right to Wholesome Environment: Evolution and Application, Environment
Protection & Public Interest Litigation
iii. Environmental Laws: India and International; Law of Torts; Law of Crimes; Public Nuisance;
iv. Emergence of Environmental Legislations

LECTURE-1
Topic- Environment: Meaning Environment Pollution: Meaning and Issues
YouTube Link-https://youtu.be/2Gt5uPmBO8U
Previous year Questions
Q.1- What is the meaning of environment? (2014)
Q.2- Define the term “pollution”? (2012, 2014)
Q.3- What is Ozone layer? (2014)
Q.4- What are the various types of pollution? (2014)

NOTES-
Meaning and Definition:
 The term environment has been derived from a French word “Environer” means to surround.
 According to section 2(a) of the Indian environment Protection Act,1986 The term ‘environment’
includes ‘water’ , ’air’ and ‘land’, and the interrelationship which exists among and between water ,air
and land and human beings, other living creatures, plants, micro-organisms and property,

 Pollution:
pollution, also called environmental pollution, the addition of any substance (solid, liquid, or gas) or any
form of energy (such as heat, sound, or radioactivity) to the environment at a rate faster than it can be dispersed,
diluted, decomposed, recycled, or stored in some harmless form.
 Ozone layer:
 The ozone layer or ozone shield is a region of Earth's stratosphere that absorbs most of
the Sun's ultraviolet radiation.
 Types of pollution:
 Air pollution
 Air pollution is the introduction of harmful substances in the air that results in detrimental impacts to
the environment and humanity
 2. Water pollution
 Water pollution is the act of contaminating water bodies including rivers, oceans, lakes, streams,
aquifers, and groundwater.
 3. Land Pollution
 Land pollution is the destruction or decline in the quality of the earth’s land surfaces in terms of use,
landscape, and ability to support life forms
 4. Soil Pollution
 Soil pollution takes place when chemical pollutants contaminate the soil or degraded by acts such as
mining, clearance of vegetation cover, or topsoil erosion.
 5. Noise Pollution
 Noise pollution is defined as unpleasant and undesirable sound levels that cause serious discomfort to
all living things. It is measured in decibels (dB).
 6. Radioactive pollution
The radioactive pollution is defined as the physical pollution of living organisms and their environment as a
result of release of radioactive substances into the environment during nuclear explosions and testing of
nuclear weapons.

Assignment

Multiple choice questions-

Definition of Environmrnt is given under of the Indian environment protection act, 1986.
a) section 2(a)
b) section 3(a).

The addition of any substance which harm the environment known as .

a) pollution
b) pollutant.

The Ozone layer is a .

a) shield
b) place.

The environment includes water, air, land and living and things.
a)non-living
b) natural.

 ONE LINER QUESTIONS

what type of pollution does radioactive substance cause?

Mining clearance of vegetation cover, or topsoil erosion cause what type of pollution?

What are the main reasons of pollution?

 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW
UNIT-I
Lecture-2
Topic- Constitutional Guidelines Right to Wholesome Environment
YouTube Link-https://youtu.be/bX2ApshJaF8
previous year Questions
Q.1- Explain right to decent environment (2013)
Q.2- is right to personal liberty includes right to clean environment? (2013, 2014, 2019)

NOTES-
 Environment and Constitution of India:
Global consciousness for the protection of environment in the seventies, Stockholm Conference and increasing
awareness of the environmental crisis prompted the Indian Government to enact 42nd Amendment to the
Constitution in 1976.
 Fundamental duties of the Indian Constitution
 The chapter on fundamental duties of the Indian Constitution clearly enforces the duty on every
resident towards protecting the environment.
 Article 51-A (g), states that “It shall be the duty of every citizen of India to protect and improve
the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living
creatures.”
 Directive Principles
 The Directive principles under the Indian constitution engaged towards ideals of building a welfare
state. Good environment is additionally one of the components of the welfare state.
 Article 47 states that the “State shall regard the raising of the level of nutrition and the standard of
living of its individuals and the improvement of public health as amongst its primary duties.
 The improvement of public health also includes the protection and improvement
of environment without which public health cannot be assured.”
 Article 48 manages with organization of agriculture as well as animal husbandry. It guides the State to
take measures for organizing agriculture and animal husbandry on modern and scientific lines.
Particularly, it should take measures for preserving and improving the breeds and prohibiting the
slaughter of cows and calves and other mulch and draught cattle.
 Article (48-A) of the constitution states that “the state shall endeavor to protect and improve
the environment and to safeguard the forests and wildlife of the country”.

 Fundamental rights
 According to the Article 21 of the constitution states that “no person shall be deprived of his life or
personal liberty except according to procedure established by law”.
 The constitution of India under Article 19 (1) states that (a) read with Article 21 of the constitution
guarantees the right to a decent environment and right to live peacefully.

 Article 19 (1) (g) of the Indian constitution presents fundamental right on every inhabitant to practice
any profession or to carry on any occupation, trade or business. This is subjected to reasonable
restrictions. A resident cannot carry on business activity if it is health hazards to the society or the
general public. Thus safeguards for environment protection are inherent in this.
 Assignment

 ONE LINER QUESTIONS

Which amendment added the provision related to the environment in the Indian constitution?

Which article states that “it shall be the duty of every citizen of India to protect and improve the natural
environment”?

In which year Stockholm conference was held?

Which article of Indian constitution states that the state shall endeavor to protect and improve the
environment?

Article 51A(g) is a fundamental right or duty?

Which article of Indian constitution states that “no person shall be deprived of his life or personal liberty
except according to procedure established by law”.

Q.7- How many article of Indian constitution are related to environment?

