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Supreme Court of India on Environment Protection

Article Abstract by: ashok priyadarshi     

Original Author: ashok priyadarshi
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Supreme Court of India on  Environment Protection
 
                                                                      ashok priyadarshi
 Constitution of India, Art.21, Right to life - Includes freedom from noise pollution - Freedom of speech and expression  cannot be pressed to defeat Art. 21.
Air pollutant - Noise - Means - Undesirable sound - Disturbance produced in environment by undesirable sound is ''noise pollution''.
- Fire crackers - Noise standard - Fixed by R. 89 - Do not need to be altered at moment.         Noise standard - Evaluation - Chemical composition method to be adopted - Manufacturer to mention details of chemical contents on box of each fire cracker - Violation would expose manufacturer to criminal prosecution.
 Noise pollution - Awareness about - Needs to be created in childhood - Suitable courses of study need to be devised by preparing text books to be handed down to youth in its shaping age and whilst they are still in schools. AIR 2005 SC 3136 "In Re: Noise Pollution"
Plastic scrap - Ban on plastic carry bags - Sought to be raised from 20 to 40 MW as had already been done in States of Goa and West Bengal - Plastic is formidable obstacle to implementation of MSW AIR 2005 S C 1499 "Research Foundn. for Science v. U. O. I."
 Mining quarries/operation of Stone crushers - Pollution - Expert committee appointed by High Court - Report stating that 1 km. is safe distance between site under quarry lease and residential locality or Ground Level Service Reservoir - Pollution Control Board also specified 1 km. to be safe distance between crusher and human habitation - Assessment made by Centre of Mining Environment, Indian School of Mines, Dhanbad, concluded that there is no impact by quarry operations carried on by appellants on the GLSR or lake or nearby residential locality - Conversion of condition of safe distance of 1 km. to 2 kms. by High Court AIR 2004 SC 823 "Mohammed Haroon Ansari v. Dist Collector, Ranga Reddy
 MINES AND MINERALS - Notification D/- 27-1-94 - Undertaking expansion/modernisation of any activity/new project - Without clearance from Central Govt. prohibited by notification - Subsequent circular by Ministry of Environment and Forest (MOEF) giving time to defaulting units to obtain ex post facto environmental clearance - Show total non-sensitivity of MOEF to principles of sustainable development and the object behind issue of notificMining lease - Measures to be taken by lessee for protection of environment - To be strictly complied with. AIR 2004 SC 4016 "M. C. Mehta v. Union of India"
Environmental pollution - Exemplary damages for restoration of environment and ecology - Finding of Supreme Court in earlier proceedings that Span Motels Pvt. Ltd. by constructing walls and bunds on River Bank and beds of Beas river interfered with flow of water resulting in degradation of environment - Becoming final - Claim made by Motel for reversal of those findings - Is impermissible - M. C. Mehta, Petitioner v. Kamal Nath and others, Respondents. AIR 2002 S C 1515 "
 Vehicular pollution - Caused to emission of smoke, noise etc. from vehicles - Precautionary principle - Directions to phase out non-CNG buses and reduce use of diesel - Time limit fixed by Court - No shortage of CNG - Owner of diesel buses which continuous to ply diesel buses beyond 31st Jan., 2002 - To pay fine of Rs. 5per bus per day increasing to Rs. 1,000/- per day after 30 days of operation of the diesel buses - Same shall be deposited in Court by the Director of Transport by the 10th day of every month - M. C. Mehta, Petitioner v. Union of India and others, Respondents. AIR 2002 S 1696
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 (A) - Air pollution - In Agra - Establishment of four air monitoring stations - Air quality found to have not improved - 100 per cent. violation with regard to the RSPM level found - CPCD as well as U.P. State Pollution Control Board directed to find out the reasons - State Government directed to find out whether unauthorised brick kilns/foundries/factories causing such increase in the level of RSPM are still functioning within the 20 KM radial circle of Taj Monument. .AIR 2002 SC 3696 "M. C. Mehta v. Union of India.
Development activities and protection of Environment - Approach of Court in such matters - Should be to strike a balance the two - No activities which would ultimately lead to unscientific and unsustainable development and ecological destruction should at all be allowed and the Courts must scrupulously try to protect the ecology and environment.   
  Sand dunes are invariably built by particles of various forms and shapes of sand, seized up by waves and carried by the wind - They have a redeeming feature of being a moveable along with time, tide and the wind. AIR 2001 S C 184 "Goa Foundation, Goa v. Diksha Holdings Pvt. Ltd."
Published: July 25, 2007
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