CHAPTER I
I. MEANING OF ENVIRONMENT
II. CONCEPT OF ECOLOGY
III. MEANING OF ENVIRONMENTAL POLLUTION
IV. KINDS OF ENVIRONMENTAL POLLUTION
A. Air Pollution
B. Water Pollution
C. Land Pollution
D. Radioactive Pollution
E. Noise Pollution
V. FACTORS RESPONSIBLE FOR CAUSING ENVIRONMENTAL
POLLUTION
A. Growing Population
B. Industrialization
C. Urbanization
D. Indiscriminate use of Science and Technology
E. Modern Agricultural Practices
F. Poverty
VI. ENVIRONMENT: THE GLOBAL ISSUE
VII. Protection of the Environment
CHAPTER—II
SOCIAL REALITY, SOCIAL JUSTICE AND
THE PLANNING PROCESS
I. THE REALITY
II. THE DHARMA OF ENVIRONMENT
III. ENVIRONMENTAL ETHICS
IV. SOCIAL REALITY BEFORE INDEPENDENCE
A. Prior to the British Rule
B. During the British Rule
V. SOCIAL REALITY IN THE POST INDEPENDENCE ERA
VI. National Environment Policy 2006
A. Key Environmental Challenges
B. Objectives of the National Environment Policy
C. Principles
D. Strategies and Action
VII. THE PHASED PLANNING PROCESS
A. First Five Year Plan (1951-52 to 1955-56)
B. Second Five Year Plan (1956-57 to 1960-61)
C. Third Five Year Plan (1961-62 to 1965-66)
D. Fourth Five Year Plan (1969-70 to 1973-74)
E. Fifth Five Year Plan (1974-75 to 1978-79),
F. Sixth Five Year Plan (1980-81 to 1984-85)
G. Seventh Five Year Plan (1985-86 to 1989-90)
H. Eighth Five Year Plan (1992-93 to 1996-97)
I. Ninth Five Year Plan (1997-98 to 2001-2002)
J. Tenth Five Year Plan (2002-03 to 2006-07)
K. Eleventh Five Year Plan (2007-08 to 2011-12)
L. Twelfth Five Year Plan (2012-13 to 2016-17)
VIII.FORMATION OF NITI AAYOG
A. Three Year Action Agenda (2017-18 to 2019-20)
VIII. NEED TO CHANGE DEVELOPMENT STRATEGY
CHAPTER III
ENVIRONMENTAL POLLUTION—LEGAL REMEDIES
AND PROCEDURE
I. REMEDIES UNDER LAW OF TORTS
A. Nuisance
B. Negligence
C. Trespass
D. Strict Liability
E. Absolute Liability
II. THE WRIT JURISDICTION
III. STATUTORY REMEDIES
IV. CRIMINAL LAW REMEDIES
A. Indian Penal Code
B. Code of Criminal Procedure
V. REMEDIES FOR ENVIRONMENT JUSTICE
A. Damages
B. Injunction
VI. PUBLIC INTEREST LITIGATION
A. New Dynamic Role of the Judiciary
B. Emergence of Public Litigation
C. Public Interest Litigation entering the Arena of Environmental Pollution
CHAPTER—IV
I. PREAMBLE
II. FUNDAMENTAL RIGHTS
A. The Right to a Clean Environment
B. The Right to Livelihood
III. DIRECTIVE PRINCIPLES OF STATE POLICY
IV. FUNDAMENTAL DUTIES
V. LEGISLATIVE POWERS
CHAPTER—V
WATER POLLUTION AND THE LAW
I. EVOLUTION OF WATER POLLUTION
II. MEANING OF WATER POLLUTION
III. NECESSITY TO FRAME A SEPARATE LAW ON WATER
POLLUTION
IV. WORKING OF THE ACT
V. THE ACT
A. THE ENFORCEMENT MACHINERY—THE BOARDS
(i) Constitution of the Central Board and the State Boards
(ii) Constitution of Joint Boards
(iii) Terms and conditions of Service of Members
(iv) Meeting of the Board
(v) Powers and Functions of the Central Board
(vi) Powers and Functions of the State Boards
B. PREVENTION AND CONTROL OF WATER POLLUTION
(i) Power of the Board to obtain information and take samples .
