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76.Referring to the statement of objects and reasons of the National Green Tribunal Act, 2010 (for brevity “the NGT Act”), it is submitted that it was noted that the right to help the environment has been construed as a part of the right to life under Article 21 of the Constitution in the judicial pronouncement in India; the National Environment Tribunal Act, 1995, was enacted to provide for strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environmental Tribunal for effective and expeditious disposal of cases arising from such accident, with a view to give any compensation for damages to persons, property and the environment noting that the Tribunal had very limited mandate, was not established. Therefore, it was decided to establish the NGT. Thus, it is submitted that the right to healthy environment, Page http://www.judis.nic.in 113 of 815 W.P.Nos.5756, 5764, 5771, 5772, 5773, 5774, 5776, 5792, 5793, 5801 and 21547 of 2019 cast a duty on every person that he or they do not impair the healthy environment.

77.It is further submitted that Courts while exercising power under Article 226 of the Constitution, has also propounded the theory of Polluter Pays Principle; Precautionary Principle; and Principles of Sustainable Development and the above three principles have been incorporated in Section 20 of the NGT Act and the same will equally apply to proceedings under Article 226 of the Constitution. Thus, it is submitted that the burden is on the petitioner to show that they do not cause any pollution.