EV act 1986 Unit 1 to Unit 6
Unit 1
✅ UNIT 1: Environmental Law – Simplified Notes
https://www.youtube.com/watch?v=WpGUNC3fckE&ab_channel=AKAllEducation
🌱 1. Definition of Environment (Section 2(a), Environment Protection Act, 1986)
Meaning:
Environment means everything around us –
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Air
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Water
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Land
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And the relationship between all of these and humans, animals, plants, microorganisms, and property.
📝 It is not a fixed or limited definition – it includes all components of nature and life that are interrelated.
🌍 2. Sustainable Development – Simple Explanation
What is Sustainable Development?
It means developing today without harming tomorrow.
In short:
"Use resources now in a way that future generations can also enjoy them."
🧾 Where the idea came from:
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First discussed in the Stockholm Declaration, 1972
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Defined in the Brundtland Report (Our Common Future):
“Development that meets the needs of the present without compromising the future.”
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Further supported in Agenda 21 (Rio Conference, 1992)
Details:📝 1. Stockholm Declaration (1972)
This was the first international conference where the world talked seriously about protecting the environment.
➡ It said:
“People have the right to live in a healthy environment.”
And also a duty to protect it for future generations.
Also called "Our Common Future", this report gave the most famous definition of sustainable development:
“Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”
🧠 This report was made by a world commission led by Gro Harlem Brundtland, former Prime Minister of Norway.
Also known as the Earth Summit, this was a big global meeting held in Rio de Janeiro, Brazil.
Countries agreed to follow "Agenda 21", a plan to protect the planet while still allowing development.
It promoted sustainable agriculture, clean energy, forest protection, and more.
✅ Summary
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The Stockholm Declaration introduced the need for environmental protection.
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The Brundtland Report gave a clear definition of sustainable development.
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The Rio Conference (Agenda 21) showed how to actually implement it
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🔑 3 Main Principles of Sustainable Development
a) Inter-Generational Equity
Each generation has a right to use resources, but also a duty to protect them for the next generation.
b) Precautionary Principle
Take action to prevent environmental harm even if full proof is not available.
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Don't wait for disasters.
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Prevention is better than cure.
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The burden of proof is on the person doing the activity.
c) Polluter Pays Principle
If someone causes pollution, they must pay for cleaning it up and compensating the affected people.
⚖️ Important Supreme Court Cases (Made Easy)
✔️ Vellore Citizens Welfare Forum v. Union of India
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Tanneries polluted the Palar River.
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Supreme Court applied:
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Precautionary Principle
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Polluter Pays Principle
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Outcome: Polluting industries had to pay for the damage.
✔️ Rural Litigation & Entitlement Kendra v. State of U.P. (Doon Valley Case)
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Mining in Dehradun hills harmed the environment.
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Court stopped mining, even though it caused hardship, saying people's health and environment come first.
✔️ Tarun Bharat Sangh v. Union of India
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Mining allowed in forests of Rajasthan.
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SC said no mining in protected areas without proper laws.
✔️ M.C. Mehta v. Union of India
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Delhi had stone crushers polluting the air.
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Court shut them down but allowed them to move to a safer zone.
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Shows balance between development and environment.
🕉️ 3. Environmental Protection in Ancient India – In Simple Words
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In ancient times, Indians worshipped nature – trees, rivers, animals, and land.
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"Panch Mahabhutas" (Earth, Water, Fire, Air, Space) were seen as sacred.
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Laws like Kautilya’s Arthashastra and Manu Smriti had rules to punish environmental damage.
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Sacred groves (protected forests) were common.
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Ashoka's edicts showed care for animals and nature.
But:
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India wasn’t one country, so laws varied between kingdoms.
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Over time, some superstitions and harmful rituals affected nature negatively.
🏰 Environmental Protection in Medieval India
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Mughals built gardens and loved nature.
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But no proper laws to protect forests or animals.
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Akbar supported tree planting and discouraged killing animals.
✅ Conclusion:
Even thousands of years ago, India valued nature. Today, we mix modern laws with traditional respect to protect our environment.
Unit 2:
✅ Right to Healthy Environment as a Fundamental Right
🟢 Introduction
A healthy environment is essential for human life. It helps people live and grow physically, mentally, and emotionally in a safe and clean atmosphere.
