MODULE 3

1. THE ENVIRONMENT (PROTECTION) ACT, 1986 (EPA)

1.1 Historical Background
Before the EPA, India had no single law covering the environment as a whole. There were separate laws for water and
air pollution, but nothing that tied them together or gave the government power to act in emergencies. Two events
changed this:
• The Bhopal Gas Tragedy (December 2–3, 1984) – A chemical called methyl isocyanate (MIC) leaked from
the Union Carbide factory in Bhopal. MIC is an extremely toxic industrial gas used to make pesticides. Over
3,000 people died immediately and hundreds of thousands were injured. The disaster showed that India had no
law that could coordinate a national emergency response or hold a foreign-owned company fully accountable.
• The Stockholm Declaration on the Human Environment (1972) – This was an international conference where
countries, including India, agreed that governments have a responsibility to protect the environment. India
needed to pass laws that matched these international commitments.
As a result, Parliament passed the Environment (Protection) Act, 1986. It is called an 'umbrella legislation' because it
covers everything environmental – it sits above all the earlier water and air laws and fills the gaps between them. It
came into force on 19 November 1986.

1.2 Constitutional Foundation

The EPA draws its authority from the Indian Constitution:
• Article 48A (inserted by the 42nd Amendment, 1976) – This is a Directive Principle, meaning it is a direction
given to the government. It says the State shall protect and improve the environment and safeguard forests and
wildlife. Directive Principles are not directly enforceable in court, but they guide how laws are made and
interpreted.
• Article 51A(g) – This is a Fundamental Duty. It says every citizen must protect and improve the natural
environment including forests, lakes, rivers, and wildlife.
• Article 21 – The Right to Life. The Supreme Court has interpreted this broadly to include the right to live in a
clean, pollution-free environment. This has been the basis for most major environmental court orders.

• Subhash Kumar v. State of Bihar – (1991) 1 SCC 598: The Supreme Court confirmed that the right to life
under Article 21 includes the right to enjoy pollution-free water and air. This means polluting a river or the air
is not just an environmental issue – it is a violation of people's fundamental right to life.
• M.C. Mehta v. Union of India (Oleum Gas Leak) – AIR 1987 SC 1086: A gas leaked from Shriram Food &
Fertilisers factory in Delhi. The Court used this case to create a new legal rule called Absolute Liability
(explained in Section 1.2a below), which goes further than any existing law in holding polluters responsible.

1.2a What is Absolute Liability?

Before this case, courts in India and England followed the rule from Rylands v. Fletcher (an English case from 1868).
That rule said: if you keep something dangerous on your land and it escapes and harms others, you are strictly liable –
but you can escape liability if you prove it was an 'Act of God', or someone else's fault, or that the person harmed
consented to the risk.
The Supreme Court in the Oleum Gas case said: in India, for industries dealing with hazardous or dangerous activities,
there are NO exceptions. If your industry causes harm, you pay – full stop. This is called Absolute Liability, and it is
stricter than the old English rule. The idea is that industries that make profits from dangerous activities must bear the
full cost of any harm they cause.
1.3 Key Definitions under Section 2
"Environment" (Section 2(a)): Includes water, air, land, and all the relationships between them and all living things
including humans, animals, plants, micro-organisms, and property. So 'environment' in this law is very broad – it is
not just nature, it includes property and the relationship between all living and non-living things.
"Environmental Pollutant" (Section 2(b)): Any solid, liquid, or gaseous substance present in the environment in a
concentration that is, or tends to be, harmful to the environment. The key word is 'concentration' – even a naturally
occurring substance (like carbon dioxide) becomes a pollutant when it is present in excessive amounts.
"Environmental Pollution" (Section 2(c)): Simply means the presence of an environmental pollutant in the
environment.
"Hazardous Substance" (Section 2(e)): Any substance or mixture that, because of its chemical properties or the way
it is handled, is likely to cause harm to humans, animals, plants, micro-organisms, property, or the environment. This
covers things like industrial chemicals, heavy metals, radioactive materials, and toxic waste.

1.4 Powers of the Central Government (Sections 3–6)

Section 3 gives the Central Government very wide powers to take any measures it considers necessary to protect and
improve the environment. This includes:
• Planning nationwide programmes to prevent, control, and reduce environmental pollution.
• Setting standards – i.e., legally enforceable limits – for the quality of environment (how clean the air or water
must be).
• Setting standards for emissions – i.e., how much pollution an industry or vehicle is allowed to release.
• Inspecting factories, plants, machinery, or any premises where pollution might be occurring.
• Setting up or recognising environmental testing laboratories that can analyse pollution samples.
• Collecting and sharing information about environmental pollution.
Section 5 is one of the most powerful provisions. It allows the Central Government to issue written directions to
anyone – a person, a company, or a State authority – ordering closure of an industry, stopping operations, or cutting
off electricity and water supply to a factory. These orders are legally binding and override all other considerations.
Courts have frequently directed the government to use Section 5 powers.
Section 6 allows the government to make detailed rules (called subordinate legislation) on any aspect of
environmental pollution. Most of the specific regulations (like the Noise Rules, Hazardous Waste Rules, CRZ
Notifications) are made under this power.

1.5 Environmental Laboratories and Testing (Sections 12–13)

Section 12 allows the Central Government to establish or recognise official environmental laboratories – these are labs
where samples of water, air, or soil are tested. Section 13 provides for the appointment of Government Analysts, who
are certified scientific experts authorised to analyse pollution samples. Their reports can be used as evidence in court.
The Ministry of Environment, Forest and Climate Change (MoEFCC) – the central ministry responsible for
environmental matters in India – periodically updates the standards against which these labs test.

1.6 Restriction on Industries and the EIA Process (Section 3 read with Rule 5)
Rule 5 of the Environment (Protection) Rules, 1986 allows the government to restrict or prohibit setting up certain
industries in specific areas.
Linked to this is the Environmental Impact Assessment (EIA) process. EIA means that before certain large projects
(factories, highways, mines, dams, etc.) are approved, the developer must prepare a detailed report assessing what
impact the project will have on the environment – on air quality, water, wildlife, and the local community. This report
is reviewed by the government and the public can object. Only after clearance can the project proceed. The current
EIA rules come from the EIA Notification 2006 (amended in 2020).
 • Vellore Citizens Welfare Forum v. Union of India – AIR 1996 SC 2715: Tanneries (leather factories) in
Tamil Nadu were discharging untreated chemical waste – dye, acid, and chromium compounds – directly into
the Palar River, contaminating drinking water. The Supreme Court ordered their closure and established two
major principles in Indian law: (1) the Precautionary Principle – when an activity risks harm to the
environment, precautionary measures must be taken even if the harm is not yet fully proven scientifically; and
(2) the Polluter Pays Principle – the industry that causes pollution must bear the full cost of cleaning it up, not
the government or the public.
• Indian Council for Enviro-Legal Action v. Union of India (Bichhri Village Case) – AIR 1996 SC 1446:
Chemical factories in Bichhri village, Rajasthan were manufacturing a chemical called H-acid (used in dye
production). They were discharging untreated H-acid sludge and oleum (a form of highly concentrated
sulphuric acid) directly onto the ground. This contaminated the groundwater for miles around, destroying
crops and making water undrinkable. The Supreme Court applied Absolute Liability and ordered the
industries to pay for complete remediation – the cleaning up of the contaminated soil and water – at their own
expense.

