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Emerging Paradigm in Environmental Law

BYCYRIL K TOM

2014028SECTION A, SEMESTER V

CONTENTS
OBJECTIVE....................................................................................................................... 3
HISTORICAL BACKGROUND.........................................................................................3
REVIEW OF LITERATURE...............................................................................................3
SCOPE OF THE STUDY....................................................................................................3
HYPOTHESIS.....................................................................................................................3
RESEARCH METHODOLOGY........................................................................................4
INTRODUCTION...............................................................................................................4
CONCEPT OF SUSTAINABLE DEVELOPMENT..........................................................4
EIA AS A TOOL OF SUSTAINABLE DEVELOPMENT.................................................6
JUDICIAL STAND ON DEVELOPMENT........................................................................6
EMERGING CONCEPTS IN ENVIRONMENTAL REGULATIONS..............................8

ECO MARK..................................................................................................................8
GREEN BUILDING CONCEPT...................................................................................10
GURGAON CONCEPT ................................................................................................11
14000 CERTIFICATION...............................................................................................16

CONCLUSION...................................................................................................................17
BIBLIOGRAPHY...............................................................................................................18
OBJECTIVE
This paper seeks to glean the position in India relating to the current implications of environmental law as it stands with
respect to new and emerging technologies for better environmental impact.
HISTORICAL BACKGROUND
The Indian judiciary demonstrated willingness to exercise its power whenever the political/executive organs of the state failed
to discharge their constitutional obligations effectively. This willingness has been often termed as judicial activism. Around
1980, the Indian legal system, particularly the field of environmental law, underwent a sea change in terms of discarding its
moribund approach and instead, charting out new horizons of social justice. This period was characterized not only by
administrative and legislative activism but also judicial activism. A subset of this has been environmental activism, which has
developed in India in a very major way. One of the reasons for judicial activism in specific environmental cases has been the
relaxation of the rule of locus standi giving a chance to the public to approach the Court under Articles 32 and 226 of the

Indian Constitution. Also, the recognition of environmental rights as a fundamental right under Article 21 (Right to Life) of
the Indian Constitution has given a constitutional sanctity to the right to enjoy a clean and healthy environment.
REVIEW OF LITERATURE
The subject of environmental law with respect to new technological advances in India is a relatively less researched field as
most of the existing literature deal with the aspects of the effects of the new laws and judicial activism towards achieving better
environmental standards.
SCOPE OF THE STUDY
This paper commences with the diverse ingredients of Indian environmental jurisprudence. A highlight of international and
national efforts in combating environment related problems is also made. Ultimately, the author throws light on the Indian
experience of environmental law and its resultant tool of the human right to live in a clean and healthy environment.
HYPOTHESIS
Over the last two decades, the Indian judiciary has fostered an extensive and innovative approach to environmental rights in
the country. complex matters of environmental management have been resolved and consequently a series of innovative
remedies have evolved to accompany this new substantive right. The new environmental right is therefore championed as a
legal gateway to speedy and inexpensive legal remedy.
RESEARCH METHODOLOGY
This is a work of doctrinal research and material has been gathered from journals, articles, books, case laws etc. No empirical
work has been done.
INTRODUCTION
We live today in the world of contradictions. on one hand we have extremely developed states and on the other hand we have
states where people cannot get access even to minimum necessities of life. Therefore for those deprived of even basic
minimum necessities of life, right to development has assumed great significance in recent times. However the process of
development undertaken by most of the states involves hyper-consumption of energy and natural resources leading to
environmental degradation.1 2
In recent years the large scale urbanization, industrialisation and associated environmental alteration and its impact on
biodiversity pose a threat to human existence through basic necessities, recreation and the ecological functions. It is evident
that pollution from various sources particularly from industries has negative impact on environment, irreversible in nature,
cause extinction of species, resulting in loss of unique genetic resources of great use. This is a transition period for many
developing economies like India, so there is a strong need to strike a balance between industrial development and physical
environment so as to reduce the intensity of pollution. Therefore industrial development cannot be undertaken in total
1Agarwal Arvind, 'Globalisation, Development and Environment degradation: A Human Rights Perspective' in Suresh C. Shastri
edi. Human Rights, Development and Environmental Law - An Anthology, Bharat Law Publications (2007), pp. 86-100 at p. 87
2Singh Shailendra, Puja Jain and Abhay Kumar, 'Impact of Industrialization and Environmental Pollution', The
Indian Forester Vol.135 Issue 9 September, 2009 available
atwww.indianforester.co.in/index.php/indianforester/artide/view/481 as last retrieved on 6/09/2015 at:
http://ssrn.com/abstract=2374661

