Env Project Final

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IMPLEMENTATION OF PRINCIPLES OF

SUSTAINABLE DEVELOPMENT AND ROLE OF

JUDICIARY

PROJECT FOR THE SUBJECT

Environment Law

Submitted By

Ms. Kashmira Bakliwal

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Semester VI

B.A.LL.B. (Hons)

UNDER THE GUIDANCE OF

Mrs. Parna Mukherjee

Asst. Prof., ILNU

Submitted To

INSTITUTE OF LAW

NIRMA UNIVERSITY, AHMEDABAD

ACADEMIC YEAR (2011-12)

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CONTENTS

2

Declaration 3

Certificate 4

Acknowledgement 5

Literature Review 6

CHAPTER 1

Introduction : Sustainable Development 8

Research Methodology 9

CHAPTER 2

Origin of Sustainable Development 11

Sustainable Development in India 15

CHAPTER 3

Principles of Sustainable Development 18

Role of Judiciary 20

CHAPTER 4

Conclusion 26

Bibliography 28


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DECLARATION

The text reported in the project is the outcome of my own efforts and no part of thisreport has been copied in any unauthorized manner and where the text is taken from the

authenticated books, articles or web articles, appropriate reference is given. It is true in my best

of knowledge.

Date:-

Roll No.- 09BAL062 Name & Signature of the student

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CERTIFICATE

This is to certify that the project entitled Implementation of principles of

sustainable development and role of judiciary submitted by Ms. Kashmira Bakliwal for

the project work in the subject of Environment Law embodies independent and original

research work carried out by her under my supervision and guidance.

To the best of my knowledge and belief, it is her original work submitted to fulfill the

project assignment for the Semester End Examination of Sixth semester of B.A.LL.B.

Programme during the academic year 2011-12.

Date: Mrs. Parna Mukherjee

Asst. Professor in Law

Institute of Law,

Nirma University

Ahmedabad

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ACKNOWLEDGMENT

I sincerely thank Institute of Law, Nirma University for providing me this opportunity. I am

grateful to Parna Maam for giving her valuable time to guide and support me throughout the

project without which this would have been a difficult task.

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LITERATURE REVIEW

Books referred-

A Usha, Environmental Law Principles and Governance, The ICFAI University

Press, 1st edition

Sahasranaman, P.B.,Handbook of environmental law, Oxford University Press , New

Delhi, 1st edition

Websites referred-

http://niua.org/Publications/discussion_paper/basudha_paper.pdf

An article on SUSTAINABLE URBAN DEVELOPMENT IN INDIA: SOME ISSUES by

Basudha Chattopadhyay :

Judicial Implementation of the Principles of Ecologically Sustainable Development in

Australia and Asia- A paper presented to the Law Society of New South Wales Regional

Presidents Meeting,Sydney, NSW, 21 July 2006.

http://jurisonline.in/2010/10/international-law-and-sustainable-development/

An article on Sustainable Development - A Conflict Between Environment And Development

by SWATHY GOPAL on SEPTEMBER 24, 2010 :


An article on International law and sustainable development by UJJWALA on OCTOBER

29, 2010,

http://www.legalserviceindia.com/articles/jud.htm

http://indialawyers.wordpress.com/2009/05/24/judicial-activism-and-the-role-of-green-

benches-in-india/

http://jurisonline.in/2010/09/sustainable-development-a-conflict-between-environment-and-

development/


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http://niua.org/Publications/discussion_paper/basudha_paper.pdfhttp://jurisonline.in/2010/10/international-law-and-sustainable-development/http://jurisonline.in/2010/10/international-law-and-sustainable-development/http://www.legalserviceindia.com/articles/jud.htmhttp://indialawyers.wordpress.com/2009/05/24/judicial-activism-and-the-role-of-green-benches-in-india/http://indialawyers.wordpress.com/2009/05/24/judicial-activism-and-the-role-of-green-benches-in-india/http://jurisonline.in/2010/09/sustainable-development-a-conflict-between-environment-and-development/http://jurisonline.in/2010/09/sustainable-development-a-conflict-between-environment-and-development/http://jurisonline.in/2010/10/international-law-and-sustainable-development/http://niua.org/Publications/discussion_paper/basudha_paper.pdfhttp://jurisonline.in/2010/10/international-law-and-sustainable-development/http://jurisonline.in/2010/10/international-law-and-sustainable-development/http://www.legalserviceindia.com/articles/jud.htmhttp://indialawyers.wordpress.com/2009/05/24/judicial-activism-and-the-role-of-green-benches-in-india/http://indialawyers.wordpress.com/2009/05/24/judicial-activism-and-the-role-of-green-benches-in-india/http://jurisonline.in/2010/09/sustainable-development-a-conflict-between-environment-and-development/http://jurisonline.in/2010/09/sustainable-development-a-conflict-between-environment-and-development/http://jurisonline.in/2010/10/international-law-and-sustainable-development/


