Environment Protection & Sustainability

The issue of environment protection and sustainable development has time and again been raised at not only national level, but also international platforms. The negative outcomes of economic development, industrialization and urbanization on the environment has pressed upon the need for adoption of durable development.

The Environment Protection Act, 1986 of India was the legislature’s attempt at an umbrella law enabling government to take measures necessary for protection and improvement of environment, and to prevent, control and abate environmental pollution. Some rules and notifications adopted under it include E-waste (Management) Rules, 2016 (amended in 2018), Bio-medical Waste Management Rules 2016, Plastic Waste Management Rules 2016, and Solid Waste Management Rules, 2016. Some other acts include Wildlife (Protection) Act 1972, Forest (Conservation) Act 1980, Biological Diversity Act, 2002 and National Green Tribunal Act, 2010.

The Courts, National Green Tribunal, think-tanks, NGOs as well as local citizen groups have actively raised environmental grievances and brought about much needed reforms. The National Green Tribunal which was established in 2010, is solely dedicated for effective and speedy disposal of cases pertaining to environment protection, conservation of forests and for seeking compensation for damages caused to people or property due to violation of environmental laws or conditions specified while granting permissions. The NGT through suo- moto action and various orders, imposed restrictions on practices causing damage to environment and also contributed to restoration of privileges of forest dwellers and those impacted by adverse environmental effect.

Below are some of the important cases where NGT passed orders to improve environment sustainability:

• Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda hydro Power Co. Ltd. & Ors, Original Application No.03 of 2014,

An OA was filed seeking directions to the Alaknanda Hydro Power Co. Ltd. to compensate for the damage done by it by dumping muck generated during construction of the Srinagar Hydro Electric Project. Due to the 2013 Uttarakhand floods, that caused mass destruction, when the gates of dam were opened after project’s reservoir got filled, the soil and muck got carried to the nearby villages resulting in loss of life and property to the villagers.

The NGT held that though the floods were an Act of God, the damaged caused to the people was due to the footprint of the respondent. The Tribunal relied on ‘polluter pays’ principle and directed respondent to pay compensation to the petitioners.

• Save Mon Region Federation and Ors. vs. Union of India and Ors.- decided on 14.03.2013,

An appeal was filed against the environment clearance given to a hydro project which was situated close to the site for a bird Black-necked Crane, schedule- I species under the Wildlife Protection Act, 1972.  The Tribunal proactively suspended the Environment clearance to the project and also sought a study by the Ministry of Environment and Forest on the said bird and other endangered species of that area.

• Kudrat Sandhu v. Government of NCT and Others- order dated 10.08.2017

The NGT imposed a ban on non-biodegradable plastic bags which are less than 50 microns, in the entire national capital. Due to the rampant use and dumping of plastic in the city, The bench also announced a penalty on anyone in possession of such banned plastic. The Delhi Government was also directed to seize the stock of plastic within one week from the order.

• Rajendra Kumar Goel versus Ministry of Environment & Forests & Ors. (O.A. No. 378/2016) Decided on 25.03.2019

The Tribunal was tasked to taking up remedial, preventive and punitive measures against M/s Ansal Buildwells Ltd and its sister concern M/s Aadharsila Towers Private Limited for flouting environmental norms in construction of a 199 acre project in sector 57, Gurgaon. A committee of representatives from Ministry of Environment, Forest and Climate Change (MoEF& CC), State of Haryana, Town and Country Planning Department, Haryana and Municipal Corporation, Gurgaon inspected the site and the report belied the stand of the project proponent that the project did not require requisite environmental clearance. The Tribunal directed the Haryana Pollution Control Board to take action including prosecution, recovery of damages and compliance of requirement of proper waste management, installation of rainwater harvesting system, ground water recharge system, stopping of illegally operating DJ sets and closing the illegally operating swimming pool in accordance with the applicable statutory scheme. Significantly, the Tribunal directed the real estate promoters to deposit a sum of Rs. 10 crores as interim compensation with the CPCB within one month and an interest of 12% for any delay in depositing the compensation.

The NGT has mentioned innumerable other high-profile judgments such as- making it illegal for vehicles over 15 years old from plying on roads of Delhi, and also banning solid waste and noise pollution in Sunderbans in order to protect wildlife.

Conclusion

In the present time, while the world is tackling the Covid- 19 pandemic, we all have often come across media snippets of how the environment is reviving and healing in many ways, due to minimal human intervention due to the imposition of lockdown. It has pressed upon the need for humans to believe in ecocentrism rather than in human centered approach of anthropocentrism since its the only way to sustainability in the coming times.