1.7 Offences and Penalties (Sections 15–17)

Section 15 – Individual Liability: Anyone who violates the Act, its rules, or any direction issued under it can be
imprisoned for up to 5 years and/or fined up to ₹1 lakh. If the violation continues after the first conviction, an
additional ₹5,000 per day fine can be imposed. If the violation continues for more than one year after conviction,
imprisonment can be extended to 7 years. These are criminal penalties, not just administrative fines.
Section 16 – Company Liability: If a company commits an offence, every person who was in charge of the
company's operations at the time of the offence is personally deemed guilty. The only way to escape liability is to
prove you had no knowledge of the violation, or that you exercised due diligence to prevent it. This makes company
directors and managers personally accountable.
Section 17 – Government Department Liability: If a government department (e.g., a state electricity board, a public
sector factory) violates the Act, the Head of that Department (the senior-most officer) is personally deemed guilty.
This prevents government bodies from hiding behind their official status.
Section 19 – Sanction Required for Prosecution: No criminal case can be filed under the EPA without the prior
sanction (approval) of the Central Government or an authorised officer. This is a procedural safeguard to prevent
frivolous prosecutions.

• M.C. Mehta v. Union of India (Taj Trapezium Case) – AIR 1997 SC 734: Industries in the area around the
Taj Mahal in Agra were emitting sulphur dioxide (SO2) – a gas produced by burning coal – which was
reacting with moisture in the air to form sulphuric acid. This acid was slowly eating into the marble of the Taj
Mahal and turning it yellow. The Supreme Court ordered these industries to either switch to natural gas (a
cleaner fuel) or relocate. Industries that did not comply were ordered to close. The Court held that cultural
heritage is part of the 'environment' and must be protected under the EPA.

1.8 Public Trust Doctrine and Citizen Suits (Section 19)

Section 19 allows any member of the public – not just someone personally harmed – to file a complaint about an
environmental violation, provided they give 60 days' advance written notice to the Central Government. This reflects a
broader principle: the public has a stake in the environment even if no one individual is directly harmed.
This connects to the Public Interest Litigation (PIL) tradition in India. Under Articles 32 and 226 of the Constitution,
anyone can go directly to the Supreme Court or High Court to enforce fundamental rights, including the right to a
clean environment. Most major environmental decisions in India have come through PIL.

• M.C. Mehta v. Kamal Nath – (1997) 1 SCC 388: A resort company was given a lease over land on the banks
of the Beas River in Himachal Pradesh, including land that was part of the riverbed and forest. The Supreme
Court held that the State cannot transfer natural resources – rivers, forests, seashore, air – to private parties for
 commercial exploitation. These resources belong to the public and the State holds them only as a trustee on
the public's behalf. This is called the Public Trust Doctrine. Any private commercial use that damages the
resource is a breach of that trust.

1.9 International Comparison

The EPA was partly modelled on the US National Environmental Policy Act (NEPA) 1969, which was the world's
first law requiring environmental impact assessment before major government projects. The UK's Environment Act
1990 similarly created a national Environment Agency. The European Union uses a Framework Directive approach –
broad directives (like the Water Framework Directive 2000) set goals, and member states implement them in their
own national laws. India's EPA is notable for giving very wide executive powers (Sections 3 and 5) that can be
triggered quickly, which courts have used extensively through PIL to achieve environmental outcomes that might
otherwise take years through regulatory processes.

2. COASTAL ZONE MANAGEMENT AND CRZ REGULATIONS

2.1 Why Coastal Zones Need Special Protection
India has a coastline of about 7,516 km, touching nine states and four Union Territories. Over 250 million people live
on or near the coast and depend on it for fishing, trade, and daily life. The coastal zone contains some of the most
ecologically sensitive and biologically rich environments on earth:
• Mangroves – These are forests that grow in saltwater along the coast. Their roots trap sediment and act as a
natural barrier against storm surges and tsunamis. They are breeding grounds for fish and crustaceans.
• Coral reefs – Underwater structures built by coral polyps over thousands of years. They support enormous
marine biodiversity and protect coastlines from wave erosion.
• Sand dunes – Natural embankments of sand formed by wind action. They protect inland areas from flooding
and sea-level rise.
• Seagrass beds – Underwater meadows that absorb carbon dioxide, stabilise the seabed, and provide feeding
grounds for marine animals.
From the 1970s through the 1980s, unregulated construction of hotels, factories, and fish processing plants directly on
the coastline destroyed vast tracts of these ecosystems. The CRZ framework was created to stop this.
The legal authority for CRZ comes from Section 3 of the EPA 1986. The Central Government issues CRZ
notifications as subordinate legislation (i.e., detailed rules made under the authority of a parent Act). The Ministry of
Environment, Forest and Climate Change (MoEFCC) is the national authority. At the state level, State Coastal Zone
Management Authorities (SCZMAs) implement and enforce the rules.

2.2 Evolution of CRZ Notifications

CRZ Notification, 1991: India's first coastal regulation. It declared that the coastal land up to 500 metres from the
High Tide Line (HTL – the furthest point the sea reaches during the highest tides of the year) and the inter-tidal zone
(the strip of land covered and uncovered by the sea as tides rise and fall) were protected as CRZ. Industries,
construction, and waste disposal were restricted within this zone. It classified the coast into four zones (CRZ I–IV). It
was criticised for applying the same rules to the entire coastline without considering that a densely populated fishing
village has different needs from a remote mangrove forest.
CRZ Notification, 2011: Tried to fix the problems of the 1991 rules. It gave stronger protections to fishing
communities and introduced Critical Vulnerable Coastal Areas (CVCAs) – special status for especially fragile zones
like the Sundarbans (a large mangrove delta in West Bengal/Bangladesh), Vembanad Lake (Kerala), the Gulf of
Khambhat (Gujarat), and Bhitarkanika (Odisha). It brought all mangroves explicitly under the highest protection
category (CRZ-I). It also created a clearer procedure for obtaining project approvals.
CRZ Notification, 2019 (currently in force): Based on recommendations of the Shailesh Nayak Committee (2014) –
a government-appointed expert committee that reviewed coastal regulation. The 2019 rules split the old CRZ-III (rural
areas) into two categories – IIIA and IIIB – based on population density. This reduced the 'no development zone' from
200 metres to 50 metres for densely populated rural areas, making it easier for local communities to build homes. It
also unfroze the Floor Space Index (FSI – a planning rule that limits how tall buildings can be built) for existing urban
areas, streamlined the approval process for projects, and encouraged eco-tourism.

