Environmental Law

Critically examine the role of Article 21 of the Constitution in the development of environmental jurisprudence in India. How has the Supreme Court expanded the right to life to include the right to a clean and healthy environment? Discuss with reference to Subhash Kumar v. State of Bihar (AIR 1991 SC 420) and M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1987).[10 Marks]

Discuss the salient features of the Water (Prevention and Control of Pollution) Act, 1974. Explain the constitution, powers, and functions of the Central Pollution Control Board and State Pollution Control Boards. What are the penalties for contravention under this Act?[10 Marks]

Explain the 'Precautionary Principle' and the 'Polluter Pays Principle' as applied by the Supreme Court in Vellore Citizens Welfare Forum v. Union of India (AIR 1996 SC 2715). How have these principles been integrated into Indian environmental law as part of the law of the land?[10 Marks]

A chemical factory situated on the banks of River Ganga is discharging untreated industrial effluents into the river, causing severe water pollution affecting downstream villages. The factory holds a valid consent from the State Pollution Control Board. Discuss the legal remedies available to the affected villagers under the Water Act, 1974, the Environment Protection Act, 1986, and Article 21 of the Constitution. Can the NGT be approached?[10 Marks]

Discuss the objectives, composition, and jurisdiction of the National Green Tribunal established under the National Green Tribunal Act, 2010. How has the NGT contributed to environmental governance in India? Explain its powers of judicial review and the principles it applies in adjudicating environmental disputes.[10 Marks]

Trace the evolution of the 'Public Trust Doctrine' in environmental law. How was this doctrine applied by the Supreme Court of India in M.C. Mehta v. Kamal Nath (1997) 1 SCC 388? Discuss its significance in the protection of natural resources such as rivers, forests, and seashores. Also examine the doctrine of 'Absolute Liability' as propounded in M.C. Mehta v. Union of India (Oleum Gas Leak Case) and distinguish it from the rule in Rylands v. Fletcher. Evaluate how these doctrines together strengthen the environmental protection framework in India.[15 Marks]

A mining company obtains environmental clearance under the EIA Notification, 2006 for mining limestone in an ecologically sensitive area near a wildlife sanctuary. Local tribal communities and environmental activists challenge the clearance before the NGT, alleging violations of the Forest Conservation Act 1980, Wildlife Protection Act 1972, and the constitutional rights of the tribal communities. Discuss the legal issues involved, the applicability of the precautionary principle, the public trust doctrine, and the rights of tribal communities under the Forest Rights Act, 2006. How should the NGT decide the matter? Refer to Indian Council for Enviro-Legal Action v. Union of India (1996) and T.N. Godavarman v. Union of India.[15 Marks]

A thermal power plant in a residential area emits excessive smoke and particulate matter, causing respiratory diseases among residents. The plant argues it has obtained valid consent under the Air Act, 1981 and complies with emission standards. Discuss the remedies available to the residents under the Air Act, the Environment Protection Act, and constitutional provisions. Can the residents seek compensation under the polluter pays principle?[5 Marks]

Discuss the significance of the decision in Indian Council for Enviro-Legal Action v. Union of India (1996) 3 SCC 212 in the development of environmental jurisprudence. How did the Supreme Court apply the polluter pays principle and order restoration of the environment in this case involving chemical industries in Bichhri village, Rajasthan?[5 Marks]

Explain the salient features of the Wildlife (Protection) Act, 1972. Discuss the classification of protected areas into National Parks, Wildlife Sanctuaries, Conservation Reserves, and Community Reserves. What activities are prohibited within these areas? Discuss the 2022 amendments to the Act.[5 Marks]

A construction company proposes to build a commercial complex on a mangrove area along the coast. Discuss the legal provisions that protect mangroves and coastal areas under the CRZ Notification, the Environment Protection Act 1986, and relevant judicial pronouncements. Can the public trust doctrine be invoked to prevent this construction?[5 Marks]

Discuss the process of Environmental Impact Assessment (EIA) under the EIA Notification, 2006 as amended. Explain the stages of screening, scoping, public consultation, and appraisal. What are the categories of projects requiring EIA? Critically examine the dilution of EIA norms through subsequent amendments and its impact on environmental protection.[5 Marks]