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http://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/vwFiles/Speech_21Jul06_Preston.pdf

/$file/Speech_21Jul06_Preston.pdf

CHAPTER 1

Introduction

Sustainable Development

Research Methodology

Type of research

Objective

Scope

Hypothesis

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INTRODUCTION: SUSTAINABLE DEVELOPMENT

Sustainable development refers to at least four separate but related objectives: first, it refers to a

commitment to refer to preserve natural resources for the benefit of present and futuregenerations. Second, sustainable development refers to appropriate standards for the

exploitation of natural resources based upon harvests or use. Third, yet other agreement

requires an equitable use of natural resources, suggesting that the use by any state must take an

account of the needs of other states and people. Fourth category of agreements require that

environmental considerations be integrated into economic and other developmental plans,

programs, and projects, and that environmental needs are taken into account in applying

environmental objectives.

Sustainable development is defined as a pattern of social and structured economic

transformations which optimizes the economic and societal benefits available in the present,

without jeopardizing the likely potential for similar benefits in the future. Sustainable

development is a principle, a strategy for improving the quality of human life while preserving

the environment it is a continually evolving process, in which the journey, that is, the process

of achieving sustainability is of course vitally important, but only as a means of getting to the

destination, that is, the desired future state. The primary objective of sustainable developmentis also to reduce the absolute poverty of the worlds poor through providing lasting and secure

livelihoods that minimize resource depletion, environmental degradation, cultural disruption

and social instability.

So, sustainability is defined as the capacity of being borne or endured, upheld or defended, or

the capacity that something has to be sustained into the future. It is a geometric concept: it

comprises different dimensions of the relationship between humanity and nature, and between

humans of the same generation in different places on Earth, suggesting the ecological,

economical, and social elements of this relationship.

Sustainable development is a pattern of resource use that aims to meet human needs while

preserving the environment so that these needs can be met not only in the present, but also for

the future generations. The term was used by the Brundtland Commission which coined, what

has become the most often-quoted definition of sustainable development as development that

meets the needs of the present without compromising the ability of future generations to meet

their own needs.

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RESEARCH METHODOLOGY

TYPE OF RESEARCH

This is a doctrinal research i.e. a researchconcerned with legal prepositions and doctrines. In caseof doctrinal research the sources of data are legal and appellate court decisions, it is not concerned

with people but documents. The present research study is mainly a doctrinal and analytical. Keeping this

in view, the researcher utilized the conventional method of using libraries consisting of primary sources.

As the study is doctrinal in nature, historical and doctrinal methods are adopted because it is not possible

to study purely by experimental method. The relevant material is collected from the secondary

sources. Materials and information are collected by legal sources like books on Environmental law,

from print and electronic media.

OBJECTIVE

The researcher aims to study the principles of sustainable development. The researcher also

aims to study the role of judiciary in implementation of principles of sustainable development.

SCOPE

The study of this project is limited to sustainable development in India

RESEARCH QUESTIONS

1. What is sustainable development?

2. How is the progress of sustainable development in India?

3. What are the principles of sustainable development?

4. What is the role of judiciary in implementation of principles of sustainable development?

HYPOTHESIS

The judiciary of India has played a very important role in the implementation of sustainable

development

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CHAPTER 2

Genesis of Sustainable

development

Sustainable development in

India

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BRIEF HISTORY OF THE ORIGIN OF SUSTAINABLE DEVELOPMENT

The complex relationship between humankind and the environment has attracted attention for

centuries. In the early 1960s, environmentalism emerged on the national scene, prompted by

the release of scientific evidence on the Planets decline. The concept of 'Sustainable

Development' is not a new concept. A series of international conferences and initiatives

formulated a theoretical framework for sustainable development during 1972 to 1992.The

doctrine had come to be known as early as in 1972 in the Stockholm declaration.