(ii) Report of the analysis of the samples taken
(iii) Power of entry and inspection
(iv) Problem of Enforcement of Standards
(v) Consent Order
C. EMERGENCY MEASURES
D. APPREHENDED POLLUTION
(i) Power to give directions
(ii) Appeal to National Green Tribunal
E. AVAILABILITY AND USE OF FUNDS
F. PENALTY AND SANCTION
(i) Penalty for certain Acts
G. OFFENCES BY COMPANIES
H. COGNIZANCE OF OFFENCES
I. MISCELLANEOUS PROVISIONS
(i) Power of Central Government to make rules
(ii) Power of State government to make rules
VI. MONITORING WATER POLLUTION
VII. NATIONAL RIVER CONSERVATION PLAN
VIII. NATIONAL LAKE CONSERVATION PLAN
IX. NATIONAL WETLAND CONSERVATION PROGRAMME
X. WATER POLLUTION—SOME SELECTED DECISIONS
1. Kanpur Tanneries case
2. The Municipalities Case
3. Pollution of River Kathajori
4. Intervention by the Apex Court
5. Doctrine of Public Trust
6. Calcutta Tanneries Case
7. Badkhal and Surajkund Lakes case
8. A.P. Pollution Control Board v. Prof. M.V. Nayndu (Retd.)
and others
CHAPTER—VI
AIR POLLUTION AND THE LAW
I. MEANING AND CONCEPT
II. CLASSIFICATION OF POLLUTANTS
(i) Gaseous Pollutants
(ii) Particulate Pollutants
III. SOURCES OF AIR POLLUTION
(i) Natural Sources
(ii) Man made Sources
IV. EFFECT OF AIR POLLUTION
V. CONTROL AND PREVENTION OF AIR POLLUTION
VI. THE ACT
A. Statement of Objects and Reasons
B. The Enforcement Machinery—The Boards
(i) Central Pollution Control Board
(ii) State Pollution Control Board
(iii) Constitution of State Boards
(iv) Terms and Conditions of Service of Members
(v) Meeting of the Board
C. POWERS AND FUNCTIONS OF BOARDS
(i) Functions of Central Board
(ii) Functions of State Boards
D. PREVENTION AND CONTROL OF AIR POLLUTION
(i) Power to declare air pollution control areas
(ii) Instruction for ensuring standards for emissions for automobiles
(iii) Restrictions on sure of certain industrial plants
(iv) Consent Order
(v) Apprehended Pollution
(vi) Power of entry and inspection
(vii) Power to obtain information
(viii) Power to take samples and procedure to be followed in this connection
(ix) Report of the result of analysis
(x) Provision Relating to Air Laboratory, Analysts etc
(xi) Appeals
(xii) Power to give directions
(xiii) Appeal to National Green Tribunal
E. AVAILABILITY OF FUNDS, ACCOUNTS AUDIT
F. PENALTY AND SANCTION
(i) Failure to comply certain provisions of the Act
(ii) Penalty for Certain Acts
(iii) Contravention of certain provision of the Act
(iv) Offences by companies
(v) Offences by Government Departments
G. COGNIZANCE OF OFFENCES
H. MISCELLANEOUS PROVISIONS
(i) Powers of Central Government to make rules
(ii) Power of State Government to make rules
VII. MONITORING AIR POLLUTION
VIII. AUTO-FUEL POLICY
IX. AIR POLLUTION—SOME SELECTED DECISIONS
(i) General Causes
(ii) Stone Crushing Cases
1. Chaitanya Pulverising Industry v. Karnataka State Pollution Control Board
2. Court on Its Own Motion v. State of Himachal Pradesh
3. M.C. Mehta v. Union of India
4. Delhi Stone Crushing Case
5. Other Cases
(iii) Taj Trapezium case
M.C. Mehta v. Union of India