disregard of environmental protection. Unfortunately in developing countries many industries dependent upon environmental
resources have come up and it has threatened the natural resource base.
What is needed is to pursue industrial development with a sense of responsibility. It is possible through sustainable
development.
CONCEPT OF SUSTAINABLE DEVELOPMENT

The importance of environmental protection in the process of industrial development was realized globally for the first time at
United Nations Conference on Human Environment held at Stockholm in 1972. Another mile stone in this respect was Rio
Conference held in 1992 in Brazil which gave concrete shape to the concept of sustainable development which envisages
balance between ecological and developmental concerns. At this Conference Rio Declaration was adopted. It spells out the
salient features of sustainable development which include intergenerational equity principle, polluter pays principle,
precautionary principle, eradication of poverty, international cooperation, conservation of natural resources and integration of
environment and development.
Brundtland Commission Report defined sustainable development as development that meets the needs of present without
compromising the ability of future generations to meet their own needs.3
The following features of sustainable development are often applied by the judiciary in environment and development
discourse.
(a) Intergenerational equity principle: It advocates reasonable or moderate use of natural resources by the present generation
so as not to impair the ability of future generations to meet their economic needs. This principle imposes a kind of moral
obligation upon the present generation to pass on safer planet to the next generations. It is well accepted that intergenerational
equity also includes intra generational equity. Although the concept is not difficult to understand it is certainly problematic
from implementation point of view.
(b) Polluter pays principle: This principle has origin in the work of OECD. It makes polluting industry absolutely liable to pay
the remediation cost. In applying this principle the courts need to take into account financial capacity of the industry and at
their discretion may impose exemplary pollution fine. This principle compels the industries to be more concerned about
environmental protection while maximizing their profits. This principle has been applied by the judiciary, but there are a
number of practical difficulties associated with the principle. It does not clarify who is a polluter. Further it is not clear as to
whether the polluter should pay for the damage caused or also for restoring the environment to its unpolluted state? And how
long this liability lasts?4
(c) Precautionary Principle: According to this principle mere scientific uncertainty cannot be a ground for postponing
decisions for environmental protection. This principle stipulates that in case of scientific uncertainty about hazardous effects of
an industry upon environment, it is better to err on side of environmental protection. This principle although laudable is
certainly vague and may lead to violation of constitutional guarantee of right to freedom of business. It is on the basis of
3Lal Kurukulasuriya ,The Role of the Judiciary in PromotingEnvironmental Governance and the Rule of Law ,Global
Environmental Governance: the Post-Johannesburg Agenda
http://www.yale.edu/gegdialogue/docs/dialogue/oct03/papers/Kurukulasuriya%20final.pdf 8:03, 10/08/2015
4 Fisher Elizabeth, Bettina Lange and Eloise Scotford, 'Environmental Law: Text Cases and Materials', (2012), p. 413

scientific certainty alone that an industry can be prevented from establishing itself else, the constitutional guarantee will be
violated.
The judicial invocation of these principles in environmental litigation is quite justified, but these principles need to be
examined on the touchstone of scientific accuracy and precision as far as possible. Otherwise, application of such principles
may lead to serious miscarriage of justice.
EIA AS A TOOL OF SUSTAINABLE DEVELOPMENT :