2.3 Zone Classification under CRZ 2019

The CRZ covers all coastal land up to 500 m from the High Tide Line (HTL) on the landward side, and up to 100 m
along riverbanks that are influenced by tidal activity. On the seaward side it extends to the territorial water limit (12
nautical miles from the coast).

Zone What it covers No What this means in practice

Development
Zone (NDZ)
CRZ-IA Ecologically Sensitive Areas: Entire area – no These are the most protected areas. No building whatsoever.
mangroves, coral reefs, sand dunes, construction at Only conservation work and unavoidable defence/security
national parks, wildlife sanctuaries, all projects are allowed.
biosphere reserves, seagrass beds
CRZ-IB The inter-tidal zone – the strip of Entire zone – no This is the beach/mudflat zone that is alternately covered
land between the Low Tide Line permanent and uncovered by the sea. No permanent structures.
(lowest point the sea retreats to) construction Traditional fishing is protected here.
and the High Tide Line
CRZ-II Developed urban areas already No new If a coastal town already has buildings, development is
within existing municipal limits construction on regulated but not banned. New buildings must stay behind
(towns and cities on the coast) the seaward the existing development line. Local planning regulations
side of the apply.
existing
building line
CRZ- Rural areas with population density 50 metres from Reduced from the earlier 200 m limit because these areas
IIIA more than 2,161 persons per square the HTL already have high populations. Within 50 m of the coast,
km (as per 2011 Census – i.e., nothing can be built. Beyond 50 m, regulated construction is
densely populated rural zones) allowed.
CRZ- Rural areas with population density 200 metres Stricter protection because the area is less populated and
IIIB less than 2,161 persons per square from the HTL more pristine. Traditional fishing community homes
km (sparse rural areas) (koliwadas) are exempt.
CRZ- The sea itself – from the Low Tide Not applicable No untreated sewage or solid waste may be discharged here.
IVA Line seaward up to 12 nautical – this is the Fishing and traditional fishing-related activities by local
miles (India's territorial waters) open sea communities are freely permitted.
CRZ- Tidal-influenced water bodies – Not applicable No solid waste dumping. Traditional fishing is protected.
IVB rivers, estuaries, backwaters, creeks
that are affected by sea tides

2.4 What Cannot be Done in the CRZ

• Setting up new factories or expanding existing ones (with limited exceptions depending on the zone).
• Mining of sand, rocks, or any material from the seabed or coastal land. Sand mining is a particular problem as
it destroys beaches and destabilises coastlines.
• Altering sand dunes – for example, bulldozing them for construction or tourism infrastructure.
 • Land reclamation – filling in the sea or backwaters to create new land – unless permitted for specific public
infrastructure.
• 'Bunding' – creating embankments or barriers that obstruct tidal flow.
• Discharging untreated effluents (liquid waste) or dumping solid waste.
• Destroying mangroves, coral reefs, or any protected coastal ecosystem.
• Storing or disposing of hazardous substances near the coast.

2.5 What is Permitted

• Traditional fishing and related activities by local fishing communities. They can build small sheds, repair
boats, and store nets.
• Pipelines for water supply and sewage treatment, where the project genuinely needs to be near the sea.
• Ports, harbours, and jetties – subject to environmental clearance from MoEFCC (for CRZ-I and IV) or the
SCZMA (for CRZ-II and III).
• Eco-tourism facilities including beach shacks – but these must be temporary structures that are taken down at
the end of the tourist season.
• Defence and atomic energy projects where foreshore access (access to the water's edge) is genuinely essential.
• Roads and bridges on stilts, where they do not block the tidal flow of water.

2.6 How CRZ Clearance Works

Before any project near the coast begins, the developer must obtain CRZ clearance – a formal permission confirming
the project does not violate CRZ norms. Under the 2019 Notification:
• Projects in CRZ-I (ecologically sensitive) and CRZ-IV (the sea itself) must get clearance from MoEFCC at
the national level.
• Projects in CRZ-II (urban) and CRZ-III (rural) get clearance from the SCZMA – the State Coastal Zone
Management Authority – at the state level. This decentralisation was introduced to speed up approvals.
Every State must also prepare a Coastal Zone Management Plan (CZMP) – a detailed map and plan showing which
areas fall under which CRZ category, drawn at a scale of 1:25,000. The CZMP must be approved by MoEFCC. Until
the CZMP is updated under 2019 rules, the 2011 rules continue to apply for that state.

2.7 Key Case Laws

• S. Jagannath v. Union of India – AIR 1997 SC 811: Large commercial shrimp aquaculture farms (prawn
farms) had been set up in CRZ-I and CRZ-III protected areas in coastal states. The Supreme Court ordered
their removal. Intensive aquaculture – using large enclosed ponds, antibiotics, and chemical feeds – was
destroying mangroves and coastal ecology. The Court held that the Precautionary and Polluter Pays Principles
applied, ordered compensation for traditional fishermen whose livelihoods had been destroyed, and directed
that a National Environment Authority be set up to monitor coastal ecology.
• Maradu Flats Case – Kerala Coastal Zone Management Authority v. State of Kerala – SC 2019: Four
multi-storey luxury apartment buildings in Maradu Municipality, Ernakulam (Kochi) were built in a CRZ-III
zone in violation of coastal regulations. The builders had obtained clearances through fraud and political
connections. The Supreme Court, after years of litigation, ordered demolition. All four buildings – containing
hundreds of apartments – were demolished in January 2020. This case established firmly that no amount of
money invested, no State government approval, and no 'regularisation' can save a structure built in violation of
CRZ norms.
• Goa Foundation v. Diksha Holdings Pvt. Ltd. – (2001) 2 SCC 97: The Court held that CRZ notifications
issued under the EPA are legally binding subordinate legislation. They cannot be bypassed by State orders or
local permissions. Illegal construction in a No Development Zone cannot be retroactively approved.
• NGT Orders on Mangroves (Aarey Colony and coastal areas) – NGT Orders 2020–2023: The National
Green Tribunal (NGT – a specialised environmental court set up under the National Green Tribunal Act,
 2010) has repeatedly ordered States to identify and demarcate mangrove areas (which are CRZ-IA), file status
reports, and prevent destruction. The NGT has the power to award compensation and order restoration.

