A PROJECT REPORT ON ROLE OF SUPREME COURT IN ENVIRONMENT PROTECTION

Submitted by: Submitted to:Ayushi Mr. abhishek Kumar201224 Environment Law FacultyVII sem

CONTENT ACKNOWLEDGEMENT TABLE OF CASES RESEARCH METHODOLOGY INTRODUCTION MEANING OF ENVIORNMENT WHY THE NEED FOR ENVIRONMENTAL LAWS? JUDICIAL REMEDIES FOR ENVIRONMENT POLLUTION THE CONSTITUTIONAL ASPECTS ON ENVIRONMENTAL LAW ENVIRONMENTAL PROTECTION: THE JUDICIAL APPROACH SOME REMARKABLE PRINCIPLES AND DOCTRINE PROPOUNDED BY THE INDIAN JUDICIARY: FUTURE CHALLENGES: NEED TO COMBAT CONCLUSION/ SUGGESTION REFRENCES

ACKNOWLEDGEMENT Words may not suffice to express my gratitude to all those who rendered help and cooperation to me in every possible way in completing this project. Still an attempt has been made here to thank from the bottom of my heart all those people involved in the successful completion of my project.

I take this opportunity to express my profound gratitude and deep regards to my guide Mr Abhishek Kumar for his guidance, monitoring and constant encouragement throughout the course of this semester on project role of supreme court in environment protection. The blessing, help and guidance given by him time to time have only made it possible the successful completion of the project.

And last, but not the least, I am thankful to my parents from the bottom core of my heart, for their immense encouragement and help whenever so required.

Though I have tried out best at the same time I know that there is nothing called perfection so I would like to have all valuable suggestion for future.

TABLE OF CASES

1. Enviro-Legal Action v. Union of India, 1996(3) SCC 212.

2. Charan Lal Sahu v. Union of India AIR 1990 SC 1480.

3. M.C. Mehta v. Union of India (1998) 9 SCC 93 (Taj Mahal case).

4. M.C. Mehta v. Union of India 1991 (2) SCC 137.

5. M.C. Mehta v. Union of India, 1992 Supp (2) SCC 633 (Ganga Pollution Case)

6. M.C. Mehta v. Union of India, AIR 1987 SC 965 (Delhi gas leak case).

7. M.C.Mehta v. Kamal Nath and Others (1997)1 SCC 388.

RESEARCH METHODOLOGY

Aims and objectives:

Present paper aims to look at the contribution of the Supreme Court of India in environmental protection and what possible role it can play in todays context with respect to the new emerging threat.

Scope and Limitations

Scope of the present paper is to explore the contribution of the Supreme Court in protecting the environment through leading judgments and the availability of various legal protections at the domestic and international level. The scope of the project is limited due to paucity of time.

Research Questions

This paper has attempted to answer the following questions:

What is the role of Supreme Court of India in protection of the environment?

Why is there a need for environmental laws?

What are the judicial remedies available for environment pollution?

What are the new emerging threats?

Sources of Data

Primary sources in the form of UN Charter and secondary sources in the form of Articles and books have been used to answer the various research questions.

Hypothesis

Since the protection of the environment is no longer contained within the domestic spectrum and has spilled outside it, right now it is the matter of the global concern. There is a need for effective protection of the environment to meet future challenges.

Methodology

Method of writing of this project is Analytical as well as Descriptive.

Mode of citation

A uniform mode of citation has been followed throughout the project

INTRODUCTIONEnvironment is the source of life on earth like water, air, soil, etc., and it is also determines the existence, growth and development of mankind and all its activities. The concept of environmental protection and conservation is nothing new. It has been intrinsic to many ancient civilisations. Ancient India recognised that one can take from the earth only so much as one puts back into it. In the 'Atharva Veda', the ancient Hindu Scepters stated What ofthee I dig out let that quickly grow over. [footnoteRef:1] [1: Mc Mehta, GROWTH OF ENVIRONMENTAL JURISPRUDENCE IN INDIA, p.71, 1999.available at http://heinonline.org (visited on September 25, 2015).]

