Environmental Law
Constitution of India, 1950 : Articles 21, 47, 48-A and 51-A(g). Environmental pollution-Caused by tannelies-Untreated effluent by tanneries in State of Tamil Nadu---Discharge of- Thereby polluted sub-soil liver water
resulting in non-availability of potable water-Spoiled physico-chemical
propelties of soil, making it unfit for cultivation- Held : even though such
industries were of vital impotance to country, they could not be pennitted to
continue their production unless pollution control devices were set up by,
them-Having regard to pollution caused by them, principle of Sustainable Development had to be accepted as a balancing concept--Precautionary Principle and Polluter Pays Principle acceptable as part of environmental law
of country and should be implemented--Precautionary environmental
measures should be taken by State Govemment and statutory authorities and
lack of scientific certainty could not be ground for postponing such measures
to prevent environmental degredation - "onus of proof' was on polluting industlies to show that their actions were environmentally benign-Such
polluting industries liable to pay compensation for past pollution generated
by them-Pollution fine of Rs. 10,000/- imposed on each tannery-Money to be
deposited in "Environment Protection Fund" to be utilised for compensating
affected persons and restoring damaged environment.
Articles 32 and 226-Public Interest Litigation-Environmental Pollution-Caused by tanneries in State of Tamil Nadu-Comprehensive directions
issued by Supreme Court---However, instead of Supreme Cowt itself monitoring the matter any further, Madras High Court advised to constitute a "Green
Bench" to deal with all environmental matters in future-Such "Green Benches" already functioning in some High Courts.
Environment (Protection) Act, 1986: Section 3(3)-Authority-Central
Govemment directed to constitute Authority to be headed by a retired High
Court Judge-Authority to have all powers necessary to deal with situation
created by tanneries and polluting industries in State of Tamil Nadu-Authority to compute compensation payable by polluting industries to
affected individuals and that payable for restoring damaged environment-Authority also to frame scheme in consultation with expert bodies like
NEERI, Central Board and State Board for reversing damage caused to
ecology and environment.
International Law :
Customary Intemational Law-Rules of -Held : if not contrary to
Municipal Law, deemed to be incorporated in domestic Law.