Q.8- is right to personal liberty includes right to clean environment

 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW
UNIT-I
Lecture-3
Topic- Environment Protection & Public Interest Litigation
YouTube Link-https://youtu.be/bAKdF0LS34U
previous year Questions
Q.1- What is public interest litigation? (2013)
Q.2- What do you mean by environment protection? (2012, 2019)

NOTES-

 PIL Stands for Public Interest Litigation and as the name suggests, the cases under this category are filed
for the good of the society at large i.e., the public interest.
 The concept of PIL in India was introduced in the year 1979 wherein, the rights of under-trial prisoners
and the inhuman conditions of the prisoners was discussed by the court in the case of Hussainara
Khatoon Vs. Union of India (1979 AIR 1369, 1979 SCR (3) 532).
 A PIL can be filed with respect to the Environmental degradation under the following
circumstances:

 Causing Environmental Pollution in any form which is likely to cause harm to the public.
 Causing violation of the basic Human rights of the poor by disregarding them. For e.g. if a farming
land has been taken away from a farmer and not being paid proper compensation for the same.
 Default in duty by the municipal corporations or the panchayats like not taking proper care of the
water and sanitation facilities in the locality.
 If there is a conflict between the religious rights and the environmental issue arises due to the same.
For e.g. use of loudspeakers in the temples or mosque creating noise pollution.
 A perfect example is the case of M. C. Mehta v. UOI,(AIR 1987 SC 1086) .
 An oleum gas leak at an industrial plant in the capital city of Delhi in the year 1985 had led to the death
of a person and had raised serious health issues in the general populous.
 In this case, the Supreme Court had introduced the doctrine of ‘Absolute Liability’ on the user of
hazardous material, thereby eroding the possibility of the offending party taking any defense to wriggle
out of its accountability.
 This rule was evolved from the established principle of ‘strict liability’.
 Assignment

 Multiple choice questions-

Q.1In which year the concept of PIL was introduced in
India?a)1979 (b)1989

Q.2Who can file a PIL in court?

a) Only officers
b) Any person

Q.3In which circumstances a PIL can be filed?

a) On the basis of human rights
b) On the basis of monetary loss of any person

Q.4The doctrine of Absolute liability was given in the case of

a) M.C.Mehta vs. union of India
b) bashudev vs. state of bihar

Q.5 A PIL can be filed on the degradation of environment

a) Yes
b) No

 ONE LINER QUESTIONS

Q.1- What is public interest litigation?

Q.2- What do you mean by environment protection?
Q.3- What is the rule of absolute liability?
Q.4- What is global-worming?
Q.5- why environment protection is important?
 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW
UNIT-I
Lecture-4
Topic- Environmental Laws: India and International; Law of Torts; Law of Crimes; Public Nuisance
Youtube Link- https://youtu.be/ifUF42pmuuI
Previous year Questions
Q.1- What is public Nuisance? (2014)

NOTES-
 Why use tort law for environmental pollution related remedies?
 The statute that exists against environmental pollution is the Environmental Protection Act, 1986. This
act was enacted after the unfortunate and gruesome case called the Bhopal Gas Tragedy.
 Environmental pollution under tort law
 Nuisance,
 Trespass,
 Negligence, and
 Strict Liability.

 Public nuisance:
 Public nuisance is caused when the action of one affects many individuals or affects a community at
large. It is an act or omission that affects the health, safety, and/or the dignifiable standard of living of
many people at once.
Cases: Ram Lal vs Mustafabad Oil And Cotton Ginning(1968):

 Trespass:
 Trespass is an unlawful interference with one’s property.
 Trespass is entering someone’s property by breaching its boundaries without the owner’s permission.
Thus to claim trespass:
Cases: Fairview Farms, Inc. v. Reynolds Metals Company(1959),

 Negligence:
 Due to a lack of exercise of due obligation and failure to fulfill their duty to take care, the damage is
caused to another party.
 This act/omission to not take reasonable care is called negligence.
Cases: Hagy v. Allied Chemical & Dye Corp(1953).

 Strict Liability
 Tort law also constitutes the Doctrine of Strict Liability.
 Strict liability means that a person has to show that he/she did not voluntarily participate in the said
incident as a result of their own actions.
 The Doctrine of Strict Liability is also known as liability without fault.
 A person who brings upon himself perils through his own negligent actions is not awarded damages.
Cases: Rylands v. Fletcher(1868).

Assignment
  Multiple choice questions-
Which one is related to Tort?
a) Nuisance
b) Negligence
c) both

The doctrine of strict liability also known as

a) liability without fault
b) Absolute liability

Unlawful interference in one’s property known as

a) Trespass
b) Negligence

 ONE LINER QUESTIONS

Q.1- What is public Nuisance?
Q.2- Discuss the main conventions related to the environment protection?
Q.3- What is trespass?
Q.4- Write the connection between negligence and environment?
Q.5- What is strict liability?
 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW
UNIT-I
Lecture-5
Topic- Emergence of Environmental Legislations
YouTube Link-https://youtu.be/plD-WbHiA68
Expected Short Questions
Q.1- What is the role of legislation in environment protection?
Q.2- Explain the legislative provisions related to environment protection?

NOTES-

 Legislative powers and matters of environmental protection

 Under the Indian Constitution, there are three types of lists, namely- Union, state and concurrent.
 Power of dealing with the matters of the concurrent list (list III) is shared between both the state and
central government.
 It covers matters like protection of forests, wildlife, conserving mines, population control etc. But in
the instance of conflict, the decision of the central government prevails.
 In an instance of passing state laws subsequent to the central laws, for it to prevail, requires a
Presidential assent first as in accordance with Article 254.

