Unit 3 of Environmental Laws (syllabus: Module III — Water Act 1974, Air Act 1981, Environment (Protection) Act 1986, Indian Forest Act 1927 and Forest (Conservation) Act 1980). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- When is the previous consent of a State Board required under the Water Act?
- When is the analysis of an effluent sample inadmissible?
- What does the Air Act add that the Water Act does not have?
- How wide is the Central Government's general power under the Environment (Protection) Act?
- Who may be prosecuted, and who may prosecute, under the three pollution statutes?
- What may a State Government not do with forest land without the Centre's approval?
- What acts are prohibited in a reserved forest, and what is saved?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Water (Prevention and Control of Pollution) Act 1974, s. 24, 25, 33, 33-A, 43 and 44
- Water (Prevention and Control of Pollution) Act 1974, s. 21, with sections 32, 33 and 41
- Air (Prevention and Control of Pollution) Act 1981, s. 2(a), 19, 20, 21, 22, 31-A, 37, 39 and 43
- Environment (Protection) Act 1986, s. 3, 5 and 24
- Water (Prevention and Control of Pollution) Act 1974, s. 47, 48 and 49; Air Act section 43; Environment (Protection) Act sections 16, 17 and 19
- Forest (Conservation) Act 1980, s. 2, with sections 3, 3A and 3B
- Indian Forest Act 1927, s. 3, 4, 17, 20, 26, 30, 33 and 35
Leading cases
- M.C. Mehta v Union of India
- M/s Delhi Bottling Co. Pvt. Ltd. v Central Board for the Prevention and Control of Water Pollution
- Church of God (Full Gospel) in India v KKR Majestic Colony Welfare Association
- S. Jagannath v Union of India
- Orissa Mining Corporation v Ministry of Environment and Forest
Full case summaries
- M/s Delhi Bottling Co. Pvt. Ltd. v Central Board for the Prevention and Control of Water Pollution (1986)
- Orissa Mining Corporation v Ministry of Environment and Forests (2013) — the Niyamgiri case