ENVIRONMENT PROTECTION

ENVIRONMENT: ATMOSPHERE: The layer of the air present

around the earth. It maintains the heat balance on the earth.
HYDROSPHERE: Water, which occupies 4/5th of earth,
97% is sea water and only 3% of water is available for
drinking and for agricultural purposes.
LITHOSPHERE: Balance earth space, 1/5th is in the form of
land. The inner surface contains minerals, and the deeper
layer contains natural gas and oil.
BIOSPHERE: All living organisms like plants, animals and
human beings constitute biosphere.
CAUSES FOR POLLUTION : Natural: Floods, cyclones,
earthquakes etc. on which man has no control.
Man made: Population growth, urbanization, industrialization.
KINDS OF POLLUTION: 1) Land Pollution: Deforestation,
2) Air : Acid rains, depletion of ozone layer, global
warming,
3) Water, Sound Pollution:
4) Solid waste Pollution: Glass bottles, e-waste..
5)Oil, nuclear and thermal pollutions :
Emission of smoke from thermal power stations

ENVIRONMENT LAW

RULE OF STRICT LIABILITY: Case Law: RYLANDS Vs.

FLETCHER: HELD: If a person brings on his land anything which
is likely to do mischief and if it escapes, he will be liable to pay
damages. To apply this rule: it must be dangerous thing,
it escapes
and it must be for non-natural use of land.
EXCEPTIONS TO THIS RULE: Plaintiffs own default, act of God,
consent of plaintiff, act of third party, under statutory authority.
RULES OF ABSOLUTE LIABILITY: Case law: M.C. Mehta Vs.
Union of India: There was leakage of oleum gas from a factory of
Shriram Food Fertilizer Industries, Delhi in Dec. 1985 resulting in
death of a person and ill effects on others. Court held them liable
under Absolute liability and were ORDERED to pay damages.
The principle of ABSOLUTE LIABILITY has NO EXCEPTIONS.
LEGAL REMEDIES: Damages, Injection.. Criminal laws are also
applicable.

PUBLIC LIABILITY INSURANCE ACT, 1931

This Act was enacted for the purpose of providing immediate relief
to the persons affected by accidents occurring while handling any
hazardous substance and for the other incidental and connected
matters. The workers are protected by various labour laws but the
affected public are not assured of any relief except through long
drawn legal process.

This Act now provides for Mandatory Public Liability Insurance to

be taken by companies handling hazardous substances.
Therefore every owner before starting handling such substances
have to take out policies to cover the liability for providing immediate
relief to the affected persons and for their properties.

The application for such relief must be made to Collector with in 5

years of the accident.

ENVIRONMENTAL AUDIT
Environmental Protection Rules provides for the
submission of environmental audit report with effect
from 13.03.1992.
Accordingly every person carrying on an industry,
operation or process, requiring consent under :
Water (Prevention and Control of Pollution) Act or
Air (Prevention and Control of Pollution) Act or
Hazardous Waste (Management and Handling) Rules,
are required to submit an environmental audit report
for the financial year ending 31st March every year on or
before 15th May beginning 1993 to the concerned
State Pollution Board.