 International Environmental Agreements

 A plethora of international agreements dealing with environmental protection have been made and
India has been a signatory to it.
 At the Stockholm declaration in 1972, it was held that the world has one environment. India being a
signatory to such international pacts is under an obligation to translate those provisions and follow
them in the country.
 This has been clearly stated in Article 51(c) of the Indian constitution that state shall foster respect for
international law and the obligations of the treaties.
 Another essential provision dealing in protecting the environment is Article 253 of the Constitution
which empowers the Parliament of our country to make laws which can be applicable to the whole or
any territory of the country for implementing any agreement or convention signed with the other
country or countries.
 Parliament can further legislate to implement decisions taken at any conference on an international
level.
 Any provision made in the context of environmental protection in accordance with Article 253 read
with articles 13 and 14 cannot be questioned before the court of law on the grounds of no legislative
competence.
 With the use of this power, it is pertinent to know that Parliament has enacted Air ( Prevention and
Control of Pollution) Act 1981, and Environment Protection Act, 1986.
 accepted principle of law. Thus, it was considered essential to follow international laws by the
domestic courts of law.
 Assignment

 Multiple choice questions-

Q.1The list which gives power to the state to deal with the matters related with the state is
a) State list
b) Union list

Q.2The list which gives power to the union to deal with the matters related with the state is
a) State list
b) Union list

Q.3The legislative provisions are given under

articlea) 253
b) 321

 ONE LINER QUESTIONS

Q.1- what is legislation?
Q.2- What is the role of legislation in environment protection?
Q.3- Who has the power to make laws related to environment protection?
Q.4- Explain the legislative provisions related to environment protection?
Q.5- Explain art.253 in context of Environment .
 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW
UNIT-II
SYLLABUS
i. The Water (Prevention and Control of Pollution) Act, 1974.
ii. Water Pollution: Definition Central and State Pollution Control Boards: Constitution, Powers and
iii. Functions Water Pollution Control Areas, Sample of effluents: Procedure; Restraint Order, Consent
requirement: Procedure, Grant/Refusal, Withdrawal, Citizen Suit Provision
iv. Air (Prevention and Control of Pollution) Act, 1981

LECTURE-1
Topic- The Water (Prevention and Control of Pollution) Act, 1974
YouTube Link-https://youtu.be/q92eJgs2wJo
Expected Questions
Q.1- Discuss the aims and objects of the water ( prevention and control of pollution) act, 1974?

NOTES-

 The Water (Prevention and Control of Pollution) Act, 1974 the first of a series of legislation passed by the
Government of India pertaining to regulation of environmental aspects in the country. 
 Rising water pollution due to industrial and domestic activities became a cause of concern, leading to the
enaction of this legislation.
 Aim of the Water Act

 To prevent and control water pollution.

 To maintain “wholesomeness” of water, i.e. to maintain the qualities of water so that its
consumption and use by living organisms is not hampered.
 To establish State Boards for prevention and control of pollution, which gets subsumed by the
Air Act, passed in 1981.
 To empower the Boards for prevention and control of pollution.
 To provide penalties for breaking the rules of the provisions under this Act.
 To establish state water testing laboratories and develop its protocols.

 Salient features of the Water Pollution Act

 Section 3 and Section 4: Constitution of the Central Pollution Control Board and State
Pollution Control Boards, respectively, are provided the authority to exercise the powers
conferred to them under this Act.
 Section 13: Constitution of a Joint Board.
 Section 16: Functions of the Central Board are described
 Section 17: Functions of the State Board are described,
 Section 19: If the State Board feels that the provisions of this Act need not apply to some parts
of the State, it may recommend the State Government to do so.
 Section 20: This section provides power to the State Board to appoint person(s) on its behalf to
take surveys of any area and gauge and keep records of flow, volume and other characteristics of
streams and wells to perform its functions dutifully.
 Section 33: This section gives power to the Boards to appeal to the courts to restrict certain
actions, if it feels that it is likely to cause harm to water resources in an area. The court has the 
  power to decide for or against such an application.
Assignment

 ONE LINER QUESTIONS

Q.1- When was the water (prevention and control of pollution) act passed?
Q.2- How many chapters and sections are in water act?
Q.3- Which bill provides details for the regulation and control of ground water?
Q.4- Name international convention on water pollution.
Q.5- Which states have implemented ground water legislation?
Q.6- Are there any guidelines for the repair renovation and restoration of water bodies?

 Multiple choice questions-

Q.1On which date did the president give an assent of Water Act 1974 ?

A) 9 April 1974
B) 11 March 1974
C) 21 May 1974
D) 23 March 1974

Q.2Which section of Water act 1974deals with the Vacancy in Board not to invalidate acts or proceedings?

A. Section 12 of Water act 1974

B. Section 11 of Water act 1974
C. Section 14 of Water act 1974
D. Section 20 of Water act 1974

Q.3Which section of Water act 1974 deals with Functions of Central Board ?
A. Section 16 of Water act 1974
B. Section 14 of Water act 1974
C. Section 13 of Water act 1974
D. Section 18 of Water act 1974

Q.4Section 25 of Water act 1974 deals with ?