Rio Declaration advocates use of environmental impact assessment (EIA) in order to achieve the goal of sustainable
development. EIA is an interdisciplinary and highly scientific study by which the possible effects of a developmental project
upon the environment can be predicted with more precision and accuracy. On receiving EIA report it is possible to decide
whether the development project should proceed and if so, whether environmental impacts of such project needs to be
mitigated. Through the information gathered from EIA report, developmental projects including industries likely to have
adverse effect on environment can be avoided. EIA originated in US legislation National Environmental Policy Act, 1969. Rio
Declaration, 1992 appealed the signatory states to undertake EIA as a national instrument for proposed activities that are likely
to have a significant adverse impact on the environment.
India had earlier followed the discretionary model of EIA, but in the wake of Bhopal gas tragedy switched over to mandatory
model of EIA. The Ministry of Environment and Forests (MOE&F), Government of India by 1994 Notification introduced
mandatory EIA for as many as 29 types of developmental projects including industries. But this notification has undergone a
substantial change and it has resulted into dilution of EIA mechanism envisaged by 1994 Notification.
Further some projects now require the clearance from State Environmental Impact Assessment Authority established under
2006 Notification. This is an unfortunate journey from strong to weak version of sustainability. Further the participation of
stakeholders has become very restricted now and only the people residing in the area where proposed project is to be located
can participate in public hearing. Hence the broader participation shall be provided at the public hearing.
Despite few conceptual problems it must be said that sustainable development is the only viable alternative if we have to
achieve development goals with minimum damage to environment. If we keep on plundering present natural resources in
reckless manner we will put our children and grandchildren in great peril.
JUDICIAL STAND ON DEVELOPMENT

Courts have played a crucial role in advancing the Principles contained in the Stockholm and Rio Declarations. They have
produced numerous decisions that have contributed to balancing environmental and developmental considerations, promoting
natural resources conservation and sustainable use, achieving equity and justice, and, overall, implementing the goals of
sustainable development.
The task of the courts while dealing with environmental and developmental issues is certainly difficult than dealing with other
legal issues. It is because of highly intricate nature of issues involved in such litigation. The courts need to be equipped with
expert knowledge of environmental and socio-economic issues besides applying rules of evidence and procedure in proper
manner. While dealing with industrial litigation concerning pollution also the courts need to have expert knowledge of water
and air pollution, effluent treatment plants, chemical processes and so on. The establishment of National Green Tribunal under
2010 legislation is an important development as the matters relating to industrial pollution and environmental issues are to be

heard by this special tribunal. The credit for expediting the establishment of National Green Tribunal in India certainly goes to
the Indian Supreme Court.5
The Indian Supreme Court has dealt with competing industrial development and environmental issues in many cases. The
Court has sometimes expressed its inability in dealing with intricate environmental issues. Nevertheless, the Court has come up
with path breaking solutions for the cause of environmental protection while ensuring at the same time that the development
process is not unduly halted. The Court has imported sustainable development principles from international environmental law
into the Indian law through different judicial tools and strategies without exceeding much its legitimate bounds. Some of the
cases are analyzed hereinafter:
In M.C. Mehta vs. Union of India.6, the Supreme Court evolved absolute liability principle and observed that an enterprise
which is engaged in a hazardous or inherently dangerous industry which poses a potential threat to the health and safety of the
persons working in the factory and residing in the surrounding areas owes an absolute and non-delegable duty to the
community to ensure that no harm results to anyone on account of hazardous or inherently dangerous nature of the activity in
which it has undertaken. The enterprise must be held to be under an obligation to provide that the hazardous or inherently
dangerous activity in which it is engaged must be conducted with the highest standards of safety and if any harm results on
account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to the
enterprise to say that it had taken all reasonable care and that the harm occurred without any negligence on its part.
In Charan Lal Sahu vs. Union of India 7, while upholding the validity of Bhopal Gas Leak Disaster ( Registration and
Processing of Claims) Act,1985 the Supreme Court emphasised the need for laying down certain norms and standards for the
government to follow before granting permission or licenses for the running of industries dealing with materials which are of
dangerous potentialities.
In Indian Council for Environmental Legal Action vs. Union of India8, the sludge discharged from the manufacture of H acid
destroyed the village of Bicchri spreading disease, death and disaster. The Supreme Court while applying the polluter pays
principle observed that financial cost of prevention or remedying damage caused by pollution shall lie with the undertaking
that causes pollution.
In Vellore Citizens Welfare Forum vs. Union of India 9, the tanneries in state of Tamil Nadu were found discharging untreated
effluents which polluted river Palar and rendered the water unfit for consumption and agriculture. The Supreme Court held that
precautionary principle and polluter on the industries and directed that recovered amount shall be credited to Environment
Protection Fund which would be utilized for paying compensation to the affected persons and also for restoring damaged
environment.
In A.P. Pollution Control Board vs. M.V. Nayudu 10, the Supreme Court held that the principle of precaution involves the
anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity.

