ENVIRONMENTAL LAW

Semester – IV

INTRODUCTION OF THE COURSE:

Since the inception of human history, environment has played a vital role in
sustaining life and catering to the needs of the human beings. In fact, nature has made
a significant contribution through the ages in influencing different customs, cultures,
civilizations and development of mankind. But in due course of time man has lost the
sense of gratitude for the benevolence of nature. The passion for industrialization,
urbanization, modernization and technological development has become predominant
at the cost of environmental protection and this has led to the over-exploitation of the
environment and natural resources. The tremendous growth in population and
urbanization have created the problems such as deforestation, land degradation, huge
generation of chemicals and toxic wastes, pollution of air, water and marine
ecosystems, loss of biodiversity, ozone layer depletion, global warming and climate
change etc.
At present environmental pollution and degradation has become one of the biggest
hazards not only to human existence but also to the existence of all the gifts that
nature has bestowed on mankind. Unless immediate and urgent steps are taken to
control environmental pollution, a bleak and terrible future awaits the humanity. This
fact has accelerated the emergence of different legal measures at international and
national level for protection of environment and prevention of pollution. In such a
situation the role of national governments, the role of individuals and that of society
has become very important. Today, Environmental Law is one of the most important
tools for environment protection and management and hence it is necessary for Law
Students to understand this multidisciplinary subject. This course introduces the
multidisciplinary subject of environmental law and is designed to create among the
students-
a) Awareness regarding the problem of environmental pollution and Law as a
means of prevention of environmental pollution and protection of
environment.
b) A spirit of inquiry to explore the development of international
environmental law and its application in India for the protection of
environment.
c) To make the students aware about the provisions under the Indian
Constitution for protection of environment and the various legislative
measures. It also provides an opportunity to the students to understand the
activist role played by Indian Judiciary in protection of environment and
evolution of different principles such as polluter pay principle,
precautionary principle, inter-generational equity and sustainable
development.
At the end of this course the students would be familiar with the overall
environmental legal regime of the country as well as its international obligations. It
would equip the students with basic knowledge and skills to understand
environmental issues.

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TOTAL NO. OF LECTURES REQUIRED: 79 – 90 Lectures
EVALUATION
Attendance : 05
Snap Test : 10
Research Project : 25 [15+10 Project+ Viva]
Mid Term Examination : 20
End Term Examination : 40
TOTAL : 100

Syllabus

ENVIRONMENTAL LAW

MODULE I:

Introduction (4 – 5 Lectures)
a. Meaning, Definition and Concept of Environment - Components of Environment,
Biosphere and Ecosystem, Types of Environment.
b. Concept of Pollution – Sources of Pollution, Types of Pollution, and Effects of
Pollution.
c. Nature and Scope of Environmental Law – Importance, Law as a tool for
Environmental Protection.

Suggested References:
Books:
1. Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia
Law House, Hyderabad, 2008.
2. I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency,
Allahabad, 2002.
3. D.K. Asthana and Meera Asthana, Environment Problems and
Solutions, (2nd Edn.), S.Chand & Co. Ltd., New Delhi, 2001.
4. S. Shantakumar, Introduction to Environmental Law, (2nd Edn.),
Wadhwa & Company, Nagpur, 2005.
5. S.C. Shastri, Environmental Law, (3rd Edn.), Eastern Book Company,
Lucknow, 2008.

MODULE II:

International Law and Environmental Protection (15 – 18 Lectures)

a. History and Development of Environmental Protection under International Law-

Major international instruments for environmental protection.

b. Fundamental Principles of International Environmental Law

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c. United Nations Conference on Human Environment, 1972 (Stockholm Conference)
– Aims and Objectives of the Conference, Stockholm Declaration, 1972, Impact of
Stockholm, UNEP- Vienna Convention & Montreal Protocol, World Charter for
Nature,1982.

d. WCED – The Brundtland Commission, Brundtland Report 1987.

e. United Nations Conference on Environment and Development (UNCED/Earth

Summit) – Aims and Objectives of Conference, Rio Declaration 1992, Agenda 21,
Convention on Biological Diversity, 1992, Statement of Forest Principles, UNFCCC

f. Earth Summit Plus Five - Kyoto Protocol, 1997; Millennium Development Goals

g. Johannesburg Conference 2002 (WSSD) - Johannesburg Declaration & Major

Outcomes.