A. Restrictions on new outlets and new discharges
B. Power of State Board to carry out certain works
C. Penalty for certain acts
D. Offences by companies

 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW
UNIT-II
LECTURE-2
Topic- Water Pollution: Definition Central and State Pollution Control Boards: Constitution, Powers
YouTube Link-https://youtu.be/t1eCDBeQCTc
Previous year Questions
Q.1-What is trade effluent ?(2014)
Q.2- Explain the powers of state board (2012, 2013, 2014,
Q.3- What is sewage effluent? (2019)

NOTES-
 Const
itution Of Central Board
According to Section-3, the Central Board shall consist of the following members:

 A full time Chairman (to be nominated by the Central Government) having knowledge or practical
experience in matters related to environmental protection or having knowledge and experience in
administration of institutions dealing with aforesaid matters.
 Not more than five officials nominated by the Central Government.
 Not more than five persons nominated by the Central Government from amongst the members of State
Boards.
 Not more than three non-officials nominated by the government to represent interests of agriculture,
fishery, agriculture-trade etc.
 Two persons nominated by the government to represent the companies or corporations owned by the
Central Government.
 One full time Member-Secretary (to be appointed by the Central Govt.) having knowledge and
experience of scientific engineering or management aspects of pollution control.

 Constitution Of State Boards

 Under Section-4, of the State Pollution Control Board may be constituted having the same constitution
as the Central Board.

 Constitution Of Joint Boards

 According to Section-13 of the Act, under agreement between two or more contiguous States, Joint
Boards may be constituted for those states, by the Central or State Governments. 
 Assignment

 Multiple choice questions-

In which section of water act the constitution of joint board is mentioned?
a) sec. 13
b) sec. 15

In which section of water act Sthe constitution of state board is mentioned?

a) sec. 4
b) sec. 6

In which section of water act the constitution of central board is mentioned?

a) sec. 3
b) sec. 5

How many officials are nominated by the Central Government in joint board?
a) 3
b) 5

How many officials are nominated by the Central Government in state board?
a) 3
b) 5

 ONE LINER QUESTIONS

Who has the power to make laws under water act 1974?

In how many chapters does the water act 1974 consists?

Who has control over joint board under water act1974?

 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW
UNIT-II
LECTURE-3
Topic- Water Functions Water Pollution Control Areas, Sample of effluents: Procedure; Restraint Order
Consent requirement: Procedure, Grant/Refusal, Withdrawal
YouTube Link- https://youtu.be/1KZTsujozzo
Previous year Questions
Q.1- What are the functions of central board? (2012, 2014, 2019)
Q.2- What is the procedure for collecting the sample under water act, 1974? (2019)

NOTES-

 Functions Of The State Board

According to Section-17, the following are the functions of the State Board:

 Planning a comprehensive programme for prevention, control and abatement of pollution of streams and
wells.
 Advising the State Government regarding water pollution control or location of industries.
 Conducting and encouraging investigations and research relating to different aspects of water pollution.
 To collaborate with the Central Board for training personnel for handling water pollution programmes
and organising related mass education programmes.
 Inspecting trade effluents and waste water treatment plants.
 Prescribing effluent standards for the sewage and trade effluents.
 Evolving economical and reliable methods of disposal, treatment and reuse of waste water (in
agriculture).
 Laying down the standards of treatment of sewage and trade effluents to be discharged into any stream.
 Making, varying or revoking any order for preservation or control of discharge of waste into streams and
wells or construction of systems for disposal of effluents.
 Establishing or recognising laboratories for analysis of samples.
 Performing such functions as may be entrusted by Central Board or State governments.

 Powers Of The State Government

According to Section-19, the following are the powers of state government:

 Power to obtain information

According to Section-20, the State Board may make surveys, take measurements or obtain information
for purpose of performing functions under this Act. Failure to comply with any directions under the
Section is a punishable offence under subsection (1) of Section-41.
 Power to take samples
Under Section-21(1) A, the State Government has the power to take samples of water of any stream or
well or any effluent being discharged into such a stream or well, for analysis. Under Section-22(4), the
State Board further has the power to obtain a report of the result of the analysis by a recognised
laboratory.
 Power of entry and inspection
According to Section-23, the State Board is empowered by the State Govt., with the right to enter any
place for the purpose of performing any of the functions entrusted to it.
 Power of Prohibition on Disposal of Polluting Matter into a Stream or Well
  Functions Of The Central Board
 To promote cleanliness of streams and wells in different areas of the state.
 To advise the Central Govt, on matters concerning the prevention and control of water pollution.
 To co-ordinate the actions of the State Board and resolve disputes among them.
 To provide technical assistance and guidance to the State Boards to carry out research in prevention and
control of water pollution problems.
 To organize training of persons engaged in pollution control.
 To organise comprehensive programme for pollution control through mass media.
 To lay down standards for streams or wells.
 To prepare manuals, codes or guides for treatment and disposal of sewage and trade effluents.
 To establish or recognise laboratories for analysis of water samples from any stream, well or trade
effluents.

Assignment

 Multiple choice questions-

Q.1- In which sec. the function state board is mentioned?
a) sec. 17
b) sec. 18

Q.2- In which sec. the function central board is mentioned?

a) sec. 13
b) sec. 16

Q.3- According to which section the state government has power to take samples?
a) sec.21
b) sec.22

 ONE LINER QUESTIONS

Q.4- What is water pollution control areas?
Q.5- What is restraining order?
Q.6- What do you mean by refusal?
Q.7- Who is occupier under water act?
Q.8- How many section does water act have?
 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW
UNIT-II
LECTURE-4
Topic- Citizen Suit Provision
YouTube Link- https://youtu.be/W1xTb61mJ_s
Previous year Questions

Q.1- What do you mean by citizen suit provision? (2013)

Q.2- What is citizen suit provision in India? (2014)
Q.3- Right to pollution free environment is a Fundamental Right or not If yes name the cases in which it was
explained?(2013, 2014, 2018)

NOTES-

 CITIZEN SUIT PROVISION- MEANING

 A citizen suit is a lawsuit by a private citizen to enforce a statute.
 Citizen suits are particularly common in the field of environmental law.
 Citizen suits come in three forms. First, a private citizen can bring a lawsuit against a citizen,
corporation, or government body for engaging in conduct prohibited by the statute.
 Second, a private citizen can bring a lawsuit against a government body for failing to perform a non-
discretionary duty.
 “This third type of citizen suit is analogous to the common law tort of public nuisance”