5Lal Kurukulasuriya ,The Role of the Judiciary in Promoting Environmental Governance and the Rule of Law ,Global
Environmental Governance: the Post-Johannesburg Agenda
http://www.yale.edu/gegdialogue/docs/dialogue/oct03/papers/Kurukulasuriya%20final.pdf 8:03, 10/08/2015
6AIR 1987 SC 1086 at p. 1099
7AIR 1990 SC 1480

In M.C. Mehta vs. Union of India11, the Supreme Court held that precautionary principle requires anticipatory action to be
taken to prevent harm. The harm can be prevented even on a reasonable suspicion. It is not always necessary that there should
be direct evidence of harm to the environment.
EMERGING CONCEPTS IN ENVIRONMENTAL REGULATIONS

1. ECO MARK
Eco mark or eco labelling is recognised under the Environment Protection Act 1986. It is a voluntary method of environmental
performance certification and lebelling that is practiced around the world. The Ecomark criteria have been incorporated in
Indian Standards for 128 products by the BIS. However, on several occasions members of Technical Committee have
questioned the seriousness of the BIS on implementation of the Scheme. For instance, the BIS was unable to undertake
promotional campaigns on the Indian Ecomark until recently. This
indifference of the BIS regarding the implementation of the Scheme could be explained by the
lack of pressure from the parent ministries.

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Overall studies indicated that there was a lack of awareness about the Ecomark Scheme among Indian industry, in particular,
among medium and smaller players. At the same time, the study showed that consumer awareness continued to be poor in the
absence of a national 8 9 10 11 communication strategy. The scheme was introduced way before time and thus did not yield
expected results.
Objectives of the Scheme:

To provide an incentive for manufacturers and importers to reduce adverse environmental impact of products.
To reward genuine initiatives by companies to reduce adverse environmental impact of their products.
To assist consumers to become environmentally responsible in their daily lives by providing information to take
account of environmental factors in their purchase decisions.
To encourage citizens to purchase products which have less harmful environmental impacts
Ultimately to improve the quality of the environment and to encourage the sustainable management of resources.

The Eco-Mark scheme initially covered about 16 product categories covering a wide range of products. i.e. the Criteria for
evaluating products under these categories were initially analyzed and identified. At a later point, a 17th category was
included.
The product criteria were developed using a cradle-to-grave approach keeping in mind full lifecycle considerations of the
environmental impact of the product i.e. all stages from raw materials to manufacturing, usage and disposal were analyzed and
evaluated to determine the criteria.
Eco-Mark is unique when compared to other eco-labels in one aspect; it also necessitated meeting the quality requirements of
BIS (Bureau of Indian Standards).

8AIR 1996 SC 1446


9AIR 1996 SC 2715
10AIR 1999 SC 812
11AIR 2004 SC 4016

The M.P. Pollution Control Board has identified 192 industries in the State which come under purview of this criteria and are
being pursued to obtain ECOMARK certification in the large interest of the environment. These identified industries are from
textile, vegetable oil and soap & detergent sector.
As per notification issued by Govt. of Madhya Pradesh Dept. of Housing & Environment, Dt. 28th Aug. '98 all such industries
which have been awarded ECOMARK label for their products shall be given an exemption of 50% fee in the consent/renewal
of consent under Water Act / Air Act.
The MoEF have so for identified 16 products categories to be covered under the scheme of ECOMARK. The products are :
Soaps and detergents, Paints, Paper, Food items, Food additives and preservatives ,Wood Substances ,Textiles, Batteries,
Lubricating oil , Packaging, Plastics, Aerosols ,Cosmetics, Pesticides & drugs ,Electronic goods ,Vegetable Oils.

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Central Pollution Control Board (CPCB) is a member of GEN (Global Ecolabelling Network) and has been a member since
2000. However the Eco-Mark scheme was not very effective in India, and as such eco-labelling as a concept is still relatively
unknown. The government has tried to revitalize the scheme many times, but the efforts have not borne fruit.
In spite of the wide range of product categories, there were very limited applications for the EcoMark label. In the 18 years
since its inception, less than 20 companies have obtained the EcoMark label.13
2.

