Suggested Questions on Environmental Law

SET-1
1. write short notes on the following:
(i) Intra-generational Equity as basis of sustainable development.
(ii) Citizen Suit Provision.
(iii) What is deep pocket theory
(iv) What is Environmental Impact Assessment?
(v) How will you define environmental pollutant?

2. States shall ensure that activities within their jurisdiction and control do not result in
damage to the territory of other states or properties of persons therein.
Discuss with reference to developments in international environmental law spelling
out the principles relating to transboundary air pollution.

3. (a) It is better to err on the side of caution and prevent environmental degradation which
may indeed become irreversible.
Discuss with reference to precautionary principle and decided cases, if any.
(b) What is scope of pubic trust doctrine?

4. The petitioner filed a writ petition by way of public interest litigation to prevent
respondents, a Governmental undertaking, from discharging their industrial effluent into
the river. It was alleged that such discharge of effluent into river has made the river what
unfit for drinking and irrigation purposes. The respondents have shown that irriegation
purposes. The respondents have shown that the petitioner was himself interested in
collecting the industrial effluent and the refusal by the respondents has led to the filing of
the petition. Discuss whether the petitioner is entitled to any relief. Cite the decided cases,
if any.

5. Can the court direct the polluter to install the treatment plant while passing an order in
proceedings under Section 33 of the Water (Prevention and Control of Pollution) Act,
1974? Discuss with reference to the facts and decision of Delhi High Court in Delhi
Bottling Co. Pvt. Ltd. Vs. Central Board for the Prevention and Control of Water
Pollution (AIR 1986 Delhi 152). Spell out the essential features of section 33.

6. Can the Environmental Authority established by the Central Governmental under Section
3(3) of the Environmental (Protection) Act, 1986 direct the stoppage of electricity supply
to the polluting industry for failure to comply with the provisions of the Act? Spell out the
inadequate and weaknesses of the Environmental (Protection) Act, 1986.

7. What is principle of absolute liability of the polluter? How will you distinguish it from
principle of strict liability? Is it codified? Discuss the scope of the principle with
reference to judgement of the Supreme Court in Shriram Gas Leakage Case and Public
Liability Insurance Act, 1991.

8. Write note on:

(i) Non-forest use of forest land;
(ii) Salient features of the Biological Diversity Act, 2002.

SET-2
1. write short notes on the following:
(i) Meaning of Environmental Pollution
(ii) Environmental Impact Assessment Notification 2006.
(iii) Non-Forest use of forest land
(iv) Constitution of Central Pollution Control Board
(v) Intger-generational and Intra-generational Equity

2. The history of international environmental lialgue is a history of attempts to bridge

contradictory ideological premises and divergent realities to further a common
environmental agenda. Elucidate the above in the light of international environmental
dialogue from Stockholm toJohannesburg.

3. Enormous quantities of highly toxic trade effluents emitted by Industry X, has caused
grave damage to village Z, which has become the vicinity of chemical industrial plants in
India. It poisoned water, earth and everything that came in contract with it and caused
death and disease in the whole village. It lead to collective revolt by the villagers leading
to the imposition of Sec. 144 Cr. P.C. by the District Magistrate. As per the order of the
Magistrate, the chemical industries have been closed. However the consequence of this
action, viz the enormous damage done to the water, earth, cattles, and the plants
remained to be addressed.
What judicial remedies are available to the villagers? Discuss the principles of
environmental law to be applicable in this situation. Base your answers on the decided
cases.

4. A PIL was filed by an NGO, in the High Court, highlighting the mining activities which
have denuded the Mussoorie Hills of trees and forest cover and accelerated soil erosion
resulting in landslides and blockage of underground water. The court ordered for the
closure of polluting quarries.
On appeal to the Supreme Court, the quarry owners as well as the workers employed
therein contend that, closing down order can not be passed in view of their sight to life
U/A 21 of the Constitution. Decide.

