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BOOK REVIEW OF
“ENVIRONMENTAL LAW IN INDIA” BY P. LEELAKRISHNAN
ENVIRONMENTAL LAW IN INDIA by P. Leelakrishnan, MA (Aligarh), LLM (Kerala), PhD (London), Formerly Professor and Dean, Faculty of Law, cochin University of Science and Technology, Presently Member Executive Council of National University of Advanced Legal Studies, Kochi. Published by Lexis Nexis, Gurugram (Haryana), Pp. xxxvii+361, Fifth Edition (2019), Price Rs. 550/- INTRODUCTION “Environment” includes air, water and land and the interrelations which exit among and between these basic elements and human beings and other living organisms. Besides the physical and biological aspects, the environment embraces the social, economic, political, cultural, religious and several other aspects as well. The environment, thus is an amalgamation of various factors surrounding an organism that interact not only with the organism but also among themselves. The law of environmental protection envisages growing interdependence of economic management and environmental resources and its impact on human life. Essentially, growing debate in recent times about the need for environmental protection has slowly but surely increased the focus on the nature and extent of development, which embraces the ecological dimensions. The protection of environment is needed for sustainable development. The Industrial pollution, degradation of forests, depletion of ozone layer, the greenhouse gases results in global warming and climate which will have an adverse impact on environment and human health.^1 BIBLIOGRAPHICAL INFORMATION The Book for review is titled as “Environmental Law in India” authored by P.Leelakrishnan. This is the fifth edition published in 2019. The first edition was released in 1999. The present book is a reprint edition of 2021. This book is a publication of Lexis Nexis, Gurugram Haryana. The book consists of 12 Chapters. The main content of the book is of 361 Pages and there are xxxvii pages containing preface, Index and Table of cases. (^1) Journal, Special Issue On Climate Change & Environmental Law, Indian Law Institute
THEME OF THE BOOK
The Book “Environmental Law in India”, fifth edition makes a comprehensive and exhaustive coverage on this field of law. It is expected to serve as a useful reference for lawyers, judges, social activists, environmentalists, researchers and students engaged in various fields, such as human rights, as also the students of Environmental Law. The Book exhaustively deals with the constitutional mandate for environmental protection, judicial review of decisions affecting environment, problems hovering around Bhopal gas Tragedy and litigation connected therewith, environment impact assessment and public participation in the assessment process. This book contains a qualitative analysis of the laws relating to the field, with references to international conventions wherever necessary and the growing judiciary evolved by the judiciary. THE AUTHOR A Butterworth Fellow in London University in 1990, Prof. Leelakrishnan was in the UGC Panel and Curriculum Committee in Law for a long time and was it's convenor during 1995 to 2001. He has delivered the prestigious Public Law lecture of 2017 of the Cochin University on environmental jurisprudence. Enrolled as a lawyer in the High court of Kerala in 1962 and having obtained his master's degree in law in 1968 from Kerala University securing the Cullen law prize, Prof. P. Leelakrishnan was appointed as a lecturer in the Department of law in the Kerala University (later became a part of Cochin University) in 1969. He went to London University in 1972 and obtained his Doctorate (Ph.D.) from LSE in 1975. On his return he was appointed as a reader in 1977 and professor in
- While discharging as the head of the Department of Law and the Dean of the Faculty of Law in the Cochin University of Science and Technology and being the editor of the Cochin University Law Review (CUSAT) for about two decades, he had several publications by way of research articles and case comments.
