This document summarizes measures taken in India to control air pollution from vehicles. It discusses the introduction of emission standards and fuel quality standards to reduce vehicular emissions. Some key measures discussed include introducing unleaded gasoline and lowering sulfur content in diesel, banning old commercial vehicles in Delhi, promoting alternate fuels like CNG and LPG, and improving public transportation systems. The document also reviews laws passed in India related to environmental protection.

1. LAB ASSIGNMENT
Submitted by
N.Shriram Karthic
2012IPM064
Section A

2. INTRODUCTION:
Air pollution is one of the serious environmental concerns of the urban Asian
cities including India where majority of the population is exposed to poor air
quality. The health related problems such as respiratory diseases, risk of
developing cancers and other serious ailments etc. due to poor air quality are
known and well documented. Besides the health effects, air pollution also
contributes to tremendous economic losses, especially in the sense of financial
resources that are required for giving medical assistance to the affected
people. The poor are often the most affected segment of the population as
they do not have adequate measures to protect themselves from air pollution.
Most of the Indian Cities are also experiencing rapid urbanization and the
majority of the country’s population is expected to be living in cities within a
span of next two decades. Since poor ambient air quality is largely an urban
problem this will directly affect millions of the dwellers in the cities. The rapid
urbanization in India has also resulted in a tremendous increase the number of
motor vehicles. The vehicle fleets have even doubled in some cities in the last
one decade. This increased mobility, however, come with a high price. The air
quality can be improved through a combination of technical and non-technical
measures, legislative reforms; institutional approaches and market-based
instruments, there are certain unique challenges which the country has to face
in tackling the problem of urban air pollution. These include, the transport
features which are different from the developed countries particularly in terms
of the types of vehicles commonly used, the manner in which the road network
is operated and sharing of the limited space by pedestrians and non-motorized
modes with modern vehicles in Indian cities. Vehicles in India are often much
older and usually comprise technologies considered as out-dated in the
developed world. The institutions responsible for managing urban air quality
are also not as well developed as those in the developed countries. The
country has however taken a number of measures for the improvement of the
air quality in cities. These include, right from the improvement in the fuel
quality, formulation of necessary legislation and enforcement of vehicle
emission standards, improved traffic planning and management etc. The non-
technical measures taken include, awareness raising regarding the possible
economic and health impacts of air pollution and available measures for
improving air quality, increasing use of cleaner fuels and purchase of vehicles
with advance emission control devices, increasing institutional framework and
capacity building for the monitoring of vehicle emissions. The document
presents a review of the vehicular emission problems in Indian cities, the
various developments that have taken place in the past including the studies

3. conducted for assessment of the air quality in cities, the legislation and
standards adopted for the control of vehicle emissions, the role of the various
concerned agencies, the steps taken for improvement in the quality of the
automotive fuel, the overall impact of these measures and the future strategy
to be adopted for vehicular emission reduction and related issues.
MAJOR REASONS FOR VEHICULAR POLLUTION IN INDIA:
 High vehicle density in Indian urban centres.
 Older vehicles predominant in vehicle vintage.
 Inadequateinspection & maintenance facilities.
 Predominanceof two stroketwo wheelers.
 Adulteration of fuel & fuel products.
 Improper traffic managementsystem& road conditions.
 High levels of pollution at traffic intersections.
 Absenceof effective mass rapid transportsystem& intra-city railway
networks.
 High population exodus to the urban centres.

4. INDIAN ENVIRONONMENTAL POLLUTION LEGISLATIONS:
 The Environment (Protection) Act, 1986.
 The Water (Prevention and Control of Pollution) Act, 1974, as
amended up to 1988.
 The Water (Prevention and Control of Pollution) Cess Act 1977, as
amended by Amendment Act, 1991.
 The Air (Prevention and Control of Pollution) Act, 1981, as
amended by Amendment Act, 1987.
 National ForestPolicy, 1988.
 Forest(Conservation) Act, 1980.
 The National EnvironmentTribunal Act, 1995.
 The Public Liability InsuranceAct, 1991.
 Re-cycled Plastics Manufactureand Usage Rules, 1999.
 Manufacture, Use, Import, Exportand Storageof Hazardous
Micro-Organisms.
 Genetically Engineered Organisms or Cells rules, 1989.
 Hazardous Wastes (Managementand Handling) Rules, 1989.
 Bio-Medical Waste(Management and Handling) Rules, 1998.
 Municipal Solid Wastes (Management & Handling) Rules, 2000.
 Noise Pollution (Regulation and Control) Rules, 2000.
 OzoneDepleting Substances (Regulation) Rules, 2000.
 New Biodiversity Bill - 2000.
 The Prevention and Controlof Pollution (UniformConsent
Procedure) Rules, 1999.
MEASURES TAKEN TO CONTROL ENVIRONMENTAL POLLUTION:
 Emission standards have been notified under the Environment
(Protection) Act, 1986 to check pollution.
 Industries have been directed to install necessary pollution control
equipment in a time bound manner and legal action has been initiated
against the defaulting units.
 As many as 24 critically polluted areas have been identified. These areas
are Singrauli, Korba, Vapi, Ankleshwar, Greater Kochi, Vishakhapatnam,
Haora, Durgapur, Manali, Chembur, Mandi Gobindgarh, Dhanbad, Pali,
Najafgarh Drain Basin, Angul-Talcher, Bhadravati, Digboi, Jodhpur, Kala
Amb, Nagda-Ratlam North Arcot, Parwanoo, Patancheru, Bollaram and
Tarapur, Action plans have been formulated for restoration of
environmental quality in these areas.

