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Category: Introduction and Principles of Environmental Protection

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Introduction and Principles of Environmental Protection

Electro steel Steels Limited v. Union of India 2021 INSC 859

ISSUE:

Whether the grant of ex post facto Environmental Clearance (EC) is permissible under environmental jurisprudence and its implications on compliance with environmental norms?

Whether the principle of proportionality applies to decisions involving the regularization of projects with technical environmental violations?

Whether industries with technical irregularities but adhering to environmental norms should face closure, balancing economic and environmental considerations?

RULE:

Ex Post Facto Environmental Clearance: Such clearances are generally impermissible but may be granted in rare, exceptional cases where strict environmental compliance is demonstrated and livelihood considerations are significant.

Principle of Proportionality: Decisions must balance sustainable development, intergenerational equity, and economic factors, ensuring adherence to environmental norms and legislative policy.

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Introduction and Principles of Environmental Protection

T.N. Godavarman Thirumulpad v. Union of India & Ors. AIR 1998 SC 769

ISSUE:

Whether large-scale unauthorized and illicit felling of trees in government and council forests violated the Forest (Conservation) Act, 1980, and required immediate intervention to safeguard forest resources?

Whether the proliferation and unregulated operation of wood-based industries in the North-Eastern states contributed to forest degradation and needed stricter regulatory measures, including relocation and compliance with sustainable forest management practices?

Whether the state governments and enforcement agencies failed to ensure compliance with existing forest laws, necessitating enhanced monitoring and enforcement frameworks?

RULE:

Public Trust Doctrine: Forests are public assets held in trust by the state, requiring their conservation for the benefit of present and future generations.

Sustainable Development Principle: Economic activities, including timber trade and industries, must align with environmental protection and sustainable forest management practices.

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Introduction and Principles of Environmental Protection Statutory Regimes

A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718

ISSUE:

Whether the AP Pollution Control Board was justified in rejecting the respondent company’s application for consent on environmental grounds?

Whether the appellate authority under the Water (Prevention and Control of Pollution) Act, 1974, erred in reversing the APPCB’s decision despite environmental concerns?

Whether the Government of Andhra Pradesh’s exemption of the respondent company from the 10 km restriction under G.O. Ms. No. 111 was legally sustainable?

RULE:

The precautionary principle requires that where environmental harm is possible, lack of full scientific certainty cannot be a reason to allow the activity. The burden of proof is on the industry to demonstrate that no environmental damage will occur.

Judicial and technical expertise must be integrated in environmental adjudication to ensure informed decision-making. Scientific complexity necessitates an adjudicatory framework that includes environmental experts.

Government exemptions from environmental regulations must not undermine statutory objectives. Such exemptions cannot compromise public health, ecological balance, or the regulatory framework designed to prevent environmental harm.

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