is relatable to whatever object it is which is surrounded. Environment is a polycentric and multifaceted problem affecting the human existence. In the First Chapter , the Author briefly introduces the term Environment with the help of the umbrella Legislation for Environmental Laws namely the Environment Protection Act, 1986. Further, he has discussed the relationship between the Environment and the Law. The sources of Environmental Law, its relation with other disciplines such as biology, biotechnology, ecology, economics, hydrology, medicine, psychology, political science and public administration has been fairly discussed by the Author. He further gives the gist of the Traditional approach of the Ancient Indian approach towards the Environment. Author has described about the presence of ample evidence of environmental concerns in the preaching contained in Vedas, Upanishads, smritis etc. He describes the environment protection measures being taken during the Vedic Era and how it got exploited during the later vedic stage. He states that the Rishis warned against deforestation and cutting of trees as they hinted that such action would result in poor rainfall.^3 Yagnas were were performed in vedic society to purify the air.^4 The Author further gives a brief introductory para on the Environmental Law Provisions in the Constitution of India. He discusses about the Stockholm Declaration^5 , the Forty second Constitutional Amendment Act that has become the magna carta of the Environmental Legislation in India. A Fundamental Duty was imposed on the Citizens in protecting and improving the natural environment including lakes, rivers and wildlife and to have compassion for living creatures. 6 The existing environmental regime in India consists of laws on forest, wildlife, pollution of water and air, biodiversity and on the mechanism of Green Tribunal. The Indian Forest act 1927 is the statute of the British era. However, the Wildlife Protection act 1972 and the Water Act of 1974 enacted by the parliament in exercise of the powers under article 252 of the Constitution of India. Article 25 2 to empower the parliament to enact a law on the State subject if two or more states make a request in that regard. The Tiwari Committee made the first attempt to study the existing laws and to suggest legislative endeavor on environment protection. (^3) V.D.Vartak, “Sacred Groves-A Sanctuary for Lofty Trees and Lianas” in Eco-development of Western Ghats, Oawan Kumar Publications, Jodhpur, 1986, pp 329-335. (^4) Subhir K. Bhatnagar, “Sanitary Environment: The Constitution and Judicial Approaches” in Environment Administration, Law and Attitude: Studies on Environment Protection, Deep and Deep Publications, New Delhi, 1997, p 447. (^5) United Nations Conference on the Human Environment, 5 - 16 June 1972, Stockholm. (^6) The Constitution of India, 1950, Articles 51 A(f) and (g)
In the Second Chapter , the Author writes about the Public Nuisance as the root cause for Environmental pollution and different perspective thereto. He throws light on the provisions for punishment under IPC for the Public nuisance. Further he provides for the provisions under Cr.P.C to tackle the problem of public nuisance. Author also tries to recall the judicial decions with regards to the public nuisance during earlier days. The law of public nuisance as laid down in Cr.P.C is applicable to a case of noise pollution. In Raghunandan Prasad Vs. Emperor^7 , the Allahabad High Court upheld the decision of the Magistrate forbidding a factory owner from operating his factory engines from 9pm to 5am on the ground that it was ‘injurious to the physical comfort of the community’. Further the Author explains the philosophy of Nuisance. He examined the distinction between the public nuisance and private nuisance. In Ram Baj Singh Vs. Babulal^8 , the Allahabad High Court elaborately dealt with this issue. In 1979, the Supreme Court of India had captured the potential parameters of the law of nuisance in Cr.P.C as the remedy for environmental assaults in Govind Singh Vs. Shanti Swaroop^9. The famous Ratlam case^10 was very well explained by the Author. The Author further deals with various Judicial interpretations and in various public and private nuisance cases. He further discusses about the Civil Remedies for Environmental Hazards. A brief information on the Remedies under the National Green Tribunal Act, 2010 is also provided herein. The provisions of the NGT are also discussed in the chapter. The Third Chapter , the Authors discuss the topic of forest conservation and how it is effected by law and judicial decisions. Discussing the need to conserve forests, the causes and effects of deforestation, the Authors move on to the constitutional mandate on forest conservation and specific legislations on the same, viz., the Indian Forest Act 1927 and the Forest (Conservation) Act 1980. The Supreme Court of India took a note of this vital role of forests in the case of Rural Litigation and Environment Kendra Vs. State of UP^11. Further, a brief note is made on Reserved and Protected Forests. Then, the Author discusses about the new perspectives towards Forest Laws. The Sustainable use of Forests with emphasis on the Rights of Forest (^7) AIR 1931 All 433, p434. (^8) AIR 1982 All 285. (^9) AIR 1979 SC 143. (^10) Municipal Council, Ratlam Vs. Vardichand, AIR 1980 SC 1622. (^11) AIR 1988 SC 2187
CRZ-IV and those requiring special consideration. He further updates us by the Amendments brought to the 2011 notification. In 2015, certain guidelines relating to development of beach resorts and hotels were made applicable to even in the non-designated areas of CRZ-II. Further the Author provides various Judicial interpretations in Coastal Zone Management with greater concern for Sustainable Development. In the Fifth Chapter , the Author throws insight on the Resource Management in which he alarms the concern of the Natural Resources.