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CHAPTER - IIIFACTORS RESPONSIBLE FOR ENVIRONMENTAL

POLLUTION

The world is facing many problems at modern era. Environment

pollution is one of the most important problems in our world. India is not

exception. It has also many problems. Environment pollution is one of

them. Every problem has its factors so; environment pollution has also

many factors by which increased environment pollution. We mentioned in

details about factors responsible for environment pollution in this chapters.

As we know that one of the mayor threats that our environment is

facing to day is environment pollution. It is increasing with every passing

year. It is causing grave and irreparable damage to the atmosphere. The

mechanization of society, the urbanization, introduction of motorized

vehicles and the explosion of the human population have caused and

exponential growth in the increase of waste by products. The

indiscriminate discriminate discharge of untreated industrial and domestic

wastes into waterways, the “Throw way” attitude towards thousands of

bones of solid resulted in major environment disasters.

First up all we should know about environmental pollution.

“Environmental pollution means the presence in the environment of any

environmental pollutant.”1

‘Environmental pollutant’ means any solid liquid or gaseous

substances present in such concentration as may be, or tent to be injurious

to environment.2

1 Sec (2) The Environmental protection Act, 19862 See (2) ibid.

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“Environmental Pollution” is a term that refers to all the ways by

which people pollute their surroundings. People dirty the air with gases

and smoke, poison the water with chemical and other substances, and

damage the still with too many fertilizers and pesticides. It is one of the

most serious problems the humanity is facing to day.

The expression pollutes means “to get spoil or to make unclear or

impure or unhealthy.” The word pollution is derived from the Latin word

polluters, when means “defined or to make dirty or to pollute.”

The expression ‘pollution’ denotes “the presence of wrong matter in

wrong quantity and at wrong place.” It refers to a process, by which a

resources, material or man made is rendered unfit for some beneficial use

due to some physical, chemical or biological factors.

According to the Random House Dictionary of the English language

(1977), pollute means

a) to make fact or unclean, dirty;

b) to pollute the air with smoke;

c) to make impure or mostly unclear, defile, desecrate to soil.3

Pollution means the direct or indirect discharge by man of

substances or energy into aquatic environment resulting in hazard to

human health, harm is living resources and aquatic ecosystem, damage to

amenities or interference with other legitimate uses of water.4

In other words, pollution is a civil wrong, be its very native it is a tort

committed against the community as a whole. A person, therefore, who is

guilty of causing pollution, has to compensate for the damages for the

3 ibid p 1174 Halsbuny’s Law of England Vol. 38 (4th Edn.)

72

restoration of environment and ecology.5

Thus we can define to pollution according to above mentioned

definitions that pollution is the affection undesirable changes in our

surroundings that have harmful effects on plants, animals and human

beings. This occurs when only short-term economic gains are made at the

cost of long terms ecological benefits for humanity. No phenomenon has

led to greater ecological changes than has been made by mankind. During

the last few decades we have contaminated our air, water and land or which

life itself depends with a variety of waste products.

Pollutant can be classified as primary or secondary it means there

are two types of the pollutant.

Primary pollutant or secondary pollutant primary pollutant are

substances that are directly emitted in the atmosphere from sources. The

main primary pollutant known to cause harm in high enough construction

one the following carbon compounds, Nitrogen Compound, Sulpher

Compound, Halogen Compounds etc.

Secondary pollutants are not directly emitted from sources but

instead from in the atmosphere from primary pollutant, (also case

‘procurers’). The main secondary pollutants known to course are in high

enough constriction are the following NO2 and HNO3 from NO, Ozone

(O3) formed from photo-chemical reaction of nitrogen oxide.

Sulphoric Acid droplets formed from SO2 and Nitric Acid droplets

formed from NO2 Sulphate and Nitrates aerosols.

1. Factor responsible for Environmental pollution:

Factors of pollution and environmental degradation are of two

kinds:

5 Justified S. Saghir Ahmad (M.C. Mehta Vs. Kamalnath, 200, 6 sec, 2013)

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(i) Natural Factor and

(ii) Man Made Factor.