But right now new technology like, thermal power, nuclear plant etc. without any adequate environmental protection pose a new threat to the environments, the result of which is some problem like climate change, global warming, acid rain, etc. Moreover, as per trend of Indian legislature to create a numbers of legislation instead of addressing the reason for failure, and passing a new bill every day is just like as old wine in new bottle. Therefore, it is requirement for a comprehensive analysis of the protection of the environment. In recent years, there has been a sustained focus on the role played by the higher judiciary in devising and monitoring the implementation of measures for pollution control, conservation of forests and wildlife protection. Many of these judicial interventions have been triggered by the persistent incoherence in policy-making as well as the lack of capacity-building amongst the executive agencies. Devices such as Public Interest Litigation (PIL) have been prominently relied upon to tackle environmental problems, and this approach has its supporters as well as critics.[footnoteRef:2] [2: Former Chief Justice Mr. K.G. Balakrishnan, THE ROLE OF THE JUDICIARY IN ENVIRONMENTAL PROTECTION IN D. P SHRIVASTAVA MEMORIAL LECTURE, p. 1, March 20,2010.available at supremecourtofindia.nic.in/.../dp_shrivastava_memorial_lecture_20. (Last visited on September 25, 2015).]

MEANING OF ENVIORNMENT

Einstein once remarked: The environment is everything that is not me.

The word environment relates to surroundings. It includes virtually anything. Indeed We can also define environment as anything which may be treated as covering the physical surroundings that are common to all of us, including air, space, waters, land, plants and wildlife.[footnoteRef:3] [3: Dr. Jai Jai Ram Upadhyay, ENVIRONMENTAL LAW, p.2, Allahabad: Central Law Agency, (2005).]

THE ENVIRONMENT (PROTECTION) ACT, 1986

Section 2(a) environment includes water, air and land and the inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property[footnoteRef:4]. [4: Available at envfor.nic.in/legis/env/env1.html (visited on September 28, 2015).]

According to the Webster Dictionary, as the Aggreg ate of all the external condition and influences affecting the life and development of an organism. [footnoteRef:5] [5: R.M. Lodha, ENVIRONMENTAL RUIN: THE CRISES OF SURVIVAL, P.364 .New Delhi: Indus Publishing Company,(1993).]

So after considering all the above definition, the basic idea can be concluded that environment means all the surrounding, which is essential for lives constitute the environment.

WHY THE NEED FOR ENVIRONMENTAL LAWS?

Today we are living in nuclear arena. Nobody can forget the damage caused by the atomic bombs, dropped by aircrafts belonging to United States on the Japanese cities of Hiroshima and Nagasaki during the final stages of World War II in 1945. Day to day advance of technology, apart from development also increases the threat to human life. In the 21st century various kinds of advance weapons have been developed like Chemical and Biological Weapons, all these technology extend our abilities to change the world. All these things compel us to reconsider the the protection of the environment in accordance with the fast changing world. Therefore, there is an acute need of the law, so it keeps pace with the need of the society and has respect for human beings. So now the question of environment protection is matter of global concern, it is not isolated problem of any area or nation.

JUDICIAL REMEDIES FOR ENVIRONMENT POLLUTION

The remedies available in India for environmental pollution comprise of statutory as well as tortuous law remedies. The tortuous remedy available for environmental protection is nuisance, trespass, negligence and strict liability. The statutory remedies includes: Citizens suit, e.g., an action brought under section 19 of the Environmental (Protection) Act, 1986, an action under section 133, Criminal Procedure Code, 1973.And under Indian Penal Code,1860 action can be brought under the Section 268 for public nuisance. Apart from this, a writ petition can be file under Article 32 in the Supreme Court of India or under Article 226 in the High Court. The descriptions of all remedies are as follows:

TORTUOUS LIABILITY

Tort law being judicially developed law, the Indian judiciary has developed the following tortious remedy.

Damage: Recently, In Shriram Gas Leak case, involving a leakage of Oleum gas which resulted in substantial environmental harm to the citizens of Delhi, the Apex court held that the quantum of damages awarded must be proportionate to the magnitude and capacity of the polluter to pay. However, the Apex Court has deviated from this test in the bhopal gas tragedy.[footnoteRef:6] [6: ROLE OF THE SUPREME COURT IN THE PROTECTION OF THE ENVIRONMENT, available at urisonline.in/2010/.../role-of-supreme-court-in-environment-protecti. (Visited on October 25, 2015).]

Injunction: The purpose of this legal remedy is to prevent continuous wrong. The grant of perpetual injunction is governed by Sec.37 to 42 on the Specific Relief Act, 1963.

