This document discusses the legal perspectives on challenges related to land, mining, and pollution control. It outlines how rapid industrialization, urbanization, and increased demand for resources has led to indiscriminate exploitation of finite natural resources. This over-exploitation causes issues like land degradation, pollution, and negative health effects. The document reviews relevant international environmental guidelines and frameworks, as well as constitutional and statutory legal provisions in India related to environmental protection, mining regulation, and control of land and pollution. It concludes that while sufficient laws exist, stronger political will and stakeholder involvement is still needed, as well as better enforcement, to achieve balanced and sustainable development.

1. A Challenge of Land, Mining and
Pollution Control: Legal Perspective

2. Introduction
• In an unending quest for energy
and resources man has come in
constant conflict with nature
since the beginning of human era.
• Energy created life and is needed
to sustain it.
• An indiscriminate exploitation of
finite natural resources has
brought humanity to the shores of
infinite challenges.

3. X-axis: Resources
Y-axis:Time
Exploitation of
resources
Indiscriminate
exploitation of
resources
Finite
Resources
Legal&administrativemeasures

4. Land, Mining & Pollution (Causes)
• Rapid & Unplanned Industrialisation & Urbanisation
• Increased demand for fuel, metals, minerals for economic development
• Mining creates waste product at every stage of mining.
• Landfill creates inverted mountain of garbage.
• Discovery and use of non-biodegradable things — plastic, synthetic materials, etc
• Soil erosion, excess ploughing, overgrazing, etc
• Illegal mining nexus.
• Excessive use of un-clean energy sources — fossil fuel, coal based thermal plants,
nuclear plants generating toxic waste

5. LegalRegime&Regulations
Technology
Awareness
Institutionalisation
Legal Research
Causal chain
a vicious
cycle?

6. Harmful Effects of Land, Mining
and Pollution
• Conversion of productive
agricultural land into urban area or
into barren land
• Reduction of green vegetative
cover and forest or reduction of
carbon sink
• Adverse effects on health
• Depletion of Ozone layer
• Increase in Green House Gasses
• Systematic destruction of
ecological system

7. Environmental Guidelines &
Legal Framework (International)
• United Nations (UN) Conference on Human Environment
(Stockholm Conference), 1972
• U.N. Conference on Environment & Development (UNCED),
1992
• UN Convention to Combat Desertification, 1994
• The Millennium Development Declaration and the Millennium
Development Goals (MDGs)
• Various other recent important deliberations such as Paris Climate
Accord, Kigali Agreement, etc

8. • Responsibility of state for environmental protection — (Article 48A)
• Environmental protection is a fundamental duty —Article 51A(g)
• Fundamental Right of life & liberty — Article 21
• States’ responsibility for nutrition, standard of living and public health
— Article 47
• Regulation of Mines and Mineral Development is in both Union and
State List (Item 54, 23 respectively)
• Protection of Forest / Wild Animals & Birds — item 17A and 17B of
Concurrent List
Environmental Guidelines & Legal
Framework (Constitutional Provisions)

9. • The Mines and Minerals (Regulation & Development) Act
of 1957 (Amended in 1986)
• Wildlife Protection Act, 1972
• Water (Prevention & Control of Pollution) Act, 1974
• Air (Prevention & Control of Pollution) Act, 1981
• The Forest (Conservation) Act, 1980
• The Environment (Protection) Act, 1986
Environmental Guidelines & Legal
Framework (Statutory Provisions)

10. Conclusion & Recommendation
• Strong political and administrative will at district level,
sufficient laws exist
• Involvement of NGO/ stake holder in decision making
• Equipping district mining officer
• Policy & legislation for protection of agricultural land
• Vertical settlement vs horizontal settlement policy
• New Legislation for mine closures on best practices

11. –John Hollow Horn (Red Indian Chief)
“Some day the Earth will weep, she will beg for her
life, she will cry with tears of blood. You will make
a choice, if you will help her or let her die and when
she dies you too will die”
Thank-you for your kind attention.