Format No. QSP/7.1/01.

F01 (C)
IssueNo.04 Rev. No 4 Dated: June 7, 2014

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

College of Legal Studies
Dehradun

COURSE PLAN
Programme
: B.B.A., LL.B. (Hons.) Corporate Laws/B.A.LL.B. (Hons.) Energy Law
Subject/Course: Environment Law
Semester
: SEMESTER VII
Session
: July to Dec. 2016
Batch
: 2013-2018
Subject Code : LLBL 431
No. of credits : 3
Prepared by : Dr. Azim B. Pathan
Email
: abpathan@ddn.upes.ac.in
Approved By

_______________________
HOD

_______________________
Dean

UPES Campus
Energy Acres
P.O. Bidholi, Via Prem Nagar
Dehradun -248 007 (U K)

Tel : +91-135-2770137
Fax : +91 135- 27760904
Website : www.upes.ac.in

COURSE PLAN
Subject:

Environment Law

Duration: July 2016 December-2016

Course:
Subject code: LLBL 431

B.B.A.LL.B./B.A.LL.B.

A. Outcome of the Course:

At present environmental pollution and degradation of biodiversity has become one of the biggest hazards not
only to human existence but also to the existence of all the gifts that nature has bestowed on mankind. Unless
immediate and urgent steps are taken to control environmental pollution, a bleak and terrible future awaits the
humanity. This fact has accelerated the emergence of different legal and governmental measures at national and
international level for prevention of environmental pollution.
Today rapid industrial growth is leading towards irreversible environmental degradation such as water pollution,
air pollution, climate change and global warming. Moreover tremendous growth in population and urbanization
have created the problems such as deforestation, huge generation of solid wastes, loss of biodiversity and
degradation of land etc. In such circumstances, the role of society, the role of individuals and government has
become more important to curb the situation of environmental degradation. In such background it is indeed
necessary for law students to understand the legislative measures for prevention of pollution and protection of
environment.
This course is designed to facilitate the following outcomes:
a) Awareness of Indian approaches to the problem of environmental pollution in the context of law as a
means of prevention of environmental pollution and for protection of environment.
b) A spirit of inquiry to explore the international obligations of the country for protection of
environment.
c) To make the students aware about the legislative measures for protection of environment and spirit of
Indian Constitution for protection of environment. It also provides the opportunities to the students to
understand the activist role played by Indian Judiciary in protection of environment and evolution of
different principles such as polluter pay principle, precautionary principle, inter-generational equity
and sustainable development.
At the end of this course the students would be familiar with the overall environmental legal regime of the
country as well as its international obligations. The case studies as well as the sections on practical relevance of
Environmental Law would equip the students with basic knowledge and skills to understand Environmental Law
issues.

B. COURSE OUTLINE
It has 7 modules which are as follows:
Module I:Introduction: Conceptual Background-Meaning and Definitions
Environment, pollution, ecology, ecosystem, biosphere, biomes, ozone depletion, global warming, Climate
change, Climate Migration
Module II: Traditional Understanding and Development of Environment Law in India
Environment Policy in Medieval India
Environment Policy in British India
Environment Policy in Independent India
Module III:Major Developments in International Environmental Regime
Stockholm declaration on Human Environment, 1972
World Charter for Nature 1982
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Brundtland Report, 1987

Rio Conference, 1992
The Role of UNEP for the protection of environment,
Agenda 21: Blue Print for 21st Century
Biodiversity Convention 1992
Module IV: Basic Principles under Environmental Law
Sustainable development
Precautionary principle
Polluter pays principle
Public trust doctrine
Inter-generational equity
Citizen suit provision
Module V: Legislative Framework for Environment in India
Environment Protection in Commons law nuisance, negligence, strict liability, absolute liability
Statutory Framework
Environment and the Constitution of India
(To Refer IPC, Cr.PC, CPC, Specific Relief Act, Constitution Art. 32 and 226, Public Liability Insurance Act,
1991, Water (prevention and control of water pollution) Act, 1974, Air (Prevention and Control of Pollution) Act,
1981, Wildlife protection Act 1972, Forest (Conservation) Act, 1980, amended in 1988 and Environment
(Protection) Act, 1986)
Module VI: Preservation and Conservation of Wildlife and Forest
Wildlife protection Act 1972
The Wildlife (Protection) Amendment Act, 2006
Indian Forest Act, 1927
Forest (Conservation) Act, 1980 amended 1988
Module VII: Establishment of Green Courts
Early Supreme Court cases
National Environment Tribunal Act, 1995
National Green Tribunal Act, 2010 and Appraisal
C. PEDAGOGY
Interactive approach during the course of learning (Students are supposed to come prepared for the topics for
discussion in the class/ case studies/ Presentations/ Viva-voce). The main tools of teaching may be summarized
as under:

Lectures (PPTs)with Question and Answer Sessions

Case Law Analysis
Assignments
Simulation Exercises- CREs

D. COURSE COMPLETION PLAN

Sessions: 3 (lectures of 1 hour each)
Total hours per week: 3 hours per week.
Total number of sessions: 36
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E. EVALUATION & GRADING

Description
1.

Weight age

Internal Examination

Schedule

30%

Detailed Below

2. Mid-term Exam

20%

Academic Calendar

3.

50%

Academic Calendar

End term Exam

Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description

Weight age

Schedule

1. Continuous Assessment

30%

Detailed Below

Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the following 5 components:
a.
Two class tests/snap-test/quiz
20 Marks [02 X10 Marks]
b.
Assignment-1
20 Marks
c.
Project work
20 Marks (Abstract, Synopsis, final draft and
presentation)
Or
Court Room Exercise
20 Marks (Memorial + Presentation)
Or
Case Comment
20 Marks (Case Brief + Presentation)
d.
Subject grand viva
20 Marks
e.
Attendance
20 Marks

Five components will be used for internal assessment for this course (Total 100 marks), the details of each
component are as follows:
a) Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand written, to
submit/present on a definite date fixed for the same. It will have 20% weightage for internals. Individual
Viva-voce will be conducted on the assignment.
b) Projects/Presentations /Case Analysis
a. Every student will be given individual topic, Land mark current and old Cases covering the syllabus.
b. Students are supposed to go through primary/secondary data to submit Abstract, Synopsis and Final
draft of the project.
c. Final draft of the project should be submitted in minimum 10 pages.
d. Students are also required to give their presentation by the due date unless an extension has been
granted. Extensions must be requested by email prior to the due date.
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e. The duration of a group presentation will be 10 minutes; followed by 5-10 minutes discussion/query
session
f. It will have 20% weightage for internals.
c) Snap tests
a) There will be two snap tests during the course of semester.
b) One snap test will be conducted before mid-semester and the second one will be conducted before
end-semester.
c) The components of the snap test would include multiple choice questions/short answer type
questions/problem based questions.
d) Prior information will be given regarding the snap test.
e) It will have 20% weightage for internals.
d) Grand Viva voce
a) Viva-voce would be conducted for each student for five minutes for evaluating his/her subject
knowledge and practical learning in the class.
b) It will have 20% weightage for internals.
e) Attendance
a) It will have 20% weightage for internals.
b) Formula for attendance marks
67-75 %
75-80%
80-85%
85-90%
90%-100%

0 Marks
5 Marks
10 Marks
15 Marks
20 Marks

Mid- Semester Examination: 20% Weightage

Mid Semester examination shall be of two hours duration and shall be a combination of objective type
questions/short answer questions/ memory based general questions, conceptual questions, analytical questions
and application based/problem based questions.
End -Semester Examination: 50% Weightage
End-Semester examination shall be of three hours duration. End-Term examination shall be of three hours
duration and shall be a combination of objective type questions/short answer type questions/ memory based
general questions, conceptual questions, analytical questions and application based/problem based questions.