^16 As per his understanding saving nature is a big challenge. He discusses on the Right to Development wherein he writes that Equitable access to the basic resources is an ingredient of the right to development. Here he says that Development does not mean development of elite and urban rich alone, but also of the masses. He further discusses about the Biological Diversity and the Convention on Biodiversity. He further talks about the Indian Legislation on Biodiversity. India is a party to the CBD and has enacted the Biological Diversity Act 2002 (BDA). Then he moves on to Wetlands and says that wise use of wetlands is an obligation. It is a result of the famous Ramsar Convention that laid down two significant concepts. First, the contracting parties agreed to promote the conservation of wetlands declared to be of International Importance. Secondly, as far as possible, the parties should give emphasis on the wise use of wetlands in their territory. Then, speaking about the Land Resources he examines the role of state and various agencies in protecting the resources. He rely upon various judicial pronouncements wherein the courts have intervened in rescue of the nature. In M.C.Mehta Vs. UOI^17 , the mining operations within the radius of 5 Kms from the tourist resorts of Badkal lake and Surajkund in the state of Haryana were a matter of great concern. The court observed that there shouldn’t be any mining activity within 2kms radius of tourist places. Further in KIADB Vs. C.Kenchappa^18 , the Apex court held that green belt rule need not be insisted for an area developed fort IT industry. Thus, judiciary has interfered constructively in the environmental matters. He further elaborately gives various instances of Mining and Environmental issues in various parts of the country. He then discusses about the Developmental works in terms of rehabilitation and resettlement and the environmental issues namely, Slum Area Development, Urban Industry (^16) The United Nations Declaration on the Right to Development, 1986, Article 8(1). (^17) AIR 1996, SC 1977 (^18) AIR 2006, SC 2038
location and relocation etc. Then, he discusses on the Water resources explaining the significance of water bodies to human life. The Inter State River Water Disputes Act, 1956 and its role of adjudicating matters related thereto have been analysed by the Author. Lastly, he speaks about the Right to Protect Ancient Monuments which also form a rich Resources of the country. The Author briefly discusses about the States role in protecting the Resources in the chapter. The Authors in the Sixth Chapter , analyze the problem of water pollution in India and the manner in which it is dealt with by the legal framework in the country. The Water (Prevention and Control of Pollution) Act 1974 has been explained in substantial detail. The Authors further analyze the composition of the Central and the State Boards, their respective power and function and also the provisions in the Act relating to prevention and control of water pollution. Here the Authors explain the various powers conferred upon the Central Board and the various State Boards to carry out measures for the prevention and control of water pollution. Further to this the Authors discuss in detail the procedures under the Act and the penalties imposed under the same. The aspects of offences by Companies and Governmental Organizations as well as the cognizance of the same are also dealt with in an academic excellence. Further the Authors mainly deal with the problem of air pollution and the legal measures in place to check the same. Introducing the topic with a brief note on the sources and effects of air pollution, the Authors proceed to a detailed explanation of the Air (Prevention and Control of Pollution) Act 1981. This includes the constitution and composition of the Central and State Boards for prevention and control of air pollution, their respective powers and functions. The powers given to the Boards for the prevention and control of air pollution under the Air Act, e.g., the power to declare air pollution control area, power to take remedial measures etc. have also been discussed in great and systematic details. This is followed by a discussion in the procedures and penalties under the Air Act for offences committed by various entities. He further deals with the Standards of Control. He stresses on the Judicial control on different kinds of pollution standards of emission from Motor Vehicles. Having discussed about Air and Water Pollutions, the Author next moves on to Noise pollution. The Noise Pollution (Regulation and Control) Rules 2000 framed under EPA demarcate the areas where noise is regulated and controlled. Author rely on various judicial decisions in support of his statements made in the chapter.
Reviews. When we hear of the word environment hazard the incident that strikes to every mind is the infamous Bhopal Gas Tragedy. The Author cites the Union Carbide Corp. Vs. UOI^23 stating the case has even bleed the hearts of judges while adjudicating the matter. Compensation to the victims of Bhopal gas Leakage raised a dilemma in Indian law of torts, which had its origin^24 in English Common law and sustained its existence through various statutes generating semblance of tort actions. The Author further describes the two famous Tortious liabilities namely Absolute Liability^25 and Strict Liability^26. He deeply writes on the findings in the Bhopal gas Leak case and has discussed various maxims discussed in the case. Following to that in the Environmental Litigation and Judicial review the Author describes about the Class Action and Public Interest Litigations with reference to the Environmental matters. One of the prominent areas for PIL is the Environment related issue. The Author further describes important doctrines that evolved as a result of Judicial Review like The Polluter Pays Principle, Precautionary Principle, Public Trust Doctrine and the Sustainable Development plan. Environmentalist M.C.Mehta’s contribution to the field of Indian Judicial Review is outstanding and remarkable. A Series of cases has lead to landmark decisions in the Indian Judicial System. Some of them are Span Motels Case^27 , Taj Trapezium case^28 to name a few. The Author further provides some other judicial decisions in various PILs pertaining to the Environment Protection. The Last two chapters namely the Eleventh and the Twelfth Chapters broadly deal with the Environment Impact Assessment and Public Participation in Environmental Decision making respectively. The Author herein recalls the famous lines “Prevention is Better than Cure”. The modern technological state intensifies the conflict between environmental values and developmental needs. Legal stratergies are necessary to reconcile this conflict and to augment sustainable development. Environment Impact Assessment (EIA) is an instrument of reconciliation. He further poses the complex questions before us with regards to the developmental projects and the environment concern. He explains the Mandatory Model and the Discretionary Model in support of the EIA. Having been discussed on the models of EIA, he categories the (^23) AIR 1992 SC 248, p 262. (^24) Ratanlal & Dhirajlal, The Law of Tort, 22nd (^) Edn, Wadhwa & Co., Nagpur, 1992, pp 2, 3 (^25) M.C.Mehta Vs. UOI, AIR 1986 SC 1086 (Oelum Gas Leak Case) (^26) Rylands Vs. Fletcher, (1868) LR 3 HL 330 (^27) M.C.Mehta Vs. Kamal Nath, (1997) 1 SCC 388 p (^28) M.C.Mehta Vs. UOI, AIR 1997 SC 734.
