Enforcement
Challenges and Legal Implications of Environmental Regulations
Sushma
Desai1*, Dr.Balasaheb Garje2
1 Research Scholar, University of
Technology, Jaipur, Rajasthan
2 Professor, Department of Law,
University of Technology, Jaipur, Rajasthan
Abstract
- India is now struggling with a number of severe environmental concerns that
put the country's development as well as its future possibilities in jeopardy.
The natural environment of India has been severely damaged as a result of
unchecked human activity, and the resulting ecological problems are stifling
the country's capacity for social progress. The study demonstrates how a
backdrop of extreme poverty, decreasing land area, increasing air pollution,
decreasing water resources, the extinction of native species of flora and
fauna, and the disappearance of native species of flora and fauna all work
against the good development of Indians and the nation as a whole. It places a
primary emphasis on preserving the natural equilibrium that exists between
human existence and the surrounding environment as its primary goal. This is an
absolute requirement for the growth of all life, including human life. The
primary contribution that this article will make is to offer assistance to the
government agencies that are responsible for fostering environmental awareness
among Indian residents.
Keywords
- Enforcement, Challenges, Environmental, Regulations, Legal,
Implications
INTRODUCTION
Humanity's
culture changed as civilization advanced, becoming one that put more value on
material items. His main objective had been to amass ever-increasing money for
himself during his whole life. This led to the development of new technologies
and scientific advancements, both of which paved the way for the
commercialization of natural resources. The rapid and unchecked growth of
industry has led to the development of potentially hazardous environmental
conditions. As a direct result of both the Second World War and the ensuing
industrial catastrophe, there was a significant increase in the number of
poisons discharged into the global environment. People began to see that the
very survival of man would be in peril if this attitude continued. The
fundamental cause of this ecological catastrophe, according to the pertinent
studies, is the concept and value that individuals should develop ties with
their environments and lives. India is now coping with a variety of severe
environmental issues that jeopardise the nation's development and future
prospects3. India's ecosystem is in a state of disorder as a result of
unrestrained human activity, and this ecological situation is impeding social
progress in the nation. According to the research, a backdrop of extreme
poverty hinders the positive advancement of Indians and the country as a whole.
A decrease in the amount of land, a rise in air pollution, a depletion of water
resources, a loss of native species of flora and fauna, and other causes are also
highlighted in the research.
The
Indian government has established a legal and institutional framework for the
environment in order to handle these issues within the wider context of India's
development plan and the laws and norms that govern international relations.
The constitution of India makes it clearly clear that it is the state's duty to
"protect and improve the environment as well as to safeguard the forests
and wildlife of the country." It makes the protection and development of
the natural environment, which includes the forests, lakes, rivers, and
wildlife that inhabit them, everyone's duty. The Fundamental Environment Rights
also refer to the environment in addition to the Fundamental Rights and
Directive Principles of State Policy.
Principles of
Jurisprudence Regarding Environmental Protection
It is well recognised that maintaining the natural
environment successfully is crucial to the successful completion of any real
estate development. They are both two sides of the same coin, but they see it
from different angles. The relationship between laws governing resource
preservation and land use has received a lot of attention in recent years. This
issue was raised since it has recently received a lot of attention. More
international treaties are presently being created in order to achieve plans
for environmental protection on a global and regional scale and to advance
towards reaching sustainable development goals. There are reasons to believe
that governments and other players within them will try to live up to their
international obligations as a direct result of the World Summit on Property
Development. Several variables contribute to the maintenance of these
assumptions. In fact, environmental protection measures and sustainable
development goals are starting to be formally accepted by international courts
and tribunals, and the principles that support these organisations are
increasingly being cited in cases before national courts and tribunals around
the world. Additionally, environmental protection measures and sustainable
development goals are starting to be formally accepted by international courts
and tribunals.
Particularly "soft-regulation instruments"
like declarations and global statements have shown to be quite effective in the
process of creating certain standards, which are now beginning to show their
persuasive power. This is because people believe these "instruments"
to be "softer" than laws. These standards can help resolve disputes
pertaining to sustainable development and make it easier to fairly integrate
laws and regulations where international environmental, social, and financial
regulation intersect. In other words, they have the potential to contribute to
improving the world. The 2002 New Delhi Declaration on the Principles of
International Law Related to Environmental Safety and Sustainable Improvement
was published by the International Law Association Committee on the Legal
Aspects of Sustainable Development in 2002 after ten years of observation and
discussion. This declaration is made accessible to the public by the
International Law Association Committee on Legal Aspects of Sustainable
Development.