Suggested References:
Books:
1. S.C. Shastri, Environmental Law, (3rd Edn.), Eastern Book Company,
Lucknow, 2008.
2. Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia
Law House, Hyderabad, 2008.
3. Amod S. Tilak, Environmental Law, (1st Edn.), Snow White
Publication, Mumbai.
4. I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency,
Allahabad, 2002.
5. S. Shantakumar, Introduction to Environmental Law, (2nd Edn.),
Wadhwa & Company, Nagpur, 2005.
International Documents:
1. Stockholm Declaration on Human Environment, 1972
2. World Charter for Nature, 1982
3. Brundtland Commission Report- Our Common Future 1987
4. Vienna Convention on Protection of Ozone Layer, 1985 & Montreal Protocol, 1987
5. Rio Declaration on Environment and Development, 1992
6. Agenda 21
7. Convention on Biological Diversity, 1992
8. UN Framework Convention on Climate Change, 1992
9. Kyoto Protocol, 1997
10. Johannesburg Declaration on Sustainable Development,2002

MODULE III:

History and Development of Environmental Law in India (5 – 6 Lectures)

a. Environmental Protection in Ancient Indian Tradition and Culture - Protection of

Environment in Ancient India and During Medieval Period.

b. Protection of Environment during British Period – Major Legislations

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c. Protection of Environment during Post Independence Period – Pitambar Pant
Committee, Tiwari Committee, NCEP, Department of Environment, MoEF,
Environmental Plans and Policies, An overview of the present position

Suggested References:
Books:
1. Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia
Law House, Hyderabad, 2008 {Chapter 1- XI}.
2. S.C. Shastri, Environmental Law, (3rd Edn.), Eastern Book Company,
Lucknow, 2008 {Chapter 1}.
3. S. Shantakumar, Introduction to Environmental Law, (2nd Edn.),
Wadhwa & Company, Nagpur, 2005 {Chapter 5}.
4. Shyam Divan and Armin Rosencranz , Environmental Law and Policy
in India, Oxford University Press, New Delhi, 2005 {Chapter 2}.
5. I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency,
Allahabad, 2002 {Chapter 2}.
6. Amod S. Tilak, Environmental Law, (1st Edn.), Snow White
Publication, Mumbai, 2009 {Chapter 5}.

Article:
1. Krushna Chandra Jena, ‘Ecological and Environmental Protection
Movements: A Brief Conspectus’, AIR 2005 Journal 288.
MODULE IV:

Protection of Environment under the Indian Constitution (10 – 12 Lectures)

a. Introduction – Indirect Provisions, International Obligations, 42 nd Constitution

Amendment Act, 1976

b. Directive Principles of State Policy - Fundamental Duties

c. Development of Fundamental Right to Environment - Judicial Role, Expansion of

Locus Standi, PIL, Constitutional Remedy for Protection of Environment, Dynamic
Interpretation of Article 21, 14 & 19 of the Constitution

d. Right to Wholesome Environment – Right to Clean and Pollution-free

Environment, Right to Sweet Water

e. Incorporation of International Principles under Indian Constitution – Sustainable

Development - Precautionary and Polluter Pays Principles, Absolute and Strict
Liability, Doctrine of Public Trust, Inter-Generational Equity

Suggested References:
Books:
1. S.C. Shastri, Environmental Law, (3rd Edn.), Eastern Book Company,
Lucknow, 2008.
2. I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency,
Allahabad, 2002.
3. Amod S. Tilak, Environmental Law, (1st Edn.), Snow White
Publication, Mumbai.
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 4. Shyam Divan and Armin Rosencranz, Environmental Law and Policy
in India, Oxford University Press, New Delhi, 2005.
5. Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia
Law House, Hyderabad, 2008.
6. P Leelakrishnan, Environmental Law in India, (2nd Edn.), Lexis Nexis,
New Delhi, 2005.
Articles:
1. Akshay Sarathi, ‘Sustainable Development: Implementation Issues’, A
Socio-Political Journal of Symbiosis Society, Vol. 3, 2006.
2. Madhumita Dhar Sarkar, ‘Contribution of Indian Judiciary towards the
Development of Environmental Jurisprudence’, AIR 2005 Journal 298.
3. Abhijit Sen, Environmental Pollution and Role of Judiciary, AIR 1997
Journal 34.

Cases:
1. Municipal Council, Ratlam vs. Vardichand (1980 (4) SCC 162
2. Rural Litigation and Entitlement Kendra, Dehradun vs. State of
Uttar Pradesh (AIR 1988 SC 2187).
3. Subhash Kumar vs. State of Bihar (AIR 1991 SC 420).
4. Virender Gaur vs. State of Haryana (1995 (2) SCC 577).
5. T. Damodar Rao vs. The Special Officer, Municipal Corporation of
Hyderabad (AIR 1987 AP 171).
6. A.P. Pollution Control (II) vs. Prof. M. V. Nayadu, (1999) 2 SCC 718;
(2001) 2 SCC62.
7. Olga Tellis vs. Bombay Municipal Corporation (AIR 1986 SC 180).
8. Banvasi Seva Ashram vs. State of Uttar Pradesh (AIR 1987 SC 374).
9. State of Uttar Pradesh vs. Raj Narain (AIR 1975 SC 865).
10. S.P. Gupta vs. Union of India, (AIR 1982 SC 149).
11. Reliance Petrochemicals Ltd. vs. Proprietors of Indian Express
Newspapers Bombay Pvt. Ltd. (AIR 1989 SC 190).
12. M.C. Mehta vs. Kamal Nath (AIR 2000 SC 1997).