(i) Natural Factor:

Factors which are responsible by nature is called Natural

factor. As food, cyclone, earthquake, Drought, molten Lava of

volcano, hurricane, twister, torrents, epidemic are the main natural

factors which factors environmental pollution, since they are agents

of nature and man has no control over them, they are known as

natural factors.

(ii) Man-made Factors:

Pollution which made by human being is called man-made

factors. Such as poverty growth, deforestation, agricultural

development, industrial development, urbanization. Modern

Productive Technology (MPT).

"Environmental pollution" is a term that refers to all the ways

by which people pollute their surroundings. People dirty the air with

gases and smoke. Poison the water with chemicals and other

substances, and damage the soil with too many fertilizers and

pesticides. It is one of the most serious problems the humanity is

facing today.

2. Factors of Environmental Problems:

The "Environmental Crisis" caused due to environmental and

ecological changes which is the result of developmental process of the

"economic and technological man" of the present century. In fact, if

the present century is marked by socio-economic, scientific and

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technological development on the one hand, it is plagued by serious

problems of environmental problems on the other hand. The

environmental crisis arising out of the environmental deterioration

caused by several forms of pollution depletion of natural resources

because of rapid rate of their exploitation an increasing dependence

on energy consuming and ecologically damaging technologies, the

loss of habitats due to industrial, urban and agricultural expansion,

reduction and loss of ecological populations due to excessive use of

toxic pesticides and herbicides and loss of several species of plants

due to practice of mono culture and removal of habitats through forest

clearance has now become of global concern. The life of common

man is being: so rapidly adversely affected by environmental

degradation caused by man himself that "there has been a marked

growth of interest within the last decade in the quality of the

environment, -the disruption of the earth's natural ecosystems and the

depletion of resources."

The most striking reason of the environmental degradation and

hence global environmental crisis is the fact deteriorating relationship

between man arid environment because of rapid rate of exploitation of

natural resources, technological development and industrial expansion.

The rate of environmental change and resultant environmental

degradation caused by human activities has been so fast and widespread.

The impact of man on environment through his economic

activities are varied and highly complex as the transformation or

modification of one natural condition and process leads to a series of

change in the biotic and abiotic components of the environment. The

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impacts of man on environment fall into two categories viz. (i) direct

or intentional impacts, and (ii) indirect or unintentional impacts.

Direct or intentional impacts of human: activities are preplanned and

premeditated because man is aware of the consequence. Both positive

and negative, of any programme which is launched to change or

modify the natural environment for economic development of the

region concerned. The effects of anthropogenic changes in the

environment are noticeable within short period and these effects are

reversible because both before and after studies of possible effects

may enable the man to set the negative defects right to certain extent if

so desired and intended. On the other hand the indirect impacts of

human activities on the environment are not premeditated and

preplanned and these impacts arise from those human activities which

are directed to accelerate the pace of economic growth, especially

industrial development. The indirect impacts are experienced after

long time when they become cumulative. This indirect effect of

human economic activities may change the overall natural

environmental system and the chain-effects sometimes degrade the

environment to such an extent that this becomes suicidal for human

being. Main Factors behind the environmental problem areas follows:

(i) Poverty:

Poverty contributes equally to both – population growth and

environmental pollution. “Poverty” has been defined as “the inability of

an individual or household to attain a minimal standard of living.”6 The

poor usually have low life expectancy, high infant mortality, and higher

incidence of disablement and higher consumption of natural resources

6 Our Planet, Our Health, Report of the World Commission on Health and environment (1992) 38

76

in the form of food, folder and fuel. Unhygienic and insanitary

conditions are another by-product of poverty affecting human health.

“Poverty reduces people’s capacity to use resources in a sustainable

manner; it intensifies pressure on the environment.”