 Case list

 Municipal Council, Ratlam Vs. Shri Vardhichand - Water pollution case, Ratlam
 M.C. Mehta Vs. Union of India - Ganga Pollution Case
 M. C. Mehta Vs. Kamal Nath & Ors - The diversion of river Beas case
 Samit Mehta Vs. Union of India – Marine Pollution case due to ship sinking
 Subhash Kumar Vs. State of Bihar - Bokaro River Pollution Case
 Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh & Ors - Dehradun Valley Litigation
 Almitra H. Patel & Ors. Vs. Union of India - Municipal garbage disposal case
 Assignment

 Multiple choice questions-

Q.1- the first person who filed environmental citizen suit?
a) M.C. Mehata
b) Menaka Gandhi

Q.2- A citizen suit is a lawsuit which is filed to enforce a statute, by

a) private citizen
b) government

Q.3- The ganga case is also known as

a) M.C. Mehta Vs. Union of India
b) Dehradun case

 ONE LINER QUESTIONS

Q.4- How is citizen suit is different from PIL?
Q.5- How we as a citizen can protect our right of clean environment?
Q.6- Under which law a citizen is entitled to file an environmental suit?
 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW
UNIT-II
LECTURE-5
Topic- Air (Prevention and Control of Pollution) Act, 1981, Air Pollution: Definitions
YouTube Link- https://youtu.be/0Vszm8Pj1uY
Previous year Questions
Q.1- Who is an Occupier under the air act 1981? (2014)
Q.2- What is air pollutant? (2018)
Q.3- Discuss the aims and objects of the air (prevention and control of pollution) act, 1981? (2012)

NOTES-
 The Air (Prevention and Control of Pollution) Act of 1981, or the Air Act, in short, was a law passed by
the Parliament of India to prevent and control the harmful effects of air pollution in India.
 This act is seen as the first concrete step taken by the government of India to combat air pollution.
 about the Air Act 1981

 A study has been released in the Lancet Journal in January 2021 about air pollution and its effects on
pregnancy. According to the report, air pollution in India increases the risk of pregnancy losses in
India and a few other nations in South Asia.
 India cities of Delhi, Kolkata and Mumbai make in the list of top 10 world’s most polluted cities. It
has been reported in the recent IQAir’s World Air Quality Report.
 The issue of stubble burning is a recurrent topic in the news.
 Environment Conventions and Protocols
 The effects of climate change caused by all forms of pollution became all too apparent in the early
1970s.
 To mitigate their harmful effects it was believed that nations would need to pass their own laws.
 Thus during the United Nations General Assembly on Human Environment held in Stockholm in June
1972, a resolution was passed which implored the nations of the world to preserve natural resources
such as air.
 India itself had issues regarding air pollution due to a wide variety of factors such as stubble
burning, improper industrial practices, environmental factors etc.
 To combat these factors a special law was enacted under the Constitution of India, which was the Air
(Prevention and Control of Pollution) Act of 1981.

 definitions under the Air Act

 Section 2(a) defines an ‘air pollutants’ as any solid liquid or gaseous substance which may cause harm
or damage the environment, humans, plants, animals or even damage property. A 1987 amendment to
the act also added ‘noise’ in the list of harmful substances. 
 The air act defines ‘air pollution’ as the presence of any dangerous pollutant that makes the air
unbreathable
 Assignment

 Multiple choice questions-

Q.1- In which year the air act bill was passed?
a) 1980
b) 1981

Q.2- How many chapters are in the air act?

a) 5
b) 7

Q.3- How many sections are in the air act?

a) 54 sections
b) 56 sections

 ONE LINER QUESTIONS

Q.4- what do you mean by air pollution?
Q.5- When was the air (prevention and protection of pollution) act passed by the legislation?
Q.6- Which Act is known as umbrella act?
Q.7- How air pollution harms the environment?
 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW
UNIT-II
LECTURE-6
Topic- Central and State Pollution Control Boards: Constitution, Powers and Functions.
YouTube Link- https://youtu.be/wNx7lBBN4ag
Previous year Questions
Q.5- What is the procedure for collecting the sample? (2019)

NOTES-
 Section 3 of the Water (Prevention and Control of Pollution) Act, 1974 explains the constitution of the
Central Pollution Control Board-
 It shall have a full-time Chairman, having special knowledge and practical expertise in matters of
environmental protection and having knowledge and experience in administering institutions dealing
with such matters. This Chairman will be nominated by the Central Government.
 It shall have a full-time Secretary, who shall have the qualifications, knowledge and experience of
scientific, engineering and management aspects of environmental protection. The Secretary will be
appointed by the Central Government.
 It shall have not more than five officials nominated by the Central Government to represent that
Government.
 It shall not have more than five members nominated by the Central Government, chosen from among
the members of the State Boards.
 It shall not have more than three officials who represent the interests of the fishery, agriculture, or
any other industry or trade, which the Government may think fit to be represented.
 It shall have 2 persons from the companies or corporations, owned, managed or controlled by the
Central Government, nominated by that Government.