Passing Criterion: minimum 40% of the highest marks in the class

Student has to secure minimum 40% marks of the highest marks in the class scored by a student
in that subject (in that class/group class) individually in both the End-Semester examination
and Total Marks in order to pass in that paper.
Attendance
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Students are required to have minimum attendance of 75% in each subject. Students with less than said
percentage shall NOT be allowed to appear in the end semester examination. The student obtaining 100%
attendance would be given 5% bonus marks for internal assessment.
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic communication
devices (such as Blackberries/Laptops) are not permitted in classes during Tests or the Mid/Final
Examination. Such devices MUST be turned off in the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to access the LMS
system regularly. Regularly, important information Date of conducting class tests, guest lectures, syndicate
sessions etc. to the class will be transmitted via e-mail/LMS. The best way to arrange meetings with us or ask
specific questions is by email and prior appointment. All the assignments preferably should be uploaded on
LMS. Various research papers/reference material will be mailed/uploaded on LMS time to time.
F. DETAILED SESSION PLAN

SESSIO
N

TOPIC

READINGS

PEDAGOGY

MODULE I:Introduction:
Conceptual Background
-Meaning and Definitions

1-2

Environment, pollution,
ecology, ecosystem,
biosphere, biomes, ozone
depletion, global
warming, Climate
change, Climate
Migration

College of Legal Studies

Shyam Divan & Armin

Rosencranz Environtal
Law and Policy in India Pg.
4

Chalk & Talk

Examples
Discussion
PPT
Presentation
Random
questions

July-December 2016

MODULE II:
Traditional Understanding and
Shyam Divan & Armin
Development of Environment
Rosencranz Environtal
Law in India
Law and Policy in IndiaPg.
Environment Policy in 23-37
Medieval India

4-6

Shyam Divan & Armin

Environment Policy in Rosencranz Environtal
British India
Law and Policy in IndiaPg.
Environment Policy in
23-37
Independent India

College of Legal Studies

Chalk & Talk

Examples
Discussion
PPT
Presentation
Random
questions

Chalk & Talk

Examples
Discussion
PPT
Presentation
Random
questions

July-December 2016

MODULE III:
7-12

Major Developments in
International Environmental
Regime

13-16

Stockholm declaration on
Human Environment,
1972
World Charter for Nature
1982
Brundtland Report
Rio Conference, 1992
The Role of UNEP for
the protection of
environment,
Agenda 21: Blue Print
for 21st Century
Biodiversity Convention
1992

Philippe Sands, Principles

of
International
Environmental Law, (2nd
Edn.),
Cambridge
University Press, New
York, 2007 {Chapters 2, 6}.

MODULE IV:
Basic Principles under
Environmental Law

Sustainable development
Precautionary principle
Polluter pays principle
Public trust doctrine
Inter-generational equity
Citizen suit provision

S.C.
Shastri,
Environmental Law, (2nd
Edn.),
Eastern
Book
Company, Lucknow, 2005
{Chapter 4}.

Chalk & Talk

Examples
Discussion
PPT
Presentation
Random
questions

Chalk & Talk

Examples
Discussion
PPT
Presentation
Random
questions

Shyam Divan and Armin

Rosencranz
,
Environmental Law and
Policy in India, Oxford
University Press, New
Delhi, 2005 {Chapters 3-A,
3-B}.
P.
Leelakrishnan,
Environmental Law in
India, (2nd Edn.), Lexis
Nexis, New Delhi, 2005
{Chapter 10}.
S.
Shantakumar,
Introduction
to
Environmental Law, (2nd
Edn.),
Wadhwa
&

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Company, Nagpur, 2005

{Chapter 8}.

MODULE V:
Legislative Framework for
Environment in India

17-19

Shyam Divan & Armin

Rosencranz Environtal
Law and Policy in IndiaPg.
40-54, 66-82, 87-165

Environment Protection Case Laws:

in
Commons
law Rylands v. Fletcher,1868
nuisance,
negligence,
IR3HL330
strict liability, absolute
liability
M.C. Mehta v. Shri Ram
Foods and Fertilizer
Industries, AIR 1987 SC
965

Chalk & Talk

Examples
Discussion
PPT
Presentation
Random
questions

Union Carbide Corporation

v. Union of India,AIR1990
SC273

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Shyam Divan & Armin

Rosencranz Environtal
Law and Policy in India
Pg.167-279, 547-560
Case Laws:

20-25

26-31

Statutory Framework
Environment and the
Constitution of India

(To Refer IPC, CrPC, CPC,

Specific Relief Act, Art. 32 and
226, Public Liability Insurance
Act, 1991, Water (Prevention
and Control of Water Pollution)
Act, 1974, Air (Prevention and
Control of Pollution) Act, 1981,
Environment (Protection) Act,
1986)