1.
Fundamental Rights and Preamble :
A genuine objective is articulated in the Preamble
of the Indian Constitution, which is followed by a guarantee of the Right to
Equality in the language of Article 14. The text of Article 14 will be
discussed when it has been completed. It is possible to incorporate a provision
in Article 19 that defines freedom of speech, and this is something that may be
done with recordings. As a direct consequence of this fact, the Constitution of
India includes provisions that ensure the preservation of an individual's right
to life and liberty. The concept of "Life" encompasses a great deal
of diverse aspects, some of which include safety and privacy, a place to
reside, a healthy atmosphere, and access to food and drink, for the purpose of
maintaining both one's body and one's soul at the same time. These aspects are
discussed in the Preamble, the Chapter on Fundamental Rights, the Chapter on
Fundamental Duties, and the Directive Principles of State Policy, respectively.
Article 21 of the Constitution contains a clause quite similar to this one.
knowledge that the phrase "Life" refers to more than just animal life
and that it encompasses the right to a dignified existence is essential to
having a complete comprehension of Article 21. This knowledge is necessary
because the term "Life" refers to more than just animal life. It
includes everything that endows a man's life with significance, wholeness, and
the impression that it was one that was genuinely deserving of being lived.
When discussing the breadth and depth of individual basic rights, the
fundamental problem that lies at the heart of this predicament may be brought
up once more as a potential point of contention in the course of the
conversation. At this juncture, it is crucial to emphasise that safeguarding
the environment and people's health are two of the four cornerstones of Article
21, as well as the fact that it is imperative that these areas be safeguarded.
In accordance with Article 32 of the Constitution of India, certain rights have
the potential to be enforced.
In the years that immediately followed India's
independence, environmental protection was not the government's primary
concern. This was largely attributable to the fact that the country was focused
on fostering economic development and was experiencing significant political
upheaval at the time. After the nation attained its independence, the primary
focus shifted to the development of new commercial centres and manufacturing
sectors in order to increase the number of available jobs for the local inhabitants.
However, as a result of the Bhopal Gas tragedy, environmental protection has
become a primary concern. Both the breadth of the nation's environmental
legislation and the severity of legal action have increased as a direct result
of this event.
The doctrine of
public trust
In
addition to incorporating the idea of public trust into its corpus of
jurisprudence, the legal system in India is primarily predicated on the common
law as its primary theoretical base. Even though the state is responsible for
the preservation of natural resources, such resources must be made available to
the general public in order for anybody to make use of them and they cannot be
privatised under any circumstances. The laws of the state oblige the state to
protect the natural resources that fall within its jurisdiction. M.C. Mehta v.
Kamal Nath was the first case in India to apply this legal theory to an
environmental problem. The case was heard by the Supreme Court of India, which
is the highest court in the country. According to the Supreme Court, the
concept of public trust is predicated primarily on the assumption that some
resources, such as air, sea waters, and forests, are so important to the people
as a whole that it would be illogical to subject them to private ownership.
Examples of these types of resources include air pollution and deforestation.
The following is an illustration of one of these resources:
Polluter Pays
Principle
The
provision of appropriate compensation to victims of pollution and environmental
dangers was an important problem that nations whose economies were moving in
the direction of industrialization needed to resolve. These nations' economies
were on the path to becoming more industrialised. Early on, in Europe, when
that continent was being haunted by a new ghost, namely that of unparalleled
pollution, the sensible notion that the polluter should be obliged to pay for
the harm that he creates was developed. This concept was developed at a time
when Europe was being afflicted by a new ghost, namely that of unmatched
pollution.
The Criminal
Procedure Code, 1973
Environmental
contamination is considered to be a public nuisance according to Part B of the
Criminal Procedure Code of 1973 (CrPC). The term "nuisance" has a
somewhat broad definition under Section 133 of the Criminal Procedure Code.