(iv) Vehicular Pollution
M.C. Mehta v. Union of India
CHAPTER—VII
NOISE POLLUTION
I. NOISE AS AN ENVIRONMENTAL PROBLEM
II. MEANING OF NOISE
III. SOURCES OF NOISE
A. Industrial Sources
B. Non Industrial Sources
(i) Loudspeakers
(ii) Construction Work
(iii) Air Crafts
(iv) Railways
(v) Road Traffic
(vi) Agricultural Activities
(vii) Television and Audio Systems
(viii) Festivals and Cultural Celebrations
(ix) Other Factors
IV. NATURE OF SOUND
V. EFFECTS OF NOISE
(i) Loss of Hearing
(ii) Speech Interference
(iv) Loss of Efficiency
(v) Annoyance
(vi) Diseases
(vii) Interference with Sleeping
(viii) Miscellaneous Effects
VI. NOISE POLLUTION CONTROL AND THE LEGAL SETTING
IN INDIA
1. Noise Pollution Control and the Indian Constitution
2. Right to Live in a Noise Free Environment
3. The Noise Pollution (Regulation and Control) Rules, 2000
4. The India Penal Code
5. The Code of Criminal Procedure
6. Noise Pollution and the Law of Torts
7. Noise Pollution Control and other Allied Laws
(i) The Police Act, 1861
(ii) The Factories Act, 1948
(iii) The Air (Prevention and Control of Pollution) Act, 1981
(iv) The Environment (Protection) Act, 1986
(v) The Motor Vehicles Act, 1988
VII. NEED FOR A SPECIFIC LAW ON NOISE POLLUTION
VIII. NOISE POLLUTION—SOME SELECTED JUDGMENTS
1. Free Legal Aid Cell Sugan Chand Aggarwal v. Govt. (NCT of Delhi)
2. Om Birangana Religious Society v. State
3. Moulana Mufti Syed Md. Noorur Rehman Barkati v. State of West Bengal
4. Bijayananda Patra and others v. District Magistrate, Cuttack..
5. Church of the God (Full Gospel) in India v. K.K.R. Majestic
Colony Welfare Association
6. Noise Pollution (5), re
CHAPTER—VIII
ENVIRONMENT PROTECTION AND THE LAW
I. THE ACT
II. OBJECTIVE AND SCOPE OF THE ACT
III. SALIENT FEATURES OF THE ACT
A. General Powers of the Central Government
(i) Power of Central Government to take measures to protect and improve environment
(ii) Power to give directions
(iii) Appeal to National Green Tribunal
(iv) Rules to regulate environmental Pollution
B. Prevention, Control and Abatement of Environmental Pollution
(i) Furnishing of Information
(ii) Power of entry and inspection
(iii) Power to take samples and procedure to be followed
(iv) Establishment of laboratory and appointment of analysts
(v) Penal Provisions
(vi) Offences by Companies and Government Department
C. Miscellaneous Provisions
(i) Cognizance of Offences
(ii) Bar of Jurisdiction
(iii) Delegation of Power
(iv) Effect of other laws
(v) Power to make rules
IV. MECHANISM OF DELEGATED LEGISLATION
A. Environment (Protection) Rules
B. Environmental audit
C. Environmental Impact Assessment
V. THE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997
(i) Establishment of Authority
(ii) Jurisdiction and Power of Authority
(iii) Penalty and Offences
(iv) Power to make rules
VI. ENVIRONMENT PROTECTION—SOME SELECTED DECISIONS
1. Sachidanand Pandey v. State of West Bengal
2. Dahanu Taluka Environment Protection Group & another v.
Bombay Suburban Electricity Supply Company Limited & others.