MODULE VI:
Preservation and

College of Legal Studies

Municipal Council,
Ratlam
v.
Vardhichand, AIR
1980 SC 1622

Murli S. Deora v.
Union of India, AIR
2002 SC 40

Narmada
Bachao
Andolan v Union of
India (2000) 10
S.C.C. 664

M.C. Mehta v.
Union of India,
(1987) 4 SCC 463

M.C. Mehta v.
Union of India,
(2002) 4 SCC 378

M.C. Mehta v.
Union of India, AIR
1988 SC 1037

M.C. Mehta v.
Union of India, AIR
1996 SC 851

Mumbai Kamghar
Sabha v. Abdul
Bhai, AIR 1976 SC
1465

Chalk & Talk

Examples
Discussion
PPT
Presentation
Random
questions

Chalk & Talk

Examples

July-December 2016

Conservation of Wildlife and

Forest

32-36

Wildlife protection Act

1972,
The Wildlife (Protection)
Amendment Act, 2006,
Indian Forest Act 1927,
Forest (Conservation)
Act, 1980, amended 1988

Shyam Divan & Armin

Rosencranz Environtal
Law and Policy in IndiaPg.
328-362, 288-316
P. Leelakrishnan
Environmental Law in
IndiaPg. 39-81
Case Laws:
T.N.Godavaram
Thirumpadv. Union of
India
and
others,AIR2000SC1636
Tarun Bharat Sangh,Alwar
v. Union of India and
Others,AIR 1992 SC514

MODULE VII:
Establishment of Green Courts

Early Supreme Court

cases
National Environment
Tribunal Act, 1995
National Green Tribunal
Act, 2010 and Appraisal

College of Legal Studies

Shyam Divan & Armin

Rosencranz Environtal
Law and Policy in IndiaPg.
85-86
P.LeelakrishnanEnvironmental Law
IndiaPg. 276-283
Case Laws:

in

M.C
Mehta
v
Kamalnath,
AIR
2000SC1997

M.C. Mehta v.
Union of India AIR
1987 SC 1087

M.C. Mehta v.
Union of India, AIR
1997 SC 734

M.C. Mehta v.
Union of India, AIR
1998 SC 2663

M.C.

Mehta

Discussion
PPT
Presentation
Random
questions

Chalk & Talk

Examples
Discussion
PPT
Presentation
Random
questions

v.

July-December 2016

Union of India, AIR

1999 SC 3192

M.C. Mehta v.
Union of India, AIR
2001 SC 1948

G. SUGGESTED READINGS:
G: 1 TEXT BOOKS:
S.C. Shastri, Environmental Law, (2nd Edn.), Eastern Book Company, Lucknow, 2005.
I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency, Allahabad, 2002.
Amod S. Tilak, Environmental Law, (1st Edn.),Snow White Publication, Mumbai.
Shyam Divan and Armin Rosencranz , Environmental Law and Policy in India, Oxford University
Press, New Delhi, 2005.
Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia Law House, Hyderabad,
2008.
P Leelakrishnan, Environmental Law in India, (2nd Edn.), Lexis Nexis, New Delhi, 2005.
S. Shantakumar, Introduction to Environmental Law, (2nd Edn.), Wadhwa & Company, Nagpur,
2005.
G: 2 REFERENCE BOOKS

Philippe Sands, Principles of International Environmental Law: Frameworks, Standards and

Implementation.(2nd ed., 2003) Cambridge University Press.
Stuart Bell & Donald Me Gillivray, Environmental Law The Law and Policy Relating to the
Protection of the Environment (6th ed., 2006) Oxford University Press.
Daniel Budansky, The Art and Craft of International Environmental Law, (1st ed., 2010) Harvard
University Press.
Thrity D. Patel & Azim B. Pathan, Protection and Conservation of Biodiversity, (2013), CEHRRA,
Nagpur.