5. (i) Describe various functions and duties of Central Government under Environmental
Protection Act, 1986.
(ii) The main purpose of EPA is to create an authority under the ?Act with adequate
powers to control pollution and protect the environment. It is pity that till date no
authority has been constituted by the Central Government. The work which is
required to be done by an authority is being done by this court ---. Elucidate with
the help of case law. Cite the relevant statutory provisions.

6. Discuss in detail the procedure relating to the:

(i) Consent requirement and
(ii) Collection of sample of effluents, under the Water (Prevention and Control of
Pollution) Act, 1974. Refer to judicial precedents.

7. What are legal dimensions of sustainable development? Discuss in the light of decided
cases.

8. Describe the meaning, scope and inter-relationship of Strict Liability, Absolute Liability
and Polluter Pays Principle. Which of these principles have been codified by the
legislative in India? Briefly explain the statutory law.

SET-3
1. Explaining the need for National Green Tribunal Act, 2010 critically describe
its Jurisdiction and Powers.

2. We gave to evolve new principles and lay down news norms which would
adequately deal with the new problems which arise in a highly industrialized
economy. M.C. Mehta v. UOI, AIR 1987 SC 1086.
Which new principle has been evolved by Supreme Court in the above
mentioned case? Elucidate.

3. Although there are existing laws dealing directly or indirectly with

environmental matters, it was felt necessary to have a general legislation for
environmental protection.
Outline the reasons which necessitated the enactment of Environmental
Protection Act, 1986. Also discuss the powers of the Central Government to
protect and improve the environment.

4. A.P. Pollution Control Board made a complaint to the Metropolitan Magistrate

u/s 33 of the Water (Prevention and Control of Pollution) Act, 1974,
restraining the Nayudu Bottling Co. Pvt. Ltd. From causing pollution by
discharging trade effluent. It was stated in the complaint that the company has
not put up any treatment plant and a sample of the trade effluent. It was stated
in the complaint that the company has not put up any treatment plant and a
sample of the trade effluent was lifted which, on analysis, has been found as
not conforming to the parameters of the correct order of the company. The
company contended that the sample was not divided into two parts on required
by Section 21 of the Act, hence it is not admissible in law.
The Board on the other had contended that Section 21 does not come
into operation for lifting of a sample for the purpose of getting an order u/s 33
of the act. Decide.

5. States must ensure that activities within their jurisdictional and control do not
result in environmental damage to other states. Discuss in the light of various
developments in International Environmental law.

6. (i) Discuss whether citizens have duty to protect and improve the
environmental under Constitution of India?
(ii) Explain the concept of ProbonoPublico with reference to locus standi
in environmental public interest litigation.

7. In the light of Indian Council for Enviro-legal vs. UOI, AIR 1990 SC 1416,
discuss the statutory provisions, principles of law and various directions given
by Supreme Court to provide relief to the Bichhoi villagers.
8. Write short notes on any two:
(i) Inter-generational and Intra-generational equity,
(ii) Environmental Impact Assessment.
(iii) Duty of the State of protect the environment under Constitution of
India.

SET-4.
1. States must ensure that activities within their jurisdiction and control do not
result in damage to the environment of the other states.
Comment in the light of U.N. conference on Human Environment at
Stockholm in 1972 and other international treaties, Conventions and
declarations adopted to protect and improve the environment.

2. What do you mean by Precautionary Principle? What is the difference

between Precautionary Principle and Assimilative Capacity Principle? Does
Precautionary Principle shift the onus of proving environmental benign nature
of the development activity from those who challenge the developmental
activity to the author of the developmental activity to the author of the
developmental activity? Discuss in the light of decided cases.

3. (a) What is the significance of intergenerational equity and

intergenerational equity in the concept of sustainable development?
(b) What is special importance of Public Interest Litigation in
environmental protection cases? Discuss.

4. Any change in basic environmental elements like soil, water, air etc., is
hazardous for life and violates Article 21 of the Constitution of India.
Discuss in the light of the holding of the Supreme Court in the case of M.C.
Mehta v. Kamal Nath, AIR 2000 S.C. 1997 and Narmada BachaoAndolan V.
U.O.I., AIR 2000 S.C. 3751.