This definition pertains to actions such as erecting structures, disposing of
garbage, doing commerce, and engaging in vocations. According to this
provision, the court has the authority to issue a conditional order for the
removal of the nuisance.1 In the event that the instructions are disobeyed, the
court has the authority to impose penalties in accordance with Section 188 of
the Indian Penal Code. These penalties may include a fine of up to one thousand
rupees and/or imprisonment for up to six months, depending on the severity of
the offence.
Need for protection
and conservation of environment and sustainable use of natural resource
Both
the Constitution of India and India's international commitments acknowledge the
necessity of environmental preservation, conservation, and the use of renewable
resources in a sustainable manner. According to Part IVA of the Constitution
(Article 51A-Fundamental Duties), every Indian citizen is obligated to have
compassion for all living things, as well as a responsibility to protect and
improve the natural environment, which includes forests, lakes, rivers, and
animals. In addition, every Indian citizen is responsible for preserving and
improving the natural environment. In addition, the Indian Constitution's Part
IV (Article 48A-Directive Principles of State Policies) stipulates that the
state is obligated to make every effort to preserve the nation's forests and
wildlife as well as to safeguard and promote the environment. This provision
may be found under the heading "Directive Principles of State
Policies."
The Air (Prevention and Control of Pollution)
Act, 1981
The
Air (Prevention and Control of Pollution) Act of 1981 (also known as the
"Air Act") established boards at both the government and state levels
to carry out the aforementioned tasks in addition to the prevention, control,
and reduction of air pollution.
Under
the authority of the Air Act, rules concerning the quality of ambient air were
drafted in order to solve the problems produced by air pollution. The goal of
the Air Act is to minimise air pollution by making it illegal to use polluting
fuels and chemicals and by enforcing laws on equipment that contributes to air
pollution. In accordance with the provisions of the Air Act, the State
Government possesses the authority to designate any site or places within the
State as air pollution control areas, following consultation with the SPCBs.
According to the Act, the SPCBs are required to give their approval before any industrial
facility in the pollution control region can be built or put into operation. In
areas where air pollution is being controlled, SPCBs are also obliged to
inspect the processes of production, the machinery used to control pollution,
and the quality of the air there.
The Water (Prevention and Control of
Pollution) Act, 1974
The
Water Act of 1974, also known as the Water Pollution Prevention and Control
Act, was enacted in order to address water pollution prevention and control in
addition to preserving or restoring the wholesomeness of the nation's water
supply. In addition to facilitating the accomplishment of the goals outlined
above, it makes it possible for Boards to be established for the purpose of
preventing and mitigating water pollution. The Water Act includes provisions
for the imposition of fines for violations and prohibits the discharge of
pollutants into water bodies in excess of a certain threshold. Under the
authority granted by the Water Act, the federal government formed the CPCB with
the purpose of formulating policies and procedures for the control and
mitigation of water pollution. At the state level, SPCBs do their business
under the watchful eye of both the CPCB and the respective state government.
The
Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, and
it further established the levying and collection of a cess on water that is
utilised by individuals who are involved in particular industrial activities.
The Central Board and State Boards for the Prevention and Control of Water
Pollution, which were created in line with the 1974 Water (Prevention and
Control of Pollution Act), collect this cess in order to complement the funds
that are available to them for the prevention and control of water pollution. The
Act was most recently modified in the year 2003.
The Environment Protection Act, 1986
The
Environment Protection Act of 1986 (often known as the "Environment
Act") tackles both the preservation and enhancement of the environment.
The Environment Protection Act establishes a structure for conducting research,
arranging information, and putting into action standards for the long-term
protection of the environment. In addition to this, it establishes a structure
for the timely and adequate response to environmental risks. It is a
comprehensive piece of legislation that was enacted in order to provide a
framework for the cooperation of federal and state agencies that were first
formed by the Water Act and the Air Act of 1974. The term "environment"
is given a somewhat broad definition under the Environment Act's section 2(a),
which can be found here. It examines the interactions that land and water have
with humans, other living things, plants, animals, and microbes, as well as
with property.
An
assessment of the legal and regulatory framework for environmental protection
in India
The
above explanation makes it abundantly evident how broad the network of
environmental rules is; but, it also raises doubts regarding the degree to
which they are effectively implemented. One of the explanations that is
commonly brought up is the pervasive command and control component of the
environmental system. In addition to this, the laws usually take an
all-or-nothing posture and do not take into account the seriousness of the
violation. There is no financial incentive to reduce discharges to levels that
are below the legal limits, and the amount of the penalty is always the same.