5.  Environmental guidelines have evolved for siting industries.
 Environmental clearance is made compulsory for 29 categories of
development projects involving public hearing/NGO participation as an
important component of Environmental Impact Assessment process.
 The process of Environment Auditing has been initiated in highly
polluting industries. The methodology has been standardised and
finalised for respective group of industries. Submission of Environmental
Statement has been made mandatory.
 Under Indo-German Bilateral Programme, methodology for zoning,
mapping and siting of industries is developed in various states in
collaboration with State Pollution Control Boards in order to identify the
existing characteristics of the district, unsuitable zones for the industries,
air quality mapping assessment of risk due to siting of air polluting
industries and industrial suitability mapping. Based on zoning/siting
programme, the site clearance procedure has to be streamlined.
 Minimal National Standards (MINAS) have been presented for highly
polluting industries under The Air (Prevention and Control of Pollution)
Act, 1981 and Environment (Protection) Act 1986.
 Power plants (coal based) located beyond 1000 kms from the pit-head
are required to use low ash content coal (not exceeding 34%) with effect
from 1.6.2002. Power plants located in the sensitive areas are also
required to use low ash coal irrespective of their distance from the pit
head.
 It is estimated that about 40 million tonnes of fly ash is generated per
annum from thermal power plants and contribute to particulate matter
loading to environment. Fly ash possesses good pozzolinic properties
due to presence of active and finely divided silica, alumina and calcium
oxide, which provide it with cement like qualities in combination with
lime rich material. Thus fly ash emitted by thermal power plants can be
used for manufacturing bricks, blacks, aggregates and cement
production.
 Use of cleaner technologies is a new dimension emerging rapidly for
cleaner production and to increase production efficiency, and at the
same time eliminate or at least minimise emission and waste at their
source rather than to treat them at the end of the production chain after
they are generated.
 Industrial wastes like slags, red mud etc. are generated from iron and
steel and during extraction of non-ferrous metals such as aluminium and
copper. The slags are dumped in the vicinity of plant while red mud is
disposed as slurry.

6.  This slurry becomes air borne after getting dried. In phosphoric fertilizer
plants about 4.5 million tonnes of phosphor-gypsum(with fluoride
contents 0.7 to 1.5 %) are produced. This can be used for cement,
gypsum board, partition panel, ceiling tiles, artificial marble and fibre
boards. The thrustwill have to be made for proper disposaland
reutilisation of these waste materials.
MEASURES TAKEN TO CONTROL VEHICULAR POLLUTION:
 Indian government notified mass emission norms for the first time
during 1990-91. These norms were notified under Environment
(Protection) Act (EPA) motor vehicles rules and Air Act and were
applicable to vehicles at the manufacturing stage as well as for in-use
vehicles.
 The emission norms introduced in 1996 were very stringent and crucial.
 From April 1995 only those passenger cars were allowed to be
registered in four metros— Delhi; Mumbai; Kolkata and Chennai which
were fitted with catalytic converter. Emission norms for such vehicles
were notified under motor vehicle act in 1998.
 The testing method for passenger cars was changed from hot start to
cold start.
 More stringent norms were introduced in 2000, according to which
automobile manufacturers are supposed to undergo major
modifications.
 As per Hon’ble Supreme Court’s directions only private vehicles
conforming to at least EURO forms are being registered in NCR from
June 1999 and from April 2000 only private vehicle’s conforming to
Euro-II equivalent i.e., Bharat Stage-11 norms were registered. In
Mumbai Euro-II norms for private vehicles (4 wheelers) was applicable
from 2001. In Kolkata, India – 2000 norms (Euro-I) have been made
applicable from November 1999. With the acceptance of the Mashelkar
Committee recommendations, passenger cars and commercial vehicles
are expected ю achieve Bharat stage-II norms across the country by
April 1, 2005 and Euro-Ill specifications by April 1, 2010. Eleven most
polluted cities had been asked to meet Bharat Stage-II norms by April 1,
2003, Euro-III norms by April 1, 2005 and Euro-IV standards by April 1,
2010. These cities are Delhi, Mumbai, Kolkata, Chennai, Bangalore,
Hyderabad, Ahmedabad, Pune, Surat, Kanpur and Agra. Two-wheelers
and three-wheelers will have to comply with Bharat Stage-II norms by
April 1, 2005 and Bharat Stage-Ill norms preferably by April 1, 2008, but
not later than April 1, 2010. These schedules will, however, be reviewed

7. in 2006, when Euro-II standards will be implemented throughout the
country and Euro-III norms will be in place in the 11 most polluted cities.
 From 1st October 1999, emission norms for agricultural tractors were
introduced throughout the country. Bharat Stage-II and Bharat Stage-Ill
emission norms for tractors have been scheduled to be implemented
from 2003 and 2005 respectively.
 The Bharat Stage-II norms for new 4-wheeler private non-commercial
vehicle were introduced in Mumbai from January 2001 and in Kolkata
and Chennai from July 2001 to 24th October, 2001.
 Only those taxies are being registered in Delhi, which are meeting
Bharat Stage-II norms.
 Bharat Stage-II norms for Diesel 4-wheeler transport vehicles were
introduced in NCT from24th October, 2001, in Greater Mumbai, Kolkata
& Chennai from 31.10.2001.
 The expert committee on Auto Oil Policy constituted in September 2001
recommended Bharat Stage-Ill emission norms for all categories of 4-
wheelers in 7 mega cities from 2005 and rest of the country by 2010.
Fuel Quality Specifications:
Diesel and Gasoline fuel quality with respect to environment related
parameters had been notified under Environment (Protection) Act during April
1996. The specifications include low leaded gasoline, unleaded gasoline and
low sulphur diesel.
(a) UnleadedGasoline:
With the progressive reduction of lead content in petrol (from 0.56 gm/1 to 0.
15 gm/1 and then to 0.013 g/1 in unleaded petrol) introduction of unleaded
petrol for new passenger cars from April, 1995 and supply of only unleaded
petrol for all vehicles from September, 1998, in NCT—Delhi a lethal pollutant
from vehicular exhaust has been removed. The lead content in the atmosphere
near traffic intersections of Delhi has reduced by more than 60% with the
introduction of unleaded petrol.
(b) Benzene Reduction:
The fear of increased emission of benzene and reduced performance of
engines by the use of unleaded petrol has also been falsified. The oil refineries
were told to combine the benzene content in the unleaded petrol upto 5%
(v/v) in 1996 and 3% (v/v) from the year 2000.