2.8 World Comparison

The United States manages its coastline under the Coastal Zone Management Act (CZMA) 1972, administered by
NOAA (National Oceanic and Atmospheric Administration). The EU's Integrated Coastal Zone Management (ICZM)
approach encourages member states to coordinate all government activities affecting the coast. Australia uses the
Environment Protection and Biodiversity Conservation Act (EPBC) 1999 for nationally important coastal habitats.
Compared to these, India's CRZ framework is well-designed in law but faces serious implementation problems:
SCZMAs are often under-resourced, CZMPs are outdated in many states, and powerful real-estate and tourism lobbies
create political pressure to relax rules.

3. NOISE POLLUTION – REGULATION AND CONTROL

3.1 What is Noise Pollution and Why Does It Matter?
Noise pollution means unwanted, excessive sound that interferes with normal human activities and causes harm.
Unlike air or water pollution, noise does not leave a physical residue in the environment – but its health effects are real
and cumulative (they build up over time). Long-term exposure to high noise levels causes:
• Permanent hearing loss.
• Hypertension – persistently elevated blood pressure.
• Chronic sleep disturbance, leading to fatigue and reduced concentration.
• Cognitive impairment in children, particularly affecting learning in schools near busy roads or airports.
• Stress-related disorders and, in extreme cases, cardiovascular disease.
India's cities – particularly Delhi, Mumbai, Kolkata, and Chennai – routinely record noise levels far above legal limits,
especially during festivals, election campaigns, and construction. The legal framework rests on the EPA 1986 as the
parent law, with the Noise Pollution (Regulation and Control) Rules, 2000 as the specific operational rules.

3.2 The Noise Pollution (Regulation and Control) Rules, 2000

These rules were notified on 14 February 2000 under the EPA 1986. They are India's first and only dedicated
comprehensive set of noise regulations. They were amended on 24 November 2000 (to strengthen enforcement
powers) and on 10 August 2017 (to clarify silence zone rules near religious places).
Under Rule 3, every State Government must do two things: (1) divide all areas of the state into noise zones –
industrial, commercial, residential, or silence zones; and (2) take active measures to reduce noise in each zone,
including from traffic. Development authorities (bodies that plan and build infrastructure like roads, townships, or
industrial parks) must treat noise pollution as a quality-of-life measure when making plans.

3.3 Ambient Noise Standards – What is the Legal Limit?

'Ambient noise' means the overall background noise level in an area. The standards below set the legal maximum for
each type of zone, measured in dB(A) – decibels on the A-weighted scale. The A-weighted scale is calibrated to match
human hearing sensitivity (our ears are more sensitive to some frequencies than others, so A-weighting adjusts for
this). 'Leq' means the equivalent continuous sound level – an average noise level over the measurement period that
contains the same total sound energy as the actual varying noise.
 Zone Type Day (6 AM to 10 PM) Night (10 PM to 6 AM)
Industrial Area (factories, 75 dB(A) 70 dB(A)
manufacturing zones)
Commercial Area (markets, business 65 dB(A) 55 dB(A)
districts, shops)
Residential Area (housing areas) 55 dB(A) 45 dB(A)
Silence Zone (100-metre buffer around 50 dB(A) 40 dB(A)
hospitals, schools, courts)

To put these numbers in context: normal conversation is about 60 dB, a busy road is about 80 dB, and a rock concert
can reach 110–120 dB. The residential night limit of 45 dB is roughly the sound level in a quiet library.
A complaint can be filed with the authority if noise exceeds the zone's prescribed limit by 10 dB(A) or more. The
'authority' can be the District Magistrate, Police Commissioner, or any officer not below the rank of Deputy
Superintendent of Police.
Silence Zones are declared by the State Government and must cover at least a 100-metre radius around hospitals,
schools, educational institutions, and courts. These are places where noise causes particular harm – patients
recovering, students concentrating, or court proceedings being disrupted.

3.4 How India's Standards Compare to WHO Guidelines

The WHO (World Health Organisation) uses a more sophisticated measurement system. Instead of separate day/night
limits, the WHO uses:
• Lden (Day-Evening-Night level) – A 24-hour average that adds a 5 dB penalty to evening noise (because
people are more sensitive to noise in the evening when they are winding down) and a 10 dB penalty to night
noise (because it disrupts sleep). The WHO recommends Lden below 53 dB for road traffic.
• Lnight – The average noise level only during night hours (10 PM to 7 AM). The WHO recommends below 40
dB to prevent sleep disturbance.
India's current rules use simpler day/night averages without the Lden system. This means India's standards may appear
similar to WHO guidelines on paper, but the Indian system does not capture cumulative health impacts the way the
WHO methodology does. Proposed reforms include adopting the Lden and Lnight approach.

3.5 Rules for Specific Noise Sources

Loudspeakers and Public Address Systems (Rule 5): A loudspeaker or PA system (the kind used at political rallies,
religious events, and outdoor concerts) can only be used after getting written permission from the authority. It cannot
be used at all between 10 PM and 6 AM, except inside closed buildings like auditoriums or banquet halls. An
exception exists: the State Government can allow outdoor night-time use during cultural or religious occasions, but
only for a maximum of 15 days per year total, with conditions attached.
Vehicular Noise: Standards for vehicle horns and engine noise are set under Rule 119 of the Central Motor Vehicles
Rules, 1989. The CPCB (Central Pollution Control Board – the national environmental regulator) has also issued
additional guidelines for vehicular noise.
Diesel Generator Sets (DG Sets): In India, diesel generators are widely used during power cuts. The rules prescribe a
maximum of 75 dB(A) measured at one metre from the surface of the generator's acoustic enclosure. An acoustic
enclosure is a soundproofing box built around the generator to muffle noise. DG sets above 1000 KVA (kilowatt-
amperes – a measure of electrical capacity) must have such enclosures. The CPCB can fine operators between
₹10,000 and ₹1,00,000 for violations.
Aircraft Noise: Regulated by the DGCA (Directorate General of Civil Aviation – India's aviation safety authority)
and the Airports Authority of India under the Aircraft Act, 1934. Noise standards govern aircraft engine types, flight
paths over residential areas, and curfew hours for night flights.
Firecrackers: The Supreme Court in 2018 directed that only 'green crackers' – firecrackers with reduced chemical
emissions and lower sound levels – may be sold, and banned their use between 10 PM and 6 AM anywhere in India.