STOCKHOLM CONFERENCE, 1972

The United Nations Conference on the Human Environment or the Stockholm Conference, was

held in Stockholm from June 5 to 16, 1972. The Stockholm Conference was widely regarded as

one of the best organized and most successful United Nations meetings at that time. The

Stockholm meeting produced a conference declaration containing 26 principles and an action

plan including 109 recommendations for future implementation at the national and international

levels. The Action Plan identifies specific environmental actions to address environmental

issues and divides them into three categories: a global environmental assessment

program, environmental management activities, and international measures to support the

national and international actions of assessment and management. The Stockholm Declarationis regarded as an advisory statement of purpose, called as soft law, in contrast to binding or

hard legal obligations contained in bilateral or multilateral treaties. By the end of the

Stockholm Conference, environmental problems were firmly recognized as falling within the

competence of the United Nations system. The environment was now a new and important area

for international cooperation. The international community had accepted the need for prompt

and effective implementation by Governments and the international community of measures

designed to safeguard and enhance the environment for the benefit of present and future

generations of man1.

WORLD COMISSION ON ENVIRONMENT AND DEVELOPMENT, 1983

(BRUNDTLAND COMISSION)

1An article on Sustainable Development - A Conflict between Environment and

Development bySWATHY GOPALonSEPTEMBER 24, 2010:http://jurisonline.in/2010/10/international-law-and-sustainable-development/

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In 1983, a special, independent commission, called the World Commission on Environment

and Development (Brundtland Commission), was established. The objective of Brundtland

commission was to study the issue of environmental degradation and develop an

interdisciplinary, integrated approach to solving our common problem. . The Brundtland report

pointed out two features of environmental law and policy that were inconsistent with the

interdependent nature of the environment and ecosystems. First, it was observed that

environmental law was predominantly structured along the same lines as the territorial

organization of states. Second, it was found that environmental law lacked a unifying

philosophy, and protective measures only addressed specific sectors or species, i.e. components

of the environment, to the extent that international law on sustainable development seeks to

protect the environment irrespective of the linkage between sectors of the environment and the

territorial organization of states. So, this law challenges traditional environmental law. In order

to address this situation, the WCED called on states to reorient their economic development

paths towards environmentally sustainable development.The Brundtland Commission found

that despite the hopeful pronouncements of the Stockholm Conference , no programs or

policies had been instituted that offered any real hope of providing for human needs while

preserving nature.

UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT,1992 (RIO DECLARATION)

The United Nations Conference on Environment and Development (UNCED), the so-called

Earth Summit, was held in Rio de Janeiro, Brazil from June 3 to 14, 1992. The Earth Summit

was conceived as a successor to the Stockholm Conference, as there was requirement of a

follow-up meeting after the Stockholm conference. the Rio Conference adopted Agenda 21,

which was a voluminous catalogue of recommendations on the most diverse aspects of

environmental and developmental policies.

The Rio declaration has had a significant influence in the development of sustainable

development due to three factors. First, unlike the earlier Stockholm declaration of 1972,its

language is in most cases obligatory. This declaration was drafted carefully and was intended to

be norm-creating and to lay down the parameters for further development of law. Secondly, the

twenty-seven principles of this declaration represent something of a package deal negotiated by

consensus and must be read as a whole. Thirdly, the declaration reflects a real consensus of

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developed and developing states on the need for generally agreed norms of international

environment protection.

WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT, JOHANNESBURG, 2002

The World Summit on Sustainable Development, or the Earth Summit was held from August

26 to September 4 in Johannesburg, South Africa. The UN General Assembly resolution which

authorized the Johannesburg Conference aimed at carrying on the tradition of precedent-setting

UN environment and development conferences which began with the 1972 UN Conference on

the Human Environment in Stockholm (Stockholm Conference) and the 1992 Rio Conference.

It convened the Johannesburg Summit ten years after the Rio Summit, to reinvigorate the

global commitment to sustainable development and to focus on the identification of areas

where further efforts are needed to implement agenda 21.