8. In addition to phasing out of lead, it is considered necessary to reduce the
benzene (to 1% or lower) and aromatics in petrol not only for Delhi but also for
other parts of the country.
Lubricants Quality:
Specifications of 2T oil for two stroke engine with respect to smoke have been
notified under EPA during September 1998 for implementation from 1.4.1999
throughout the country. Pre-mix 2T oil dispenser has been installed at all
petrol filling stations in Delhi so that excessive oil is not being used by the
vehicle owners. Sale of loose 2T oil has been banned from December 1998 in
Delhi.
Alternate Fuels:
A very important factor in reducing vehicular pollution is the introduction of
alternative fuels such as CNG and LPG.
(a) CNG (CompressedNatural Gas):
CNG is a better and clean fuel providing limited emissions of various toxic
gases. All Government Vehicles were required to compulsorily fit CNG Kit or
catalytic converter by December 1996. New CNG taxies are being registered in
Delhi as well as there is no restriction or registration of CNG vehicles in
National Capital Territory (NCT) as they already comply EURO-II norms. The
customs duty on CNG kits has been exempted for promotion of installation of
CNG kits in vehicles. Emission norms for CNG vehicles have been notified under
Motor Vehicles Rules dated 24.4.2001.
(b) LPG:
The use of LPG as an alternate fuel in automobiles has been made applicable
for which amendment has been made in Motor Vehicles Act to legally permit
the use of LPG as automobile fuel Hon’ble Supreme Court permitted dual
mode facility (CNG + Petrol) for the vehicles in its order dated 10th May 2000.
Emission norms for LPG vehicles were modified on 24.4.2001.
(c) Battery drivenvehicles:
Battery driven vehicles have been introduced in few corridors in Delhi.

9. Phase out of Grossly Polluting Vehicles:
(i) Registration of new auto rickshaws with conventional engine has been
banned from May 1996 and registration of Defence Service and Govt.
auctioned vehicles has been banned from April 1998 in Delhi.
(ii) Commercial vehicles more than 20 years old had been prohibited from
plying with effect from October 1998, followed by phase out of 17 to 20 years
old commercial vehicles from 15th November 1998 and 15 to 17 years old
vehicles from 31st December, 1998 in Delhi.
(iii) Registration on alternation of vehicles by replacing petrol engine with
diesel has been banned from 1.4.1998 in Delhi.
(iv) Registration of new private vehicles not meeting EURO-I norms has been
banned from June, 1999 and vehicles not meeting EURO-II norms from April
2000 in Delhi.
Promotionof Comprehensive inspectionandCertification:
It has been possible to reduce 30-40% pollution loads generated by vehicles
through proper periodical inspection and maintenance of vehicles. Such
inspection and maintenance of vehicles is being carried on by State Pollution
Control Boards, Pollution Control Committees and Transport Directorates in
different parts of the country.
Traffic Management:
Restriction has been imposed on goods vehicles during day time from August
1999 in Delhi.
 Left lane has been made exclusive to buses and other HMV in Delhi.
 Time clocks have been installed in important red lights to enable the
drivers to switch off their vehicles depending on the time left in the time
clocks.
 More fly-over and subways have been constructed and T-Junctions have
been closed for better traffic flow.

10. Public Transport System:
 To discourage the use of individual motor vehicles by public, public
transport system is augmented from time to time in various urban areas
of the country. The number of buses has been increased in big cities like
Delhi.
 Private sector has been allowed to operate public transport buses to
increase mobility.
 Mass Rapid Transport System (MRTS) has been launched. Delhi Metro
Rail Transport System is making rapid progress and is likely to reduce
pressure on transport system of Delhi.
Technology:
 Fitment of catalytic converter for new petrol passenger cars has been
made compulsory from 1. 4.1995 in four metros and 45 cities from
1.9.1998.
 Two wheeler scooters with four stroke engines are being introduced in
the market from October 1998.
 Registration of only rear engine auto rickshaws is being allowed from
May 1996 onwards.
 More four stroke two wheelers are being registered in Delhi.
Information Dissemination/Mass Awareness:
 Messages/articles related to vehicular emissions are disseminated
through newsletters, pamphlets, newspapers, magazines, Television,
Radio, Internet and through Workshops, Summer Courses, Exhibitions,
display, Pollution Control Camps etc.
 Display of ambient air quality data through Electronic Display System
near ITO intersection as well as dissemination through Newspapers,
daily news and Internet.
 Publishing reports related to vehicular pollution control and
dissemination to various organisations.
 Regular publication of air quality statistics regarding ambient air quality
status in the country.
 Non-GovernmentOrganisations (NGOs) working in the area of Vehicular
Pollution Control in different parts of the country are being encouraged
for mass awareness.

11. KYOTO PROTOCOL:
The Kyoto protocol is an agreement made under the United Nations
Framework convention on climate change (UNFCC) in 1997. Kyoto protocolis a
voluntary treaty signed by 141 countries. This protocol legally binds the parties
(industrialized countries) to the protocol to reduce their greenhouse gas
emissions. This protocol defines mechanisms like emissions trading and clean
development mechanism that allow industrialized nations to meet their
greenhouse gases (GHG)obligations by buying GHG reduction credits from
other countries, and make profit by trading the carbon credits.
It means that if a country cannot meet its greenhouse gas reduction target, it
can buy credits from other countries that have credits in excess. As a result
carbon has become a commodity, which like other commodities, is traded in
open market, called carbon market
CARBON CREDIT:
Carbon credits (often called a carbon offset) are certificates issued to countries
that have successfully reduced emissions of GHG which causes global warming.
Carbon credits (or) certified emission reductions are a certificate just like a
stock. This can be used by governments, industry or private individuals to
offset damaging carbon emissions that they are generating. Carbon credits
create market for reducing greenhouse emissions by giving a monetary value
to the cost of polluting the air.
Each carbon credit represents one tonne of co2 either removed from the
atmospheres or saved from being emitted. Carbon credits can be created in
many ways but there are 2 broad types.
 Sequestration (retaining or capturing co2 from the atmosphere) such as
afforestation & reforestation activities.
 Co2 saving projects such as the use of renewable energies (wind power,
solar energy, biomass power, hydel power.
Carbon credits can be viewed as a means of empowering the market to care
for the Environment. Carbon credits can be bought and sold in international
markets at prevailing market price.