3.6 Who Enforces Noise Rules?

Enforcement of noise standards is divided between several agencies, which is one reason why it is often weak in
practice:
• District Magistrate / Police Commissioner – empowered to take action against noise disturbances and issue
orders to stop, prohibit, or regulate noise.
• Police (any officer not below Deputy SP) – can act on complaints.
• State Pollution Control Boards (SPCBs) – compile and publish data on noise pollution but their direct
enforcement role is limited.
• Local bodies (Municipalities, Panchayats) – must consider noise as a quality-of-life parameter in all planning
decisions.
The CPCB monitors noise nationally through the National Ambient Noise Monitoring Network (NANMN), launched
in 2011. This is a network of sensors across major cities that measure noise levels in real time. However, it has been
criticised for being a data-collection tool rather than an enforcement tool – it records violations but does not
automatically trigger action.

3.7 Key Case Laws

• In Re: Noise Pollution (Firecrackers) – (2005) 5 SCC 733 and SC 2018: The Supreme Court upheld noise
regulations against challenges based on freedom of speech (Article 19(1)(a)) and freedom of religion (Article
25). The Court held that neither the right to expression nor the right to religion extends to forcing others to
hear noise. Using a loudspeaker is a convenience, not a fundamental right.
• Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association – AIR 2000 SC 2773:
A church was using loudspeakers and drums during services, disturbing residents. The Supreme Court held
that no religion prescribes that prayers must be performed loudly or through amplified sound. Using
loudspeakers is not an essential religious practice protected under Article 25. Noise standards apply to all
persons and organisations equally, including religious bodies.
• Moulana Mufti Syed Mohammad Noorur Rehman Barkati v. State of West Bengal (Azaan Case) – AIR
1999 Cal 15: The Calcutta High Court held that the use of microphones for the Azaan (the Islamic call to
prayer) is not an essential religious practice under Islam, and therefore it is not protected by Article 25 of the
Constitution. The use of microphones is a modern convenience and subject to noise regulation like any other
amplified sound.

3.8 Current Problems and Proposed Reforms

Despite having clear legal rules, noise pollution enforcement in India is extremely poor. The main reasons are: there
are not enough calibrated sound level meters for routine monitoring; noise from festivals, weddings, and political
rallies is culturally normalised (seen as acceptable or even a sign of celebration); enforcement is split across police and
pollution boards with no clear ownership; and there is strong political resistance to enforcing rules against religious
events. Proposed reforms include adopting WHO's Lden and Lnight methodology, building noise maps of major cities
linked to automated enforcement systems, and giving local bodies their own noise monitoring staff with clear powers.
4. AIR AND WATER POLLUTION LAW AND REGULATORY
AGENCIES

4.1 The Water (Prevention and Control of Pollution) Act, 1974

The Water Act 1974 was India's first dedicated environmental statute. It was passed in response to India's
commitments at the Stockholm Conference on the Human Environment (1972), an international meeting where
countries agreed to take responsibility for environmental protection. It was passed under Entry 17 of the Concurrent
List of the Constitution – meaning both the Central and State governments can legislate on water. Initially, States had
to formally adopt the Act; it was later extended to all States through the 42nd Constitutional Amendment (1976).

The Two-Level Institutional Structure

The Water Act created a two-level system of pollution control boards that has remained the basic architecture of
Indian environmental regulation ever since:
Central Pollution Control Board (CPCB) – Section 3: Set up by the Central Government, the CPCB is the national
technical authority on pollution. Think of it as the 'head office' for pollution control. It sets national standards,
coordinates the work of all State boards, and advises the Central Government. It is composed of a full-time Chairman,
representatives of Central Government ministries, representatives of State PCBs, and nominated technical experts.
State Pollution Control Boards (SPCBs) – Section 4: Set up by each State Government, the SPCBs are the front-
line enforcement bodies. They are the ones who actually inspect factories, issue permits, take samples, and prosecute
violations. Every state has its own SPCB (for example, KSPCB – Karnataka State Pollution Control Board; MPCB –
Maharashtra Pollution Control Board; KSPCB – Kerala State Pollution Control Board).

Powers of the CPCB (Section 16)

• Advise the Central Government on all matters concerning prevention and control of water pollution.
• Coordinate the activities of all SPCBs across the country and resolve disputes between them.
• Set national standards for the acceptable quality of rivers and groundwater ('stream standards') – i.e., how
clean a river must be.
• Set national standards for sewage (waste from homes and municipalities) and trade effluents (liquid waste
from factories) – i.e., how clean factory discharge must be before it enters a water body.
• Organise training programmes for pollution control personnel.
• Collect, compile, and publish technical and statistical data on water pollution.

Powers of the SPCBs (Sections 17–24)

The SPCBs hold the real on-the-ground enforcement authority:

↳ A sewage treatment plant (STP) cleans domestic wastewater from homes and offices. An effluent treatment plant
• Inspect sewage treatment plants and factory effluent treatment plants (Section 17(1)(b)).

(ETP) cleans industrial wastewater before it is discharged. SPCBs check that these are functioning properly.

↳ The SPCB can set a standard – for example, that a particular tannery's wastewater must not contain more than 2
• Set and modify effluent standards for specific factories (Section 20).

mg/litre of chromium – and can update these if the factory's production process changes.
• Issue Consent to Establish (CTE) and Consent to Operate (CTO) under Section 25 – no factory or industrial

↳ CTE is the permission you need before building the factory. CTO is the annual permission you need to actually run
outlet can be set up or operated without the SPCB's consent.

it. If you pollute, the SPCB can cancel your CTO, effectively shutting you down.
• Refuse, suspend, or revoke consent (Section 27).
 • Collect water samples from rivers, lakes, or factory outlets and have them tested in recognised laboratories
(Section 21).
• Enter and inspect factories and premises (Section 23).
• Order the closure of an outlet that is discharging pollutants in violation of standards (Section 33A).
• Carry out clean-up work themselves and recover the cost from the polluting factory (Section 33).

4.2 The Air (Prevention and Control of Pollution) Act, 1981

The Air Act 1981 followed the same structure as the Water Act. Rather than creating new boards, it added air
pollution control to the responsibilities of the existing CPCB and SPCBs. This made sense: the same factories that
pollute water also pollute air, and having one board handle both prevented duplication.