Sadly, the impoverishment of the poor is accompanied by

simultaneous and systemic erosion of the basic means of their sustenance,

the environment, with its life-supporting natural resources – land, water

and forest. It has now aptly been observed that we need no magnifying

glasses to see how inextricably the poor and poverty are linked to

environment.7

Planned and unbridled description of forests affected the poor,

non-medic groups and tribes in forests and who fulfill their fundamental

needs from the forest and its products. Thus, if trees disappear, rains will

be scarce, water resources will dry up, water table would go down – food,

fodder, and fuel will be not available and lastly, destruction of vegetation

means increased chances of drought and dry season. It may be slow but

definite destruction of human environment, because poor rural areas totally

depend upon forests and their products.

In urban area, problems and slums, pavement dwelling, insanitary

conditions, commotion, shortage of food, increased demand of coal, fire

wood and kerosene, shelter and energy are intimately connected with

poverty leading to environmental degradation and human health problem.

Therefore, the need of the times is some strategy including legal strategy to

contain the problem of poverty and to have sustainable development and

healthy environment.

7 Our Common Future, Report of the World Commission on Environment and Development (1987) 49

77

In Olga Tellis V. Bombay Municipal Corpn.,8 the Supreme Court

observed that before payment dwellers and slum dwellers are evicted they

must be provided alternative sites with basic amenities like water,

community latrines, paved streets and lighting as to guarantee wholesome

environment under the expanded horizon of the right to life.

(ii) Deforestation

Forests are invaluable property of nation because they

provide raw materials to modern industries, timber for building

purposes, habitats for numerous types of animals and

micro-organisms, good friable and nutrient-rich soils having high

content of organic matter, offer protection to soils by binding the

soils through the network of their roots and by protecting the soils

from direct impact of falling raindrops, they encourage and increase

infiltration of rainwater and thus allow maximum recharge of

groundwater resources; minimize surface runoff and hence reduce

the frequency, intensity and dimension of floods. They help in

increasing the precipitation, they are natural sink of carbon dioxide

because they use carbon dioxide to prepare their food during the

process of photosynthesis, and they provide firewood millions of

people all over the world and food and shelter to innumerable

humans and animals. In fact, forests are "life line" of a nation

because prosperity and welfare of the society directly depends on

sound and healthy forest cover of a nation concerned. Forests are

main component of the biotic components of the natural

environmental system and the stability of the environment and

8 (1985) 3 SCC 545; AIR 1986 SC r 80

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ecological balance largely depend on the status of the forests of the

region concerned.

It is a matter of serious concern that the present recommend

addressed economic man has forgotten the environmental and ecological

significance of natural vegetations mainly forests and grasslands, who has

destroyed the forests so rapidly and alarmingly that the forests areas at

global, regional and local levels have so markedly decreased leading to

several serious environmental problems such as accelerated rate of erosion

through rain splash, sheet wash, rill and gully erosion, increase in the

frequency and dimension of floods, greater incidence of drought due to

decrease in precipitation etc. have plagued the modern human society.

From ecological point of view, at least one third of the total geographical

area of a country should be under rich forest cover but this general rule of

environmental significance has been flouted in many of the countries

Deforestation has immediate adverse effects on soils and land because of

exposure of ground surface to high intensity rainfall.

The major causes of deforestation at global and regional levels are

conversion of forest land into agricultural land, shifting cultivation,

transformation of forests into pastures, overgrazing, forest fires,

lumbering, multi-purpose river projects, etc.

Deforestation gives birth to several problems encompassing

environmental degradation through accelerated rate of oil erosion, increase

in the sediment load of the rivers, siltation of reservoirs and river beds,

increase in the frequency and dimension of floods and droughts, changes in

the pattern of distribution of precipitation, intensification of greenhouse

effects, increase in the destructive force of the atmospheric storms etc.,

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economic loss through damages of agricultural crops due to increased

incidence of floods and draughts decrease in agricultural production

-because of loss of fertile top soils, decrease in the supply of raw materials

to the industries and building materials etc. Thus deforestation causes a

chain of effects which adversely affect the natural environment.