G: 3 RESEARCH PAPERS/ ARTICLES

Arvind Hasrofia, Environemtal Protection and Sustainable Development: Exploring the
Dynamics of Ethics and Law, 49 JILI 30 (2007)
B.C. Nirmal, Overview of the Biosafety Protocol, 46 JILI 373 (2003)
Carol Harlow, Public Law and Popular Justice, 65 Modern Law Review 1 (2002)
Daniel C. Esty, Bridging the Trade-Environment Divide, Journal of Economic Perspectives, Vol,
15, No. 3, pp. 113-130
Dinah Shelton, The Links between International Human Rights Guarantees and Environmental
Protection, University of Chicogo, Center for International Studies, (2004)
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July-December 2016

 Elisa Morgera, An Update on the Aarhus Convention and its Continued Global Relevance, 14
Review of European Community & International Environmental Law 138 (2005)
Elisa Morgera, From Stockholm to Johannesburg: From Corporate Responsibility to Corporate
Accountability for the Global Protection of the Environment? 13 Review of European Community
& International Environmental Law 214 (2004)
Elizabeth Fisher, Is the Precautionary Principle Sustainable?, 13 Journal of Environmental Law
315 (2001)
Gurdip Singh, Human Rights to Sustainable Development: An Indian Perspective, 3 (2)
Soochow Law Journal 53-89 (2006)
Gurdip Singh, The Role of Equity in Sustainable Development: A Conceptual Enquiry, X-XI
NCLJ 17 (2005-2006)
James Cameron, The Precautionary Principle, in Gary P. Sampson, W. Bradnee Chambers (ed.),
Trade, Environment and the Millennium, United Nations University Press (2002)
Javaid Talib, Constitutionalising the Problem of Environment, 47 JILI 522 (2005).
Jutta Brunnee, Of Sense and Sensibility: Reflections on International Liability Regimes as Tools
for Environmental Protection, 53 International Comparative Law Quarterly 351 (2004)
Lavanya Rajamani, From Stockholm to Johannesburg: The Anatomy of Dissonance in the
International Environmental Dialogue, 12 Review of European Community &International
Environmental Law 23 (2003)
M Lee and C. Abbot, The Usual Suspects? Public Participation Under the Aarhus Convention,
66 Modern Law Review 80 (2003)
Mark Geistfeld, Implementing the Precautionary Principle, 31 Environmental Law Reporter
11326 (2001).
Mike Fentuck, Precautionary Maybe, but Whats the Principle? The Precautionary Principle, The
Regulation of Risk, and the Public Domain Journal of Law and Society 371 (2005).
Nils Meyer-Ohlendorf, Would a United Nations Environment Organization Help to Achieve the
Millennium Development Goals? 15 Review of European Community & International
Environmental Law 23 (2006).
Richard J. Ferris Jr., et al. International Environmental Law, 38 International Lawyer 477-492
(2004).
Sanford E. Gaines, International Trade, Environmental Projection and development as a
Sustainable development Triangle 11 Review of European Community & International
Environmental Law 259 (2002).
Philippe Roche and Franz Xaver Perrez, International Environmental Governance: The Strive
towards a Comprehensive, Coherent, Effective and Efficient International Environmental Regime,
16 Colorado Journal of International Environmental Law and Policy, 1 (2005).
David A Wirth, The Rio Declaration on Environment and Development: Two Steps Forward and
One Back, or Vice Versa, 29 Georgia Law Review, 599 (1994-1995).
G: 4 Journals/Magazines
AIR
Economic and Political Weekly
Journal of India Law Institute
Supreme Court Cases
The Practical Lawyer
G: 5 Web Sources
AIR Database
JSTOR
SCC Online
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Westlaw Database

H. Instructions
a) Students are expected to read the concerned sessions contents in advance before coming to the class.
b) The session will be made interactive through active participation from students. The entire session will be
conducted through question-answer, reflections, discussion, current practices, examples, problem solving
activities and presentations etc.
c) In the case study session all students are expected to prepare their analysis and answers/decisions in their
respective groups. Any group may be asked to present their views and defend the same.
d) All schedules/announcements must be strictly adhered to.
e) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared to appear
for the viva and strictly appear on given time, otherwise, he/she will lose the marks.
f) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.

