Environmental Law report, Study Guides, Projects, Research of Law

Download Environmental Law report and more Study Guides, Projects, Research Law in PDF only on Docsity!

Constitutional Interpretation of Environment: The 42nd Amendment to the Constitution of india added Article 48A and 51A(g} which comes under the Directive Principle of State Policy and the Fundamental Duties respectively.The Supreme Court of India in “Sachidanand Pandey v. State of West Bengal AIR 1987 SC 1109” stated that the Court is bound to bear in mind the above said articles whenever a case related to Environmental problem is brought to the Court. The Article 48A states: “The State shall endeavor to protect and improve the environment and to safeguard the forest and wildlife of the country.” The Article SLA(g) imposes a duty upon every citizen of India to protect and improve the natural environment and confers right to come before the Court for appropriate relief. Damodar Rao v. 5.0. Municipal Corporation AIR 1987 AP 171 held that the environmental pollution and spoliation which is slowly poisoning and polluting the atmosphere should also be regarded as arnounting to violation of Article 21 of the indian Constitution. Charan Lal Sahu Case The Supreme Court in this case said, the right to life guaranteed by Article 21 of the Constitution includes the right to a wholesome environment. Public Liability and Public Nuisance: Gobind Singh v Shanti Swaroop: first case to determine the scope of Sec 133 of Cr. P.C “NLC, Mehta and Anr. Etc vs. Union of India and Ors. Etc 1986 SCR (1) 312” discusses the concept of Public Liability. This case is also known as Oleum Leakage Case. It is a landmark judgment in which the principle of Absolute Liability was laid down by the Supreme Court of India. The Court held that the permission for carrying out any hazardous industry very close to the human habitation could not be given and the industry was relocated. Live and Let Live was the concept held in Rami Baj Singh V Rajasthan