At the World Summit on Sustainable Development, held at Johannesburg in 2002, the heads of

the states reaffirmed their commitment to achieving sustainable development and adopted two

documents: the Johannesburg Declaration on Sustainable Development,and the plan of

implementation. The Plan of Implementation, divided in ten sections, focussed on several

critical goals for implementing Agenda 21. The Johannesburg Summit recognized that poverty

eradication, changing consumption and production patterns, sustainable development in aglobalizing world, health and sustainable development, means of implantation, and protecting

and managing the natural resource base for economic and social development are the essential

requirements for sustainable development. The Johannesburg Plan of Implementation called

for partnership between governments in developed and developing countries as well as between

governments and nongovernmental institutions and organizations2.

The Johannesburg Summit reflected a major change now underway in the international

system. After this summit, the international community has begun to recognize that making a

grand promise is easy but it is of little value when not followed by effective performance.

Making real changes on the ground is much more difficult than negotiating treaties,

declarations, and agendas, creating international agencies, and writing national

plans. Governments have not delivered on their promises to work in concert to protect the

global environment and to move toward sustainable development.

2An article on International law and sustainable development

byUJJWALA on OCTOBER 29, 2010,http://jurisonline.in/2010/10/international-law-and-sustainable-development/

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SUSTAINABLE DEVELOPMENT IN INDIA

Indias international obligations under important multilateral treaties and conventions are

complementary to the municipal law. Quite a few international law norms have been

assimilated into domestic law judgments of the apex court. The Forty-Second Amendment Act

of1976 brought about major changes in the Constitution with regard to the environment

protection.It added Article 48A to the directive principles of state policy. It declares: The State

shall endeavour to protect and improve the environment and to safeguard the forests and wild

life of the country. Article 51A (g) in a new chapter entitled Fundamental Duties, imposes a

similar responsibility on every citizen to protect and improve the natural environment

including forests, lakes, rivers and wild life, and to have compassion for living creatures.

Developing nations such as India, usually exist in a precarious state with regards to their

countrys economic development, responsible use and conservation of natural resources. This

struggle is doubled when combined with the quest to eradicate poverty, disease, and illiteracy

and to provide jobs for the nations citizens.

On one hand, India is faced with environmental degradation from poverty and population

pressures, and on the other, from pollution from increased activities due to economic growth

and the consequent changing consumption patterns3.The waste generated from consuming and

producing these goods and services are in turn released back into the environment impacting it.The challenge therefore, in making development compatible with the environment is to

restructure the economic system in a way that it will not destroy the environment as economic

progress continues.

Due to its stark socio-economic disparities and her massive and severely impoverished

population, the United Nations has ranked India in the bottom quarter of the worlds nations in

terms of human development. India cannot afford to neglect the environment if sustainable

development is desired. The pressures on environment have to be curtailed by reducing

pollution pressures, increasing literacy, environmental awareness drives, and poverty

alleviation programmes.

Secondly, the economic activities must be conducted using environment conserving and

resource saving technologies. and creative use of information technologies needs to be

considered seriously. Therefore, though it is not an easy task for India to develop sustainably, it

is absolutely necessary and requires tremendous cooperation and will. With the determination

3

An article on SUSTAINABLE URBAN DEVELOPMENT IN INDIA: SOME ISSUES by BasudhaChattopadhyay :http://niua.org/Publications/discussion_paper/basudha_paper.pdf

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of the government, private sector, non governmental organizations, and the people, it is

possible for India to achieve sustainable development.

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CHAPTER 3

Principles of

Sustainable

Development

Role of Judiciary

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PRINCIPLES OF SUSTAINABLE DEVELOPMENT

Some of the basic principles of sustainable development are the precautionary principle, the

polluter pays principle

PRECAUTIONARY PRINCIPLE

The Precautionary principle has been recognized as the most important principle of sustainable

development. The Precautionary principle has its origin in a German environmental concept,

Vorsorgeprinzip, or the foresightedness principle, which can be freely translated as the

obligation to foresee and forestall environmental harms.Foresightedness in this context implies

looking over the horizon for unexpected dangers.

The Precautionary Principle has four distinct elements which provide a framework foridentifying, evaluating, learning more about, and avoiding or minimizing the risks of

technology and for providing the time for doing so. These elements of the Precautionary

Principle are: trigger, timing, response and iteration.

Principle 15 the Rio declaration, 1992 states that: In order to protect the environment, the

precautionary approach shall be widely applied by States according to their capabilities. Where

there are threats of serious or irreversible damage, lack of full scientific certainty shall not be

used as a reason for postponing cost-effective measures to prevent environmental degradation.

