A.P. Pollution Control Board v M.V. Nayudu

 “In order to ensure that there is neither damage to the environment nor to the ecology and at the same time ensuring sustainable development it can refer scientific and technical aspects for investigating and opinion to statutory expert bodies having a combination of both judicial technical expertise in such matter”, this was held in –

a. A.P. Pollution Control Board v M.V. Nayudu è

b. Vellore Citizen’s Welfare Forum V Union of India

c. M.C. Mehta V Kamal Nath

d. Narmada Bachao Andolan v Union of India

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Judgement

The Court held that the authorities could not grant a NOC to set up industries within 10 K.M.

The Court directed the Government of Andhra Pradesh to identify other industries within 10 Km of the reservoirs and take appropriate action to prevent pollution to the drinking water in these two reservoirs.

The Court held that the Board shall not permit any polluting industry within 10 Km area and asked them to submit a report within four months with respect to the industries existing within 10 Km of reservoirs that potentially caused pollution.

The Court also observed that the principle of promissory estoppels did not apply to the present case.

The Court recommended the Law Commission of India to consider a review of the environmental laws existing in the country.

The Court also recommended the need for establishing environmental courts consisting of experts in environmental law and members of the Judiciary.

Analysis and Conclusion

The right to sustainable development is declared as an inalienable human right in the Declaration on the Right to Development, 1986 by the UN General Assembly.

The 1992 Rio Conference declared, “Human beings are at the centre of concerns for sustainable development.”  

Thus, access to drinking water is an essential element for life, and it is the duty of the state under Article 21 to provide clean drinking water to its citizens.

In Narmada Bachao Andolan vs Union of India, Kirpal J observed, “Water is the basic need for the survival of human beings and is part of the right of life and human rights as enshrined in Article 21 of the Constitution of India.”

The right to a healthy environment, along with the right to sustainable development, must be balanced.

As observed by the Supreme Court in this case, there is a need to set up environmental courts in order to ensure speedy disposal of environment litigations.

It is also necessary to take measures that will help reduce environmental degradation to create specific criteria for such hazardous industries.

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Church of God (Gospel) in India-Vs.-K.K.R. Majestic

“No religious practices should disturb peace of society” was held in the case of _____.

(a) Vellore Citizen Forum Case

(b) Ganga Pollution Case

(c) Church of God (Gospel) in India-Vs.-K.K.R. Majestic è

(d) Taj Trapezium Case.

Loudspeaker case 1999

This case is related to the noise pollution.

The appellant, a minority institution was in the practice of using musical instruments such as drum set, triple ganga, guitar etc. The respondent welfare Association filed a Criminal O.P before the High Court of Madras for a direction to the authorities [Superintendent of Police] to take action on the basis of the letter issued by the Joint Chief Environment Engineer of the TMPCB.

In High Court it was contended by the Church that the petition was filed with an oblique motive in order to prevent a religious minority institution from pursuing its religious activities and the Court cannot issue any directions to prevent the church from practicing its religious beliefs. The High Court balanced the act by giving directions to the religious minority institution to bring down the noise level by keeping the speakers at a lower level.

But the Court held that 'undisputedly no religion prescribed that prayers should be performed by disturbing the peace of other nor does it preach that they should be through voice-amplifiers or beating of drums.

In our view, in a civilized society in the name of religion, activities which disturb old, infirm persons, students or children having their sleep in the early hours or during day time or other persons carrying on other activities cannot be permitted..'.

The Court while adjudicating the appeal observed that in the present case, the contention with regard to the right under Art. 25 or Art. 26 of the Constitution which are subject to 'public order, morality and health' are not required to be dealt with in detail mainly because.. no religion prescribes or preaches that prayers are required to be performed through voice amplifiers or by beating of drums. In any case, if there is such practice, it should not adversely affect the rights of others including that of being not disturbed in their activities.

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SMOG

 Which of the following pollutants are responsible for the cause of SMOG?

A. Incinerators

B. emission from vehicles

C. Both A & B è

D. Ozone gas

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Smog is air pollution that reduces visibility.

The term "smog" was first used in the early 1900s to describe a mix of smoke and fog.

The smoke usually came from burning coal.

Smog was common in industrial areas, and remains a familiar sight in cities today.

Today, most of the smog we see is photochemical smog.