GREEN BUILDING CONCEPT

For the past few years, the word Green Buildings is continuously hogging limelight in the media. Some of us might have seen
the Confederation of Indian Industry (CII) - Green Business Centre building in Hyderabad which is one of the green buildings
in India. The Kerala high court, which incidentally is the first high court to be erected with solar panels is also a green
building.
We can define Green Buildings as structures that ensure efficient use of natural resources like building materials, water, energy
and other resources with minimal generation of non-degradable waste. Technologies like efficient cooling systems have
sensors that can sense the heat generated from human body and automatically adjust the room temperature, saving energy. It
applies to lighting systems too. Green buildings have a smarter lighting system that automatically switches off when no one is
present inside the rooms. Simple technologies like air based flushing system in toilets that avoids water use by 100%, Use of
energy efficient LEDs and CFLs instead of conventional incandescent lamp, new generation appliances that consume less
energy, and many other options help in making the buildings green and make them different from conventional ones.
What is Green building certification and why is it required?
Whether Green buildings are really green is to be decided against the predefined rating systems. There are three primary
Rating systems in India: GRIHA, IGBC, BEE
Green Rating for Integrated Habitat Assessment (GRIHA)
Green Rating for Integrated Habitat Assessment (GRIHA) is Indias own rating system jointly developed by TERI and the
Ministry of New and Renewable Energy, Government of India. It is a green building design evaluation system where buildings
are rated in a three-tier process. The process initiates with the online submission of documents as per the prescribed criteria
followed by on site visit and evaluation of the building by a team of professionals and experts from
GRIHA Secretariat. GRIHA rating system consists of 34 criteria categorised in four different sections. Some of them are - ( 1)
Site selection and site planning, (2) Conservation and efficient utilization of resources, (3) Building operation and
maintenance, and (4) Innovation.
Commonwealth Games Village, New Delhi, Fortis Hospital, New Delhi, CESE (Centre for Environmental Sciences &
Engineering) Bldg, IIT Kanpur, Suzlon One Earth, Pune and many other buildings has received GRIHA rating .14
Indian Green Building Council (IGBC)
The Leadership in Energy & Environmental Design (LEED) is the rating system developed for certifying Green Buildings.
LEED is developed by the U.S. Green Building Council (USGBC), the organization promoting sustainability through Green

Buildings. LEED is a framework for assessing building performance against set criteria and standard points of references. The
benchmarks for the LEED Green Building Rating System were developed in year 2000 and are currently available for new and
existing constructions.
LEED-INDIA approach for Green Buildings Confederation of Indian Industry (CII) formed the Indian Green Building Council
(IGBC) in year 2001. IGBC is the non profit research institution having its offices in CII-Sohrabji Godrej Green Business
Centre, which is itself a LEED certified Green building. Indian Green Building Council (IGBC) has licensed the LEED Green
Building Standard from the USGBC. IGBC facilitates Indian green structures to become one of the green buildings.
IGBC has developed the following green building rating systems for different types of building in line and conformity with US
Green Building Council. Till date, following Green Building rating systems are available under IGBC :
LEED India for New Construction, LEED India for Core and Shell, IGBC Green Homes, IGBC Green Factory Building, IGBC
Green SEZ, IGBC Green Townships.
Here are 10 examples of amazing innovations that green buildings certified by the Indian Green Buildings Council (IGBC)
have implemented to bring down their energy efficiency and costs significantly.
1. Solar Air Conditioning- Turbo Energy Limited, Chennai
The solar air conditioning in Turbo Energy systems in Chennai uses solar power to condition or control the air in the building
by passive solar, solar thermal energy conversion and photovoltaic conversion in which sunlight is converted to electricity. The
plant has installed the 90-TR hot water fired VAM system up to 26,000 sq.ft which has reduced the Heating Ventilation and Air
Conditioning (HVAC) electrical load by 117kW. In addition to this Turbo Energy India also has a working turbine of 5Kw
capacity in position.
2. Earth Air Tunnels and Passive Cooling: Aquamall water solutions, Dehradun and Police Bhavan, IGP office, Gulbarga
Earth tunnel Air conditioning system also known as passive air conditioning installed in Aqualmall water solutions in
Dehradun, is a wonderful utilization of nature. The system sucks in air from the outside and with the help of geothermal
cooling the air is sent to interiors.
The IGP office in Gulbarga uses Passive downdraught evaporative cooling (PDEC) system where air passes through a layer of
water in the wind tower. This cools down the water and that water is sent to the interiors of the building which is similar to the
Earth tunnel air conditioning system
3. Thermal Storage: TCS techno park and Grundfos Pumps, Chennai
After installing this system, TCS techno park in Chennai and Grundfos Pumps in Chennai have experienced a huge reduction
in peak load in the daytime. This is achieved with the thermal energy systems which collect energy and store it for later use,
even months later. This also works inter-seasonally where during winters it uses the solar heat collected in the solar collectors
and during summer it uses the cold air conditioning obtained from the winter air.
4. District Cooling System - RMZ Ecospace, Kolkata