5. A filed a complaint in the State Pollution Control Board (SPCB) claiming that
an industry X was discharging untreated effluents in the river. The SPCB
directed industry X to establish effluent treatment plaint within two months.
After lapse of two months, the SPCB order the closure of industry X on the
ground that industry X did not comply with the direction of the Board. Discuss
the validity of the order in the light of the provisions of Water Act, 1974.

6. What are powers and functions of the Central Government under Environment
(Protection) Act? Do you agree that too much concentration of powers with
the Central Government under the Act is not justified? Spell out the weakness
of the Act.

7. Is principle of absolute liability for damage caused as a result of handling of

hazardous substances codified in India? How does it differ from principle of
strict liability? What is Deep Pocket Theory for determining the scope of
liability of the polluter? Discuss in the light of decided cases.

8. Discuss the Constitution and Jurisdiction of the National Green Tribunal under
the National Green Tribunal Act, 2010. How the Act has amended the water
Act, 1974; AIR Act, 1981 and Environment (Protection) Act, 1986? Discuss.

Test yourself(Few short questions)

1)What are the objects of environment (protection) Act 1986?

2)What protection measures in India are taken regarding environment?
3)What does Environment include and what do you mean by environmental
pollutant?
4)What is the subject matter of environment protection Act 1986 and extent of
the Act?
5)What are the special power of central government regarding the prevention
control and abatement of environment pollution?
6)What are the duties of persons carrying on industry towards the environment?
7)Define hazardous substance and what are the duties of persons handling
hazardous substance?
8)Who shall be bound to prevent environmental pollution if any accident took
place in excess of the prescribed standard?
9)What are the provisions regarding penal liability for contravention of the
rules, orders and directionsmade there under?
10)Can a company be punished for the offences under the environment
protection Act 1986?
11)Can a government servant or concerned head of the government department
be punished for theoffences committed under the environment Act 1986?
12)When can a court take cognizance of any office under the Act?
13)What do you mean by the national environment tribunal and what are their
functions?
14)Define Emission, Occupier and outlet under the Act?
15)Discuss the judicial activism relating to the protection of environment.
16)How far environmental protection in India is a constitutional obligation of
both the government as wellas of citizens? Discuss.
17)Explain the public internet litigation relating to environment?
18)Comment on earth summit or UN Conference on human environment
and development 1992.
19)Does Art. 48 A of the constitution of India impose an obligation of
government including courts to protect the environment?
20)Does right to live U/Art. 21 include right to good environment?
21)Comment on hazardous wastes (Management and Handling) Rules
1989.What are the salient featuresof these rules?
22)Explain bio medical wastes (Management and Handling Rules, 1998)?
23)What is the object of water Act, 1974 and to which states it applies?
24)What are the authorities under the Act?
25)What do you mean by central and state pollution control board under the
water Act, 1974?
26)Discuss the power and functions of the central and state pollution control
board under this Act.
27)Discuss the constitution of the central board under the Act 1974.
28)What do you mean by water pollution and sewage effluent?
29)What does trade effluent include?
30)Discuss the constitution of state pollution control board under this Act?
31)Can a joint board be constituted under the water Act?
32)What penalty is prescribed for the failure to comply with the direction given
U/S 20(2) or (3) of thewater Act 1974 within such time as may be specified in
the direction?
33)Can central government establish a central water laboratory?
34)What are the emergency measures taken in case of pollution of stream or
well?
35)Effect of aqua culture on environment and impact of toxic chemicals on
aquatic micro organismwithreference to mercury and plantonic green algae?
36)Water pollution and its effects on aquatic body? Problems and suggestions of
aquatic pollution?
37)What is the impact and effects of air pollution on growing crops?
38)What is Ecology?
39)What is environment Impact Assessment?
40)Give your suggestions for the control of pollution of rivers in India?
41)What are the solid waste management rules and their implementation by
hospitals and dispensaries?
42)Can Central Government appoint analysts for the purpose of analysis of
sample of water or of sewage or trade effluents?

Question Papers of GGSIPU of 2014 & 2015 are in the next page