Annexure-I

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UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES
B.B.A., LL.B. (Hons.)
SEMESTER
ACADEMIC YEAR: 2016-17 SESSIONS: JULY-DECEMBER
ASSIGNMENT NUMBER
FOR
Environment Law
(..)
Under the Supervision of: Dr. Azim B. Pathan
(TO BE FILLED BY THE STUDENT)
NAME:

__________

SAP NO:

_____________________

ROLL NO

--------------------------

Section A (10 Marks)

(Attempt all questions. Each questions carry equal marks)
General Question- subject matter
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Write short notes on any four of the following:

Q. No.1 Polluter Pays Principle
Q. No.2 Noise Pollution
Q. No.3 Doctrine of Trust
Q. No.4 Global Warming
Q.No.5 Biodiversity
Section B (20 marks)- Conceptual Question
(Attempt all questions. Each questions carry equal marks)
Q. No.6 Explain Environment Pollution. What are the factors responsible for causing environment
pollution?
Q.No.7 Define Environment. What is the relation between population and environment? Also explain the
effects of land pollution on human beings.
Q.No.8 State the constitution of the central board for the prevention of pollution under the Water
(Prevention and Control of Pollution) Act, 1974. Also discuss the procedure and powers of State
Government to take sample of effluents under the Act.
Q.No.9 Discuss the powers conferred upon the State Board under sections 32, 33,33A of Water
(Prevention and Control of Pollution) Act, 1974. What penalty can be imposed for failure to comply with
the directions issued under the Act?
Section C (20 marks)- Analytical question
(Attempt all questions. Each questions carry equal marks)
Q. No.10What is noise pollution? Discuss the legislative and non-legislative measures to control noise
pollution.
Q.No.11What are the causes and effects of noise pollution? What are the legal remedies available to a
person against noise pollution caused by his neighbour?
Q.No.12 Discuss the scope of Article 32 of the Indian Constitution in matters of environmental pollution
referring case laws.
Q.No.13Discuss the remedies available under the criminal law to deal with the nuisance of environmental
pollution.

Section D (50 marks)

(Attempt all questions. All questions carry equal marks)
- Application Based Question
Read the case Case / problem and answer the following questions:
Case Study/ Case Details/ Problem Details
Questions: Based on the Case Study/Case Details/Problem Details
Problem No. 1
In the state of Madhya Pradesh the State Pollution Control Board notified emission standards
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relating to air pollution to control the sharply worsening scenario of air pollution. The step
was an earnest attempt to check air pollution but the problem that arose was that it clashed
with the emission standards relating to air pollution already laid down by the Central
Government.
Q. No. 14 Based on the facts as laid down in the above problem what would happen. Choose from the options
given below. Support your answer with reasons.
(a) The more stringent standards would prevail.
(b) The less stringent standards would prevail.
(c) The standards notified by the Central Government would prevail.
(d) The standards prescribed by the State Pollution Control Board would prevail.
(e) No such conflict is possible.

Problem No. 2
A is a resident of Jaipur in the state of Rajasthan. One fine day he decides to purchase and
then operate industrial machinery without obtaining consent under the Air Act.
Q.No.15 What consequences (if any) could befall upon A?

Problem No. 3
Certain species of snakes are scheduled under the Wildlife Protection Act 1972. A is found
selling snakeskin handbags but does not have a licence for the same.

Q. No.16 Which of the following statements is the most accurate application of the principle set out below
Principle: S.49 of the Wildlife Protection Act, 1972 (the Wildlife Protection Act) imposes a prohibition on
trade or commerce in certain scheduled species or derivatives.
(a) A is in violation of the Wildlife Protection Act because A does not a license for dealing in snakeskin articles.
(b) A is in violation of the Wildlife Protection Act because there is an absolute prohibition in snakeskin trade, and
there would be no question of a license for the same.
(c) A is not in violation of the Wildlife Protection Act because the Wildlife Protection Act does not apply to
snakes.
(d) A would only be in violation the Wildlife Protection Act if the snakes used for the handbags were among the
specific species of snakes protected by the Wildlife Protection Act.
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(e) A would only be in violation the Wildlife Protection Act if A had personally killed the snakes used for the
handbags.