3. Society for Protection of Silent Valley v. Union of India and others.
4. Goa Foundation v. The Konkan Railway Corporation
5. B. L. Wadhera v. Union of India
6. M.C. Mehta v. Union of India
7. Tehri Bandh Virodhi Sangharsh Samiti v. State of U.P
8. Almitra H. Patel v. Union of India
9. S. Jagannath v. Union of India
10. N. D. Jayal v. Union of India
11. Lafarge Umiam Mining Private Limited v. Union of India
D. Coastal Zone Management
(A) Prohibited Activities
(B) Coastal Zone Management Plan
(C) Classification of Zones
(a) Category I (CRZ-I)
(b) Category II (CRZ-II)
(c) Category—III (CRZ-III)
(d) Category IV (CRZ-IV)
E. DRAFT COASTAL REGULATION ZONE, 2018
F. Implementation of Eco-Labelling Scheme
Objective of the Scheme
The Criteria for Eco-Mark
LEGAL CONTROL OF HAZARDOUS WASTES
I. MANAGEMENT OF HAZARDOUS SUBSTANCES
II. THE SOLID WASTE MANAGEMENT RULES, 2016
Duties of waste generators
Duties of Ministry of Environment Forest and Climate Change
Duties of Ministry of Urban Development
Duties of Department of Fertilisers, Ministry of Chemicals and Fertilisers
Duties of Ministry of Agriculture, Government of India
Duties of the Ministry of Power
Duties of Ministry of New and Renewable Energy Sources
Duties of the Secretary-in-charge, Urban Development in the States and Union territories
Duties of District Magistrate or District Collector or Deputy Commissioner
Duties of the Secretary-in-charge of Village Panchayat or Rural
Development Department in the State and Union territory
Duties of Central Pollution Control Board
Duties and responsibilities of local authorities and village Panchayats of census town and urban agglomerations
Duties of State Control Board or Pollution Control Committee
Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers
Criteria for Duties regarding setting-up solid waste processing and treatment facility
Criteria and actions to be taken for solid waste management in hilly areas
Criteria for waste to energy process
III. THE HAZARDOUS AND OTHER WASTES (MANAGEMENT AND
TRANSBOUNDARY MOVEMENT) RULES 2016
A. PROCEDURE FOR MANAGEMENT OF HAZARDOUS AND OTHER WASTES
Responsibilities of the occupier for management of hazardous and other wastes
Responsibilities of State Government for environmentally sound management of
hazardous and other wastes
Grant of authorisation for managing hazardous and other wastes
Power to suspend or cancel an authorisation
Storage of hazardous and other wastes
Utilisation of hazardous and other wastes
Standard operating procedure or guidelines for actual users
B. IMPORT AND EXPORT OF HAZARDOUS AND OTHER WASTES
Import and export (Transboundary movement) of hazardous and other wastes
Strategy for import and export of hazardous and other wastes
Procedure for import of hazardous and other wastes
Procedure for export of hazardous and other wastes form India
Illegal traffic
C. TREATMENT, STORAGE AND DISPOSAL FACILITY FOR
HAZARDOUS AND OTHER WASTES
Treatment, storage and disposal facility for hazardous and other wastes
D. PACKAGING, LABELLING, AND TRANSPORT OF HAZARDOUS AND
OTHER WASTES
Packaging and labeling
Transportation of hazardous and other wastes
IV. THE MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS
CHEMICALS RULES, 1989
Duties of authorities (Section 3)
General responsibility of the occupier during industrial activity
(Section 4)
Notification of major accident (Section 5)
Industrial activity to which rules 7 to 15 apply (Section 6)
Approval and Notification of sites (Section 7)
Updating of the site notification following change in the threshold
quantity (Section 8)
Transitional provisions (Section 9)
Safety reports and safety audit report (Section 10)
Updating of reports under rule 10 (Section 11)
Requirement for further information to be sent to the authority (Section 12)
Preparation of on-site emergency plan by the occupier (Section 13)
Preparation of off-site emergency plans by the authority (Section 14)
Information to be given-to person liable to be affected by a major accident (Section 15)
Disclosures of information (Section 16)
Collection, development and dissemination of information (Section 17)
Import of hazardous chemicals (Section 18)
Improvement notices (Section 19)
V. THE BIO-MEDICAL WASTE MANAGEMENT RULES, 2016
Duties of the occupier
Duties of the operator of common bio-medical waste treatment
and disposal facility
Duties of authorities
Treatment and disposal
Segregation, packaging, transportation and storage
Prescribed authority
Procedure for authorisation
Advisory Committee
Monitoring of implementation of the rules in health care facilities.......