(iii) Agricultural Development

Agricultural development means expansion of agricultural

land, increase in agricultural productivity and net agricultural

production. It is due to development of modern scientific

techniques, advanced technologies, increased production and use of

chemical fertilizers, expansion in irrigational facilities, development

of high-yielding varieties of seeds etc. This has solved the problem

of growing demand of food due to ever increasing world population

on the one hand; it has also created or is creating hazardous

environmental problems of serious concern on the other hand. Thus

the modern "economic" and "technological man" is at the cross road

of dangers in all directions.

The agricultural development degrades the environment in a

variety of ways e.g. (i) through the application of chemical

fertilizers and pesticides and insecticides, (ii) through the increase in

irrigational facilities and amount of irrigation, (iii) by making

changes in biological communities etc.

Conversion of forest land into agricultural farms on sloppy

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ground accelerates rate of soil erosion. Increased agricultural

production means increase in agricultural land at the cost of

destruction of forest and consequent soil erosion, substantial

increase in the productivity of land through the practice of intensive

cultivation, increased use of machines and modern scientific

techniques, application of chemical fertilizers, pesticides,

insecticides and herbicides, increase in the frequency and area of

watering of agricultural fields etc. All these processes and measures

of increased agricultural development cause several serious

environmental problems; it appears that the root-cause of all these

environmental problems arising out of agricultural development is

the increase of human population at alarming rate. So the foremost

step to be taken is to stop population growth because if population

continues to grow agricultural development has to be maintained.

(iv) Population growth

Growth of human population at alarming rate is the most

significant cause of the lowering of environmental quality and

ecological balance. For example, industrial expansion, urban growth

agricultural development, increase in means of transport and

communication etc. are the results of population growth because the

people must generate better facilities for their existence and better

life. The development of scientific techniques and advanced

technologies has to be done in order to save the humanity from

hunger and natural calamity and disaster. Thus it is obvious that

overpopulation is the root cause' of environmental degradation and

ecological imbalance. The Increase In population means more

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exploitation of natural resources which means inauguration of new

environmental problems.

(v) Industrial Development

Rapid industrial development has given economic prosperity

to human society has given new dimension to socio-economic

structure and' has provided material comfort to the people of

industrially developed countries but it has also created many fold

environmental problems. In fact, the glittering effects of

industrialization have affected the mind of the general public that

industrialization is now being considered as the parameter of

modernity and as a necessary element of socio-economic

development of a nation.

Rapid rate of industrialization resulted into rapid rate of

exploitation of natural resources and increased industrial output.

Both the components of industrial development e.g. exploitation of

natural resources and industrial production have created several

lethal environmental problems and have caused large-scale

environmental problems and ecological imbalance at global,

regional and local levels in a variety of ways. Exploitation of natural

resources in order to meet the industrial demand of raw materials has

resulted into (i) the reduction of forest covers due to reckless felling

of trees, (ii) excavation of land for mining purposes, (iii) reduction

IS arable land due to industrial expansion, (iv) lowering of

groundwater table due to excessive withdrawal of groundwater, (v)

collapsing of ground surface due to withdrawal of mineral oil and

groundwater etc.

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Besides desired production there are numerous undesired outputs

from the factories such as industrial wastes, polluted water, toxic gases,

chemical precipitates, aerosols, ashes and smokes etc. which pollute air,

water, land, soils etc. and thus degrade the environment. The industrialized

countries have increased the concentration of pollutants emitted from the

factories in the air, water and land due to such an extent that they have

degraded the environment to the critical limit and have brought the human

society on the brink of its destruction.