12. CARBON TRADING:
The companies in the developed world are required to meet certain carbon
emission target set by their respective government. However if these
companies are not able to meet their emission targets, they have an
alternative of purchasing these carbon credits from the market i.e. from
someone who is successful in meeting these targets and who has a surplus of
these credits. This process is known as carbon trading. Carbon trading is also
very advantageous for the companies of the developing world as it provides
monetary gains in exchange of carbon credits which help these companies to
purchase or change their technology. This change in technology eventually
helps the companies to reduce carbon emission.
Needfor Carbon Trading and CleanDevelopment Mechanism:
The need for carbon trading was felt when it was realized that the industries
have been the biggest polluter of greenhouse gases which has resulted in
global warming. A lot of effort was put in by the NGOs and other institutions to
bring the attention of the world towards the problem of global warming. But
this issue was not taken very seriously as a result of which nothing much was
done in this regard. Thus it was realized that the only way to get the attention
of the world towards these problems was by attaching some financial incentive
to it. As a result the concept of Carbon trading was introduced.
CleanDevelopment Mechanism:
The Clean Development Mechanism(CDM), defined in Article 12 of the
Protocol, allows a country with an emission-reduction or emission-limitation
commitment under the Kyoto Protocol(Annex B Party) to implement an
emission-reduction projectin developing countries.
Carbon Trading in India:
Indian industries were able to cash in on the sudden boom in the carbon
market making it a preferred location for carbon credit buyers. It is expected
that India will gain at least $5 billion to $10 billion from carbon trading (Rs
22,500 crore to Rs 45,000 crore) over a period of time. Also India is one of the
largest beneficiaries of the total world carbon trade through the Clean
Development Mechanism claiming about 31 per cent (CDM).

13. India’s carbon market is one of the fastest growing markets in the world and
has already generated approximately 30 million carbon credits, the second
highest transacted volumes in the world. The carbon trading market in India is
growing faster than even information technology, bio technology and BPO
sectors. Nearly 850 projects with an investment of Rs 650,000million are in the
pipeline. Carbon is also now being traded on India’s Multi Commodity
Exchange. It is the first exchange in Asia to trade carbon credits.
Legal aspect of Carbon Trading in India:
The Multi Commodity exchange started futuretrading on January 2008 after
Governmentof India recognized carbon credit as commodities on 4th January.
The National Commodity and Derivative Exchange by a notification and with
due approvalfromForward Market Commission (FMC) launched Carbon Credit
future contact whoseaim was to providetransparency to markets and help the
producers to earn remuneration out of the enviourment projects.
Carbon credit in India is traded on NCDEX only as a futurecontract. Futures
contract is a standardized contractbetween two parties to buy or sell a
specified assetof standardized quantity and quality at a specified futuredate
at a price agreed today (the futures price). The contracts are traded on a future
exchange. These types of contracts are only applicable to goods which are in
the formof movableproperty other than actionable claims, money and
securities. . Forward contracts in India are governed by the Indian ContractAct,
1872.
Under the present provision of the Forward Contracts Regulation Act, the
trading of forward contracts will be considered as void as no physicaldelivery
is issued againstthese contracts. To rectify this The Forward Contracts
(Regulation) Amendment Bill 2006 was introduced in the Indian Parliament.
The Union Cabinet on January 25, 2008 approved theordinancefor amending
the Forward Contracts (Regulation) Act, 1952. This ordinancehas to be passed
by the Parliament and is expected to come up for consideration this year. This
Bill also amends the definition of ‘forward contract’ to include ‘commodity
derivatives’. Currently the definition only covers ‘goods’ that are physically
deliverable. However a governmentnotification on January 4th paved the way
for future trading in CER by bringing carbon credit under the tradable
commodities.

14. Even though India is the largest beneficiary of carbon trading and carbon
credits are traded on the MCX, it still does not have a proper policy for trading
of carbons in the market. As a result the Centre has been asked by The
National Commodity and Derivatives Exchange Limited (NCDEX) to put in place
a proper policy framework for allowing trading of certified emission reductions
(CERs), carbon credit, in the market. Also, India has huge number of carbon
credits sellers but under the present Indian law, the buyers based in European
market are not permitted to enter the market. To increase the market for
carbon trading Forward Contracts (Regulation) Amendment Bill has been
introduced in the Parliament. This amendment would also help the traders and
farmers to utilize NCDEX as a platform for trading of carbon credits. However,
to unleash the true potential of carbon trading in India, it is important that a
special statue be created for this purpose as the Indian Contracts Act is not
enough to govern the contractual issues relating to carbon credits.
ENVIRONMENTLEGISLATIONAND ITS LEGAL ASPECT:
Environmentrelated rights were conspicuously absentfromthe original
version of the Constitution of India, which was prominently dominated by
business and property rights. Consequently, environmentaljurisprudencewas
also an unknown appellation for the Indian judiciary. Chipko Movement and
Appiko Movement in Karnataka for saving the trees fromexploitation are
examples of initiatives taken by public-spirited persons. Among the
fundamental duties of the citizens incorporated by 42nd amendment, the duty
to protect environment is significant, every citizen has a fundamental duty to
protect and improvethe natural environmentincluding forest, lake, river and
wild life and to have compassion for living creature, forest, wildlife and
population control weresubjects to which the state had exclusive power to
make law, but now the concurrentlist enables both the central and state
governmentto makethe law on these areas.
The Air (prevention and control of pollution) Act 1981 The Water (Prevention
and Control of Pollution) Act, 1974 and the Forest(Conservation) Act, 1980
was passed by parliament with a view to implementing the decision of the
Stockholmconference which asked the number states to take appropriate
steps, among other things, for the preservation of quality of air and control of
air pollution. EPA was enacted for wider purposeof protection and improving
the human environments a goal laid down by the Stockholmconference.
StockholmDeclaration of 1972 which is called the “Magna Carta” of
environmentprotection and its development. Certain environmentallaws