Annual report
Maintenance of records
Accident reporting
Appeal
Site for common bio-medical waste treatment and disposal facility
Liability of the occupier, operator of a facility
VI. THE PLASTIC WASTE MANAGEMENT RULES, 2016
Conditions
Plastic waste management
Responsibility of local body
Responsibility of Gram Panchayat
Responsibility of waste generator
Responsibility of producers, importers and brand owners
Marking or labeling
Prescribed authority
Registration of producer, recyclers and manufacturer
Responsibility of retailers and street vendors
Explicit pricing of carry bags
State Level Monitoring Committee
Annual report
VII. THE RECYCLED PLASTICS MANUFACTURE, SALE AND
USAGE RULES, 1999
Restriction
Conditions
Grant of Registration
VIII. THE BATTERIES (MANAGEMENT AND HANDLING) RULES, 2001
Responsibilities of manufacturer, importer, assembler and reconditioner
Registration of importers
Rule a prescribes procedure for registration/renewal of registration of recyclers
IX. THE CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT
RULES, 2016
Duties of the waste generator
Duties of service provider and their contractors
Duties of local authority
Criteria for storage, processing or recycling facilities for construction and demolition waste and application of construction and demolition waste and its products
Duties of State Pollution Control Board or Pollution Control Committee..
Duties of State Government or Union Territory Administration
Duties of the Central Pollution Control Board
Duties of Bureau of Indian Standards and Indian Roads Congress
Duties of the Central Government
Accident reporting by the construction and demolition waste processing facilities
X. THE E-WASTE (MANAGEMENT) RULES, 2016
Responsibilities of the manufacturer
Responsibilities of the producer
Responsibilities of collection centres
Responsibilities of dealers
Responsibilities of the refurbisher
Responsibilities of consumer or bulk consumer
Responsibilities of the dismantler
Responsibilities of the recycler
Responsibilities of State Government for environmentally sound management of E-waste
Procedure for Seeking and Grant of Authorisation
Power to suspend or cancel an authorisation
Procedure for storage of e-waste
Reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares
Duties of authorities
Annual Report
Transportation of E-Waste:
Liability:
Appeal:
CHAPTER—X
PROTECTION OF FORESTS AND THE LAW
I. EVOLUTION AND HISTORICAL DEVELOPMENT
(A) Forestry before the British Rule
(B) Forestry during the British Rule
(C) Forestry in the Post Independence era
II. THE LEGAL PROCESS
A. THE INDIA FOREST ACT, 1927
|
Scheme of the Act
1. Reserved Forests
(i) Process of settlement under the Act
(ii) Appeals
(iii) Declaration of reserved forests
(iv) Provision relating to rights of alienation
(v) Prohibition of certain Acts in such Forests
|
A. THE INDIA FOREST ACT, 1927
|
Scheme of the Act
1. Reserved Forests
(i) Process of settlement under the Act
(ii) Appeals
(iii) Declaration of reserved forests
(iv) Provision relating to rights of alienation
(v) Prohibition of certain Acts in such Forests
|
2. Village Forests
3. Protected Forests
(i) Power to make rules
(ii) Penalty and Sanction
4. Control by the Government over forests and lands not being its property
5. Duty on Timber and Transit of Forest products
6. Provision relating to Arrest, Seizure and Search
Arrest
Seizure
Search
B. The Forest (Conservation) Act, 1980
Salient Features of the Act
1. Restriction on dereservation of forests or use of forest/and for non-forest purpose
(i) Appeal to National Green Tribunal
2. Constitution of Advisory Committee
3. Penalty and Sanction
4. Offences by authorities and government departments
III. THE FOREST POLICIES
A. Forest Policy of 1894
B. National Forest Policy, 1952
C. National Forest Policy, 1988
IV. GUIDELINES ISSUED BY THE APEX COURT
V. JOINT FOREST MANAGEMENT (JFM)
VI. SUSTAINABLE FOREST MANAGEMENT (SFM) CELL