The Stockholm Declaration (1972) stated that humans have a fundamental right to live in an environment of quality that permits a life of dignity and well-being.
India is one of the first countries to include environmental protection in its Constitution, both for the State and citizens.
🏛️ Role of Constitution and Judiciary
The 42nd Amendment Act, 1976:
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Added Article 48A (Directive Principles):
➤ “The State shall endeavour to protect and improve the environment and safeguard forests and wildlife.” -
Added Article 51A(g) (Fundamental Duty):
➤ “Every citizen must protect and improve the environment and have compassion for living creatures.”
Together, these laid the foundation for environmental protection as a national responsibility.
📜 FUNDAMENTAL RIGHTS & THE ENVIRONMENT
✅ 1. Article 21 – Right to Life
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
This article has been interpreted by the Supreme Court to include the right to a pollution-free, healthy, and wholesome environment.
Important Cases:
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Dehradun Quarry Case: Supreme Court closed limestone quarries in Mussoorie due to ecological damage.
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M.C. Mehta Cases: The court protected air, water, and public health under Article 21.
✅ 2. Right to Livelihood under Article 21
The Olga Tellis v. Bombay Municipal Corporation case extended Article 21 to include the right to livelihood.
➤ Removing pavement dwellers without alternative shelter was held to be violation of the right to life.
This shows that environmental laws must also respect people’s livelihoods, and development must be balanced with social justice.
✅ 3. Article 14 – Right to Equality
“The State shall not deny to any person equality before the law or equal protection of the laws.”
This article has been used to challenge:
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Arbitrary government decisions like illegal construction or mining licenses that damage the environment.
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Ensures that everyone is equally protected from environmental harm.
Example:
If the government allows mining in a village without proper approval, villagers can challenge it under Article 14.
⚖️ Directive Principles & Fundamental Duties Support Article 21
Though Directive Principles are not enforceable, courts use them to interpret laws in favour of environment.
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Article 48A guides the State to act responsibly.
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Article 51A(g) reminds citizens to take care of nature.
🧑⚖️ Writ Jurisdiction – Article 32 & 226
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Article 32: Right to move the Supreme Court directly for violation of Fundamental Rights.
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Article 226: High Courts can hear cases for Fundamental Rights or other legal issues.
These provisions have allowed Public Interest Litigations (PILs) for environmental protection.
📝 Conclusion
The Supreme Court of India has played a vital role in expanding the meaning of Article 21 to include the right to a clean and healthy environment.
Environmental protection is now seen as a part of human rights in India.
Both the State and citizens have a shared responsibility to protect nature.
📌 Revision Snapshot
| Constitutional Provision | Role in Environment Protection |
|---|---|
| Article 21 | Right to life = Right to clean environment |
| Article 14 | Equality before law = No unfair environmental decisions |
| Article 48A | State must protect forests and wildlife |
| Article 51A(g) | Citizens must protect the environment |
| Article 32 & 226 | Writs can be filed in SC & HC for environmental rights |
UNIT 3:
🌿 Scope and Purpose
The Environment Protection Act, 1986 was enacted after the Bhopal Gas Tragedy (1984) to provide a comprehensive legal framework for environmental protection in India.
🎯 Objectives of the Act:
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To implement decisions made at the Stockholm Conference (1972) on the environment.
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To fill the gaps left by earlier laws (like Air Act, Water Act).
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To coordinate the efforts of various agencies working on environmental issues.
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To establish authorities for monitoring and enforcement.
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To punish violators who pollute or harm the environment.
📌 Applicability: The Act applies across India, including Jammu & Kashmir, and came into force on 19 November 1986.
🔍 Key Definitions (Section 2)
| Term | Meaning | Simple Example |
|---|---|---|
| Environmental Pollutant | Any solid, liquid, or gas that harms the environment in high concentration | Smoke from chimneys |
| Environmental Pollution | Presence of pollutants that cause an imbalance | Oil spill in the ocean |
| Hazardous Substance | A chemical that can cause harm due to its nature or mishandling | Acid or pesticide |
| Occupier | Person in control of a factory or substance | Factory owner or supervisor |
🏛️ Powers of the Central Government (Sections 3–6)
The Central Government can:
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Coordinate with state authorities
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Set environmental quality and emission standards
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Restrict industries in sensitive areas
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Form environmental authorities
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Create rules for hazardous substances
📌 Example: The government may ban heavy industries near rivers or national parks.