Nuisance: In simple terms, Nuisance means the act which creates hindrance to the enjoyment of the person in form of smell, air, noise, etc. According to Stephen, nuisance is anything done to hurt or annoyance of lands, tenements of another and not amounting to trespass. Nuisance can be divided into two categories:

Private Nuisance- It is a substantial and unreasonable interference with the use and enjoyment of ones land.

Public Nuisance- It is an unreasonable interference with a general right of the public.

Trespass -It means intentional or negligent direct interference with personal or proprietary

rights without lawful excuses. The two essential requirements for trespass are:

1) There must be intentional or negligent interference with personal or proprietary rights.

2) The interference with the personal or proprietary rights must be direct rather than consequential.

Negligence: Simply it connotes failure to exercise the care that a reasonably prudent person would exercise in like circumstances.

Strict Liability: The rule enunciated in Rylands v. Fletcher by Blackburn J. is that the person who for his own purpose brings on his land and collects and keeps there anything likely to be a mischief, if it escapes, must keep it as its peril, and if he does not do so is prima facie even though, he will be answerable for all the damage which is the natural consequence of its escape. The doctrine of strict liability has considerable utility in environmental pollution cases especially cases dealing with the harm caused by the leakage of hazardous substances.[footnoteRef:7] [7: Available at urisonline.in/2010/.../role-of-supreme-court-in-environment-protecti. (Visited on October, 25, 2015).]

THE CONSTITUTIONAL ASPECTS ON ENVIRONMENTAL LAWIndia's Constitution is one of the few Constitutions in the world that contains specific provisions pertaining to the protection of the environment and thereby accords Constitutional status to environmental protection[footnoteRef:8]. Originally, before 1976 Indian Constitution having no specific provision regarding the environmental protection, it has found place after (Forty Second Amendment) Act, 1976 , which incorporated Article 48-A (directive principles of state policy) and Article 51-A (g) as fundamental duty to protect the environment .Which are as follows [8: Peggy Rodgers Kalas, ENVIRONMENTAL JUSTICE IN INDIA, P. 106 available at (http://heinonline.org) (Visited on October25, 2015).]

THE CONSTITUTION FORTY- SECOND AMENDMENT:It was the first time when responsibility of protection of the environment imposed upon the states through Constitution (Forty Second Amendment) Act, 1976,Article 48-A[footnoteRef:9] the provision reads as follows: The State shall endeavor to protect and improve the environment and to safeguard the forest and wildlife of the country. The Amendment also inserted Part VI-A (Fundamental duty) in the Constitution, which reads as follows: [9: THE CONSTITUTION OF INDIA, 1950]

Article 51-A (g)[footnoteRef:10] It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes,, and wildlife and to have compassion for living creature. [10: Id. 3]

In Sachida Nand Pandey v. State of West Bengal, the Supreme Court , relying upon the Constitutional directives concerning protection of environment observed whenever a problem of ecology is brought before the court , the court is bound to bear in mind Article 48-A and Article 51-A(g).When the court is called upon to give effect to the Directive Principles and the Fundamental Duties , the court is not to shrug its shoulder and say that priorities are a matter of policy and so it is a matter of the policy making authority.[footnoteRef:11] [11: Supra note 2]

Fundamental Rights vis--vis Environment: Part III of the Constitution of India incorporates fundamental rights which have been made judicially enforceable. An attempt here is being made to examine this perspective in the context of environmental protection. Our judiciary attempted to expand the scope and ambit of Article 21, through various cases. Right now everything which is pertinent to the life covered by Article 21, some cases are as follows:

ENVIRONMENTAL PROTECTION: THE JUDICIAL APPROACH

A judge is not a mimic. The greatness of the Bench lies in its creativity. When a law comes before a judge, he has to invest it with meaning and content and in the process of interpretation, he makes the law. It is, therefore, to my mind, essential that a judge must be in tune with social needs and requirements.... [footnoteRef:12] [12: Justice P N Bhagwati, 'JUDICIARY: HOLDING THE SCALES' , p.49,The Hindu 15 August (1977). Available at www.ancl-radc.org.za/.../Judicial%20Activism%20in%20Africa.pdf( Visited on October 23, 2015).]