Problem No. 4
A is an amateur chemistry enthusiast and stores large quantities of potentially dangerous
chemicals in his house to support his hobby. Despite knowing this, B, an animal lover, moves
into an adjacent house along with pet cats. One day, despite all possible precautions having
been taken by A, the chemicals seep into B shouse, resulting in the death of some of Bs cats.

Q. no.17 Which, among the following, would be the most accurate application of the principle below to these
facts?
Principle: The rule in Rylands v. Fletcher, L.R 1 Ex. 265, holds a person strictly liable when she brings or
accumulates on her land something likely to cause harm if it escapes, and for damage that arises as a natural
consequence of its escape.
(a) A would be strictly liable to pay damages to B, as A had accumulated potentially dangerous chemicals on his
property.
(b) B has no remedy since B was aware of As hobby before moving in next door.
(c) B has no remedy since the seepage occurred despite all possible precautions having been taken by A.
(d) B has no remedy since the chemicals are harmless to humans, but onlypoisonous to cats.
(e) B is guilty of participatory negligence, having allowed the pets to roam about the house unsupervised.

INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
1. All the questions of the assignment must be handwritten.
2. To answer your assignment questions you need to access multiple information sources like
a. Your own prior experience.
b. Regular reading of Books, Law Journals, magazines and News papers
c. Reference Books
d. Browsing the internet for latest updates.
3. Please remember that due to the dynamic and rapidly changing global legal environment and the
continuously realigning geopolitical situation, your answers should capture and depict the current
contemporary information.
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4. As a student of Law, we encourage to have a contrary point of view. But do ensure that you can provide a
logical justification to this view supported by verifiable facts, figures, statues and decided cases by
various higher courts.
5. Caution: Remember to provide original answers only as your Assignment submissions will be run
through an anti-plagiarism software (Turnitin).

List of Project Topic

1. Critical Appraisal of Air Prevention and Control of Pollution Act, 1981
2. Farmers Right to Livelihood and Impact of Climate Change: An Analysis with Reference to Human
Rights
3. National Green Tribunal in India: Practice and Procedure
4. Precautionary Principle and Polluter Pays Principle: An Analytical Study with Reference to Recent
Pronouncements of National Green Tribunal
5. Sustainable Development and Mining: Comparative Analysis with Reference to India and Canada
6. A Critical Examination of the Environmental Jurisprudence of the Courts of India
7. A.P. Pollution Control Board v. M.V. Naidu, AIR 1999 SC 812
8. Addressing Judicial Activism in the Indian Supreme Court: Towards an Evolved Debate
9. Akhil Bharat Go-seva Sangh v. State of Andhra Pradesh, (2006) 4 SCC 162
10. Bandhua Mukti Morcha v. Union of India AIR 1984 SC 803
11. Bombay Dyeing Mfg. Co. Ltd. v. Bombay Environmental Action Group, (2006) 3 SCC
12. Concept of Environmental Impact Assessment and idea of sustainable development.
13. Concept of Locus Standi in Public Law
14. Critical Analysis of Biological diversity Act,2002
15. Development and Environment
16. Development and Rehabilitation
17. Development and Right to Livelihood
18. Doctrine of Public Trust
19. Eco-Terrorism
20. Effectiveness of Environmental Public Interest Litigation in India: Determining the Key Variables
21. Enforcement of the Right to Environment Protection Through Public Interest Litigation in India
22. Environment Impact Assessment and Sustainable Development
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23. Environment Problems Penal Action Required

24. Environment Protection and Civil Remedies
25. Environment Protection and Constitutional Remedies
26. Environment Protection and Statutory remedies
27. Environment Protection and Sustainable Development
28. Environmental Disasters and its Social and Economic Effects
29. Environmental Consumerism
30. Environmental Impacts of Globalization and Trade
31. Environmental Jurisprudence in India
32. Environmental Justice Through Judicial Process: From Ratlam to RLEK
33. Environmental Justice: Experience Vs. Expectations
34. Flaws in the Environment Protection Act,1986
35. Genetic Engineering
36. Global Warming and Climate Change
37. Green Laws for Better Health: The Past that Was and the Future that May Be Reflections from the
Indian Experience
38. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
39. Interface between Biodiversity and Intellectual Property Rights
40. Intergenerational Equity
41. International law and global environmental responsibility
42. Judicial Activism and Constitutional Democracy in India
43. Judicial Activism and the Role of Green Benches in India
44. Judicial Activism in Curbing the Problem of Public Nuisance on Environment
45. Judicial activism in India: transgressing borders and enforcing limits
46. Judicial Activism in the Development and Enforcement of Environmental Law: Some Comparative
Insights from the Indian Experience
47. Judicial Activism in the Indian Supreme Court: The Discourse
48. Judicial Activism: Adding To The Dynamicity Of The Society
49. Legal Aspects of Environmental Protection
50. Legislative and Non-Legislative measures to control Noise Pollution
51. Municipal Council, Ratlam v. Vardhichand, AIR 1980 SC 1622
52. Murli S. Deora v. Union of India, AIR 2002 SC 40
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53. Narmada Bachao Andolan v Union of India (2000) 10 S.C.C. 664