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Radiation pollution

Which among the following can cause radiation pollution?

A. Uranium è

B. Ozone

C. Sulphur

D. Methane

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World Charter on Nature

 The World Charter on Nature came in –

a. 1982 è

b. 1983

c. 1990

d. 1992

The World Charter for Nature was adopted by United Nations member nation-states on October 28, 1982. It proclaims five "principles of conservation by which all human conduct affecting nature is to be guided and judged." Nature shall be respected and its essential processes shall not be impaired.

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The National Environmental Tribunal Act

 The National Environmental Tribunal Act was passed in :

(a) 1992

(b) 1995 è

(c) 1990

(d) 1994

Explanation

In 1995, the Central Government established the National Environment Tribunal (through the National Environment Tribunal Act 1995) to provide for strict liability for damage arising out of accidents caused from the handling of hazardous substances.

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Kyoto Protocol 1997

Green House Conference is also known

(a) Kyoto Conference è

(b) Stockholm Conference

(c) The Montreal Protocol

(d) All of the above.

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Kyoto Protocol 1997 = The Kyoto Protocol was an international treaty which extended the 1992 United Nations Framework Convention on Climate Change that commits state parties to reduce greenhouse gas emissions, based on the scientific consensus that global warming is occurring and that human-made CO₂ emissions are driving it.

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United Nations Framework Convention on Climate Change was held in _____.

(a) 1993

(b) 1994

(c) 1997 è Kyoto Protocol

(d) 1992

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The Kyoto Protocol of 1997 is a part of the Convention on Climate Change adopted at -----------

A. China

B. USA

C. Italy

D. Japan è

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Kyoto Protocol was adopted in the year ______.

(a) 1996

(b) 1997 è

(c) 1998

(d) 1999

Explanation:

The Kyoto Protocol was adopted on 11 December 1997.

Owing to a complex ratification process, it entered into force on 16 February 2005.

Currently, there are 192 Parties to the Kyoto Protocol.

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Kyoto protocol is related to _____________ .

(a) Ozone depletion

(b) Global warming è

(c) Acid rain

(d) Climate change

Explanation:

The Kyoto Protocol is an international treaty adopted in 1997 that aimed to reduce the emission of gases that contribute to global warming. The protocol called for reducing the emissions of six greenhouse gases in 41 countries plus the European Union to 5.2 percent below 1990 levels.

As of June 2013, there are 192 parties to the Kyoto Protocol to the United Nations Framework Convention on Climate Change, which aims to combat global warming.

 This total includes 191 states (189 United Nations member states as well as the Cook Islands and Niue) and one supranational union (the European Union).

On December 11, 1997, delegates from more than 150 countries signed the Kyoto Protocol, an agreement to lower the amount of greenhouse gases released into the atmosphere.

Human activities release greenhouse gases into the atmosphere, which have been proven to cause climate change.

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39. The concept of ‘carbon credit’ originated from which one of the following?

(a) Kyoto Protocol

(b) Earth Summit

c) Montreal protocol

d) G-8 summit

Carbon Credit:

According to the Corporate Credit Institute, a carbon credit is a tradable permit or certificate that provides the holder of the credit the right to emit one ton of carbon dioxide or an equivalent of another greenhouse gas.

The concept of carbon credits emerged during the Kyoto Protocol discussions and is an integral part of today's environmental economics.

Carbon credits basically refer to certificates giving the beholder the right to emit 1 tonne of carbon dioxide or its equivalent.

Carbon credits are measurable, verifiable emission reductions from certified climate action projects. These projects reduce, remove or avoid greenhouse gas (GHG) emissions.

In theory, carbon offsets help balance your carbon footprint by funding environmental projects that reduce greenhouse gases in the atmosphere.

One carbon offset credit supposedly equals one metric ton of carbon dioxide, or a comparable amount of other greenhouse gases, removed from the air.

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Consider the following statements:

i) Kyoto Protocol came into force in year 2005.

(ii) Kyoto protocol primarily deals vis reducing overall green house missions

iii) Carbon dioxide is five times more effective as a greenhouse gas than methane.

Which of the above statements is/are correct

(a) (i), and (ii) è

(b) (ii) and (iii)

(c) (i) only

(d) (iii) only.

Methane is more than 25 times as potent as carbon dioxide at trapping heat in the atmosphere.

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