The adverse effects of industrialization may change the overall

character of natural system and the chain effects sometimes become

suicidal for human society. Majority of the impacts of industrialization are

related to pollution and environmental degradation. The release of toxic

elements into the environment through the application of chemical

fertilizers, pesticides and insecticides (output of chemical industries)

changes the food chains and food webs and physical and chemical

properties of soils. Similarly, the release of industrial wastes into stagnant

waters of ponds, tanks and lakes into rivers and seas contaminates water

and causes several diseases and deaths of organisms and thus disturbs

ecological balance of aquatic ecosystems.

Increasing industrial expansion is responsible for the release of

enormous quantities of pollutants (e.g. ions of chlorine, sulphate,

bicarbonate, nitrate, sodium, magnesium, phosphate etc.) through sewage

effluents into the rivers and the lakes and thus for contaminating the water.

Release of several gases, smokes, ashes and other aerosols from the

chimneys of the factories adversely affects the environment in a number of

ways. The burning of hydrocarbon fuels (coal and petroleum) has

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increased the concentration of C02 in the atmosphere and thus has changed

the natural gaseous composition of the atmosphere. The increase in the

concentration of C02 content of the atmosphere may change global

radiation and heat balance by increasing the level of sensible heat in the

atmosphere because C02 intensifies the greenhouse effect of the

atmosphere as C02 allows the solar radiation to pass through the

atmosphere and reach the earth's surface but stops the outgoing long wave

terrestrial radiation from escaping to the space release of

chlorofluorocarbon in the atmosphere causes depletion of ozone layer.

Depletion in ozone layer means less absorption of ultraviolet solar rays and

thus substantial increase in the temperature at eh earths’ surface. Thus

changes in the global radiation and heat balance caused due to increase in

the concentration of carbon dioxide in the atmosphere and depletion of

ozone layer may cause changes in weather and climatic conditions at

global and regional levels, may cause severe damages to plant and animal

lives and thus may cause ecological imbalance, may cause dangerous

diseases like skin cancer etc.

Release of toxic gases through advertent arid inadvertent actions of

man causes environmental hazards which destroy all types of life forms in

the affected areas. The Bhopal Gas Tragedy (December, 3-4, 1984, India)

is an example of disastrous effects of modern industrialization. Acid rains,

urban smog, nuclear holocaust etc. are the other forms of environmental

hazards emanating from industrialization.

(vi) Urbanization

Exodus of population from rural areas to urban centers and

origin and expansion of new urban centers due to industrial

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expansion and development are responsible for rapid rate of

exploitation of natural resources and several types of environmental

degradation and pollution in the developed and developing

countries. The level of urbanization in the developed countries of the

world has already reached its peak. The accumulation of wealth and

availability of more economic and job opportunities in the urban

centers have resulted into the concentration of population in the

congested metropolitan areas and thus the formation and growth of

big slum areas.

In fact, increasing urbanization means increase In the concentration

of human population in limited space which results in the increase of

buildings, roads and streets, sewage and storm drains, vehicles (motor cars,

truck, buses, motor cycles etc.) number of factories, urban wastes,

aerosols, smokes and dusts, sewage waters etc. which cause several

environmental problems. For example, increasing population of the urban

centers uses enormous amount of water for various purposes. The used

waste water like sewage water, if untreated, pollutes the streams and lakes

because the urban effluents are allowed to be drained into them.

Urban centers when combined with industrial sectors become more

hazardous from the standpoint of environmental problems and pollution.

Huge quantity of aerosols and gases is emitted from chimneys of factories

and vehicles which from ‘Dust Domes’ over the cities. These ‘Dust

Domes’ causes ‘Pollution Domes’ over the cities. The urban and industrial

growth has resulted into rapid rate of deterioration of the quality of air

because of heavy pollution of air through gases and aerosols emitted from

the vehicles, factories and house hold appliances. About 60 percent of the

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pollution of Indian capital city of Delhi is contributed by vehicles. Calcutta

and Bombay metropolitan areas have also reached high level of air

pollution. Ac-cording to the survey, report of the National Environmental

research Institute, Nagpur (India), the level of air pollution in Delhi,

Calcutta, Bombay, Madras, Ahmedabad, Coachin, Hyderabad, Kanpur,

and Nagpur etc. has gone up. Besides industrial wastes from industrial

cities, huge quantity of urban solid wastes also creates environmental

problems. The quantity of urban solid wastes is rapidly increasing with

urban expansion and growth in urban population.