Bhopal issue as a Victim of a Discretionary model. Further coming to the Indian Model of EIA, the Author says that the Institutionalization of impact assessment in India took place in the early 80s. He further updates on the EIA Notification 2006 which has come with a fundamental change. He says that as per the 2006 Notification, both the Central and State agency are given the power to make impact study for projects of separate types with prescribed threshold limits. MoEF and the State Environment Impact Assessment Authority (SEIAA) are the regulatory authorities to render clearance at the center and state respectively. Then after explaining the features and process of EIA he takes a sight on the Judicial reviews on EIA. He briefly explains on pre-EIA era and present situation. He discusses about the Narmada case^29 in which for the first time the EIA Notification 1994 was examined. He discusses about the Association for Environment Protection Vs. State of Kerala^30 , which was much prior to the EIA Notification in India wherein the State has planned a system of Environment Impact Assessment for Project crossing 10 Lakh Rs in the Tourist areas. He discusses about Tehri Dam Clearance in Bandh Virodh Sangarsh Samithi Vs. State of UP^31 , in which the SC dealt with the safety aspects of Their Dam and then the Author elaborately finds the observations of Mining and Environmental Clearance in Common Cause Vs. UOI^32. In Rajendra Shankar Shukla Vs. State of Chhattisgarh^33 , SC keenly observed the Township scheme and their EIA Clearance system. Author further provides for the exemptions prospectus and changes in threshold limits etc. At the concluding portion of the chapter the Author has made a critique on the quantum of investment for a project is invariably considered as the basis on which EIA is made in India. Next, in the last chapter of the book the Author speaks about the Public Participation in Environmental Decision Making. According to him, the public participation is very much important to have a conflict free execution of the project. It acts as bridging the gap between environmentalists and the project. He compares it with other global powers like USA, UK and coming to the Indian scenario he explains about the Consent Granting Process. Through various examples of environmental issues and court proceedings the Author provide an indebt information of the Modes of Public participation, the High Courts and Apex Courts jurisdiction in dealing with such matters. To the concluding remarks of the chapter, he discusses on the principle (^29) Narmada Bachao Andolan Vs. UOI, AIR 2000 SC 3751 (^30) (2013) 7 SCC 226. (^31) (1992) 1 SCC 44 (^32) (2017) 9 SCC 499 (^33) (2015) 10 SCC 400
Another very important and stand out aspect of this book is that every Chapter is replete with case laws of the Supreme Court of India and the High Courts. These case laws range from the landmark ones to those which are recent and have ruled on some of the recent laws relating to environment protection. This is seen especially in Chapters where a separate section has been included on the judicial approach to the topic under concern and also in the Chapters which deal with specific aspects like air, water and noise pollution, management of hazardous wastes etc. This book undoubtedly qualifies as a complete textbook for the sake of a basic understanding of what environmental law is and what are the various aspects under its umbrella. The authors, in the preface, state that in the light of the importance and relevance of the subject, an attempt was made to write this book on ‘Environmental Law in India’. Whilst dealing in detail with the various facets of the Environmental Laws, Coastal Regulation Zones, Public Participation in Environmental decision making, Constitutional developments with Environmental law, Sustainable Development both with respect to the legislative instruments for the same and the approach of the judiciary towards it, this attempt can be considered successful on the part of the Author. The book is free from complex technical terms, explained in a very easy reader friendly language is in my opinion one of the best books for beginners in Environmental Studies, Law College Students, Judicial fraternity and for everyone who is interested in Environment Protection. Submitted by: Student Name: DEEPAK TONGLI Enrollment No.: 210051101221004 Semester: I Semester Course: LL.M. Coastal & Maritime Security Law and Governance Subject: CMSLG-103: Law & Justice in the Globalized World University: Rashtriya Raksha University Gandhinagar, Gujarat- 05 Academic Year: 2021 - 22