So, under this principle, it is provided that the activities which are likely to pose a threat

or irreversible damage to nature should be avoided and that activities which are likely to pose a

significant risk to nature should not proceed where potential adverse effects are not fully

understood. Thus, the Precautionary principle, which originally was a principle recognized only

by certain states at a national, and later regional, level, henceforth is affirmed worldwide.

POLLUTER PAYS PRINCIPLE

The polluter-pays principle is necessary to ensure that social, economic and environmentalgoals are realized harmoniously; it is essential to integrated decision-making. According to the

polluter-pays principle, governments should require polluting entities to bear the costs of their

pollution rather than impose those costs on others or on the environment. In short, economic

development should not come at the expense of social development, natural resources

protection or even other types of economic development.

The Organization for Economic Cooperation and Development (OECD), which is composed of

the worlds developed nations, originally enunciated the principle in 1972 as a means of

allocating costs for pollution control. In practice, however, it is difficult to properly allocate

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costs without also asserting liability against particular entities for those costs. The principle is

thus broadly understood to include both cost- and liability-allocation. Because the use of goods

and services often results in environmental or social costs, the principle also is referred to as the

user-pays principle4. The object of this principle is to make the polluter liable not only for the

compensation to the victims but also for cost of restoring of environmental degradation.

Inter-Generational Equity:

The principle talks about the right of every generation to get benefit from the natural resources.

Principle 3 of the Rio declaration states that: "The right to development must be fulfilled so as

to equitably meet developmental and environmental needs of present and future generations."

The main object behind the principle is to ensure that the present generation should not abuse

the non-renewable resources so as to deprive the future generation of its benefit.

ROLE OF JUDICIARY IN SUSTAINABLE DEVELOPMENT

The shortcomings of the executive in coping with the pressures on the environment brought

about by change in the countrys economic policies had thrust the responsibility of

environmental protection upon the judiciary. This has meant that in India, the Judiciary in some

4 Judicial Implementation of the Principles of Ecologically Sustainable Development in

Australia and Asia- A paper presented to the Law Society of New South Wales RegionalPresidents Meeting,Sydney, NSW, 21 July 2006.

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instances had had to not only exercise its role as an interpreter of the aw but has also had to

take upon itself the role of constant monitoring and implementation necessitated through a

series of public interest litigations that have been initiated in various courts. However, in the

defence of the executive, it must be said that India has actively participated in several

multilateral treaties and has been active in admitting its commitments to the environment in

accordance with the general principles of International Law while incorporating them into its

national laws. Much of the difficulty of the executive in implementing these laws can perhaps

be attributed to resource constraints as well.

In its efforts to protect the environment, the Supreme Court and the Indian Judiciary in general

have relied on the public trust doctrine, precautionary principle, polluter pays principle the

doctrine of strict and absolute liability, the exemplary damages principle, the pollution fine

principle and inter-generational equity principle apart from the existing law of the land.

Another guiding principle has been that of adopting a model of sustainable development. The

consistent position adopted by the courts as enunciated in one of its judgments has been that

there can neither be development at the cost of the environment or environment at the cost of

development5.

Thus, the Supreme Court recognizes the need for development and proper utilization of our

natural resources for the betterment of our society. However, this cannot be done at the expense

of the environment itself.

The courts in India have, thus, played a dynamic role in preserving the environment and eco-

system. In a series of cases, the superior courts of India issued various directions and orders to

prevent the environmental degradation.

Judiciary in India, more precisely, the Supreme Court and the High Courts has played an

important role in preserving the doctrine of sustainable development. Parliament has enacted

various laws to deal with the problems of environmental degradation. In such a situation, the

superior courts have played a pivotal role in interpreting those laws to suit the doctrine ofsustainable development. It is also to be remembered that most of the environmental cases have

come before the court through PIL (public interest litigation) either under Article 32 or under

226 of the constitution.

5 An article on Sustainable Development and Indian Judiciary By Soura SubhaGhosh, http://www.legalserviceindia.com/articles/jud.htm

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The first case in which the Supreme Court had applied the doctrine of Sustainable

Development was Vellore Citizens Welfare Forum v. Union of India6. In that case, a dispute

arose over some tanneries in the State of Tamil Nadu. These tanneries were discharging

effluents in the river Palar, which was the main source of drinking water in the State. The

Honble Supreme Court held that: We have no hesitation in holding that the precautionary

principle and polluter pays principle are part of the environmental law of India.