15. were in forcein India well before the StockholmDeclaration of 1972, such as
the Indian ForestActetc. Besides, this action could also be taken under
Sections 268 and 290 IPCagainstpublic nuisancerelating to environment.
Constitutional provisionof environmental law:
Art 252 empowers parliamentto enact on state subjectif two or morestate
make such a request. Parliament enacted the water (prevention and control of
population) Act 1974 for the controlwater at the requestfrom states, under
art 252 of Indian constitution.
The 42nd constitutional amendment, made in 1976, changed this landscapeby
inducting Article 48-A[1] and Article51A (g)[2] into this ‘enviromyopic’
document. Simultaneously, the SupremeCourt of India embarked on a
‘creative’ activist phase of constitutional interpretation in the aftermath of the
fiasco in A.D.M. Jabalpur vShivakantShukla whereit found itself helpless in
defending the basic civil liberties of the citizens againstexecutive excesses.
Starting fromearly 1980s, theCourthas developed a body of ‘green
constitutional law’ to safeguard the citizens’ health fromthe deleterious
effects of environmental degradation. In M.C. Mehta v Union of India[4]
(Oleum Gas Leakage case), the Supreme Courtpropounded the standard of
‘absoluteliability’ for payment of compensation to thoseaffected by the
accident in caseof industries engaged in hazardous or inherently dangerous
activities as opposed to the prevalent notion of ‘strictliability’ under the
Rylandsv. Fletcher standard.
Right to healthy environmentis a universalacceptance. The right to a healthy
environmentgot entrenched in Art. 21 of the constitution of India, courts in
large measurerelied on this right in addressing a variety of aspects relating to
protection and improvementof environment.
In Ivory traders& Manufacturing Association v. Union of India, the Delhi High
Court held that rightof an ivory dealer are subjectto the paramountright of
other people to have healthy and balance ecology. Italso held that killing of
elephants for procuring ivory should be stopped for a balanced environment.
The Allahabad High court in S.K Garg v. State of Uttar Pradesh, theright of
water is part of the right to life guaranteed by Art.21. Theuse of agricultural
land for aquaculture causes pollution of underground water on the
enamouring properties.

16. M.P Rambabu v. Divisional forest officer, theAndhra Pradesh High court
observed that under Art. 21 of the constitution of India, the right to live a
decent life, a good environmentand maintenance of ecology mustbe held to
have primacy over the statutory rightto hold and enjoy the property.
Population is a consequenceof abusing the environment and naturalresources
by human beings. Though partIII of theconstitution does not contain any
provision to provideright pollution free environment as a fundamental right,
but , in view of the liberal interpretation of Art 21 given by Apex Court, right to
pollution free environment and protection of ecology came to acquire the
status of a fundamental right.
The Court has adopted an expanded view of ‘life’ under Article 21 and enriched
it to include environmentalrights by reading it along with Articles 47, 48-A and
51A(g) and declaring:
Article 21 protects right to life as a fundamental right. Enjoymentof life and its
attainment including their right to life with human dignity encompasses within
its ambit, the protection and preservation of environment, ecological balance
free frompollution of air and water sanitation without which life cannot be
enjoyed. Any contra acts or actions would causeenvironmental, ecological, air,
water, pollution, etc. should be regarded as amounting to violation of Article
21.
By 1990s, it categorically declared that ‘issues of environment mustand shall
receive the highest attention fromthis court’. India’s ‘Green Constitution now
guarantees a right to healthy environment, right to clean air, right to clean
water, enjoins the State and its agencies to strictly enforceenvironmental laws
while disclosing information in respectof decisions which affect health, life and
livelihood and disallows inadequacy of funds and resources as a pretext for the
evasion of obligations by the State.
Significant environmental principles like polluter pays, precautionary principle,
sustainabledevelopment, public trust doctrine and intergenerational equity
Law, Environmentand Development Journalhave become entrenched in the
Indian law without explicit incorporation in any legislative framework. In
Vellore Citizens’ Welfare Forumv Union of India & Ors the Courtemployed the
‘precautionary principle’ to invent the special principle of burden of proof in
environmental cases whereburden as to ‘the absence of injurious effect of the
actions proposed, is placed on thosewho wantto changethe status quo’ viz.

17. polluter or the industrialist. In the process, theapex Courthas gone beyond
the statutory texts to refer extensively to international conventions and
obligations of India and even to the historical environmentalvalues reflected in
the edicts of Emperor Ashoka and verses of Atharva Veda.
The Supreme Courthas, in clear terms, advised the State to shed its
‘extravagantunbridled sovereign power’ and to pursuea policy to maintain
ecological balance and hygienic environment. The activist attitude ranges
across a gamut of environmental issues viz. banning aquacultureindustries in
coastal areas to prevent drinking water from becoming saline, issuing
directions for improving quality of air in the National Capital Territory of Delhi
and protecting Taj Mahal, prohibiting cigarette smoking in public places,
addressing issues of solid waste management, proscribing construction
activities in the vicinity of lakes and directing the lower courts to deal strictly
with environmental offences.
In respectof forestgovernance, the Supreme Courthas made an enormous
contribution through the case of T.N. Godavarman Thirumulpad v. Union of
India.[14] Thecasewas set in the backdrop of critical state of national forest
cover, appalling apathy of governments towards forestmanagementand
conservation and open violations of forestlegislations by illegal felling in
North-Eastern States.
A three judge bench of the Court, known as the ‘Green Bench’ or the ‘Forest
Bench’, issued a ‘continuing mandamus’,[15] operativefor pasttwelveyears,
and has been using it to deal with prominent issues including conversion of
forestland for non-forestpurposes, illegal felling, potentially threatening
mining operations, afforestation and compensation by private user agencies
for using forestland. In pursuanceof the orders, the Governmenthas
constituted severalHigh Powered Committees, a Compensatory Afforestation
Management and Planning Authority and a Central Empowered Committee.
The enormous significance of this single writ petition is evident fromthe fact
that about 2000 interlocutory applications relating to forestissues have been
disposed under it.
Of late, the apex Courthas been confronted with intricate cases requiring
resolution of the tension between the ‘rightto development’ and the ‘rightto
environment’.[16] Theanxiety to resolve this tension and adopt a balanced
approach is apparentin N.D. Jayalv Union of India,[17] a caseinvolving