Key Provisions
Section 2(b) – Definition of Air Pollutant: Any solid, liquid, or gaseous substance – including noise – that is present
in the atmosphere in a concentration that is or may be harmful to humans, animals, plants, property, or the
environment. Notice that noise is included in this definition, which is why noise regulations can also be issued under
the Air Act.
Section 19 – Air Pollution Control Areas: SPCBs can declare any area in the State to be an 'Air Pollution Control
Area'. Within such an area, all the special regulations of the Air Act apply. This allows SPCBs to focus their
enforcement where pollution is worst – around industrial zones, for example.
Section 21 – Consent Required: No one can set up or operate an industrial plant in an Air Pollution Control Area
that emits air pollutants without first getting the SPCB's consent. This mirrors the CTE/CTO system under the Water
Act.
Section 22 – Emission Standards: No person shall emit air pollutants beyond the standards prescribed by the SPCB.
Exceeding your permitted emission level is an offence.
Section 31A – Directions by the Board: SPCBs can issue binding directions, including orders for closure,
prohibition, or regulation of any industry or process. This is a very powerful tool.
Section 37 – Penalty: Imprisonment from 1.5 years to 6 years, with fine, for violations. A continuing offence attracts
additional fines.

National Ambient Air Quality Standards (NAAQS)

NAAQS stands for National Ambient Air Quality Standards – the legally prescribed limits for how clean outdoor air
must be across India. The CPCB notified updated NAAQS in 2009. They cover the following pollutants:
• PM2.5 and PM10 – 'Particulate matter' – tiny particles suspended in the air. PM2.5 are particles smaller than
2.5 micrometres (so small they penetrate deep into lungs). PM10 are smaller than 10 micrometres. Both cause
respiratory and cardiovascular disease. Delhi and other northern Indian cities regularly exceed these limits,
particularly in winter due to stubble burning and weather conditions that trap pollution close to the ground.
• SO2 (Sulphur Dioxide) – Produced by burning coal and by industries like smelting and refining. Causes acid
rain and respiratory harm.
• NO2 (Nitrogen Dioxide) – Produced mainly by vehicle engines and power plants. Causes lung disease.
• Ozone (O3) – At ground level (as opposed to the upper atmosphere), ozone is a pollutant formed when
sunlight reacts with NO2 and other compounds. Causes breathing problems.
• CO (Carbon Monoxide) – Produced by incomplete combustion in vehicle engines. Prevents blood from
carrying oxygen.
• Lead – From older paints, some batteries, and formerly from leaded petrol (now banned in India). Causes
severe neurological damage especially in children.
• Ammonia, Benzene, Benzo(a)pyrene – Various industrial and vehicular pollutants with specific health risks.
Unlike the 1994 standards which had separate limits for industrial, residential, and sensitive areas, the 2009 NAAQS
apply uniformly everywhere – so the same clean air standard must be met next to a steel plant as near a school.
4.3 How CPCB and SPCBs Relate to Each Other
The CPCB is the senior national body that sets standards and policy. The SPCBs implement those standards at the
ground level. If a SPCB sets a stricter standard than the CPCB for a particular local water body (e.g., because it is a
drinking water source), the stricter standard prevails. The CPCB can issue directions to an SPCB if the SPCB is failing
to do its job (Section 18(1)(b) of the Water Act). The EPA 1986 overrides both Acts in case of any conflict, and the
Central Government can use Section 5 EPA directions to bypass both boards and give orders directly.

4.4 The Consent Mechanism – How Pollution is Regulated in Practice

The CTE (Consent to Establish) and CTO (Consent to Operate) system under Section 25 of the Water Act and Section
21 of the Air Act is the central day-to-day regulatory tool. Think of it as a licensing system for polluters:
• Before you build a factory, you apply to the SPCB for CTE. The SPCB assesses your proposed design, layout,
and waste treatment plan.
• If approved, the CTE specifies conditions – what effluent treatment you must have, what emission levels you
must meet.
• Once built, you apply for CTO before you can start operations.
• CTO is typically renewable annually. The SPCB can inspect at any time. If you breach the conditions, the
SPCB can cancel your CTO and shut you down.
• Any violation of consent conditions is a criminal offence under the respective Act.
This system creates a 'polluter registration' database – every industrial unit that discharges into water or air must be
registered with the SPCB.

4.5 Key Case Laws

• M.C. Mehta v. Union of India (Ganga Pollution Case) – AIR 1988 SC 1037: Tanneries and other factories
along the banks of the Ganga in Uttar Pradesh were discharging untreated effluents directly into the river. The
Supreme Court ordered all of them to apply for and obtain consent from the UP SPCB or face immediate
closure. The Court also held that municipalities (local bodies) have a legal duty to prevent sewage from
entering rivers. The Ganga case led to the launch of the Ganga Action Plan – a major government programme
to clean up the river.
• M.C. Mehta v. Union of India (Delhi Vehicular Pollution Case) – (2002) 4 SCC 356: Delhi had become one
of the most polluted cities in the world largely due to its diesel-fuelled public transport buses. The Supreme
Court ordered the entire Delhi bus fleet to convert to CNG (Compressed Natural Gas – a much cleaner
burning fuel than diesel), phased out all old diesel commercial vehicles, and directed the government to
introduce Euro II and Euro III emission norms (European emission standards for vehicles, which set limits on
how much particulate matter and NOx a vehicle may emit). The Supreme Court was effectively acting as a
regulatory authority, directing the government on technical standards.
• Rural Litigation and Entitlement Kendra v. State of U.P. (Doon Valley Case) – AIR 1985 SC 652:
Limestone quarries in the Mussoorie hills (Doon Valley, Uttarakhand) were causing severe air pollution from
quarrying dust, destroying forest cover, and contaminating springs that fed the Doon Valley's water supply.
The Supreme Court ordered closure of all the quarries operating without proper environmental safeguards.
This was one of the earliest Supreme Court cases recognising the State's duty under Article 48A. The Court
balanced the economic interests of quarry owners against long-term environmental harm to the region and
chose the environment.
• A.P. Pollution Control Board v. M.V. Nayudu – (1999) 2 SCC 718: This case established guidelines on how
the Precautionary Principle should be applied. The Court held that when the activity involves a risk of serious
or irreversible environmental harm, the burden of proof shifts to the person proposing the activity to show it is
safe – rather than requiring those opposing it to prove it is dangerous. This reversed the ordinary legal burden
of proof in cases involving environmental risk near ecologically sensitive areas like water sources.
4.6 International Comparison
The US Clean Water Act (1972) and Clean Air Act (1963, significantly amended 1970 and 1990) have the same two-
level structure – the US EPA (Environmental Protection Agency) sets national standards and states implement them.
The EU's Water Framework Directive (2000/60/EC) takes a river-basin management approach: entire river catchments
are managed as one unit, rather than regulating individual factory discharges in isolation. India's main challenge is not
the law but enforcement: SPCBs are chronically underfunded, short-staffed, and often under political pressure not to
close factories that employ large numbers of people. The consent mechanism functions on paper but factory
inspections are infrequent.

