Environment Protection and Pollution Control:

Constitution of India, 1950:

Articles 48-A, 51-A (g), 32 and 226-Environment and Ecology- Pollution and degradation of - "POLLUTER PAYS PRINCIPLE"-Invoking of-Notice issued to company pursuant to the judgment of Supreme Court dated 13-12-1996 for payment of (i) compensation and (ii) pollution fine for causing degradation of environment-Validity of-Held: In a writ petition or PIL court can award damages not only for the restoration of the ecological balance but also for the victims who have suffered due to ecological disturbance-However, court cannot impose pollution fine without a trial and without following the prescribed procedure under the Act-Hence, notice regarding imposition of pollution fine withdrawn-Environment (Protection) Act, 1986-Environment (Protection) Rules, 1986-Water (Prevention and Control of Pollution) Act, 1974-Water (Prevention and Control of Pollution) Rules, 1975-Water (Prevention and Control of Pollution) Cess Act, 1977- Air (Prevention and Control of Pollution) Cess Rules, 1978-Air (Prevention and Control of Pollution) Rules, 1982-Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983-Hazardous Wastes (Management and Handling) Rules, 1989-Manufacture, Storage and Import of Hazardous F Chemical Rules, 1989-Chemical Accidents (Emergency Planning, Preparedness and Response Rules), 1996.

Article 21-"Life"-Any disturbance of the basic elements of the environment, namely, air, water and soil would be hazardous to "life".

Article 142-Environmental Pollution-Fine-Imposition of-Held: If there is a contravention of the provision of an Act power under Art. 142 cannot be exercised by Supreme Court-Hence, fine on a person can be imposed only after following the procedure prescribed under the relevant Act and upon finding him guilty.  

Article 32-Environmental pollution-Writ petition and PIL against-Damages and exemplary damages-Awarding of-Held: Supreme Court, under Art. 32, can award damages in a PIL or a writ petition-A person can also be held liable to pay exemplary damages so that it may act as a deterrent not to cause pollution.

Doctrines:

Doctrine of Polluter Pays Principle-applicability of.