Category: Sources and Effects of Pollution

ISSUE:

Whether the citizens facing consequences of degraded air pollution can pray for a complete ban on firecrackers in order to minimize the air pollution levels?

RULE:

The courts of the country are duty bound to address intense concerns when it affects the right to education, work, health and right to life as guaranteed under Part III of the Indian constitution.

There is a need to balance the bigger interest of the majority group as against the materialistic benefits of a minority wherein the citizens should be favored.

Constitutional balance should significantly give more priority to the negative consequences that the air quality has on the current and upcoming generations, rather than the temporary materialistic restrictions of those in the firecracker industry.

ISSUE:

Whether the increased pollution caused by firecrackers and explosives burst during the time of Deepwali be a valid ground for banning the firecrackers in spite of other pollutants being present in the air?

RULE:

The precautionary principle in environmental law does not need the backing of any scientific evidence or proof if the danger to the environment is significant and irreversible.

The fundamental rights under Article 19(1)(g) & Article 25 should be balanced with Article 21 of the Constitution, keeping in mind the health of the population who reside in Delhi and NCR.

ISSUE:

Whether a High Court has the power to interfere with an environmental clearance given by the Ministry of Environment & Forests, Government of India and Department of Environment, Government of Tamil Nadu?

Whether the decision of the High Court to order for closure of a copper smelter plan in the light of the impact on the environment and not adhering to the geographical restrictions was irrational?

RULE:

A High Court can review the clearance granted by the government only on the grounds of illegality, irrationality and procedural impropriety and nothing else.

The concerned persons who function under the Environment Protection Act, Environment Protection Rules to examine the limitations of the project, limitations of the assessment of the efforts while ensuring that statutory steps are adhered to.

The High Court cannot interfere with the powers of the State Pollution Control Board in the name of judicial review.