MODULE V

Environmental Protection and General Civil and Criminal Laws (4- 5 Lectures)
a. Environmental Protection and Law of Torts – Tort of Nuisance: Public and Private
– Tort of Negligence – Tort of Trespass – Environmental Torts
b. Provisions under Indian Penal Code & Under Code of Criminal Procedure.

Suggested References:
Books:
1. S.C. Shastri, Environmental Law, (3rd Edn.), Eastern Book Company, Lucknow,
2008. (Chapter 5)
2. I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency, Allahabad, 2002.
3. SP Singh & Indrajith Singh, Law of Torts, 4th Edn – 2006, Universal Law
Publishers, Delhi.
4. B M Gandhi, Law of Torts, EBC, Lucknow, 2002.
5. R K Bangia, Law of Torts, 8th Edn- 2005, Allahabad Law Agency, Haryana.
6. Ratanlal & Dhirajlal, The Law of Torts, 24th Edn-2004, Wadhwa, Nagpur.

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Statutes:
1. Indian Penal Code, 1860
2. Criminal Procedure Code, 1973
3. National Environmental Tribunal Act, 1995

MODULE VI

Protection of Water, Air and Environment in India (15- 20 Lectures)

a. The Water (Prevention and Control of Pollution) Act of 1974 - The Framework of
the Act , Regulatory Mechanism: Its Powers and Functions, Offences and Penalties
under Water Act, Role of Judiciary in Prevention of Water Pollution – An appraisal

b. The Air (Prevention and Control of Pollution) Act of 1981 - The Framework of the
Act, Regulatory Mechanism: Its Powers and Functions, Offences and Penalties under
Air Act, Role of Judiciary in Prevention of Air Pollution – An appraisal.

c. The Environment Protection Act (EPA) of 1986 - Main Aims and Objectives of the
Act, importance of Section 3 and 5 of EPA, Violation and Penalties under the Act –
EIA Notifications – An appraisal

d. Hazardous Waste Management and Handling Rules, 1989; Municipal Solid Waste
Management and Handling Rules 2000; Biomedical Waste Management and Handling
Rules 1998; Noise Pollution Regulation and Control Rules 2000

Suggested References:
Books:
1. Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia
Law House, Hyderabad, 2008 {Chapters 7, 9, 11}.
2. Shyam Divan and Armin Rosencranz, Environmental Law and Policy
in India, Oxford University Press, New Delhi, 2005 {Chapter 3-D}.
3. S.C. Shastri, Environmental Law, (2nd Edn.), Eastern Book Company,
Lucknow, 2005 {Chapters 6, 9, 10}.
4. Amod S. Tilak, Environmental Law, (1st Edn.), Snow White
Publication, Mumbai, 2009 {Chapter 15}.
5. P Leelakrishnan, Environmental Law in India, (2nd Edn.), Lexis Nexis,
New Delhi, 2005 {Chapter 7}.
6. I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency,
Allahabad, 2002 {Chapters Part – II, III and IV}.
Cases:

1. A.P. Pollution Control Board vs. Prof. M.V. Nayudu, (2001 (2) SCC 62).
2. Bombay Environmental Action Group vs. State of Maharashtra, (AIR 1991 Bom
301).
3. Indian Council for Enviro-Legal Action vs. Union of India, (1996 (3) SCC 212).
4. S. Jagannath vs. Union of India (Shrimp Culture Case) (AIR 1997 SC 811).
5. Goa Foundation vs. Konkan Railway Corporation, (AIR 1992 Bom.171).
6. Vellore Citizens Welfare Forum vs. Union of India, (AIR 1996 SC 2715).
7. Narula Dyeing and Printing vs. Union of India, (AIR 1995 Guj. 185).
8. M.C. Mehta vs. Union of India, (Shriram Food and Fertilizer Case) (1986) 2 SCC
176).
9. Ganga Pollution Cases
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Bare Acts:
1. The Water (Prevention and Control of Pollution) Act, 1974.
2. The Air (Prevention and Control of Pollution) Act, 1981.
3. The Environment (Protection) Act, 1986.
MODULE VII
Protection of Forest, Wild Life and Biodiversity (12 – 15 Lectures)
a. Importance of Forest and need for its Conservation, Indian Forest Act, 1927 and its
Salient Features, Forest Conservation Act, 1980 and its Salient Features, Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 and its salient features, Judicial Approach for Forest Conservation.

