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1 - 10 of 13 (0.96 seconds)Vellore Citizens Welfare Forum vs Union Of India & Ors on 28 August, 1996
and Ors. [(1996) 5
SCC 718] where, after referring to the principles
noticed in Vellore Citizens' Welfare Forum's
Case, the same have been explained in more
detail with a view to enable the Courts and the
Tribunals or environmental authorities to properly
apply the said principles in the matters which
come before them. In this decision, it has also
been observed that the principle of good
governance is an accepted principle of
international and domestic laws. It comprises of
the rule of law, effective State institutions,
transparency and accountability and public
affairs, respect for human rights and the
meaningful participation of citizens in the political
process of their countries and in the decisions
affecting their lives. Reference has also been
made to Article 7 of the draft approved by the
working group of the International Law
Commission in 1996 on "Prevention of Trans-
boundary Damage from Hazardous Activities" to
include the need for the State to take necessary
"legislative, administrative and other actions" to
implement the duty of prevention of
environmental harm. Environmental concerns
have been placed at same pedestal as human
rights concerns, both being traced to Article 21 of
the Constitution of India. It is the duty of this
Court to render justice by taking all aspects into
consideration. It has also been observed that
with a view to ensure that there is neither danger
to the environment nor to the ecology and, at the
same time, ensuring sustainable development,
the Court can refer scientific and technical
aspects for an investigation and opinion to expert
bodies.
The Environment (Protection) Act, 1986
A.P. Pollution Control Board vs Prof.M.V.Nayudu (Retd.) & Others on 27 January, 1999
Reference may also be made to the decision in
the case of A.P. Pollution Control Board Vs.
Prof. M.V. Nayudu (Retd.)
People'S Union For Civil Liberties vs Union Of India And Anr on 5 February, 1997
The provisions of a covenant which
elucidate and go to effectuate the fundamental
rights guaranteed by our Constitution, can be
relied upon by Courts as facets of those
fundamental rights and hence enforceable as
such {see People's Union for Civil Liberties Vs.
Union of India & Anr. [(1997) 3 SCC 433]}. The
Basel Convention, it cannot be doubted,
effectuates the fundamental rights guaranteed
under Article 21. The rights to information and
community participation for protection of
environment and human health is also a right
which flows from Article 21. The Government and
authorities have, thus to motivate the public
participation. These well-shrined principles have
been kept in view by us while examining and
determining various aspect and facets of the
problems in issue and the permissible remedies."
Deepak Nitrite Ltd vs State Of Gujarat & Ors on 5 May, 2004
The observations in Deepak Nitrite Ltd. v. State of Gujarat and
Others [(2004) 6 SCC 402] that 'mere violation of the law in not observing
the norms would result in degradation of environment would not be correct'
is evidently confined to the facts of that case. In the said case the fact that
the industrial units had not conformed with the standards prescribed by the
pollution control board was not in dispute but there was no finding that the
said circumstance had caused damage to environment. The decision also
cannot be said to have laid down a proposition that in absence of actual
degradation of environment by the offending activities, the payment for
repair on application of the polluter pays principle cannot be ordered. The
said case is not relevant for considering the cases like the present one
where offending activities has the potential of degrading the environment.
In any case, in the present case, the point simply is about the payments to
be made for the expenditure to be incurred for the destruction of imported
hazardous waste and amount spent for conducting tests for determining
whether it is such a waste or not. The law prescribes that on the detection
of PCBs in the furnace or lubricating oil, the same would come within the
definition of hazardous waste. Apart from polluter pays principle, support
can also be had from principle 16 of the Rio Declaration, which provides
that national authorities should endeavour to promote the internalisation of
environmental costs and the use of economic instruments, taking into
account the approach that the polluter should, in principle, bear the cost of
pollution, with due regard to the public interests and without distorting
international trade and investment.