 Section 5(2) of the Act explains the constitution of a State Board-

 A person, nominated by the State Government, who has special knowledge and practical experience
of dealing with issues related to environmental protection, shall serve as the Chairman of the State
Pollution Control Board. This Chairman may be whole-time or part-time. This decision will be left to
the discretion of the State Government.
 The Board shall further constitute of not more than five officials, nominated by the State
Government, to serve as representatives of that Government.
 Not more than five people from the local authorities, nominated by the State Government.
 Not more than three officials nominated by the State Government, who are believed to be
representing the interests of the industries of fishery, agriculture or any other industry or trade which
the Central Government thinks ought to be represented.
 Two persons from companies or corporations owned, managed or controlled by the State
Government, and are nominated by that State Government.
 Assignment

 MULTIPLE CHOICE QUESTIONS-

Q.1- How many boards are set up under air act 1981?
a)2
b)3

Q.2- which sec. of the Act explains the constitution of a State Board?
a) sec. 5(1)
b) sec. 5(2)

Q.3- which sec. of the Act explains the constitution of Central Pollution Control Board ?
a) sec. 2
b) sec. 3

 ONE LINER QUESTIONS-

Q.4- What boards are set up under air act 1981?

Q.5- In which section central pollution control board is constituted under the air act 1981?
Q.6- When a board can made application to court for restraining a person from causing air pollution?
Q.7- What is vehicular pollution case?
Q.8- Name the sections under which powers and functions of the pollution control board are mentioned?
 LL.B. HONS- 6TH SEM
SUB- ENVIRONMENTAL LAW

UNIT-II
LECTURE-7
Topic- Noise Pollution Control Order, 2000 d. Land Pollution
YouTube Link- https://youtu.be/KoS9NqCSE4c
https://youtu.be/N57Mwh1Kf0E
Previous year Questions
Q.1- What is the definition the Noise pollution (2014)
Q.2- What are the causes of noise pollution? (2014)

NOTES-

 Sources of noise pollution

 street traffic sounds from cars, buses, pedestrians, ambulances etc. 
 construction sounds like drilling or other heavy machinery in operation 
 airports, with constant elevated sounds from air traffic, i.e. planes taking off or landing 
 constant loud music in or near commercial venues 
 industrial sounds like fans, generators, compressor, mills
 train stations traffic
 events involving fireworks, firecrackers, loudspeakers etc. 

 Human Diseases Caused by Noise Pollution

 Hypertension
 Hearing loss
 Sleep disturbances
 Child development.
 Dementia
 Psychological dysfunctions

 Permissible noise level in India

 In industrial areas, the permissible limit is 75 dB for daytime and 70 dB at night.
 In commercial areas, it is 65 dB and 55 dB, while in residential areas it is 55 dB and 45 dB during
daytime and night respectively.
 , state governments have declared ‘silent zones’ which includes areas that lie within 100 meters of the
premises of schools, colleges, hospitals and courts. The permissible noise limit in this zone is 50 dB
during the day and 40 dB during the night.
 Laws
 Earlier, noise pollution and its sources were addressed under the Air (Prevention and Control of
Pollution) Act, 1981.
 They are now, however, regulated separately under the Noise Pollution (Regulation and Control) Rules,
2000.
 Assignment

 MULTIPLE CHOICE QUESTIONS-

Q.1- Which human Diseases is caused by noise pollution?

a) Hypertension
b) Hearing loss

Q.2- In industrial areas, the permissible limit is dB for daytime?

a) 75
b) 80

Q.3- Which act use to govern noise pollution also?

a) water act
b) air act

 ONE LINER QUESTIONS-

Q.4- What are the effect of noise pollution?

Q.5- What is land pollution?
Q.6- What are the causes of land pollution?
Q.7- What are the effect of land pollution?
Q.8- Explain WHO recommended noise levels?
Q.9- What are the category wise noise pollution standers set by the noise pollution control order 2000?
 LL.B. (Hons.) VI SEMESTER
SUBJECT- Environmental Laws, Forest Laws & Animal Protection Laws

UNIT III
Environmental Law, Forest & Wildlife

SYLLABUS
i. Environmental (Protection) Act, 1986: Environment, Environment Pollutant, Environment Pollution‟
ii. Powers and Functions of Central Govt.
iii. Important Notifications U/s 6: Hazardous Substance Regulation, BioMedical Waste Regulation and Coastal
Zone Management, Environment Impact Assessment, Public Participation & Citizen Suit Provision
iv. Laws Related to Forest: Forest Act, 1927. Kinds of forest – Private, Reserved, Protected and Village Forests
The Forest (Conservation) Act, 1980 iv. Forest Conservation vis-a visTribals‘ Rights
v. The Wild Life (Protection) Act, 1972: Authorities to be Appointed and Constituted under the Act. Hunting of
Wild Animals. Protection of Specified Plants. Protected Area. Trade or Commerce in Wild Animals, Animal
Articles and Trophies; Its Prohibition