18. construction of a large dam at Tehri in Himalayan foothills, wherethe Court
refused to interfere by emphatically declaring the symbiotic relation between
both these rights in the following words:
Right to environmentis a fundamental right. On the other hand, right to
development is also one. Here the right to ‘sustainabledevelopment’ cannot
be singled out. Therefore, the concept of ‘sustainabledevelopment’ is to be
treated as an integral part of ‘life’ under Article 21. Weighty concepts like
intergenerational equity, public trust doctrine and precautionary principle,
which we declared as inseparableingredients of our environmental
jurisprudence, could only be nurtured by ensuring sustainabledevelopment.
However, a gamut of recent cases seemingly projects an impression of Court’s
growing pro-industry tiltwhile dealing with intricate issues of sustainable
development. In Deepak Nitrite Ltd. v State of Gujarat& Ors.,[18] a case
dealing with determination of standard of compensation in respectof
industries which had flouted the norms laid down by the State Pollution
Control Board, the Court held that mere non-compliance with these norms
does not imply that environmental damage would result thereby; a strange
and inexplicable conclusion indeed.
Confronted with the issueof oil pipeline construction through Jamnagar
Marine National Park and Sanctuary, the apex Court in Essar Oil Ltd. v Halar
Utkarsh Samiti & Ors.,[19]permitted such laying of pipelines on the ground
that it cannot invariably lead to the destruction or removal of the wild life in
these ecologically sensitiveareas. The Court, instead of taking independent
expert evidence on the issue like it has done in all other cases, deferred to the
State’s judgmentof possibledamage and the failure of respondentto place
any contrary reports beforeit. Furthermore, given a choice between
environmentand development, in Research Foundation for Science
Technology and Natural Resource Policy v Union of India & Ors., the Court
seemed unequivocal of its choice to err on side of development. Itclearly
displayed that it was in favour of continuance of hazardous industry subjectto
safeguards being followed and seemingly took India’s economic growth rateof
9 per cent and economic interests in ship wrecking industry as overriding
considerations. Lastly, in Karnataka IndustrialAreasDevelopmentBoard vSri.
C. Kenchappa & Ors.[20]Law, Environmentand DevelopmentJournalthe Court
overturned a direction by the Karnataka High Courtto the appellant to leave a
land of one kilometre as a buffer zone to maintain a ‘green area’ around the
periphery of a village. In the absenceof any evidence, it adjudged that these

19. directions would have hindered land acquisition for industrialdevelopment.
Justice P.N. Bhagawati once made a insightfulobservation: ‘Weneed judges
who are alive to the socio-economic realities of Indian life’.
In L.K Kulwalv. State,[21] TheRajasthan High court directing the municipal
authorities to Jaipur to keep the city clean, laid emphasising on the
fundamental duty of the citizens under Art. 51A (g). According to the court, the
provision renders the citizen the right to move the court to see that state
performs its duties faithfully and strives to protect and improvenatural
environment. Itis the primary duty of the municipal council to remove filth,
rubbish, noxios odour or any offensivematter, and financial inability cannot be
plea.
According to Apex court in M.C Mehta v. Union of India[22] Article39 (e), 47,
48-A collectively cate duty on the state to securethe health of the people,
improvepublic health and protect and improvethe environment, on the
premises to protect the health of the people of Delhi, the courtissued several
direction phase out grossly polluting old vehicles and non-CNG Buses. The
Court rightly related the govt.’s plea that CNG was in shortsupply. The court
observed.
Confirming economic advantage upon industry by making available cheap gas
in preference to need for supplying gas for environment reason is inconsistent
with settled constitutional position.
Some of the significant principles and guidelines laid down by the Supreme
Court in M. C. Mehta cases to bring environmental protection within
constitutional framework areas under:
(a) Court's power to grant compensation under Article 22- -"Under Article32
Jurisdiction and power of the Court is not only injunctivein ambit, i.e.
preventing the infringement of a fundamental right, but it is also remedial in
scope. . . The power to grantsuch remedial relief may include the power to
award compensation in appropriate cases."
(b) Article21 - Scope and ambit expanded to include right to clean and healthy
environmentin the right to life.
(c) Law of Torts: - Strict and Absolute liability of an enterprise engaged in a

20. hazardous and inherently dangerous processes. Rulein Rylands v. Fletcher--
evolved at a time when all these developments of science & technology had
not taken place -- cannot afford any guidance consistentwith constitutional
norms of the presentday economy and social structure.
(d) 'Polluter Pays Principle', 'Precautionary Principle' and 'Public TrustDoctrine'
have become an integral part of the environmental law and policy in India.
e) Maintainability of Public Interest Litigation –Whether letters addressed to
individual judges entertainable - Hyper technical approach to be avoided by
this Court- Court must look at the substanceand not the form.
(f) Location of HazardousIndustry- National policy should evolve for location
of chemical and other hazardous industries in areas where population is
scarce. There should preferably be a green belt of 1 to 5 kmwidth around such
hazardous industries.
(g) Jurisprudenceand law – Itshould keep pace with the changing socio-
economic norms - wherea law does not fit into the present context, Court
should evolve new law.
(h) Environmental Courts- 'Since cases involving issues of environmental
pollution, ecological destruction and conflicts over naturalresources are
increasingly coming up for adjudication and these cases involve assessment
and evolution of scientific and technical data, it might be desirableto setup
special EnvironmentCourts.'On the Supreme Courtdirection some of the High
Courts in India have set up Green Bench to hear environmentcases.
The Supreme Courtdirected the Govt. of India to set up Authorities under
EnvironmentProtection act to get enforced orders and to further issue
directions for the protection of environment and control of pollution.
This statement explains the gradualshift in the judicial approach while dealing
with the issues of sustainabledevelopment. These new cases havebeen set
against the backdrop of a radically different socio-economic background of
national life. The annual GDP growth rate of the Indian economy has
catapulted to the levels of 8 to 9 per cent against a meager 5 to 6 per cent in
the previous two decades and the annual growth rate of the industrialsector
has skyrocketed fromthe range of 5 to 7 per cent to 11.6 per cent during the
period of 2002 to 2007.