VII. NATIONAL FOREST COMMISSION
VIII. FORESTS AND THE TRIBALS—THE SYMBIOTIC RELATIONSHIP
A. THE SCHEDULED TRIBES AND OTHER TRADITIONAL
FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS)
ACT, 2006
The Act
1. Forest Rights
2. Recognition, Restoration and Vesting of Forest Rights and Related matters
3. Duties of holders of forest rights
4. Authorities and Procedure for Vesting of Forest Rights
5. Offences and Penalties
6. Cognizance of offences
7. Miscellaneous Provisions
IX. THE COMPENSATORY AFFORESTATION FUND ACT, 2016
X. PROTECTION OF FORESTS—SOME SELECTED JUDGMENTS
1. Banawasi Seva Ashram v. State of Uttar Pradesh & others
2. Sushila Saw Mills v. State of Orissa
3. State of H. P. v. Ganesh Wood-Products
4. . Upendra Jha v. State of Bihar
5. Nyamavedi v. State of Kerala
6. The Godavarman Cases
A. T.N. Godavarman Thirumulkpad v. Union of India
B. T.N. Godavarman Thirumulkpad. v. Union of India
C. T.N. Godavarman Thirumulkpad. v. Union of India
D. T.N. Godavarman Thirumulkpad v. Union of India
E. T.N. Godavarman Thirumulkpad v. Union of India
F. T.N. Godavarman Thirumulpad v. Union of India
7. State of Karnataka v. Janthakal Enterprises
CHAPTER—XI
WILD LIFE PROTECTION AND THE LAW
THE WILD LIFE (PROTECTION) ACT, 1972
I. AUTHORITIES UNDER THE ACT
A. Constitution of a National Board
B. Functions of National Board
C. Constitution of State Board
D. Duties of the State Board for Wild Life
II. HUNTING OF WILD ANIMALS
III. INTEGRATED DEVELOPMENT OF WILDLIFE HABITAT
IV. PROTECTION OF SPECIFIED PLANTS
V. PROTECTED AREAS
A. Declaration of Sanctuary
B. Appointment of Collector and his Powers
C. Declaration of Area as Sancturary
D. Restriction on entry in Sanctuary
E. Control of Sanctuaries
F. Declaration of National Park
G. Declaration and Management of Conservation Reserve and
Community Reserve word may come under declaration
H. Declaration of Sanctuary or National Park by the Central
Government
VI. CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS
A. Constitution of Central Zoo Authority
B. Functions of the Authority
C. Recognition of Zoos
VII. NATIONAL TIGER CONSERVATION AUTHORITY
A. Constitution of National Tiger Conservation Authority
B. Powers and Functions of the Authority
C. Grants and Loans to Tiger Conservation Authority and Constitution of Fund
D. Constitution of steering Committee
E. Tiger Conservation Plan
F. Establishment of Tiger Conservation Foundation
G. Project Tiger
VIII. TIGER AND OTHER ENDANGERED SPECIES CRIME CONTROL
BUREAU
A. Constitution of Crime Control Bureau
B. Powers and Functions of the Bureau
IX. TRADE AND COMMERCE IN WILDLIFE
A. Wild Animals etc. to be Government Property
B. Declarations
C. Regulation of transfer of animal etc
D. Prohibition in dealing with animal article etc
E. Suspension or cancellation of licence and appeal
F. Purchase of animal etc. by licensee
X. PROHIBITION OF TRADE OR COMMERCE IN TROPHIES,
ANIMAL ARTICLES ETC
XI. PREVENTION AND DETECTION OF OFFENCES
A. Power of entry, search, arrest and detention
B. Penalties
C. Conditions relating to Bail
D. Power to compound offences
E. Cognizance of Offence
F. Operation of other laws
G. Presumption to be made in certain cases
H. Offences by Companies
XII. FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL
HUNTING AND TRADE
A. Prohibition of holding illegally acquired property
B. Provision relating to certain trust properties
C. Constitution of Appellate Tribunal
D. Bar of Jurisdiction
E. Powers of Competent Authority and the Tribunal
F. Power to take possession
G. Punishment for acquiring property in relation to which
proceedings have been taken under this chapter
XIII. MISELLANEOUS PROVISIONS
A. Officer to be Public Servant
B. Reward to persons
C. Reward by State Government
D. Power of Central Government to make rules
E. Power of State Governments to make rules
F. Right of Schedule Tribes to be protected
XIV. ANIMAL WELFARE
Why Animal Welfare?
