Category: Statutory Regimes

ISSUE:

Whether making Executive Summaries of the EIA available 30 days before the Public Hearing was necessary?

Whether the Principle of Natural Justice was violated by virtue of the chair of EAC being one who was the Director of four mining companies?

RULE:

The ‘Precautionary Principle’, widely used in determining the outcome, states that where there is a threat to severe or irreversible damage to the environment, there must be immediate action, and a lack of scientific assurance should not and cannot be the reason to avoid taking action.

The Principle of Natural Justice based on the theories of fairness and equity states that every person must be given a fair opportunity to be heard, and no decision must be taken without doing the same.

ISSUE:

Whether the Court should intervene with the order passed by the Board under Section 33-A directing the closure of the petitioner's industry?

RULE:

Water (Prevention and Control of Pollution) Act, 1974 – Sec. 33-A, Where there were violations of various provisions of the Act and conditions imposed there by the industry for its benefit. It also flouted orders of the Court and violated its own undertakings given before the Court. Industry being run without enabling power or order in its favour polluting the environment by discharging contaminated water, the order for closure of industry was not liable to be interfered with.

ISSUE:

Whether clearance granted by the Union of India was given without proper study and consideration of environmental impact?

Whether the conditions imposed by the Ministry of Environment and Forests were complied with?

RULE:

Montesquieu’s Doctrine of Separation of Power states that a suitable form of society cannot exist without the separation of the three organs of the Government, namely, the executive, judiciary and legislature. The three organs must also be separated from one another with precision.

The ‘Precautionary Principle’, widely used in determining the outcome, states that where there is a threat to irreversible or serious damage to the environment, there must be immediate action, and a lack of scientific assurance should not and cannot be a reason to avoid taking action.

ISSUE:

Whether the process followed by the Ministry of Environment and Forests and concerned authorities was fair to the locals and in compliance with the due process of law?

RULE:

The ‘Precautionary Principle’, widely used in determining the outcome, states that where there is a threat to irreversible or serious damage to the environment, there must be immediate action, and a lack of scientific assurance should not and cannot be a reason to avoid taking action.

The doctrine of Sustainable development involves balancing the various aspects of social progress, economic growth, and the environment. This concept recognizes that these three elements are interconnected and that their integration into any strategy is crucial. The doctrine of sustainability seeks to meet the present necessities and take into account the needs of the future. The concept of sustainable development requires a long-term commitment to ensure the protection of the environment and social equity. All stakeholder groups, including governments and businesses, should work together to promote policies and practices that are sustainable.

ISSUE:

Whether the impugned order passed by the Magistrate was correct or not?

RULE:

Section 21 of the Water Act provides that the State Pollution Control Board or any officer authorised by the State Pollution Control Board shall have the power to take samples of water from any stream or well or samples of any sewage or trade effluent for the purpose of analysis. Section 21 further lays down strict compliance with procedure, and if the same procedure is not followed, then it will not be permissible as evidence in the court.

ISSUE:

Whether the Respondent Industry is a hazardous one, based on what its pollution potentiality is considering the nature of the product manufactured, its effluents and location?

Whether active operation of the Respondent Industry is likely to affect the catchment areas resulting in pollution of the Osman Sagar and Himayat Sagar and subsequentially damaging drinking water supplied to the cities of Hyderabad and Secunderabad?

RULE:

The Precautionary Principle states that if a product or action has the potential to cause risk or damage to the public and/or the environment, immediate protective action must be taken before there is scientific proof of a completed or definitive occurred risk. The Principle states that science and technology should take preventive measures against increased environmental harm/damage.

The Principle of inter-generational equity is the conscious act and effort in order for future generations to have equitable access to planetary resources without compromising due to present inefficiency.

ISSUE:

Whether the decision-making process and the ultimate decision made by the Union Ministry of Environment of granting the EC was valid and enforceable?

RULE:

The Doctrine of Ecological Proportionality suggests a balance between the protection of the environment and the interests of exploitation by the human race. The Precautionary Principle also arose from the concept of preserving or maintaining a balance between industrial and urban needs and environmental protection.

The principle of intergenerational equity aims to create fairness among present and future generations in the preservation and conservation of natural resources.

ISSUE:

Whether the EAC revision and changes made to the Mopa Airport were in accordance with environmental regulations for the suspension to be revoked?

RULE:

The Doctrine of Sustainable Development involves balancing the various aspects of social progress, economic growth, and the environment. The concept recognizes that these three elements are interconnected and that their integration into any strategy is crucial. The doctrine of sustainability seeks to meet the present necessities and take into account the needs of the future.

The 'Precautionary Principle', widely used in determining the outcome, states that where there is a threat to irreversible or serious damage to the environment, there must be immediate action, and a lack of scientific assurance should not and cannot be a reason to avoid taking action.

ISSUE:

Whether the Andhra Pradesh Pollution Control Board (APPCB) had a duty to control the dust emanating from stone crushers in C. Rayavaram village of East Godavari District?

Did the APPCB violate the precautionary principle in dealing with the issue of environmental pollution?

RULE:

Duty of the Pollution Control Board: The case establishes that the Andhra Pradesh Pollution Control Board (APPCB) has a statutory duty to protect the environment and prevent pollution. This duty is derived from environmental laws and regulations that govern the functioning of the APPCB.

Compensation for Harm: The court orders the industrial unit to pay compensation to the affected villagers for the damage caused to their health and property. This reinforces the principle that those who cause harm or violate the law must be held accountable and provide restitution to the affected parties.

ISSUE:

Whether Delhi has reached a higher pollution level, which is also affecting people's health?

Whether the existing environmental laws require the government to take measures to control air pollution in the interest of public health caused due to heavy vehicles?

RULE:

Article 21 of the constitution does not merely include the right to life and personal liberty. The right to life aspect of article 21 also encompasses a life more than a “mere animal existence” , therefore article 21 also provides for an inherent right to live in a clean and healthy environment.