21. Thus, industrialdevelopment has become a pressing need in the currentphase
of economic transformation. In such a scenario, it is impossiblefor the higher
judiciary to remain oblivious of this critical facet of national life and therefore,
there is an increased probability of a pro-developmentbias creeping into the
judgments wherecourts are required to review choices made between
environmentand development.
An important ingredient of environmental litigation is the element of
proceduralconvenience. On the proceduralside, locus standi requirements
have been diluted in environmental actions and courts allow citizens to file
Public InterestLitigation (hereafter ‘PIL’) for addressing violations of statutory
mandates by the executive and private parties or situations wherelegal
lacunae still persist. PILs haveemerged as the most potent tool in the hands of
Indian judiciary. TheCourt has the power to refer scientific and technical
aspects for investigation and opinion to expert bodies such as the Appellate
Authority under the National Environmental Appellate Authority Act, 1997 and
the power to direct the Central Governmentto determine and recover the cost
of remedial measures fromthe polluter under Section 3 of the Environment
(Protection) Act, 1986.
To sumup this section, despite all its downsides thelong journey of
environmental jurisprudencein India, when viewed in a holistic manner, can
be best described in SupremeCourt’s own words as: ‘This has been an
interesting judicial pilgrimage for the last four decades. In our opinion, this is a
significant contribution of the judiciary in making serious endeavour to
preserveand protect ecology and environment, in consonancewith the
provisions of the constitution.
The Environment rules:
The environment (protection) Rule 1986 cameinto forceon 19 November.
1986. TheEP Rule seek to carry out the provision of EPA, and to meet various
specific problems in relation to the protection and improvement of the
environment.
The EP Rules specify the standards for emission or dischargeof environment
pollutant fromindustries, operations or processes. However, thecentral
pollution control Board or state pollution control board can stipulate more
specific standards for any specific industry, operation or process. Theissuance
of direction denotes a coercive power proceduresafeguards arenecessary for

22. its proper use. The Environmentalrule provides thosesafeguards. These
safeguards includean opportunity of being heard. However, when the central
governmentis of the opinion that in view of the likely hood of graveinjury to
the environment, it is not expedient to providean opportunity to file objection
against the proposed direction, it may, or reason, recorded in writing, issue
direction without giving such an opportunity.
The provision takes into accountemergency situation when quick action is
needed. The EP Rules lay down the factors, which the central government
should consider while it prohibits or restrictthe location of any industry, or
carrying on of process and operation in different area, the topographic and
climate feature of the area, the biological diversity, which, in the opinion of the
central government, needs to be preserved, environmentally compatible land
use and proximity to human settlement, are someof the significantfactors to
be considered. A notice with full detail of the proposed prohibition or
restriction could be published, and objection filed within 60 days in writing.
The time limit within which the central governmentshould consider these
objections was fixes originally as 120 days. However, thetime limit was
changed by severalamendment notifications, and ultimately fixed at 286 days.
The longer period of opportunity is neither reasonablenor in consonance with
the objectiveof protection an improvement of the quality of the environment.
The safeguards provided for taking samples and sending them for analysis are
recognition of the right to a fair process. The E P Rule also lay down the
functions of environmentof laboratories qualifications of governmentanalysis,
and the manner of giving notice. The dischargeof the environmental pollutants
in excess of prescribed standards as of grave concern. That is the reason why a
person in charge of the place is bound to give information of the actual
occurrenceapprehension of occurrence. The E. P rule specify the authorities to
whomthis information has to be given-
The officer in charge of emergency or disaster relief operation in a district the
central pollution controlboard or a state pollution control board, or its
authorised regional officer, or any authorities or agencies in the schedule to
the E.P Rules.
Environment audit:
The Environment Protection Rule made the submission of an environment
audit report compulsory. Theoriginally stipulated to be filed on or before15
may of every year. The audit report, subsequently worded as audit statement

23. is to be filed on or beforeSeptember every year to the state pollution control
board. Every person carrying on an industry, operation or process requiring
consentunder the water Act or air Act or authorisation under the Hazardous
wastes (management and handling) Rules 1989 has to submitthis reportfor
financial year, ending 31 march, to the state pollution control. The benefits of
audit an be denied some of the remarkablebenefits of audit includes grater
industry compliance with environmentallaw, discloser of data on waste
generation, adoption of clean technology for pollution prevention, waste
minimisation, recycling any utilization, arrangementfor offsitedisposal,
revealing of data on consumption of water and raw material.
Hazardous substances:
specific provision is made in E P Rule for handling hazardous substances a
hazardous substances is defined not only as a substance, butalso as a
preparation, which by reason of its chemical or physio-chemicalproperties or
handling, is liable to causeharm to human beings, other living creatures. Prior
to permitting the handling hazardous substances in a area, the central
governmenthas to take into consideration hazardous natureof the substances
and its potential to damage the environment, human being, other living
creatures, plants and property. The fact that the governmenthas to apply its
mind to the availability of substitute or of the state of technology for
developing a sate substitute and the gestation period necessary for gradual
introduction of a new substitute is a very significantprovision in the E P Rule,
the guarantees consideration of all relevant matter before taking decision on
prohibition and restriction on the handling of hazardous substances.
The E P Rule also provides the proceduralsafeguards of effective and meaning
full notice and consideration of objection to the proposal.
Control of noise:
The state governmentcan classify the area on the basis of criteria in the
schedule. All development authorities, local bodies, and other authorities
concerned shall adopt measurein order to avoid noise menace, and to achieve
the objectiveof maintain the ambient air quality standards in respect of noise
an area of 100 meters around hospital, education institutions and courts may
be declared as silence zone. A loud speaker on a public written permission
froma specified a authority. A loud speaker or a public address systemshall
not be used at night between 10 pm to 6 am except in closed premises for
communication within, for instance, auditoria, conferenceroom,
communication hall and banquet hall.