Before Vellore Citizens Welfare Forum v. Union of India, the Supreme Court has in many

cases tried to keep the balance between ecology and development. In Rural Litigation and

Entitlement Kendra Dehradun v. State of Uttar Pradesh7, which was also known as Doon

Valley case, a dispute arose over mining in the hilly areas. The Supreme Court after much

investigation ordered the stopping of mining work and held: This would undoubtedly cause

hardship to them, but it is a price that has to be paid for protecting and safeguarding the right of

the people to live in healthy environment with minimal disturbance of ecological balance and

without avoidable hazard to them and to their cattle, homes and agricultural land and undue

affection of air, water and environment.

However in 1991, the Supreme Court allowed a mine to operate until the expiry of lease as

exceptional case on condition that land taken on lease would be subjected to afforestation by

the developer. But as soon as the notice was brought before the Court that they have breached

the condition and mining was done in most unscientific way, the Supreme Court directed the

lessee to pay a compensation of three lakhs to the fund of the monitoring committee. This has

been directed on the principle of polluter pays.

Likewise, various forests have also been protected. In a landmark case Tarun Bhagat Singh v.

Union of India8, the petitioner through a public interest litigation brought to the notice of the

Supreme Court that the Government of Rajasthan, though empowered to make rules to protect

environment, failed to do so and in contrary allowed mining work to continue within the forest

area. Consequently, the Supreme Court issued directions that no mining work or operation

could be continued within the protected area. But it would be unwise to hold that the Courts

6 AIR 1996 SC 2715

7 1989 AIR 594

8 AIR 1992 SC 514

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always favour environment without giving any significance to the development aspect when

dispute arises between environment and development.

InM.C. Mehta v. Union of India9 the Supreme Court issued directions towards the closing of

mechanical stone crushing activities in and around Delhi, which was declared by World Health

Organisation as the third most polluted city in the world. However it realised the importance of

stone crushing and issued directions for allotment of sites in the new crushing zone set up at

village Pali in the State of Haryana. Thus it is quite obvious that the Courts give equal

importance to both ecology and development while dealing with the cases of environmental

degradation.

In Indian Council for Enviro-Legal Action v Union of India10, a number of private companies

operated chemical factories without the required licences and had not installed equipment for

the treatment of highly toxic effluent which they discharged. The effluent polluted water

aquifers and the soil in the area and endangered the villagers right to life. The Supreme Court

of India dealt with the liability of the companies to defray the costs of the remedial measures.

One of the ways that the liability of the companies could be viewed was from the polluter

pays principle: The polluter pays principle demands that the financial costs of preventing or

remedying damage caused by pollution should lie with the undertakings which cause the

pollution, or produce the goods which cause the pollution. Under the principle it is not the role

of Government to meet the costs involved in either prevention of such damage, or in carrying

out remedial action, because the effect of this would be to shift the financial burden of the

pollution incident to the taxpayer. According to this principle, the responsibility for repairing

the damage is that of the offending industry.

In Vellore Citizens Welfare Forum v Union of India, the Supreme Court of India, referred tothe Supreme Courts decision inIndian Council for Enviro-Legal Action v Union of India and

held that the polluter pays principle had been accepted as part of the environmental law of the

country.

InM.C Mehta v Union of India the Supreme Court of India was concerned with approximately

550 tanneries located in thickly populated residential areas. They were being operated in

9 (1997) 1 SCC 388

10 AIR 1996 SC 144

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extremely unhygienic conditions and discharged highly toxic effluents over the areas. The

Supreme Court , referred to the Supreme Courts decisions in Indian Council for Enviro-Legal

Action v Union of Indiaand Vellore Citizens Welfare Forum v Union of India and held that

(i)t is thus settled by this Court that one who pollutes the environment must pay the to reverse

the damage caused by his acts.

The Court ordered the Calcutta tanneries to relocate and to pay compensation for the loss of

ecology/environment of the affected areas and the suffering of the residents.