There are numbers of the following judgments which clearly documented the active role of judiciary in environmental protection these are follows:

DELHI GAS LEAK CASE: In M.C. Mehta v. Union of India, AIR 1987 SC 965

Popularly known as the Delhi Gas Leak or Oleum Gas Leak Case ,In instant the Supreme Court laid down two important principles of law: First, the power of the Supreme Court to grant remedial relief for a proved infringement of a fundamental right (in case if Article 21) includes the power to award compensation. Thus, the court not only widened the scope of Article 21 by including in it protection of environment but also included a liability in tort for those harmed others by pollution. Second, the judgment opened a new frontier in the Indian jurisprudence by introducing a new no fault liabi lity standard (absolute liability) for industries engaged in hazardous activities which has brought about radical changes in the liability and compensation laws in India. The new standard makes hazardous industries absolutely liable from the harm resulting from its activities.

RIVER POLLUTION CASE:

M.C.Mehta v. Kamal Nath and Others (1997)1 SCC 388

The case involved encroachment of forest land and an attempt to change the course of the River Base to facilitate the construction of a motel by a company reportedly having direct links with the family of Kamal Nath, former Minister of Environment and Forests. The Supreme Court took notice of a news item regarding the above developments and proceeded to quash the approval granted by the central government, court gave the order for restitution of the environment and ecology of the area and to prohibit from discharging untreated effluents into the river. While directing the company to construct a boundary wall separating the building from the river basin, the Court made it clear that the river bank and the river basin were to be left open for public use. The Court pronounced in categorical terms: "The public trust doctrine, as discussed by court in this judgment is a part of the law of the land."[footnoteRef:13] [13: Available at www.nlsenlaw.org/live/.../environmental-(Visited on October 30, 2015.). ]

M.C. Mehta v. Union of India, 1992 Supp (2) SCC 633 in the (Ganga Pollution Case)

This was perhaps one of the earliest cases where the activities of tanneries were brought to the attention of the Supreme Court. This case was a public interest litigation presented before a Division Bench of the Honble Supreme Court comprising of E.S. Venkataramiah and K.N. Singh, JJ. The petitioner M.C. Mehta, who was an active social worker had filed this petition inter alia for the issue of a writ/order/direction in the nature of mandamus to the respondents restraining them from letting out the trade effluents into River Ganga until the time they put up necessary treatment plants for treating the trade effluents in order to arrest the pollution of water on the said river.The Supreme Court declared that the financial capacity of the Kanpur tanneries is irrelevant in directing them to establish primary-treatment plants to pre-vent any further pollution of the Ganga. The Court held that tanneries which have no financial means of establishing primary-treatment plants cannot be allowed to operate. By its firm and bold pronouncements, theSupreme Court has enforced the Polluter Pays Principle (PPP) which is widely accepted in OECD countries[footnoteRef:14] [14: Har Govindjn, RECENT DEVELOPMENT IN ENVIRONMENT PROTECTION IN INDIA: POLLUTION CONTROL, p. 432, Vol. 18. , No. 8 (1989), available at http://www.jstor.org/stable/4313633 (visited on October 30, 2015,).]

Taj Mahal case 9 (1997) 2 SCC 353.In order to save the Taj Mahal, one of the wonders of the world, and other cultural and historical monuments at Agra, the Supreme Court of India gave directions that no coal-based industry could operate in the Taj 'Trapezium', an rea of 10,400 square kilometres around the Taj Mahal. The polluting industries have been directed either to switch over to gas fuel or to relocate outside the Taj 'Trapezium' and the State Government has been directed to provide assistance and incentives to such relocating industries. The Court has also directed that the Government of India and the State of Uttar Pradesh should develop a 'Green Belt' around the Taj Mahal and provide uninterrupted power supply to Agra to curb the use of diesel generators

SOME REMARKABLE PRINCIPLES AND DOCTRINE PROPOUNDED BY THE INDIAN JUDICIARY:

Doctrine of Absolute Liability Polluter Pays Principles Precautionary Principles Public Trust Doctrine Doctrine of Sustainable Development

DOCTRINE OF ABSOLUTE LIABILITY

THE BHOPAL CASE: In Union Carbide Corporation v. Union Of India 1989 SCC (2)

540 1989 SCALE (1)932[footnoteRef:15] [15: C. M. ABRAHAM and SUSHILA ABRAHAM, THE BHOPAL CASE AND DEVELOPMENT OFENVIRONMENTAL LAW IN INDIAp.364. Available at http://heinonline.org (visited on October 25, 2015).]