Recently,
a few initiatives have attempted to overcome these difficulties by taking
various approaches. A Policy Statement for Abatement of Pollution was issued by
the Indian government in 1992, just prior to the summit in Rio, and it said
that market-based approaches to pollution management will be taken into
account. It was reported that economic mechanisms will be looked into in order
to "internalise" the costs of pollution, "stimulate the
transition from curative to preventative interventions," and
"conserve resources, most notably water." The Ministry of Environment
and Forest (MoEF) created a task force in 1995 to evaluate market-based
mechanisms. The group's findings strongly endorsed the use of market-based
mechanisms for the reduction of industrial pollution. The principles of command
and control have been complemented with a range of financial incentives to
encourage certain behaviours. Allowances for depreciation, exemptions from the
payment of excise or customs duty, and the design of lenient loan terms are
some examples of the types of incentives that may be provided to encourage the use
of environmentally friendly technologies. Another element that is readily
apparent is the change in emphasis away from treating pollution at its final
destination and towards treating it where it originates. The use of remote
sensing and geographic information systems has become more important throughout
the course of time for both the management of natural resources and the
protection of the environment.
OBJECTIVES OF THE STUDY
1.
To study on Principles of Jurisprudence
Regarding Environmental Protection
2. To study
on assessment of the legal and
regulatory framework for environmental protection in India
RESEARCH METHOD
The
majority of the investigation is doctrinal in nature, and it is founded on
reputable sources of information, such as the legislative and regulatory
framework for environmental protection in India and the issues that they face.
Both
primary and secondary sources were utilised in the process of compiling the
information sources for the study literature. Data are obtained through
reports, judgements, and legislation through a number of libraries, government
agencies, and commercial entities. After the data are gathered, they are
critically examined, and conclusions are created from the data.
DATA ANALYSIS
Power of Central
Government to take measures to protect and improve environment:
Subject
to the provisions of this Act, the central government shall have the ability to
take any and all measures that it deems necessary or suitable to protect and
improve the quality of the environment, as well as to prevent, regulate, and
mitigate environmental pollution. This authority shall be used in accordance
with the provisions of this Act.
These
measures may particularly address any or all of the following difficulties,
without restricting the breadth of the requirements of paragraph (1):
coordination of activities taken by state governments, officers, and other
authorities in accordance with this act, the regulations adopted under it, or
any other legislation now in effect that is linked to the goals of this act;
the formulation and execution of a national programme for
With
the proviso that, in accordance with this clause, various emission or discharge
criteria may be established for different sources with regard to the quality or
composition of the emissions or discharges of environmental pollutants from
such sources; The establishment of procedures and safeguards for the prevention
of accidents that may cause environmental pollution and remedial measures for
such accidents; the establishment of procedures and safeguards for the handling
of hazardous substances; the examination of such manufacturing processes,
operations, and processes; and the restriction of areas in which any
industries, operations, or processes or class of industries, operations, or processes
shall not be carried out or shall be carried out subject to certain safeguards.
The National
Environment Appellate Authority Act, 1997: A national
environmental appellate authority was established in accordance with the
Environment (Protection) Act of 1986 in order to hear appeals regarding the
restriction of areas in which any industry operation or process, or class of
industry, operation, or process, could not carry out or would be permitted to
do so with certain safeguards. The purpose of this authority is to ensure that
the environment is protected in the most effective manner possible.
Factories Act, 1948
and its Amendment in 1987: The Act includes a comprehensive list of 29
industries that engage in hazardous processes. These are defined as processes
or activities in which, in the absence of additional precautions, the raw
materials used therein or the intermediate or completed products, by-products,
wastes, or effluents would:
i. Significantly harm the health of those
involved. ii. Significantly harm the environment.
ii.
Contribute to the pollution of the environment in general
Public Liability
Insurance Act (PLIA), 1991: The PLIA was amended in 1992, and as a
result, the federal government received authorization to establish an
environmental relief fund and to distribute funds from that fund as
compensation for damages.
National Environment
Tribunal Act, 1995: In order to provide relief and compensation
for damages to people, property, and the environment as well as for matters
related to or incidental to such accidents, the act provided strict liability
for damages resulting from any accident occurring while handling any hazardous
substance and for the establishment of a national environment tribunal. These
provisions were made in order to fulfil the goals of the act, which were to
provide relief and compensation for damages, as well as for matters related to
or incidental to such accidents.