Similarly, in M.C Mehta v Union of India,the Supreme Court of India, ordered coke/coal

consuming industries emitting air pollution that was damaging the Taj Mahal in Agra and the

residents of the Taj Trapezium, to apply for gas connection or, on failing to do so, to relocate.The Court cited with approval the decisions in Indian Council for Enviro-Legal Action v Union

of India and Vellore Citizens Welfare Forum v Union of India.

In Research Foundation for Science Technology and Natural Resources Policy v Union of

India11, the Supreme Court of India was concerned with 133 containers of illegally imported oil

which constituted hazardous waste which were lying at Nhava Sheva Port. The importers were

given notice by order of the Supreme Court to show cause why the consignment should not be

ordered to be re-exported or destroyed at their cost. Further, the importers were required to

show cause why the costs incurred by the relevant government body on testing the oil to

determine its status as hazardous waste should not be recovered from them and why they

should not be directed to pay compensation on the basis of the polluter pays principle.

The Supreme Court held: The liability of the importers to pay the amounts to be spent for

destroying the goods in question cannot be doubted on applicability of precautionary principle

and polluter pays principle. These principles are part of the environmental law of India. Thereis constitutional mandate to protect and improve the environment. In order to fulfil the

constitutional mandate various legislations have been enacted with attempt to solve the

problem of environmental degradation

The polluter pays principle basically means that the producer of goods of other items should be

responsible for the cost of preventing or dealing with any pollution that the process causes.

This includes environmental cost as well as direct cost to the people or property, it also covers

11 2007 (10) SCALE 59

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cost incurred in avoiding pollution and not just those related to remedying any damage. It will

include full environmental cost and not just those which are immediately tangible. The

principle also does not mean that the polluter can pollute and pay for it. The nature and extent

of cost and the circumstances in which the principle will apply may differ from case to case

The polluter pays principle was applied inIndian Council for Enviro-Legal Action and others.

vs. Union of India and others to fasten liability for defraying the costs of remedial measures.

The task of determining the amount required for carrying out the remedial measures, its

recovery / realization and the task of undertaking the remedial measures was placed in this case

upon the Central Government. In the present case the approximate expenditure to be incurred

for destroying the hazardous waste has been mentioned in report.

CHAPTER 4

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Conclusion

Bibliography

Conclusion

The doctrine of sustainable development although is not an empty slogan, it is required to be

implemented taking a pragmatic view. Making the concept of sustainable development

operational for public policies raises important challenges that involve complex synergies and

trade offs. The development of the doctrine of sustainable development indeed is a welcome

feature but while emphasizing the need of ecological impact, a delicate balance between it and

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the necessity for development must be struck, whereas it is not possible to ignore inter-

generational interest, it is also not possible to ignore the dire need which the society urgently

requires. It has been observed by Professor Michael von Hauff that, It is remarkable that India

was the first country in the world to enshrine environmental protection as a state goal in its

Constitution.

Sustainable development requires the States to ensure that they develop and use their natural

resources in a manner which is sustainable. The goal of the Government should be to come out

with laws and ideas with a commitment to preserve natural resources for the benefit of today

and tomorrow. The Government should also bring out some appropriate principles for the

utilization of natural resources based upon harvests or use which is prudent, or rational, yet

other agreements require an equitable use of natural resources, suggesting that the use by anyState must take account of the needs of other States and people and lastly it is also required

that, environmental considerations should be integrated into economic and other development

plans, programmes, and projects, and that the development needs are taken into account in

applying environmental objectives. Then we will be able to achieve sustainable development.

There has to be development in all countries, as development helps make mans life better and

easier to live on everyday basis. Without development, a country in the present global forum,

will be left behind and would appear primitive to its other counterpart nations or states. Thehuman race is the smartest species on the planet and without thoughts of development the zeal

to excel in all fields will come to a staggering halt. The result of which will lead to the down

fall of a State, Nation or even the entire human race. The human race which has managed to

stay on top of the food chain for millions of years is because of the fact that humans have the

ability of reasoning, which leads to the coming of many great inventions and hence,

development. Hence in the process of development there should be no hardship or poverty

caused to the people but on the other hand it should make life of the individuals better than

what it is presently. Therefore, in India the Legislature has laid down rules and laws for theprocedures to be followed in such cases.

But what has to be noted is that man, whether civilised or savage, is a child of nature and not

the master of nature. His action must abide to certain natural laws if he is to maintain his

dominance over his environment. When he tries to circumvent the laws of nature, he usually

destroys the natural environment that sustains him. The environment deteriorates rapidly and so

does his civilization. On account of the deterioration of the environment, ecology is disturbed;

climate has undergone a major change and rains have become scanty.These have long term

adverse effects on national economy and also on the living process.