In instant case court held that, where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas, the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any exceptions. Therefore, SC Court developed a new trend of Absolute Liability without any exception.

POLLUTER PAYS PRINCIPLES (PPP)

"If anyone intentionally spoils the water of another ... let him not only pay damages, but purify the stream or cistern which contains the water... Plato

Polluter Pays Principle has become a popular in recent times. 'If you make a mess, it's your duty to clean it up'- this is the main basis of this slogan. It should be mentioned that in environmental law, the 'polluter pays principle' does not refer to "fault." Instead, it favors a curative approach which is concerned with repairing ecological damage. It's a principle in international environmental law where the polluting party pays for the damage done to the natural environment. It is regarded as a regional custom because of the strong support it has received in most Organization for Economic Co-operation and Development (OECD) and European Community (EC) countries. International environmental law itself mentions little about the principle.[footnoteRef:16]In Vellore Citizens Welfare Forum v. UOI (1996) 3 SCC 212. The Supreme Court has declared that the polluter pays principles are an essentials feature of the sustainable development. [16: Available at www.legalserviceindia.com/.../l54-Interpretation-of-Polluter-Pays-Pri..(Visited on October 29,2015).]

PRECAUTIONARY PRINCIPLES

Supreme Court developed following three concept of Precautionary Principles:

Environmental measures must anticipate, prevent and attack the causes of environmental degradation Lack of scientific certainty should not be used as a reason for postponing measures Onus of proof is on the actor to show that his action is benign(Supreme Court in Vellore Citizens Welfare Forum)[footnoteRef:17] [17: Shiraz Rustomjee, GLOBAL ENVIRONMENTAL LAW AND INDIA, September 2009 available at scholarship.law.cornell.edu/cgi/viewcontent.cgi?Article=1144...ijli (Visited on October 29,2015).]

PUBLIC TRUST DOCTRINE

The Public Trust Doctrine primarily rests on the principle that certain resources like air, sea, waters and the forests have such a great importance to people as a whole that it would be wholly unjustified to make them a subject of private ownership[footnoteRef:18]. [18: Ibid]

M.C.Mehta v. Kamal Nath and Others (1997)1 SCC 388.

The public trust doctrine, as discussed by court in this judgment is a part of the law of the land."[footnoteRef:19] [19: Available at www.nlsenlaw.org/live/.../environmental-(Visited on October 29,2015).]

DOCTRINE OF SUSTAINABLE DEVELOPMENT

The world commission on Environment and development (WCED) in its report popularly known as the Brundtland Report named after the Chairman of the Commission Ms. GH Brundtland. According to Brundtland Report, Sustainable developments mean development that meets the needs of the present without compromising the ability of the future generations to meet their own needs. 24

The courts are often require to strike a balance between development and environment. InRural Litigation and Entitlement Kendra v. State of UP, court first time came across the issue relating to the environment and development; and held that, it is always to be remember that these are the permanent assets of mankind and or not intended to be exhausted in one generation. Vellore Citizens Welfare Forum (1996) 5 SCC 647. In this case Supreme Court observed that sustainable development has come to be accepted as a viable concept to eradicate poverty and improve the quality of human life while living within the carrying capacity of the supporting eco- system.[footnoteRef:20] [20: Ibib ]

FUTURE CHALLENGES: NEED TO COMBAT

Today, we are concerned with a different kind of threat that lurks on our environment. Rapid Industrialization, mechanization, motorization and chemicalisation of agriculture caused the massive threat. Which have resulted in poisoning the air, the rivers and the soil itself. This not only endangers human beings and animal life but also seriously affects vegetation on earth. Some are as follows:THERMAL POWER PLANTS: NUCLEAR PLANT

Development without destructionIncreasing industrialization and rapid urbanization increases energy demands. The rising global demand for energy has been met to an increasing extent by the use of fossil fuels. Furthermore, energy production by fossil fuels leads to many types of environmental pollution such as air, water, noise, thermal and nuclear. In order to reduce the damage the sitting of the thermal power is very important. The Selection of site for thermal power is very important in the view of resource linkages such as, availability of land, water, cost of the power etc. but equally it should be viewed with respect to its environmental impact.[footnoteRef:21] [21: Pradeep P. Joshi, ENVIRONMENTAL POLLUTION BY THERMAL POWER PLANTS, p.85 Cited in Environmental Ruins: The Crises of survival,New Delhi: Indus Publishing Company., (1993).]