National institute of Animal Welfare
XV. PREVENTION OF CRUELTY TO ANIMALS ACT
A. Salient Features of the Act
B. Duty to ensure the well-being of animals
C. Animal Welfare Board
D. Cruelty to Animals
E. Experimentation on Animals
F. Restriction on exhibition and training of performing animals.......
XVI. TOWARDS ANIMAL RIGHTS
XVII. WILD LIFE PROTECTION-SOME SELECTED JUDGEMENTS
A. Wild Life Protection
1. State of Bihar v. Murad Ali Khan and others
2. G. R. Simon & other v. Union of India
3. Ivory Traders and Manufacturers Association v. Union of India
4. Tarun Bharat Sangh, Alwar v. Union of India
5. Consumer Education and Research Society v.Union of India
6. Centre for Environmental Law, WWF-I v. State of Orissa .
7. Centre for Environmental Law, WWF-I v. Union of India.
8. Chief Forest Conservator, Wildlife v. Nisar Khan
9. T. N. Godavarman Thirumulpad v. Union of India,
10. Centre for Environment Law, WWF-1 v. Union of India,
B. Protection of Specified Plants
11. T. N. Godavarman Thirumulpad v. Union of India
C. Animal Welfare and Protection
12. N. R. Nairv. Union of India
CHAPTER—XII
ENVIRONMENTAL POLLUTION AND
EMERGING SOCIO-LEGAL REALITIES
1. SUSTAINABLE DEVELOPMENT
A. The Stockholm and After
B. The Brundtland Commission
C. The International Campaign
D. Agenda 21
E. World Commission on Sustainable Development
F. World Summit on Sustainable Development
G. Institutional Framework for Sustainable Development
H. Rio + 20 Summit
I. The Concept of Environmentalism
J. Salient Principles of Sustainable Development
II. THE PRECAUTIONARY PRINCIPLE
III. THE POLLUTER PAYS PRINCIPLE
IV. THE DOCTRINE OF PUBLIC TRUST
V. ENVIRONMENTAL INFORMATION
A. International and National Efforts
B. The Judicial Process
C. The Planning Process
D. Scholarly Contributions
E. Response of the Government
VI. ECO-TOURISM
Eco-Cities
VII. PRINCIPLE OF ‘NO FAULT LIABILITY,
VIII. THE PUBLIC LIABILITY INSURANCE ACT, 1991
A. Liability to give relief in certain cases on principle of no fault
B. Duty of the owner to take out insurance policies
C. Application for claim for relief
D. Power to give direction
E. Penalty and Offences
F. Cognizance of Offence
IX. THE NATIONAL ENVIRONMENT TRIBUNAL ACT, 1995
A. Liability to pay compensation in certain cases on principle
of no-fault
B. Application for claim for compensation
C. Procedure and powers of Tribunal
D. Establishment of National Environment Tribunal
E. Jurisdiction and proceedings of the Tribunal
F. Penalty and Offence
CHAPTER—XIII
THE NATIONAL GREEN TRIBUNAL ACT
I. INTRODUCTION
II. HOW THE ACT CAME TO BE ENACTED
III. OBJECT AND REASONS
IV. THE ACT
A. Establishment of the Tribunal
B. Composition of the Tribunal
C. Qualification for appointment etc
D. Tenure of Office
E. Provision for Removal and Suspension etc
F. Power of the Chairperson
G. Jurisdiction of the Tribunal
H. Provision for relief and compensation
I. Appellate Jurisdiction
J. Liability to pay relief or compensation on certain cases
K. Appeal to Tribunal
L. Procedure and Powers of Tribunal
M. Appeal to Supreme Court
N. Provision regarding costs etc
O. Execution of awards etc. of the Tribunal
P. Penal Provisions
Q. Offences by Companies