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There is a need to protect the environment system. But at the same time there has to be a

balance between this protection and development. While it is true that in a developing country

there shall have to be developments, but that development shall have to be in closest possible

harmony with the environment. As otherwise there would be development but no environment,

which would result in total devastation, though, however may not be felt in presenti but at

some future point of time, and then it would be too late in the day, to control and improve the

environment. There should be a proper balance between the protection of environment and the

development process. The society shall have to prosper, but not at the cost of the

environment. The activities which are unscientific and unsustainable and are destructive of the

ecological balance are not to be allowed.

A landmark judgement of the Supreme Court on public interest litigation brought the sharpconflict between development and conservation of environment into legal focus. The Court

held, After all, the present generation has no right to deplete all the existing forests and leave

nothing for the next and future generations. The primary duty of the State is towards the

community and the obligation to society must predominate over obligations to individuals.

The Supreme Court has pointed out that the sustainable development consists in preservation of

the person without compromising the ability of future generation to meet its needs. The

sustainable development is a balancing concept between ecological development and

industrialization. Therefore, with a view to improve the quality of human life while livingwithin the carrying capacity of the subordinate ecological system, sustainable

development should be maintained by the industry and the State should ensure environmental

protection and prevent degradation thereof.

Bibliography

Books referred-

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A Usha, Environmental Law Principles and Governance, The ICFAI University

Press, 1st edition

Sahasranaman, P.B.,Handbook of environmental law, Oxford University Press , New

Delhi, 1st edition

Websites referred-

http://niua.org/Publications/discussion_paper/basudha_paper.pdf



http://www.legalserviceindia.com/articles/jud.htm

http://indialawyers.wordpress.com/2009/05/24/judicial-activism-and-the-role-of-green-

benches-in-india/

http://jurisonline.in/2010/09/sustainable-development-a-conflict-between-environment-and-

development/


http://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/vwFiles/Speech_21Jul06_Preston.pdf/

$file/Speech_21Jul06_Preston.pdf
http://niua.org/Publications/discussion_paper/basudha_paper.pdfhttp://jurisonline.in/2010/10/international-law-and-sustainable-development/http://jurisonline.in/2010/10/international-law-and-sustainable-development/http://www.legalserviceindia.com/articles/jud.htmhttp://indialawyers.wordpress.com/2009/05/24/judicial-activism-and-the-role-of-green-benches-in-india/http://indialawyers.wordpress.com/2009/05/24/judicial-activism-and-the-role-of-green-benches-in-india/http://jurisonline.in/2010/09/sustainable-development-a-conflict-between-environment-and-development/http://jurisonline.in/2010/09/sustainable-development-a-conflict-between-environment-and-development/http://jurisonline.in/2010/10/international-law-and-sustainable-development/http://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/vwFiles/Speech_21Jul06_Preston.pdf/$file/Speech_21Jul06_Preston.pdfhttp://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/vwFiles/Speech_21Jul06_Preston.pdf/$file/Speech_21Jul06_Preston.pdfhttp://niua.org/Publications/discussion_paper/basudha_paper.pdfhttp://jurisonline.in/2010/10/international-law-and-sustainable-development/http://jurisonline.in/2010/10/international-law-and-sustainable-development/http://www.legalserviceindia.com/articles/jud.htmhttp://indialawyers.wordpress.com/2009/05/24/judicial-activism-and-the-role-of-green-benches-in-india/http://indialawyers.wordpress.com/2009/05/24/judicial-activism-and-the-role-of-green-benches-in-india/http://jurisonline.in/2010/09/sustainable-development-a-conflict-between-environment-and-development/http://jurisonline.in/2010/09/sustainable-development-a-conflict-between-environment-and-development/http://jurisonline.in/2010/10/international-law-and-sustainable-development/http://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/vwFiles/Speech_21Jul06_Preston.pdf/$file/Speech_21Jul06_Preston.pdfhttp://www.lawlink.nsw.gov.au/lawlink/lec/ll_lec.nsf/vwFiles/Speech_21Jul06_Preston.pdf/$file/Speech_21Jul06_Preston.pdf

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