LECTURE I
TOPIC: ENVIRONMENT (PROTECTION) ACT,1986
VIDEO LINK- https://www.youtube.com/watch?v=o-WpeyGlV9Y&authuser=0
PREVIOUS YEAR QUESTIONS
1. Discuss the main features of the Environment protection Act,1986 with respect to
prevention, control and abatement of environmental pollution (2013, 2014)
2. Discuss in brief the powers of Central Government under the Environment (Protection)
Act, 1986. (2012, 2014)
3. What are powers of the Central Government to take samples under the Environment
(Protection) Act, 1986? (2014)
NOTES
 The Environment (Protection) Act (EPA) was enacted in 1986 with the objective of
providing the protection and improvement of the environment.
 It empowers the Central Government to establish authorities charged with the
mandate of preventing environmental pollution in all its forms and to tackle specific
environmental problems that are peculiar to different parts of the country.
 The roots of the enactment of the EPA lies in the United Nations Conference on the
Human Environment held at Stockholm in June, 1972 (Stockholm Conference), in
which India participated, to take appropriate steps for the improvement of the human
environment.
 The EPA Act was enacted under Article 253 of the Indian Constitution which
provides for the enactment of legislation for giving effect to international agreements.
 Under Section 5 and 6, the Central government is also empowered to:
o Plan and Execute a nation-wide programme for the prevention, control and
abatement of environmental pollution.
o Lay down standards for the quality of environment in its various aspects.
o Lay down standards for emission or discharge of environmental
pollutants from various sources.
o The restriction of areas in which any industries, operations or processes or
class of industries, operations or processes shall/ shall not be carried out
subject to certain safeguards.
  The central government has the power to direct:
o The closure, prohibition or regulation of any industry, operation or process.
o The stoppage or regulation of the supply of electricity or water or any other
service.
 Powers of Entry and Inspection: Any person empowered by the Central Government
shall have a right to enter (with the assistance deemed necessary) at any place:
o For the inspection of compliance of any orders, notifications and directions
given under the Act.
o For the purpose of examining (and if required seizing) any equipment,
industrial plant, record, register, document or any other material object may
furnish evidence of the commission of an offence punishable under this Act.
 Under Section 11 the Central government has the power to take samples for the
purpose of analysis, samples of air, water, soil or other substance from any factory,
premises or other place.

ASSIGNMENT
Q. 1 The world as World Environmental day is celebrated on:
A. June 5 B. December 1
Q. 2 The Environment Protection was passed in
Q. 3 The provisions of environmental protection in the constitution were made under
Q. 4 The Environmental (Protection) Act was enacted in the year
 UNIT III
LECTURE II
TOPIC: INDIAN FOREST ACT,1927
VIDEO LINK- https://www.youtube.com/watch?v=MFL
https://www.youtube.com/watch?v=MFLnUqAmxQ&authuser=0
nUqAmxQ&authuser=0
https://www.youtube.com/watch?v=W9qAVSeZxJI&authuser=0

PREVIOUS YEAR QUESTIONS

1. Discuss the special features of the Indian Forest Act, 1927 (2013, 2014)
2. Discuss in brief the powers of State Government regarding reserve forests and protected
forests under Indian Forest Act, 1927 (2012, 2014)
3. Discuss the power to reserve forest under the Indian Forest Act, 1927? (2014)
NOTES
 The Indian Forest Act,1927 aimed to regulate the movement of forest produce, and duty
leviable forest produce.
 It gives power to the government of declaring an area as Reserved Forest, Protected
Forest or a Village Forest for their effective usage for the colonial purpose.
purpose.
 The Forest Settlement Off
Office
ice is appointed, by the State government, to inquire into
and determine the existence, nature and extent of any rights alleged to exist in
favour of any person in or over any land comprising a reserved forest.
 Under Section 4 State Government has the power
power to constitute any land a reserved
forest.
 It regulates movement and transit of forest produce, and duty leviable on timber and
other forest produce.
 Under 29 the State Government may declare the provisions of this Chapter applicable
to any forest-land or waste
waste-land which is not included in a reserved forest, but which is
the property of Government, or over which the Government has proprietary rights, or
to the whole or any part of the forests produce of which the Government is entitled.

ASSIGNMENT
Q. 1 ‘Van Panchayats’ are a hybrid model representing state ownership and community
responsibility

True

False
Q. 2 The Indian Forest Act 1927 classifies forests as:
 Reserve Forest and Protected Forest

Reserve Forest, Village Forest and Protected Forest

Q. 3 Section 2 of Forest (Conservation) Act, 1980 mandates that, for the use of forest land for
non-forest purposes by any authority, prior approval of the is required

State Government

Local Authority

Central Government
Q. 4 Under the Forest Rights Act, 2006, a clearance for the conversion of forest lands for
developmental projects must be given by:

State Government

Central Government

National Green Tribunal

Gram Panchayat
Q. 5 The rights vested with Forest dwellers are recognised by the Forest Rig
Rights
hts Act, 2006 as:

Heritable and transferable

Heritable and non-alienable.

alienable.

Heritable, non-alienable
alienable and non
non-transferable

Non-heritable
 UNIT III
LECTURE III
TOPIC: WILDLIFE (PROTECTION) ACT,1972
VIDEO LINK- https://www.youtube.com/watch?v=A0MpuCtHeus&authuser=0
https://www.youtube.com/watch?v=lATLxKz_kUc&authuser=0

PREVIOUS YEAR QUESTIONS

1. Write a short essay on the powers and functions of the Authorities under the WildLife
(Protection) Act,1972. (2013)
2. Discuss in brief the constitution and functions of National Board for Wildlife under
Wildlife(Protection) Act,1972 (2014)
3. Describe the provisions given in relation to restriction on entry in sanctuary under the
wildlife ProtectionAct,1972. (2014)
4. Discuss the salient features of Wildlife(Protection)Act,1972. (2018)

NOTES
 The Indian Parliament enacted the Wildlife (Protection) Act in 1972, which provides
for the safeguard and protection of the wildlife (flora and fauna) in the country.