(3) Effect of Environmental Pollution:

(i) Effect of Air Pollution:

The atmosphere is a gaseous envelope which surrounds the earth

from all sides and the air is a mechanical mixture of several gases, mainly,

nitrogen (78.09%), oxygen (20.95%), argon (0.93%) and carbon dioxide

(0.03%). Besides, other trace gases like neon, krypton, helium, hydrogen,

xenon and ozone are also present. Air is very important for all types of life

in the biosphere.

It may be pointed out that air IS never pure because some gases such

as sulpher dioxide, hydrogen sulphide, carbon monoxi'de, emissions from

volcanoes and swamps, windblown dusts pollens from plants etc. are

continuously added to the air by the natural process. Thus the air becomes

polluted when its-natural composition is disturbed either by natural or

man-made sourced or by both.

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"Air pollution" means the presence in the atmosphere of any air

pollutant.9 “Air pollutant” means any solid, liquid or gaseous substance

(including noise) present in the atmosphere in such concentration as may

be or tend to be injurious to human beings or other living creatures or

plants or property of environment.10

Air pollution is generally accomplished through the pollutants of

gases, solid and liquid particles of both organic and inorganic chemical.

Major sources of air pollution are natural sources (volcanic eruption,

deflation of sands and dusts, wild fires of natural vegetation etc. and

man-made sources (industries, urban centers, automobiles, aircrafts,

agriculture, power, plant etc.). Air pollution may be divided on two bases

viz. (i) on the basis of types of pollutants and (ii] on the basis of sources of

pollutants. Air pollution is primarily caused through rapid rate of

industrialization and urbanization.

a) Carbon Monoxide (CO)

The major source of the production of carbon monoxide (CO)

is incomplete burning of fossil fuels like coal and petroleum and

wood charcoal. The automobiles using diesel and petroleum are the

major sources of carbon monoxide. Besides, carbon monoxides are

also produced from oil refineries, metallurgical operations and

numerous combustion engines. It is apparent that urban areas and

industrial centers are the more significant contributors of carbon

monoxide because they account for the largest number of

automobiles and industries. Carbon monoxide constitutes about 50

9 Sec 2(b), Air (Prevention and control; of pollution) Act. 198110See 2(a), Air (Prevention and control of Pollution] Act, 1981.

87

percent of the total air pollutants. It may be noted that carbon

monoxide is not toxic to plants but it causes respiratory problem and

suffocation, when inhaled, in the human bodies.

b) Carbon Dioxide (CO2)

Carbon dioxide gas is one of the natural gaseous components of the

atmosphere and in itself it is not harmful to human health rather it IS

a resource because plants manufacture their food through the

process of photosynthesis by using carbon dioxide (C02) in the

presence of sunlight and it is the food manufactured by green plants

upon which depend all organism including man. The content of CO2

in the atmosphere is increasing at an alarming rate because of two

major factors viz. (i) release of CO2 due to burning of fossil fuels

(coal and petroleum) at ever increasing rate and (ii) gradual decrease

in the consumption of CO2 because of shrinking forest covers due to

rapid rate of deforestation.

The higher concentration of carbon dioxide In the atmosphere

Increase the "Greenhouse Effect" of the atmosphere and thus

increases the temperature of the earth's surface because carbon

dioxide is more or less transparent to incoming shortwave solar

radiation and the thus allows the solar radiation to pass through the

atmosphere and reach the earth's surface but stops the outgoing long

wave terrestrial radiation from escaping to the space.