5. HAZARDOUS WASTE MANAGEMENT

5.1 What is Hazardous Waste and Why is it Different?
Ordinary waste (household garbage, food scraps) decomposes over time and can be managed by municipal systems.
Hazardous waste is different: it contains substances that are toxic, flammable, corrosive, reactive, or infectious. It does
not break down harmlessly – it persists in soil and groundwater for years or decades and can cause cancer, organ
damage, genetic mutations, and death in humans and animals. Examples of hazardous waste generated by Indian
industries:
• Chromium sludge from tanneries (leather factories) – a known carcinogen.
• Mercury from chlor-alkali plants (factories that make chlorine and caustic soda).
• Cyanide from electroplating and metal finishing industries.
• Pesticide residues from agrochemical factories.
• Spent acids and solvents from chemical manufacturing.
• Fly ash and bottom ash from coal-fired power plants (containing heavy metals).
Two events that galvanised India's hazardous waste regulation:
• Bhopal Gas Tragedy (1984) – already described in Section 1.1.
• Bichhri Village, Rajasthan (1989) – Chemical factories produced H-acid (a dye intermediate) and oleum
(super-concentrated sulphuric acid). They discharged waste directly onto the land. The sludge seeped into the
groundwater, making well-water black and undrinkable, killing cattle and crops across a wide area for years.
This became one of India's worst industrial contamination cases.
Internationally, India is a signatory to the Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal (1989, ratified by India in 1992). The Basel Convention's main purpose is to
prevent rich industrialised countries from dumping their hazardous waste in developing countries under the guise of
'recycling' or 'reuse'. It requires prior informed consent of the receiving country before any hazardous waste crosses an
international border.

5.2 The Legal Framework

EPA 1986 (Section 6): The parent authority – gives the Central Government power to make rules for the handling,
storage, transport, and disposal of hazardous substances.
Hazardous Wastes (Management and Handling) Rules, 1989: India's first dedicated hazardous waste rules.
Amended extensively in 2000 and 2003 to expand the list of wastes covered and tighten rules on import and export.
Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016: Currently in force,
replacing the 1989 Rules. These consolidated the rules for hazardous waste with related categories (waste oils, bio-
medical waste components, e-waste aspects) and fully aligned India with its Basel Convention obligations.
Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 (MSIHC Rules): These rules regulate
companies that manufacture, store large quantities of, or import hazardous chemicals (as opposed to waste). They
require companies to prepare two emergency plans: an Onsite Emergency Plan (what the factory staff will do if there
is an accident) and an Offsite Emergency Plan (what local authorities will do to protect surrounding communities).
Both must be submitted to the District Collector and practised through drills.
Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996: These establish a national
four-tier crisis management structure – from the factory site level, to the local district level, to the state level, to the
national level – for responding to industrial chemical accidents.

5.3 The 2016 Rules in Practice

The 2016 Rules apply to any 'occupier' (the person in legal control of a factory or industrial premises) who generates
hazardous waste, and to operators of facilities that store, treat, or dispose of it.
Schedule I: Lists 75 categories of hazardous waste defined by their industrial origin (what process generates them)
and their hazardous characteristics. If your waste appears in Schedule I, you are governed by these Rules.
Schedule II: Lists waste categories that can be moved across borders between countries that are parties to the Basel
Convention, subject to prior informed consent procedures.
Schedule III: Lists waste categories restricted from being moved to or from countries that are NOT parties to the
Basel Convention.

What the Occupier (Factory Owner/Manager) Must Do

• Register with the SPCB and obtain authorisation (a specific permit for handling hazardous waste).
• Maintain a detailed record (Form 3) of all hazardous waste generated, stored, transported, treated, and
disposed of. This creates a 'paper trail' or 'manifest system' to track where every tonne of hazardous waste
goes.
• File annual returns to the SPCB (Form 4) – a yearly report on waste generated and its disposal.
• Package and label hazardous waste correctly before moving it – so that anyone handling it knows what it is
and what precautions to take.
• Only use registered transporters who are authorised to carry hazardous waste, and use a prescribed transport
manifest (Form 10 – a tracking document that travels with the waste).
• Send hazardous waste only to authorised TSDFs (Treatment, Storage and Disposal Facilities) – not to
informal recyclers or open land.

Treatment, Storage and Disposal Facilities (TSDFs)

A TSDF is a specially designed facility that receives hazardous waste from multiple factories, treats it to reduce its
toxicity, and either recovers usable materials or permanently disposes of the remainder. TSDFs are typically built on a
regional basis – one facility may serve all hazardous waste generating industries in a particular zone. To operate, a
TSDF must be authorised by the SPCB and must have: an environmental management plan, a groundwater monitoring
system (to detect any leaks), and an emergency response plan. Landfill cells within TSDFs must be lined with
impermeable barriers to prevent leachate (the toxic liquid that seeps through waste) from entering groundwater.

5.4 Import and Export of Hazardous Waste

Import of hazardous waste into India purely for disposal is completely prohibited. Import for the purpose of reuse,
recycling, or recovery as a raw material may be permitted by MoEFCC, but only with the prior informed consent of
the exporting country, and the waste must genuinely be usable as a raw material in Indian industry. Export of
hazardous waste requires the receiving country's written consent and notification of all countries the waste will transit
through, consistent with India's Basel Convention obligations. India has applied the Basel Ban Amendment principles
– which restrict exports of hazardous waste from developed to developing countries – through its domestic rules.

5.5 Site Remediation – Cleaning Up Past Contamination

Rule 20 of the 2016 Rules deals with contaminated sites – land that has already been polluted by past hazardous waste
disposal. The SPCB can order the occupier (or former occupier) to assess the extent of contamination and prepare a
Remediation Plan – a detailed plan for cleaning up the land and groundwater. The occupier must implement the plan
at their own cost. If they refuse or fail, the SPCB can do the remediation itself and recover the costs from the occupier.
This is an application of the Polluter Pays Principle.

5.6 Radioactive Waste

Radioactive waste is not covered by the EPA's hazardous waste rules at all. It is a separate subject governed by the
Atomic Energy Act, 1962 and the Atomic Energy (Radiation Protection) Rules, 2004, administered by the Atomic
Energy Regulatory Board (AERB). AERB sets limits on radiation exposure for workers and the public, and prescribes
how radioactive waste must be stored (often in deep geological repositories) and disposed of. The secrecy
requirements of nuclear energy mean radioactive waste management has far less public scrutiny than other hazardous
waste.