24. Ø No untreated bio medical wasteshall be kept stored beyond period of 48
hours.
The ozone rule:
The rule relating to control of ozonedepletion providefor prohibition on new
investment with ozonedepleting substances, regulation of sale, purchase, use
of ozonedepleting substances and controlof production and consumption or
ozonedepleting substances. Thereis regulation of import export and sale of
products made with or containing ozone depleting substance.
Use of Law Machinery for Environment Protection:
The primary effort of the courts while dealing with environmental issues had
been to not only punish the offender but also to seek proper enforcement of
such laws. In Indian Councilfor EnvironmentalLegalAction v. Union of India it
was observed that:
Even though, it is not the function of the court to see the day-to-day
enforcement of the laws, that being the function of the executive, but because
of the non-functioning by the enforcement agency, the courts as of necessity
have had to pass orders or direction to the enforcementagencies to
implement the law for the protection of the fundamental rights of the people.
Here the question is whether civil action against the polluters by applying the
precautionary principle and polluter-pays principleis enough or penal action
should also be initiated against such offenders. Environmentlaws besides
providing for protection of the environment also providefor penal action
against the polluters. For e.g. Section 15 of the Environment(Protection) Act,
1986 provides for contravention of the provisions of the Act and the rules and
regulations issued under the Act to be punishable with imprisonmentfor a
term which may extend to five years or with fine which may extend to one lakh
rupees, or with both, and in case contravention continues, with additional fine
which may extend to five thousand rupees for every day during which such
failure or contravention continues. Similar are the provisions provided by the
Air (Prevention and Controlof Pollution) Act, 1981 as well as the Water
(Prevention and Control of Pollution) Act, 1974.
The Pollution ControlBoards have powers to initiate action againstthe
polluters. However, these Boards had till the recent pastbeen functioning as
record-keepers maintaining statistics regarding pollution and only during the

25. last few years theseBoards have taken some initiatives to protect and improve
the environmentafter being directed by the courts. Itis a matter of surprise
that even wherepollution was easily visible or was being felt for e.g. air
pollution in Delhi, the Boards acted as silent spectators till the Court
intervened.
The environmental laws providefor a certain procedurefor taking cognizance
of offences for e.g. Section 49 of the Water (Prevention and Control of
Pollution) Act, 1974 provides thatno courtshall take cognizance of any offence
under this Act except on a complaint made by a Board or any officer
authorised in this behalf by it; or any person who has given notice of not less
than sixty days, of his intention to make a complaint, to the Board or officer
authorised as aforesaid. Similar are the provisions relating to cognizanceunder
Sections 43 and 19 of the Air (Prevention and Controlof Pollution) Act, 1981
and the Environment (Protection) Act, 1986 respectively.
The procedurefor filing complaint should be simplified. The requirement of
giving notice to the Board or to the Central Government in case of offences
under the Environment(Protection) Act, 1986 should be done away and
instead of this, it should be provided that every person should have a right to
directly file a criminal complaint against the offender in accordancewith the
procedurelaid down in Section 200 CrPC. However, as a matter of safeguard
against malicious prosecution it can be provided that the court shall call for a
reportfrom the Pollution ControlBoard concerned before summoning the
accused. But at the same time it should also be provided that the complainant
shall have the right to challenge the reportof the Board by way of scientific or
other evidence.
There are other special or local laws dealing with nuisance. But the
Magistrate's power to act under Section 133 is not affected by them.[24] Even
the Water (Prevention and Control of
Pollution) Act, 1974 has nottaken away powers of the Sub-Divisional
Magistrate under Section 133 CrPC. The Sub-DivisionalMagistratehas power
to close a factory causing pollution, when appreciation certificate fromthe
Pollution Control Board is not produced.
Indian constitutionandinternational law:
India is a member of the United Nations organization since its inception. To
some extent environmental problems can be dealt on regional basis but all
problems cannot be said to be a local. The entire nation on rich or poor,

26. developed or developing, north or south facing the problemof pollution. Thus,
the problemof pollution is to a large extent a trans boundary problemand
sometime its effects are widely rampantand recognizeno boundaries. Itis true
that we have ‘one planet to live on’ and ‘ wehave common future’.
In this regard, various internationalconferences have been organized to forge
a common strategy to contain and central the pollution problems and many
international agreement and regional acts have been entered into for this
purpose. The firstinternational conferenceon environment and development
was organized at Stockholmin 1972 (5 Jun 1972) in which 107 nation were
participated. But only two heads of states came to address the conferenceand
one of them was the then prime minister of India Mrs Indira Gandhi, 26
principle were propounded which are known as magna-Carta, on human
environment.
Similarly, India has also participated in earth summit at Rio-de Janeiro (1992),
Nairobi conference(1987),Kyoto Protocol(1997), BaselConference
(1989),convention of law of seas (1969), convention on international trade on
endangered species (CITIES, 1973), Convention on Biological Diversity (1992),
convention on climate change(1992) and many others.
THANK YOU

27. SOURCES:
http://www.yourarticlelibrary.com/air-pollution/measures-taken-for-
controlling-air-pollution-from-industries-in-india/19769/
http://indianexpress.com/article/india/india-news-india/the-steps-aimed-at-
curbing-rising-air-pollution-levels-in-delhi/
http://sandeep-advocate.blogspot.com/2008/05/vehicular-pollution-case-
and.html
http://www.dec.ny.gov/chemical/8394.html
http://www.legalservicesindia.com/article/article/environmental-legislation-
&-its-legal-aspect-162-1.html