Professor
Upendra Baxi asserts that in addition to being referred to as the "Supreme
Court of India," which has repeatedly supported judicial activism in
India, the court has also been termed the "Supreme Court for
Indians." Both of these names pertain to the same institution. In other
words, the Supreme Court of India The judicial branch, because of the work it
does and the authority that is delegated to it, has made a substantial
contribution to the consolidation of the fundamental freedoms and rights
provided by the Constitution. In addition, the 42nd Constitutional Amendment
Act was ratified as a result of the 1972 Stockholm Conference on Human
Environment. This conference was held in Stockholm, Sweden. This move may be
directly attributed to the efforts that were made during the conference to
enhance the environmental legal system in India. As a result of this change,
certain environmental obligations have been assigned to both the state (in
accordance with Article 48A) and the people (in accordance with Article
51A(g)).
In
spite of the fact that Articles 48A and 51(A)(g) of the Constitution are, by
their very nature, of a permissive character rather than of a legally required
one, the Indian courts have frequently read them as if they were legally
obligatory. In addition, these terms have been utilised by the judicial system
to create a fundamental right to the environment as a component of a mandatory
right to life based on Article 21. In the case of Asbestos Industries Case No.
12, the Supreme Court of the United States cited a number of international
laws, including the Asbestos Convention of the International Labour
Organisation from 1986, the Universal Declaration of Human Rights from 1948,
and the International Covenant on Economic, Social, and Cultural Rights from
1966. In this particular instance, the court addressed concerns over the
dangers to employees' health posed by the use of asbestos in their places of
employment. Following the court's conclusion that the employees' right to
health should be considered a fundamental right in accordance with article 21,
the court issued directives to the relevant agencies in order to put its ruling
into effect. The Ramsar Convention on Wetlands was ratified by India in 1971,
and the High Court of Calcutta declared in a case referred to as the Calcutta
Wetland Case that India had a responsibility to work towards the preservation
of wetland regions. Both of these events took place after the Ramsar Convention
on Wetlands was ratified.
Justice
and the Environment is the name of the book that C.M. Jariwala penned in 2004
and had published under his name. This book gives in-depth information on the
procedures used by courts when environmental disputes are brought before them.
It offers details on the many different kinds of petitioners, defendants, and contested
topics. This goal can be attained by increasing awareness of the time and
resources necessary to administer environmental justice and by disseminating
information about the resources required by the legal system. This book brings
to light individuals who were not previously recognised but who, over the
course of time, have either favourably or badly affected efforts to preserve
the environment. The decisions made by the Indian court are dissected in great
detail in order to demonstrate both the court's strengths and faults, as well
as the effects those decisions have on the surrounding environment. The purpose
of this research is to investigate the many aspects of the judicial system in
India and identify its strong and weak points.The United States Constitution,
which had previously been quiet on environmental issues, now adopts updated
environmental concepts and a perspective that is more relevant to the current
world as a direct result of judicial activism.
Concerns
relating to the environment in India (2008) R. Uma Maheshwari is the source of
this information. It is difficult to discover books on the environment that
track these issues through history; as a consequence, this book fills a hole in
the existing body of knowledge. With the exception of the writings of
individuals such as Ramachandra Guha, Madhav Gadgil, and the editor of this
collection, it is uncommon to find books on the environment. This book is an
excellent resource for readers who are not specialists in these domains but are
interested in learning about a wide variety of perspectives on the topics
discussed in this book. It is an essential resource for businesses that are
dealing with these problems but who seldom, if ever, consult historical
materials. This book devotes a sizeable portion of its content to an analysis
of the Narmada Bachao Andolan, which is without a doubt India's longest-running
dispute about dams and relocation. However, there is not a single comment that
adequately addresses the current situation of the Sardar Sarovar project. The
knowledge presented in this book that is regarded as being the "most
recent" on the subject dates back to the year 2001. It would have been
beneficial to highlight the lengthy arguments that took place inside the
movement, the divides that emerged, as well as the transition from
"anti-dam" to "rehabilitation and resettlement." Another
contentious construction project, the Polavaram dam, ought to have been
included in the plan. If this one single multipurpose project is allowed to
move forward, more than 276 villages and more than three lakh people would be
displaced from their homes; the vast majority of those displaced will be tribal
and dalit people.