THE ASIAN HAZE OR ASIAN BROWN CLOUDRecently, Scientist have been came a crossed the new emerging threat to the world climate . a UN study , commissioned by United Nation Environment Programmee ( UNEP) conducted by about 200 scientist including Indians, have discovered a 3 Km. thick deep blanket of brownish lawyer of pollution name as Asian Haze of Asian Brown cloud (ABC). This Haze consists of deadly cocktail of ash, acid, Sulphates, Nitrate, Black Carbon and so on.

ACID RAINAcid rain is matter of great global concern and has become one of the major environmental problems.[footnoteRef:22] The best example of effect of acid rain we can see on Taj Mahal "The milky white marble of the Taj Mahal is turning pale," [22: H.M Saxena , ENVIRONMENTAL GEOGRAPHY , p.244New Delhi: Rawat Publication,(1999).]

ENVIRONMENTAL WARFAREUsing weather as a weapon and manipulating the environment for military purpose is common and has come to focus in the Gulf War. The United States is the first to use weather modification as a weapon in Indo- China region from 1967-72. The invention was to increase normal monsoon rainfall and disrupt Vietnamese logistics marking the emergence of the use of the environment as a weapon in warfare. Artificial triggering of earthquake and tidal waves , modifying hurricanes or hailstorms to change their course, creating artificial fog to impede enemy traffic, etc. the use of the chemical weapons are not only harmful to people and other organisms but to ecosystem also. The Gulf crises (1990) have brought it back to the forefront. Dumping millions of barrels of crude oil in sea to hamper naval operations and foul up desalination plants supplying drinking water, marked the beginning of environmental warfare. [footnoteRef:23] [23: Ibid 258 259]

ENVIRONMENTAL EDUCATIONThere is no means of any law, unless its effective implementation, and for effective implementation public awareness is indispensible condition, Therefore, it is necessary that there should be appropriate awareness. This contention is also upheld by the Apex Court in the case of M.C. Mehta v. Union of India in instant case Court directed to the Union Government was required to issue directions to all the State governments and the union territories to enforce through collectors as a condition for license on all cinema halls, to compulsory exhibit free of cost at least two slides/messages on environment during each show. Furthermore, Law Commission of India in its 186th report made a proposal for the constitution of the environment court. Hence, there is an urgent need to strengthen the hands of judiciary by creating separate environmental courts, with a professional judge to deal with the environmental cases /crimes, so that the judiciary can perform its role more.

CONCLUSION/ SUGGESTIONThus we find after analysis of above cases that, the Supreme Court is now in the process of expanding the various legal provision for environmental protection. In this way judiciary try to fill all the gapes where there is laciness of the legislation. These new developments and innovation in India by the judicial activism open the many ways to meet the social and political needs of the country. In India, the courts are very conscious and alert about the special nature of environmental rights, considering that the loss of natural resources cannot be replenished.

REFRENCESARTICLES

M. ABRAHAM and SUSHILA ABRAHAM, THE BHOPAL CASE AND THE

DEVELOPMENT OF ENVIRONMENTAL LAW IN INDIA (Hein online).

Former chief Justice Mr. K.G. Balakrishnan ,THE ROLE OF THE JUDICIARY IN

ENVIRONMENTAL PROTECTION IN D. P SHRIVASTAVA MEMORIAL LECTURE.

Har Govindjn, RECENT DEVELOPMENT IN ENVIRONMENT PROTECTION IN INDIA: POLLUTION CONTROL, (Jstor).BOOKS

Dr. Jai Jai Ram Upadhyay, ENVIRONMENTAL LAW, Allahabad: Central Law Agency, (2005). M.V Ranga Rao, ROLE OF JUDICIARY IN ENVIRONMENTAL PROTECTION, SupremeCourt Journal, September- December, (2001).WEB SOURCES

envfor.nic.in/legis/env/env1.html (visited on November 28, 2011).

lawcommissionofindia.nic.in/reports/186th%20report.pdf (Visited on October 30,2015). http://heinonline.org (visited on October 30, 2015).

http://www.jstor.org/stable/4313633 (visited on October 30, 2015). http://www.manupatrafast.in/pers/Personalized.aspx.legalsutra.org/.../examining-the-roles-of-mc-mehta-sundarlal-bahugu..(Visited on October 30, 2015).

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