ENVIRONMENT PROTECTION IN INDIA WITH SPECIAL

REFERENCE TO NATIONAL GREEN TRIBUNAL

A
DESSERTATION
SUBMITTED TO THE DEPARTMENT OF LAW
KURUKSHETRA UNIVERSITY, KURUKSHETRA
IN PARTIAL FULFILMENT OF THE REQUIREMENT
FOR THE DEGREE OF
MASTER OF LAW (LL.M)

SUPERVISED BY:

SUBMITTED BY:

Dr. DILIP KUMAR

ELIZA GUPTA

Professor

LL.M (Final)

DEPARTMENT OF LAW
KURUKSHETRA UNIVERSITY
KURUKSHETRA

2016
CERTIFICATE

This is certified that Ms. Eliza Gupta has completed her dissertation titled
as Environment Protection in India with Special Reference to National
Green Tribunal under my supervision. Her work is original, comprehensive
and fit for submission.

(Dr. Dilip Kumar)

ACKNOWLEDGMENT
This acknowledgement is only by way of a token thanks to my Guide Dr.
Dilip Kumar, Professor, Department of Laws, Kurukshetra University,
Kurukshetra, under whose jurisdiction, this dissertation has been carried out. I
express my deep sense gratitude to my respected teacher for his constant
support, able guidance and showing patience with me despite under predictable
delay and motivating me throughout.
A special thanks to Prof. Rajpal Sharma, Chairman & Dean, Department
of Laws, Kurukshetra University, Kurukshetra for valuable suggestion, which
have helped me a lot in preparing this dissertation.
Thanks to the staff of the Department of Laws, Kurukshera University,
Kurukshetra, especially to the library staff for their constant support.
Without the love and affection of my family it would not have been
possible to complete this work.
My heartfelt thanks to all the authors and research scholars whose studies
I have consulted.
I also thanks to my friends for their moral support and valuable help.

Eliza Gupta

TABLE OF CASES
1.
2.
3.
4.
5.
6.
7.

M.C. Mehta v. Union of India, (1997) 2 SCC 653

M.C. Mehta v. Union of India, AIR 1987 SC 965
Charanlal Sahu v. Union of India, MANU/SC/ 0285/1990.
S. Jagannath v Union of India 1997 (2)SCC87
RLEK V State of Uttar Pradesh AIR 1985 SC 652
Narmada Bachao Andolan v. Union of India (2000) 10 SCC 664
A.P Pollution Control Board Vs Prof M.V Nayudu [1999 (1) SC
140
8. Rylands v Fletcher
9. A.R.C. Cement Ltd. v, State of U.P.
10.Tarun Bharat Sangh v. Union of India
11.Ishwar Singh v. State of Haryana.
12.Buffalo Traders' Welfare Association v, Maneka Gandhi
13.V. Lakshmipathy v, State
14.M.L. Sud v. Union of India
15.People United for Better Living in Calcutta v, State of West Bengal
16.Goa foundation case
17.Subhash Kumar vs. State. of Bihar- (1991) 1 SCC 598
18.Koolwal V. State of Rajasthan
19.Virender Gaur V. State of Haryana
20.Law of Society of India V. Fertilizers & Chemicals Travancore Ltd.
21.Bayer India Ltd. V. State of Maharashta
22.Boban Joseph V/s Manikantan Nair ors
23.T.N. Godavarman Thirumulkpad Vs. Union of India, W.P. No. 202
of 1995
24.Gupta S.P. Vs President Of India And Org. AIR 1982 SC 149
25.Dehradun kendra Vs. State of U.P., AIR 1985 S.C. 652, (1985).
26.K.C. Malhotra Vs. State of M.P, AIR (1994)
27.Shanti Star Builders vs. Narayan Totame.- 1990(1)SCC 520
28.Vellore Citizens' Welfare Forum v. Union of India,
29.Ratlam Municipal Council Vs. Vardhichand
30.Indian Council for Enviro-Legal Action v. Union of India, 1996
31.1996, in the Vellore Citizens Welfare Forum vs. Union of India
32.S.P. Gupta Vs. Union of India
33.Rural Litigation And Entitlement Kendra, Dehradun Vs. Uttar
Pradesh
34.K.C. Malhotra Vs. State of Madhya Pradesh
35.Resident of Sanjay Nagar and others Vs. State of Rajasthan
36.Free Legal Cell Shri Sugan Chand Aggarwal alias Bhagat Ji Vs.
Govt. of NCT of Delhi and others.

CONTENTS
CHAPTERS

I.

DESCRIPTION

PAGE NOS.

INTRODUCTION

1-32

ENVIRONMENT PROTECTION
MEANING
REGULATIONS FOR PROTECTION OF ENVIRONMENT IN
INDIA
II.

HISTORICAL

PERSPECTIVE

&

DEVELOPMENT

ENNVIRONMENT PROTECTION IN INDIA

OF

33-68

THE GENESIS OF ENVIRONMENT PROTECTION

INTERNATIONAL CONVENTIONS
THE ENVIRONMENT PROTECTION ACT, 1986
THE NATIONAL GREEN TRIBUNAL ACT, 2002
ENVIRONMENT

PROTECTION

UNDER

INDIAN

CONSTITUTION
PROCEDURE RELATING TO COMPLAINT
III.

NATIONAL GREEN TRIBUNAL AS A PROTECTION OF

ENVIRONMENT IN INDIA

69-82

INTRODUCTION
WORKING OF THE STATUTE
HANDLING OF COMPLAINTS
POSITION TAKEN BY THE TRIBUNAL ON MAJOR
ENVIRONMENT PROTECTION ISSUES
COMPLAINTS BEFORE THE TRIBUNAL

 ROLE

OF

JUDICIARY

IN

PROTECTION

ENVIRONMENT
ROLE OF NATIONAL GREEN TRIBUNAL

OF

THE

IV.

ROLE OF NATIONAL GREEN TRIBUNAL AND JUDICIARY IN

PROTECTION OF THE ENVIRONMENT

83-114

INDIAN CONTEXT
SOME CONSTRAINTS
ROLE

OF

JUDICIARY

IN

PROTECTING

THE

ENVIRONMENT
PROMOTION OF ENVIRONMENT PROTECTION LITERACY
AND AWARENESS
NATIONAL

ACTION

PLAN

FOR

ENVIRONMENT

PROTECTION AND ACTION PLAN FOR ENVIRONMENT

PROTECTION EDUCATION
WATCHDOG
ROLE OF NATIONAL GREEN TRIBUNAL
V.

ENVIRONMENT

PROTECTION

IN

INDIA:

SCENARIO

CURRENT
115-183

SHORTCOMINGS IN THE LEGAL FRAMEWORK

JUDICIARY
POLLUTION CONTROL COMMITTEES AND NATIONAL
GREEN TRIBUNAL
ENVIRONMENT PROTECTION AND PRESENT SCENARIO
PEOPLE AND ENVIRONMENT PROTECTION
VI.

CONCLUSIONS & SUGGESTIONS

184-188

BIBLIOGRAPHY

189-191

REPORTS & JOURNALS

WEBSITE LINKS

LEGISLATIONS