 Article 48A and Article 51A are Constitutional Provisions which puts obligation
on state and individuals to protect and improve the environment and safeguard
wildlife and forests. .
 The Act provides for the formation of wildlife advisory boards, wildlife wardens,
specifies their powers and duties, etc.
 The Act prohibited the hunting of endangered species.
 National Board for Wildlife is an advisory board that offers advice to the central
government on issues of wildlife conservation in India.
 There are five types of protected areas as provided under the Act namely
Sanctuaries, National Parks, Conservation Reserves, Tiger Reserves and
Community Reserves
 ASSIGNMENT
Q. 1 To be declared as a National Park, a previous stage of being declared as a ‘sanctuary’ is
required under the Wildlife Protection Act of 1972:

True

False

Partially True

Partially False
Q. 2 The Wildlife Protection Act of 1972 contains the following categories of Wildlife
Wild area:

Games Reserve and Closed Area

National Parks and Sanctuaries

National Park, Sanctuary, Games Reserve and Closed Area

National Parks and Wildlife habitat

Q. 3 Under Section 36A of the Wildlife Protection Act of 1972, Conservation Reserves are
created to act as:

Ecological units

Special Wildlife zones

Buffer Zones

Dwelling units of forest-dwellers

dwellers
Q. 4 Which of the following is not constituted by the Wildlife Protection Act of 1972:

National Ganga Council

Tiger and Other Endangered Species Crime Control Bureau

National Tiger Conservation Authority

Central Zoo Authority

 LL.B. (Hons.) VI SEMESTER
SUBJECT- Environmental Laws, Forest Laws & Animal Protection Laws
UNIT IV
SYLLABUS International Environment Law & Issues
i. Introduction to International Environmental Laws: Environmental Law: Human Rights Perspective, Stockholm
Declaration: Brief overview, . Rio-Declaration: Brief Overview iv. Important Doctrines: Sustainable
Development– Meaning and Scope Precautionary Principle: Polluter pays Principle-Public Trust Doctrine,
UNEP, Climate Change Mitigation.
ii.National Green Tribunal: Constitution, Functions and Powers

LECTURE I
TOPIC: Environmental Law: Human Rights Perspective, Stockholm Declaration
VIDEO LINK- https://www.youtube.com/watch?v=50eAnLg8ZQ8
PREVIOUS YEAR QUESTIONS
1. Discuss the Stockholm Declaration with respect to human rights?
2. What was the impact of Stockholm Declaration on India?
3. Discuss the enactments made by Parliament to implement principles of Stockholm
Declaration?
NOTES

 The right to a clean environment is a fundamental right under Article 21.

 In the international scenario, the United Nations conference on the human environment
or popularly known as the Stockholm Convention was the first major UN meeting to
deal with environmental issues and to declare that the right to live in a healthy
environment as a basic right.

 The Stockholm Convention was held in Sweden from June 5-16, 1972.
 The object behind this convention was to “create a basis for comprehensive
consideration within the United Nations of the problems of the human environment,”
and to “focus the attention of Governments and public opinion in various countries on
the importance of the problem.”

ASSIGNMENT
Q. 1 Which article covers right to clean environment?
A. Article 19 B. Article 21
Q.2When was Stockholm Convention held?
A. A.1992 B. 1972
Q.3 United Nations conference on the human environment is known as .
Q. 4 Stockholm Declaration was held in
 UNIT IV

LECTURE II
TOPIC: Doctrines: Sustainable Development, Precautionary Principle, Polluter pays
Principle, Public Trust Doctrine
VIDEO LINK- https://youtu.be/gobCaOKO4_E
PREVIOUS YEAR QUESTIONS
Q. 1 Discuss any two of the following (2014. 2018, 2019)
a. Precautionary Principle,

b. Polluter pays Principle,

c. Public Trust Doctrine

Q. 2 What is Sustainable development (2014, 2018, 2019)
Q. 3 Describe the meaning, scope and interrelationship of precautionary principle, polluter pays
principle and public trust doctrine in India? (2019)
NOTES

 Sustainable development is defined as the development that meets the present needs
without compromising the ability of future generations to meet their own needs.
 Sustainable development has 3 main principles namely Precautionary Principle,
Polluter pays Principle, Public Trust Doctrine.
 The Precautionary Principle underlies the concept of sustainable development which
requires that the development must be stopped and prevented if it causes serious and
irreversible environmental damage.
 Polluter pays principle is enacted to make the party producing pollution responsible for
paying the damage done to the natural environment.
 Public Trust Doctrine rests on the principle that certain resources like air, sea, water,
forests have such a great importance to the people that it would be wholly unjustified
to make them a subject of private ownership. It puts an obligation on the States to
protect the resources for enjoyment of general public
ASSIGNMENT
Q. 1 What are three main principles of sustainable development?
Public Trust Doctrine puts obligation on
A. State B. Individual
Polluter pays Principle means that has to pay for damage.
Sustainable Development ensures availability of resources for future generations.
A. Yes B. No
 UNIT IV

LECTURE III
TOPIC: NATIONAL GREEN TRIBUNAL ACT, 2010
VIDEO LINK- https://www.youtube.com/watch?v=NM8Q7cXPu1g
https://www.youtube.com/watch?v=SAZ43ofaiFk

PREVIOUS YEAR QUESTIONS

1. Discuss the powers and jurisdiction of National Green Tribunal? (2018, 2019)
2. What are aims and objectives of National Green Tribunal?

NOTES
 NGT is a quasi-judicial agency.
 There are 3 objectives of NGT :
1. effective and expeditious disposal of cases relating to environmental protection and
conservation of forest and other natural resources.
2. enforcement of any legal right relating to environment
3. giving relief and compensation for damages to persons and property etc.
 The Central Government shall establish Tribunal under Section 3 of National Green
Tribunal Act, 2010.

 The Tribunal shall have the jurisdiction over all civil cases where a substantial question
relating to environment under Section 14 of NGT Act.
 The scope of jurisdiction of NGT in relation to “substantial question of law relating to
environment”.

 for restitution of the environment by the Tribunal. Tribunal has the power to provide
relief and compensation, restitution of property damaged; and for restitution of the
environment
ASSIGNMENT
1. NGT stands for
2. NGT was enacted in the year
3. Section 14 provides to National Green Tribunal.
4. Can Tribunal provide restitution of the property damaged ?
A. Yes B. No