🛑 Prevention and Control of Pollution (Sections 7–9)
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Section 7: No one can emit pollutants beyond prescribed limits.
🔹 Example: A factory can't release more smoke than allowed. -
Section 8: Handling of hazardous substances must follow safety rules.
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Section 9: In case of accidents or pollution, authorities must be immediately informed, and remedial action taken.
🔎 Inspection & Sampling (Sections 10–14)
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Authorities can enter and inspect premises.
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They can take samples of air, water, or soil for testing.
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Government labs and analysts give official reports.
📌 Example: A pollution control officer visits a chemical factory and collects water samples for lab testing.
⚖️ Penalties (Sections 15–17)
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General Offences (Sec 15):
➤ Up to 5 years jail or ₹1 lakh fine or both.
➤ Continued offence = ₹5,000 per day extra. -
Offences by Companies (Sec 16):
➤ Company heads responsible if they knew or were negligent. -
Offences by Government Departments (Sec 17):
➤ Department Head or Officer held accountable unless proven innocent.
📌 Example: A government-run plant polluting a river can face legal action under this Act.
🧠 Summary Table for Quick Revision
| Section | Topic | Key Point |
|---|---|---|
| 2 | Definitions | Pollution, Pollutants, Hazardous Substances |
| 3–6 | Powers | Central Govt sets standards, issues rules |
| 7–9 | Prevention | No excess pollution, safe handling, report accidents |
| 10–14 | Enforcement | Entry, inspection, sampling, lab reports |
| 15–17 | Penalties | Strict punishment for companies and govt departments |
UNIT 4
https://www.youtube.com/watch?v=HcLWqrMTyyg&ab_channel=AKAllEducation
| Act | Year | Purpose | Authority | Key Provision |
|---|---|---|---|---|
| Water Act | 1974 | Control water pollution | CPCB/SPCBs | No discharge without consent |
| Air Act | 1981 | Control air pollution | CPCB/SPCBs | Restrict emissions, control areas |
| Noise Rules | 2000 | Control noise levels | Police/DM/CPCB | Decibel limits, time restrictions |
Sure! Here’s a detailed yet easy-to-understand answer for Unit 4: Water, Air, and Noise Pollution, focusing on the Water Act, 1974 and the Air Act, 1981, as per your syllabus:
✅ UNIT 4: Water, Air, and Noise Pollution
🌊 4.1 The Water (Prevention and Control of Pollution) Act, 1974
📌 Objective:
To prevent and control water pollution and to maintain or restore the wholesomeness of water in India.
⚖️ Key Features of the Water Act, 1974:
| Section | Topic | Explanation |
|---|---|---|
| Definition | Water pollution | Contamination of water making it harmful for living beings |
| Section 3 | Central Pollution Control Board (CPCB) | Advises the Centre, coordinates with State Boards |
| Section 4 | State Pollution Control Boards (SPCBs) | Monitor and control water pollution in each state |
| Section 17 | Functions of State Boards | Plan programmes, inspect, monitor water quality |
| Section 24 | Prohibition | No person shall knowingly allow any poisonous, polluting matter into streams, wells, sewers |
| Section 25 | Prior Approval | Industry must take consent from the Board before discharging sewage or trade effluents |
| Section 33A | Power to issue directions | Board can order the closure of polluting industries |
🧑⚖️ Important Case Example:
M.C. Mehta v. Union of India (Ganga Pollution Case)
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Tanneries were polluting the Ganga River
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Supreme Court ordered industries to either set up treatment plants or shut down
🔍 Quick Summary of Water Act:
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Establishes CPCB & SPCBs
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Consent required before discharging waste
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Heavy penalties for violating pollution limits
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Focuses on prevention and treatment
🌬️ 4.2 The Air (Prevention and Control of Pollution) Act, 1981
📌 Objective:
To prevent, control, and reduce air pollution, and to maintain air quality standards.