The increasing content of atmosphere carbon dioxide from

anthropogenic sources is expected to have far reaching effects on

global climate through gradual rise in temperature. Rise in

temperature because of increased "Greenhouse Effect" caused by

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increased content of atmospheric' carbon dioxide would cause

decrease in precipitation and soil moisture content in the most

developed agricultural regions of the world. If the concentration of

atmospheric carbon dioxide goes on increasing the oceans would be

overburdened to absorb the additional carbon dioxide which would

result in the gradual increase in the oceanic acidity. Increased

oceanic acidity would decrease biological productivity of the marine

ecosystems and thus decreased planed covers in the oceanic areas

would change the albedo of the ocean surface.

c) Chlorofluorocarbons (CFC) and Ozone (O3) Depletion:

The chlorofluorocarbons, popularly known as CFCs, belonging to

the category of chemicals synthesized by man for use in several

kinds of industries including refrigeration, are relatively simple

compounds of the elements Chlorine, fluorine and Carbon and are

initially stable compounds which do not have any toxic effect on life

process in the biosphere at the ground level. It may be pointed out

that the air is being increasingly populated due to release of CFCs in

the atmosphere. Thus the depletion of ozone due to increased

concentration of chlorofluorocarbons (CFCs) is one of the most

dangerous forms of air pollution.

Thus the ozone depletion caused by increased concentration

of chlorofluorocarbon would adversely affect the global climate,

biotic communities and human beings. The substantial increase in

the surface temperature of the earth would cause climate changes at

regional and global levels. The increases surface temperature and

exposure of human bodies to increased ultra-violet solar radiation

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would cause skin cancer. Increased exposure of human bodies to

ultraviolet solar radiation would decrease immunity of human body

against infectious diseases.

d) Methane (CH4)

The major source of the production of methane, which

belongs to the category of greenhouse gases, is anthropogenic

activities, such as burning of biomass and fossil fuels (coal,

petroleum and natural gas). Concentration of methane gas in the

stratosphere increases water vapour there and thus increased water

vapour together with other factors intensifies greenhouse effect of

the atmosphere which causes rise in the temperature of the earth's

surface.

e) Sulphur Dioxide (SO2):

Sulphur dioxide gas (SO2) is produced by both natural and

man made sources. After carbon monoxide (CO), sulphur dioxide is

the second most important contributor of air pollutants as it accounts

for about 29 percent of the total weight of all air pollutants. It may be

pointed out that sulphur is essential element for both plants and

animals only in trace amount but when concentration of sulphur

increases in the atmosphere, it becomes, injurious to both plants and

animals because increased concentration of sulphur increases the

acidity of water and lowers the pH of water significantly. The major

man-made sources of sulphur dioxide are thermal power plants

(where huge amount of coal is burnt to generate power), crude oil

refineries and automobiles which together account for 50 percent of

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total S02 pollution from man originated sources.

Sulphur dioxide' (SO2) through the photochemical reactions

with atmospheric oxygen (O2) and with water films on suspended

particulates produces sulphuric acids (H2SO4) which is highly

corrosive and leading culprit to human health and wealth. Sulphuric

acids coming down with rainfall cause ACID RAIN having very low

pH value ranging between 5 and 2.5. Acid rain IS very dangerous

hazard as it causes irreparable damage to agricultural crops, forests,

aquatic life and human bodies. It corrodes buildings, pollutes

drinking water, storage sources, and degrades soil biological

processes. The sulphur content present in coal and petroleum gets

converted into sulphur dioxide (SO2) on burning. This sulphur

dioxide after combining with smoke over urban and industrial areas

forms poisonous SMOG which causes respiratory diseases in human

body and sometimes causes deaths.

f) Nitrogen Oxide (NO):

A few oxides of nitrogen such as nitric oxide (NO), nitrogen oxide

(N2O), nitrogen dioxide (NO2) etc. are important air pollutants.