54. Natural Resources, Development Models and Sustainable Development
55. Nuclear Issues
56. Over Population
57. Overview of Stockholm Conference on Human Environment
58. Ozone Depletion
59. Peoples Union for Democratic Rights v. Union of India AIR 1983 SC 339
60. Polluter Pays Principle
61. Potential Remedies in Environmental Cases
62. Precautionary Principle
63. Protection of Environment and Corporate Social Responsibility
64. Public Interest Environmental Litigation in India: Exploring Issues of Access, Participation, Equity,
Effectiveness and Sustainability
65. Public Interest Litigation and Human Rights Implementation: The Indian and American Experience
66. Right to Development
67. Right to Live in a Health Environment
68. Role of Judiciary and protection of Environment
69. Role of State and Protection of Environment
70. Rural Litigation and Entitlement Kendra v. State of U.P., (1985) 2 SCC 431
71. S. Jagannath v. Union of India, AIR 1997 SC 811
72. Subhash Kumar v. State of Bihar, AIR 1991 SC 420
73. Sustainable Development
74. Taking suffering seriously: Social action litigation in the supreme court of India
75. The Bhopal Case and the Development of Environmental Law in India
76. The Realistic School and Judicial Activism in India
77. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2721
78. Wild Life Conservation
79. Writs and Protection of Environment Expanded standing and the emergence of public interest litigation
with special reference to environmental jurisprudence in India.
80. Access and Benefit Sharing in International Environmental Regime
81. Montreal Protocol on Ozone Depleting Substances A Critical Analysis
82. Relationship between trade and environment
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83. Eco-feminism
84. Waste Disposal An Environmental Menace
85. Impact of Environmental Degradation on the Public Health
86. Noise Pollution as a violation of the Right to Freedom of Speech and Expression
Annexure-II
GUIDELINES FOR PROJECT WORK
The project will be completed as follows:
1. Abstract: One page in around 300 words
It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words
2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterisation
3. Submission of Final Project report after approval of synopsis.
a. Excluding the Cover page, index page and bibliography the main write up should be around 20 pages.
Single Space, Times New Roman, Font Size 11. Printed both sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor name, Student
details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue Book 19 th
Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters, conclusion,
recommendation, foot notes and required bibliography.
4. The project work shall
a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the students capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned
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5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the portion of the
/project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration with others.
6. A certificate to the effect that the project work carried out by the student independently or in collaboration
with other student(s) endorsed by the student shall form the part of the submission for evaluation.
7. Every student who spends a specified period of time in an industry/organization/institute for reasons of
work related to his/her project work, with prior permission from the Coordinator concerned will explicitly
acknowledge working in the relevant industry/organization/institute.
8. All projects submitted by the students will go through the process of plagiarism check through the antiplagiarism software (Ternitin). The report produced by the software will necessarily be as per the
standards prescribed by the university. If the report is below standards the supervisor will reject the
project and award zero marks.

Important date:
Submission of abstract and synopsis - 22nd August 2016
Submission of project 12 October 2016
Project presentation/viva-voce 16th to 22 November 2016 (as per roll number)
Submission of assignment: 13th October 2016
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Subject viva (Grand Viva) 16th to 22 November 2016 (as per roll number)
For the purpose of consultation, discussion on subject or any query students can meet teacher from 3 to 4 pm, on
all working days.

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