With the help of district cooling system RMZ Ecospace uses wasted heat from summer time, through combined heat and power
generation units which integrate the production of usable heat and power to run absorption refrigerators for cooling. This
method get a high CoP (coefficient of performance) which is more than 6.3.
5. Radiant cooling technology - Infosys, Pocharam campus
The Infosys Pocharam campus has an air conditioning system which is 30-40% more efficient than the conventional air
conditioning systems. This is possible with the radiant cooling technology where a temperature-controlled surface cools indoor
temperatures by removing sensible heat and more than half of the heat transfer occurs through thermal radiation. This has
helped the coefficient of performance (CoP) spike up as high as 8.
6. Hybrid- HVAC system: Olympia Tech Park, Chennai
By effective usage of grey water in the building, Olympia Techpark in Chennai has able to meet its heating and cooling
requirements. They have a dual plumbing line where the treated gray water is used for flushing or in irrigation. With a HVAC
system they are able to have cool, indoor comfort when its hot outside providing a year-round indoor comfort solution.
7. Green and Solar Reflectance Index roof: Hotel Leela Palace, New Delhi
With roof covered with vegetation, Hotel Leela Palace, New Delhi and CII- Godrej GBC in Hyderabd have created artificially
altered surfaces that can deliver high solar reflectance (the ability to reflect the visible, infrared and ultraviolet wavelengths of
the sun, reducing heat transfer to the surface) and high thermal emitting (the ability to radiate absorbed, or non- reflected solar
energy). Hotel Leela Palace in Delhi also has a Solar Reflectance coating which further mitigates local microclimatic
conditions.
8. Lighting controls: Occulux sensors, Daylight sensors- RMZ Millenia Business Park, Chennai
RMZ Millenia Business Park in Chennai have seen a continuous saving in energy consumption. They have installed the Digital
Occulux sensor that would dim-up and dim down the lights based on occupancy and daylight availability. They strategically
use day-lighting and better lamps which adds to their savings.
9. Wind Hybrid Solar Charger: Suzlon One Earth, Pune
Suzlon One Earth in Pune and Delta Power in Rudrapur use a wind hybrid solar charger: a solar / wind hybrid system where
solar and wind power production is used together so that the reliability of the system is enhanced. In addition, the size of
battery storage can be reduced slightly as there is less reliance on one method of power production.
Suzlon One Earth in Pune has facilities to recycle all the water it uses, has roof gardens and generates 154 KW of energy on
site through a combination of windmills and photovoltaic panels.
10. High Performance Envelope: ITC Royal Gardenia, Bangalore
ITC Gardenia in Bangalore has reduced heat gain to large extent by their design and have experienced serious energy savings.
High performance Envelope includes cavity walls which has two skins of bricks with a hollow space in between which helps in
slowly drawing rainwater or even humidity into the wall. The cavity serves as a way to drain this water back out through weep