Environmental
Law and Policy was published by Aruna Venkat in 2011 and was available. This
book provides a comprehensive explanation of the many aspects of environmental
legislation that may be found in India. It examines the Indian Constitutional,
Legislative, Administrative, and Judicial Strategies that Have Shaped the
Indian Environmental Jurisprudence in the perspective of the many worldwide
attempts to control pollution and protect the global environment. These
endeavours may be found in the setting of the Indian Environmental
Jurisprudence. This is done in the context of the several international
activities that are now underway to lower pollution levels and safeguard the
environment around the globe. The constitutional framework that has been
constructed in order to safeguard and protect the environment in India is
talked about in this article. When seen in this light, the book presents an
in-depth overview of India's administrative and judicial structure, in addition
to the most recent advancements in this field. The book's in-depth study of the
imaginative judicial enforcement of the constitutional and legislative
prescriptions, as represented in the catena of court opinions, including the
most recent one, constitutes the most notable and significant component of the
whole body of work. It is also the section that stands out the most. In
addition to this, it is the characteristic that stands out the most.
Current Situation and
Key Challenges
Compliance
Monitoring: According to the legislation, any facility that
contributes to pollution is needed to get a permission (permits) to establish (CTE)
and a consent to operate (CTO) from a particular SPCB. According to a
Notification issued by the MOEF in September 2006 and based on an environmental
impact assessment (EIA) report, a Prior Environmental Clearance (from the CPCB
for Category A or from an SPCB for Category B) is also required for certain new
industrial projects/activities or those planning major notifications. This
clearance must come from either the CPCB or an SPCB, depending on the category.
SPCBs are tasked with a number of important responsibilities, one of which is
monitoring and inspection. The frequency of on-site inspections to guarantee
compliance is determined both by the size of the industry (which is based on
the total amount of capital expenditure) and the possibility for pollution
(which is color-coded as red, orange, or green). In line with the national
Environmental (protection) Rules of 1986, each polluting plant is obligated to
prepare an environmental statement at the end of each fiscal year. This is to
be done in compliance with the national Environmental (protection) Rules.
Nevertheless,
this enforcement response has been demonstrated to be ineffective due to the
fact that trial and appellate courts are overburdened, processes are
time-consuming, and the resources available to state boards are stretched thin.
PCBs engage in a variety of activities to assist industry in achieving
compliance, some of which are as follows:
1)
Organising training and technical assistance;
2)
Developing industry-specific reports outlining problems;
3)
Assessing compliance; and
4)
Developing preventive and control options; distributing the charter on
corporate responsibility for environmental protection in the 17 categories of
highly polluting industries, which seek voluntary compliance beyond the
required standards;
Assessing
compliance; and 4) developing preventive and control options;
Efforts
are currently being made to increase environmental compliance in India, and
economic mechanisms are supporting these efforts. The primary economic tactics
are a reimbursement on water cessation fees, bank guarantees, subsidies for
pollution control equipment, and several other financial incentives.
CONCLUSION
Environmental
pollution places the human race in a precarious position because of the threat
it poses to the human race's capacity to live on Earth. These environmental
problems are not confined to the borders of any single nation and instead
affect people in every region of the globe. Concerns regarding the maintenance
and defence of the ecosystem all over the world have been brought to light as a
result of the widespread deterioration of the environment. As a direct
consequence of this, there are currently initiatives underway to increase
environmental consciousness among the general people. Education has the
potential to raise a person's awareness of the environment as well as their
comprehension of the problems facing the environment. The principles, rules,
case law, regulations, standards, resolutions, and other papers that are now in
existence combine to build up a huge and complicated system of paper and
authorities that are delegated to certain bodies or persons. One is compelled
to wonder how much of India's resources, wealth, energy, and intellect will be
spent on this task of regulation and control when it is taken into consideration
that the existing legislation is, however, also evidently very insufficient to
deal with the situation, and that much more may be required. One is forced to
question how much of India's resources, wealth, energy, and intelligence will
be spent on this work.
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People United For Better Living In Calcutta
v. East Kolkata Wetlands Management Authority, AIR 1993 Cal 215.