⚖️ Key Features of the Air Act, 1981:
| Section | Topic | Explanation |
|---|---|---|
| Definition | Air pollutant | Any solid, liquid, or gaseous substance in the air that can harm living beings or the environment |
| Section 3 | Establishment of CPCB | Same board as under the Water Act |
| Section 4 | State Pollution Control Boards | Also manage air pollution (except in Union Territories) |
| Section 19 | Declaration of Air Pollution Control Areas | State Govt can declare any area as an air pollution control zone |
| Section 21 | Consent to Establish or Operate | No industry can start without permission from SPCB |
| Section 22 | Restriction on Emission | Industries must follow emission limits prescribed |
| Section 31A | Power to Issue Directions | Similar to Water Act – includes closure, stopping services like electricity/water |
🧑⚖️ Important Case Example:
M.C. Mehta v. Union of India (Vehicular Pollution Case)
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Delhi declared one of the most polluted cities
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Supreme Court ordered CNG conversion for public transport, ban on old vehicles
🔍 Quick Summary of Air Act:
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Targets factories, vehicles, and burning of materials
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Gives power to CPCB and SPCBs
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Requires consent before operation
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Allows declaration of pollution control zones
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Ensures punishment for violations
🔊 What About Noise Pollution?
Though not covered under a separate Act, it is regulated through:
📘 Environment Protection Act, 1986 + Noise Pollution (Regulation and Control) Rules, 2000
| Area | Regulation |
|---|---|
| Time Limits | Loudspeakers banned from 10 PM to 6 AM |
| Silent Zones | 100 meters around schools, hospitals, courts |
| Permissible Limits | Different decibel levels for industrial, residential, and silent zones |
| Power to Police/DM | Can seize equipment, issue warnings |
🧠 Case Example:
Re: Noise Pollution – In re (2005)
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Supreme Court banned bursting loud firecrackers at night
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Emphasised that noise pollution violates Article 21 (Right to Life)
📌 FINAL REVISION CHART
| Act | Year | Purpose | Authority | Key Provision |
|---|---|---|---|---|
| Water Act | 1974 | Control water pollution | CPCB/SPCBs | No discharge without consent |
| Air Act | 1981 | Control air pollution | CPCB/SPCBs | Restrict emissions, control areas |
| Noise Rules | 2000 | Control noise levels | Police/DM/CPCB | Decibel limits, time restrictions |
UNITT 5
Here is a comprehensive, exam-friendly answer on the topic “Environment and Town & Country Planning” based on the content you provided:
✅ Environment and Town & Country Planning
🌍 Introduction
Environmental pollution is largely the unintended consequence of rapid and unplanned development. When towns and rural areas expand without proper planning, it leads to issues such as overcrowding, pollution, poor sanitation, and environmental degradation.
🏗️ What is Town and Country Planning?
Town and Country Planning refers to the systematic planning of urban and rural areas in a way that promotes balanced development, safeguards the environment, and ensures a healthy and sustainable lifestyle for the people.
It includes:
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Land use planning
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Resource management
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Pollution control
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Infrastructure development
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Environmental protection
🎯 Importance of Environmental Perspective in Planning
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Development must align with scientific and technological methods to ensure long-term environmental health.
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Unplanned growth causes unhealthy living conditions and environmental hazards.
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Sustainable development should guide all planning efforts.