holes at the base of the wall system or above windows. This has also favoured the living walls that they have adopted by
decorating the walls in interiors with plants. They also have double glazed units which further stops heat loss.
Bureau of Energy Efficiency (BEE)
BEE developed its own rating system for the buildings based on a 1 to 5 star scale. More stars mean more energy efficiency.
BEE has developed the Energy Performance Index (EPI). The unit of Kilo watt hours per square meter per year is considered
for rating the building and especially targets air conditioned and non-air conditioned office buildings. The Reserve Bank

of! India's buildings in Delhi and Bhubaneswar, the CII Sohrabji Godrej Green Business Centre
and many other buildings have received BEE 5 star ratings.12
Indians were aware of Green Building concepts from the beginning. Conventional homes with
baked red colour roof tiles and clay made walls is a really good example of energy efficient
structures that are used to keep cool during summers and warm during the winters. Most of rural
India is still attached to this building technology with naturally available materials like clay,
wood, jute ropes, etc. Today we have advanced technologies that create smarter systems to control
inside temperature, lighting systems, power and water supply and waste generation. Green
buildings might be a bit heavy on the purse but are good for the environment. In this rapidly
changing world, we should adopt the technology that helps us to save precious natural resources.
This would lead us to true sustainable development.13
3.

GURGAON CONCEPT

Renewable energy is seen as an effective option for ensuring access to modern energy services in
our vast country. Local and regional environmental problems associated with the generation of
conventional energy have provided a strong argument for enhancing the role of renewable energy
within the broad energy development plans of the country. With this in mind TERI developed this
complex at Gual Pahari, Gurgaon, as an example of sustainable habitat.
The Gual Pahari campus is situated 35 km south of Delhi, at Gurgaon, Haryana, covering an area
of 36.5 hectares of beautifully landscaped surroundings. When TERI bought the land, it was
totally rocky and devoid of any vegetation. Intense plantation activities were undertaken by
scientists and researchers for improving the fertility of the land and today it is covered with lush
green forests and gardens full of beautiful flowers. Amidst this greenery and beauty lies the
RETREAT - for the resource-efficient TERI retreat for environmental awareness and training, a
model of sustainable habitat.
TERI has successfully built this habitat, which integrates various forms of renewable energy
sources and is an ideal example for architects, builders, and others for the promotion of renewable
energy technologies in the country. This climate-responsive building is intended to serve as a
model sustainable habitat, based on new and clean technologies. During construction the
following points were kept in mind.
The sun is a clean, abundant, and free source of energy. Underground cellars are cooler in summer
and warmer in winters. Deciduous trees shed their leaves in winter. Micro-organisms can feed on
waste water and thus help purify it.
All this has been incorporated while building this resort and this has cut down the electricity
requirements of the facility by about 60%. The technology employed at the facility, incorporates
the following features.
125 https://beenet.gov.in/UI Forms/General/NationalMissionforEnhancedEnergyEfficiency.htm last
accessed 10/08/2015
13 http://www.thealternative.in/lifestyle/10-green-building-innovations-in-india/ last accessed on
10/08/2015

Solar water heater


The RETREAT takes full advantage of the abundant solar energy and has used innovative ways to
tap this energy by installing 24 solar water heaters to provide 2000 litres of hot water to the living
quarters. Photovoltaic panels help capture solar energy and store it in a bank of batteries, which is
the main source of power at night. Individual panels, power lights outside the building. Even the
water pump is powered by solar panels.
The biomass gasifier
During the day, the building is powered by a biomass gasifier, which is fed by firewood, twigs,
branches, and crop stubble from the campus itself. In conventional devices that burn firewood
directly, a large part of the energy is lost. In a biomass gasifier this wood is burnt twice as
efficiently. Any surplus energy that is generated is used to recharge the battery bank. This battery
bank is thus served by two sources of power, namely the photovoltaic panels and the gasifier.
The underground earth tunnels
The temperature in the living area is maintained at a comfortable 20 C to 30 C throughout the
year, without the use of an air conditioner. The concept is based on the observation that
underground cellars are naturally cooler in summers and warmer in winters. In ancient and
medieval India, a similar concept was applied in the construction of buildings such as that seen in
the Red Fort at Delhi. To circulate the air in the living area, each room has been fitted with a
solar chimney and the warm air rises and escapes through this chimney creating an air current.
Cool air from the underground tunnels, helped by two blowers fitted in the tunnels, rush in to
replace the warm air. In winter, the cold air in the rooms is replaced by warm air from the tunnels.
Waste-water is recycled by the 'root zone' techniques, in which the roots of plants with special
capabilities are used to clean the water which is used for irrigation purposes.
Waste-water recycling
At this complex, a novel method to recycle waste water for irrigation has been introduced.
Sewage is collected in a settling tank and the sludge settles at the bottom and a part of the waste is
decomposed at this stage by microbes. Next, the water passes through a bed of soil that also has
some reeds, that adapt well to water logged conditions. The roots of these plants act as a filter,
removing and absorbing many of the toxic substances from the waste water. The water that comes
out at this stage is of irrigation quality or even for bathing purposes.
The complex has modern methods to harvest and store rainwater and ensures effective
conservation of water. Efficient flushing systems, aerated taps that deliver water at pre set rates, a
centralized laundry and other amenities are also provided.
A great deal of thought and planning has gone into the construction of this complex at Gual
Pahari. It is a concrete reaffirmation of TERIs faith in its research and of its commitment to
sustainable development.