b. The Wildlife Protection Act 1972 - Sanctuaries and National Parks, Licensing of
Zoos and Parks, State Monopoly in the Sale of Wild Life and Wild Life Articles,
Offences against Wild Life

c. Biodiversity Conservation - Biological Diversity Act, 2002 and its Salient Features

Suggested References:
Books:
1. S.C. Shastri, Environmental Law, (2nd Edn.), Eastern Book Company,
Lucknow, 2005 {Chapters 11, 12}.
2. Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia
Law House, Hyderabad, 2008 {Chapters 15-A, 15-B, 16-A}.
3. P Leelakrishnan, Environmental Law in India, (2nd Edn.), Lexis Nexis,
New Delhi, 2005 {Chapter 2}.
4. S. Shantakumar, Introduction to Environmental Law, (2nd Edn.),
Wadhwa & Company, Nagpur, 2005 {Chapters 16, 18, 19}.
Article:
1. Ramya Seetharaman, ‘The Law on Wildlife and Protected Areas in
India: An Analysis’, Indian Journal of Environmental Law 68, Vol. 2,
2001.
Cases:

1. T.N. Godavarman Thirumulpad vs. Union of India, (2001 (10) SCC 645)
2. Banvasi Seva Ashram vs. State of Uttar Pradesh, (1987 (3) SCC 304)
3. Tarun Bharat Sangh, Alwar vs. Union of India, (1998 supp (3) SCC 115
4. Pradip Krishnan vs. Union of India, (1996 (8) SCC 599)
5. Indian Handicraft Emporium vs. Union of India, (AIR 2003 SC 3240)
6. Animal and Environmental Legal Defence Fund vs. Union of India, (AIR 1997 SC
1070)
7. Centre for Environmental Law WWF-1 vs. Union of India, (AIR 1999 SC 354)
8. Rural Litigation Entitlement Kendra vs. State of Uttar Pradesh, (AIR 1988 SC
2187)
9. Fatesang Gimba Vasava vs. State of Gujarat, (AIR 1987 Guj. 9)
10. Ivory Traders and Manufacturers Association vs. Union of India, (AIR 1997 Del
267)

Bare Acts:
1. The Forest Act, 1927.
2. The Forest (Conservation) Act, 1980.
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 3. Wildlife (Protection) Act, 1972 as amended in 1991, 2002 and 2006.
4. Biological Diversity Act, 2002.

MODULE VIII
Emerging Issues in Environmental Law (6 – 8Lectures)
a. Environment Impact Assessment – Definition and Meaning, Types: Mandatory and
Discretionary
b. Global Warming and Climate Change – Nature and Causes, Legal Framework:
International and National Responses
c. Natural Resources Accounting
d. National Green Tribunal Act 2010- An Appraisal
Suggested References:
Books:
1. P Leelakrishnan, Environmental Law in India, (2nd Edn.), Lexis Nexis,
New Delhi, 2005.
Articles:
1) R.A. Malviya, ‘International Regulation of Global Warming: Problems
and Prospects’, The Banaras Law Journal, Vol. 31, Jan. 2002.
2) Anwar Sadat, ‘Some Legal Aspects of Bali Summit on Climate
Change’ Indian Journal of International Law, Vol. 48, No. 1, Jan-March
2008.
3) Gianluca Rubagotti, ‘The Clean Development Mechanism:
Establishing a Regulatory Framework to Favour Climate-Friendly
Investments in Developing Countries’, Indian Journal of International
Law, Vol. 46, No. 2, April-June 2006.
4) Krushna Chandra Jena, ‘Ecological and Environmental Protection
Movements: A Brief Conspectus’, AIR 2005 Journal 288.
5) Venkatesh Vijayaraghavan, ‘Implementation of the Biodiversity
Convention in India and Canada’, 2001 Indian Journal of
Environmental Law, 21, Vol.2.
6) K.C. Leelavathy, ‘Global Warming: A Global Concern’, Peace and
Development Digest, New Delhi, Vol. 5 No. 3-4, 2000.

International Documents:

1. Montreal Protocol, 1987

2. Rio- Declaration, 1992
3. Kyoto Protocol, 1997
4. Johannesburg Declaration on Sustainable Development, 2002
5. UN Framework Convention on Climate Change, 1992
6. Copenhagen Accord, 2010

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