5.7 E-Waste
Electronic waste (old computers, phones, televisions, batteries) contains hazardous substances like lead, mercury,
cadmium, and brominated flame retardants. It is governed by the E-Waste (Management) Rules, 2016 (amended in
2022), separate from the hazardous waste rules. The key mechanism is Extended Producer Responsibility (EPR): the
companies that manufacture or import electronic equipment are legally responsible for collecting and properly
recycling it at the end of its life. They must register with the CPCB and meet annual collection targets, using only
authorised e-waste dismantlers and recyclers.

5.8 Who is Responsible – Agencies and Their Roles

• CPCB: Maintains the national inventory of hazardous waste generating industries and all authorised TSDFs.
• MoEFCC: Handles import/export clearances for hazardous waste and issues policy guidelines.
• SPCB: The primary body for authorisation, inspection, and enforcement at the state level.
• District Collector: Involved in emergency response to chemical accidents under the 1996 Rules.
• National Environment Policy, 2006: Includes policy commitments for hazardous waste minimisation – i.e.,
reducing the generation of hazardous waste in the first place through cleaner production technologies.

5.9 Key Case Laws

• Indian Council for Enviro-Legal Action v. Union of India (Bichhri Village Case) – AIR 1996 SC 1446:
Chemical industries in Bichhri, Rajasthan discharged H-acid sludge onto open land, contaminating
groundwater across a wide area. The Supreme Court applied Absolute Liability: since the industries were
engaged in a hazardous activity and harm resulted, there were no defences available. The Court directed the
industries to pay for full remediation of the affected land and water, and established that the Polluter Pays
Principle is judicially enforceable through Article 32 petitions.
• M.C. Mehta v. Union of India (Oleum Gas Leak – Shriram Food & Fertilisers) – AIR 1987 SC 1086:
Beyond evolving Absolute Liability (discussed in Section 1.2a), the Court also established that hazardous
industries have an ongoing duty to maintain the highest safety standards, to warn surrounding communities,
and that no safety lapse can be excused by cost or inconvenience.
• Research Foundation for Science Technology and Natural Resource Policy v. Union of India – (2005) 13
SCC 186: The petitioner challenged the import of hazardous waste (including ship-breaking waste containing
asbestos, PCBs, and heavy metals) from developed countries into India. The Supreme Court applied the
Precautionary Principle and imposed strict conditions on such imports, essentially holding that India cannot be
used as a dumping ground for the toxic waste of wealthy nations under the guise of recycling.
• Vellore Citizens Welfare Forum v. Union of India – AIR 1996 SC 2715: Chemical tanning waste from
tanneries contained chromium and other toxic substances that contaminated the Palar River and surrounding
 agricultural land. The Court applied both the Precautionary and Polluter Pays Principles and directed
establishment of a Green Bench (a specialised bench for environmental cases) to monitor ongoing
remediation.

5.10 International Comparison

The US Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly called
'Superfund' (1980), is the gold standard for hazardous waste site remediation law. It imposes retroactive, strict, joint
and several liability – meaning anyone who ever owned or operated a contaminated site, or who deposited hazardous
waste there, can be made to pay the full cost of clean-up, even if the activity was legal at the time. The US EPA can
designate 'Superfund sites' and sue all past and present owners to recover clean-up costs.
India has no equivalent retroactive liability mechanism. The 2016 Rules only address contaminated sites going
forward, and the judicial Polluter Pays orders (like Bichhri) are case-by-case rather than systemic. The EU's Waste
Framework Directive (2008/98/EC) establishes a waste hierarchy – prevention first, then reuse, recycling, recovery of
energy, and landfill as a last resort – which India's rules broadly follow in principle. The National Green Tribunal has
increasingly stepped in to order remediation where the statutory system fails, but a comprehensive CERCLA-style law
for legacy contamination remains absent.

6. CROSS-TOPIC CASE LAW QUICK REFERENCE

These cases come up across multiple topics. Learn the citation, the core principle, and which topics it connects to.

Case Citation Topics What it stands for

M.C. Mehta v. UOI AIR 1987 SC EPA, Hazardous Absolute Liability – hazardous industries have no
(Oleum Gas Leak / 1086 Waste, Air defences when their activity causes harm
Shriram)
M.C. Mehta v. UOI AIR 1988 SC Water Pollution, Article 21 includes clean water; municipalities must
(Ganga Pollution) 1037 EPA prevent sewage from entering rivers
M.C. Mehta v. UOI AIR 1997 SC EPA, Air Precautionary Principle; Public Trust; cultural heritage
(Taj Trapezium) 734 Pollution is part of environment
M.C. Mehta v. UOI (2002) 4 SCC Air Pollution Court ordered CNG conversion; Court can act as
(Vehicular Pollution 356 environmental regulator
Delhi)
Vellore Citizens AIR 1996 SC EPA, Water, Precautionary Principle + Polluter Pays embedded in
Welfare Forum v. UOI 2715 Hazardous Indian constitutional law
Waste
Indian Council Enviro- AIR 1996 SC EPA, Hazardous Absolute Liability + Polluter Pays = industry must pay
Legal Action v. UOI 1446 Waste full remediation cost
(Bichhri)
S. Jagannath v. UOI AIR 1997 SC CRZ/Coastal, CRZ enforcement; shrimp farms ordered removed;
811 EPA compensation to fisherfolk
Church of God v. AIR 2000 SC Noise Pollution No religious right to create noise; loudspeakers not
K.K.R. Colony 2773 protected under Articles 19 or 25
Subhash Kumar v. State (1991) 1 SCC EPA, Water Article 21 includes right to pollution-free water and air
of Bihar 598
A.P. PCB v. M.V. (1999) 2 SCC Water, Air, EPA Precautionary Principle: burden shifts to developer to
Nayudu 718 prove safety
Maradu Flats / Kerala SC 2019–2020 CRZ/Coastal CRZ violations cannot be regularised; buildings were
CRZ demolished
Goa Foundation v. (2001) 2 SCC CRZ/Coastal CRZ notifications are legally binding; cannot be
Case Citation Topics What it stands for
Diksha Holdings 97 overridden by State orders
M.C. Mehta v. Kamal (1997) 1 SCC EPA Public Trust Doctrine: State cannot alienate
Nath 388 rivers/forests/air to private parties
Research Foundation (2005) 13 SCC Hazardous India cannot be used as dumping ground for foreign
for Science v. UOI 186 Waste hazardous waste
Rural Litigation Kendra AIR 1985 SC Air Pollution, Long-term environmental interest overrides short-term
v. UP (Doon Valley) 652 EPA economic gain from quarrying