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While planning, a balance must be maintained between:
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Resource utilization and conservation
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Human needs and environmental capacity
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⚖️ Challenges Between Environment and Development
Planning must resolve conflicts such as:
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Overuse of natural resources
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Lack of balance between man-made and natural systems
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Poor health and sanitation
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Rising pollution and urban poverty
🧭 Main Features of Town and Country Planning
| Feature | Explanation |
|---|---|
| Economic Focus | Planning guides all economic activities of the region |
| Government's Role | The State plays an active and instrumental role |
| Balanced Resource Use | Resources must be used fairly and wisely |
| Minimum Environmental Impact | Development must not harm the existing environment |
🌱 Town and Country Planning: Key to Environmental Policy
Planning should ensure:
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Environmental protection at all levels
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Strict controls and approvals by local authorities
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Environmental conditions attached to development permissions
🏙️ Urban Planning and 74th Constitutional Amendment (1992)
The 74th Amendment gave constitutional status to urban local bodies to manage towns and cities. These include:
| Type of Body | Function |
|---|---|
| Nagar Panchayat | Transitional areas (rural to urban) |
| Municipal Council | Smaller urban areas |
| Municipal Corporation | Larger urban areas |
| Metropolitan Area | Areas with population over 10 lakhs |
| Industrial Township | Industrially important areas |
🏢 Functions of Urban Local Bodies
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Urban and town planning
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Economic and social development
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Urban land use regulation
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Water supply (domestic and industrial)
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Sanitation and waste management
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Public health and hospitals
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Urban forestry and green spaces
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Environmental protection
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Slum development
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Urban poverty alleviation
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Providing basic urban amenities
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Promoting cultural, educational and aesthetic values
✅ Conclusion
Environment and town & country planning are closely connected. No development can be sustainable if environmental concerns are ignored. Scientific, balanced, and community-based planning is the key to achieving a clean, green, and livable India. The focus must remain on eco-friendly development to preserve resources for future generations.
Unit 6:
✅ National Green Tribunal (NGT) – National Green Tribunal Act, 2010
🌿 Introduction:
The National Green Tribunal (NGT) was established under the National Green Tribunal Act, 2010 to provide effective and expeditious disposal of environmental cases. It deals with disputes related to environmental protection, conservation of forests, and natural resources, including enforcement of legal rights relating to the environment.
👥 1. Composition of the NGT
| Category | Description |
|---|---|
| Chairperson | 1 Full-time Chairperson (must be or have been a Supreme Court Judge or Chief Justice of a High Court) |
| Judicial Members | Minimum 10 – Maximum 20 |
| Expert Members | Minimum 10 – Maximum 20 |
| Special Invitees | Experts can be invited for specific cases |
| Benches | Can be established in different places with territorial jurisdiction |
| Rule-making | Central Govt (with Chairperson’s consultation) may frame rules on procedures, circuit sittings, minimum members, etc. |
⚖️ 2. Jurisdiction of the Tribunal
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NGT has original and appellate jurisdiction.
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It deals with civil cases where a substantial environmental question arises.
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It hears matters under the following Acts (Schedule I):
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Environment Protection Act, 1986
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Water Act, 1974
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Air Act, 1981
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Forest (Conservation) Act, 1980
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Biological Diversity Act, 2002
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Public Liability Insurance Act, 1991
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🕒 Limitation: Complaint must be filed within 6 months (extendable by 60 days with valid reason).
🛠️ 3. Powers and Proceedings of the NGT
| Power/Function | Description |
|---|---|
| Relief and Compensation (Sec 15) | For environmental harm, pollution accidents, damage to property and ecology |
| Restitution | Can order restoration of damaged environment and property |
| Appeals (Sec 16) | Against orders under various environment-related Acts |
| No Fault Principle | Liability doesn’t need proof of negligence for environmental damage |
| Application Process (Sec 18) | Can be filed by individuals, NGOs, Governments, Pollution Boards, legal heirs, etc. |
| Self-regulated Procedure | Guided by principles of natural justice, not bound by CPC or Evidence Act |
| Civil Court Powers | NGT can summon, receive evidence, enforce attendance, pass interim/stay orders |
| Final Orders | Binding and executable like a civil court decree |
| Compensation Deposit | To be credited to Environmental Relief Fund (under Public Liability Insurance Act, 1991) |
| Execution | If not paid, recoverable as arrears of land revenue |
⚖️ 4. Principles Followed by NGT
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Sustainable Development
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Precautionary Principle
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Polluter Pays Principle
📢 5. Appeal to Supreme Court (Sec 22)
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Can be made within 90 days from the NGT’s order
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Can be extended if a valid reason is shown
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Appeal must be based on questions of law (Sec 100 CPC)
💸 6. Cost and Penalty Provisions
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NGT can impose costs if the claim is false, frivolous, or vexatious
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May order loss compensation due to interim orders
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Violators can be prosecuted under environmental laws
✅ Conclusion:
The National Green Tribunal is a unique and powerful body in India that combines legal and scientific expertise. It plays a vital role in ensuring environmental justice, resolving disputes efficiently, and enforcing strict liability for environmental damage. It is the green watchdog of India.
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