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4. 14000 CERTIFICATION
Appreciation of the gravity of environmental problems and related issues had been slow
worldwide. It had perhaps been slower in India. The popularity as well as awareness of the ISO
9000 standards in India has gained a foothold in the last three decades, presently industrial
development in India is seriously concerned with issues relating to sustainability as specified in
ISO 14000. The standards seek how organizations minimize the adverse impact of the production
processes on the environment, i.e., air, water, land ,noise, and the whole ecology.
ISO 14000 is a series of environmental management standards developed and published by the
International Organization for Standardization ( ISO ) for organizations. The ISO 14000 standards
provide a guideline or framework for organizations that need to systematize and improve their
environmental management efforts. The ISO 14000 standards are not designed to aid the
enforcement of environmental laws and do not regulate the environmental activities of
organizations. Adherence to these standards is voluntary.
The ISO 14001 standard is the most important standard within the ISO 14000 series. ISO 14001
specifies the requirements of an environmental management system (EMS) for small to large
organizations. An EMS is a systemic approach to handling environmental issues within an
organization. The ISO 14001 standard is based on the Plan-Check-Do-Review-Improve cycle.
The Plan cycle deals with the beginning stages of an organization becoming ISO 14001compliant. The Check cycle deals with checking and correcting errors. The Do cycle is the
implementation and operation of the ISO 14001 standard within an organization. The Review
cycle is a review of the entire process by the organization's top management. And the Improve
cycle is a cycle that never ends as an organization continually finds ways to improve their EMS.
The entire process can take several months to several years depending on the size of the
organization. If an organization is already ISO 9000-certified, the implementation of ISO 14001
does not take as long. When an organization is compliant, they can either register with a thirdparty registrar or self-declare their compliance. The ISO 14001 standard is the only ISO 14000
standard that allows an organization to be registered or certified.
In India, one of the few automobile companies which have the certification 14001 is Doosan
Skoda Power. The same was applied to in 2004 and the certification was granted in 2000 and is
set to expire this year (2015), which is a reason for the relative higher costs of the companys cars.
CONCLUSION

The key idea behind implementing the EPA is to emancipate human life and to lead to a healthier
society. The awareness amongst Indians towards sustainable development and energy is growing,
as seen from what was written earlier. Though not enforceable at this juncture, new laws and
better resource management and distribution could make green India a reality. Industrial
development is immensely important for a developing state like ours. It is mostly through
industries that we can overcome problems like unemployment and acute poverty. Therefore our

economic policies should be industry-friendly. Industries need to be given all clearances including
environmental clearances in quick time. However while encouraging industrial development we
cannot overlook environmental issues. Any industrial development at the expense of environment
will be a wrong strategy for development. Therefore we need to develop our industries by keeping
in mind environmental needs of our future generations. Any industry causing considerable
environmental pollution shall be made liable to restore the environment to unpolluted condition
on the basis of polluter pays principle. Massive deforestation for industrial development ought not
to be allowed. We need to adopt the path of sustainable development in tune with Gandhian
principles. The Indian Supreme Court has contributed immensely in establishing the norms of
sustainability for the government and the development proponents in India.

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