R. Offence by Government Department
S. Bar on jurisdiction
T. Miscellaneous provisions
U. Repeal of Certain Laws
V. Concluding Observation
CHAPTER—XIV
ATMOSPHERIC POLLUTION AND
THE CLIMATE CHANGE
1. THE ATMOSPHERE
Troposphere
Stratosphere
Mesosphere
Thermosphere
Exosphere
2. GLOBAL WARMING
3. GREENHOUSE EFFECT
4. CLIMATE CHANGE
A. Inter-governmental Panel on Climate Change (IPCC)
IPCC Special Report—2018
B. Emission of Carbon dioxide
C. Stabilising the Emissions
D. Impact of Climate Change
E. Planning for the future
F. Convention of the Climate Change
G. Kyoto Protocol
H. The Delhi Declaration
I. The Bali Roadmap
J. From Copenhagen to Doha
K. From Paris to Poland
L. Hope for the Further
5. ATMOSPHERIC BROWN CLOUD REPORT AND CLIMATE CHANGE
6. GREEN INDIA MISSION
7. OZONE DEPLETION
A. Effects of Ozone Depletion
B. The Vienna Convention and the Montreal Protocol
C. Ozone Rules
CHAPTER—XV
CONSERVATION OF BIODIVERSITY AND THE LAW
I. MEANING AND CONCEPT
II. CONVENTION ON BIOLOGICAL DIVERSITY
III. CONFERENCE OF THE PARTIES
The IXth Meeting
The Xth Meeting
The Xlth Meeting
IV. THE POLICY STATEMENTS
V. NATIONAL BIO-DIVERSITY ACTION PLAN
VI. BIOLOGICAL DIVERISITY ACT, 2002
A. Salient Features of the Act
B. The Act
C. Regulation of Access to Biological Diversity
D. Authorities under the Act
(i) National Biodiversity Authority
Functions and Powers of the Authority
Determination of equitable sharing
(ii) State Biodiversity Board
Functions of State Board
(iii) Biodiversity Management Committees
E Finance and Accounts of the Authorities and constitution of Funds
F. Duties of the Central and the State Government
G. Settlement of disputes
H. Appeal to High Court
I. Appeal to National Green Tribunal
J. Penalties
K. Cognizance of Offence
L. Powers to make rules
M. Biodiversity conservation scheme
VII. WHY BIOLOGICAL DIVERSITY IS SO IMPORTANT FOR INDIA
CHAPTER—XVI
TOWN AND COUNTRY PLANNING AND THE ENVIRONMENT
I. FEATURES OF TOWN AND COUNTRY PLANNING
II. TOWN AND COUNTRY PLANNING AS A TOOL OF ENVIRONMENTAL POLICY
III. URBAN LAND USE PLANNING
IV. THE ROLE OF THE LOCAL AUTHORITIES
V. PLAN FOR SUSTAINABLE LAND DEVELOPMENT
A. Water supply and sanitation
B. Improving Waste-Management
C. Land Policy and Housing
D. Zoning and Town Planning
E. Improvement of Slums
CHAPTER—XVII
INTERNATIONAL MOMENTUM
Trail Smelter Arbitration Case
I. STOCKHOLM CONFERENCE ON HUMAN ENVIRONMENT
II. STOCKHOLM DECLARATION ON THE HUMAN
ENVIRONMENT
Principles
The Action Plan for the Human Environment
III. POST STOCKHOLM DEVELOPMENT
The United Nations Environment Programme (UNEP)
Nairobi Declaration
The Vienna Convention
IV. RIO CONFERENCE ON ENVIRONMENT AND DEVELOPMENT
V. THE RIO DECLARATION ON ENVIRONMENT AND
DEVELOPMENT, 1992
VI. AGENDA 21
VII. DEVELOPMENTS SINCE RIO
Kyoto Protocol
VIII. UNITED NATIONS MILLENNIUM DECLARATION
IX. THE JOHANNESBURG CONFERENCE
X. THE JOHANNESBURG DECLARATION ON SUSTAINABLE
DEVELOPMENT
From our Origins to the Future
From Stockholm to Rio de Janeiro to Johannesburg
The Challenges we Face
Our Commitment to Sustainable Development
Multilateralism is the Future
Making it Happen!
XI. EPILOGUE
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