Nitrogan oxides are formed through natural processes as well as

through man induced processes. The main sources of man originated

nitrogen oxides are thermal power station, factories, automobiles

and aircrafts. In other words, nitrogen oxides are released to the

atmosphere through the burning of coal and petroleum. According

to an estimate each ton of coal after burning produces between 5 to

10 kilograms of nitrogen dioxide whereas one ton of -diesel and

petroleum consume by transport vehicles releases 25 to 30

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kilograms of nitrogen dioxide.

High concentration of nitric oxide causes several diseases in

human bodies such as gum inflammation, internal bleeding, oxygen

deficiency, pneumonia, lung cancer etc.

There was escape of oleum gas from one of the units of Shriram. On

4th and 6th December, 1985 and applications were filed by the Delhi Legal

Aid and Advice Board and the Delhi Bar Association for award of

compensation to the persons who has suffered harm on account of escape

of oleum gas.

The Supreme Court held that where and enterprise is engaged in a

hazardous or inherently dangerous activity and harm results to anyone on

account of an accident in the operation of such hazardous or inherently

dangerous activity resulting for example, in escape of toxic gas the

enterprise is strictly and absolutely liable to compensate all those who are

affected by the accident and such liability is not subject to any, of the

exceptions which operate vis-a-vis the tortuous principle of strict liability.

In such a case, the measure of compensation must be correlated to the

magnitude and capacity of the enterprise because such compensation must

have a deterrent effect. The larger and more prosperous the enterprise, the

greater must be the amount of compensation payable by it for the harm

caused on account of an accident in the carrying' on of the hazardous or

inherently dangerous activity by the enterprise.

The following statement of Bhagwati. C.J., which laid down the new

principle, may be noted.

"We are of the view that an enterprise which is engaged in

hazardous or inherently dangerous industry which poses a potential threat

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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 activity 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 that the harm occurred without

any negligence on its part.”11

The Supreme Court took a bold decision holding that it was not

bound to follow the 19th century rule of English law, and it could evolve a

rule suitable to the social and economic conditions prevailing in India at

the present day. It evolved the rule of Absolute Liability as part of Indian

Law in preference to the rule' of strict liability laid down in Rylands Vs.

Flethcher (1868). It expressly declared that the new rule was not subject to

any of the exceptions under the rule in Rylands Vs. Fletcher.

Union Carbide Corporation Vs. Union of India12

The Bhopal Gas leak Tragedy that occurred at midnight on 2nd

December, 1984, by the escape of deadly chemical Iumes. Methyl

Iso-cynate, from the appellant’s pesticide factory was a horrendous

industrial mass disaster, unparalleled in its magnitude and devastation and

remains a ghastly monument to the dehumanizing influence of inherently

dangerous technologies. The tragedy took an immediate toll 0[2660

11 AIR 1987 SC 108612 AIR 1"990 SC 273

93

innocent human lives and left tens of thousands of innocent citizens of

Bhopal physically impaired or affected in various degrees. What added

grim oignance to the tragedy was that the industrial enterprise was using

Methyl Iso-cynate a lethal toxic poison, whose potentiality for destruction

of life and biotic communities was apparently, matched only by the lack of

a prepackage of relief procedures for management of any accident based

on adequate scientific knowledge as to the ameliorative medical

procedures for immediate neutralization of its effects.

The matter concerns the interests of a large number of victims of a

mass disaster. The Court directed the settlement with the earnest hope that

it would do them good and bring them immediate relief.

M. C. Mehta Vs. Union of India13

Taj Mahal degradation due to pollution, emrssion generated by

coke/coal using industries in Taj trapezium found to be main polluters. The

Supreme Court issued the direction to 292 industries located and operating

in Agra to changeover within fixed time soherhrle to natural gas industrial

fuel or stop functioning with coal/ coke and get relocated. Industries not

applying for gas or relocation to stop functioning with coal/ coke from

30.04.1997.

In M/s Adrash Brick Kiln Industry v. Chairman of Prevention and

Control of Pollution and Control Water and Others14 a brick kiln with a

fixed chimney was being run by the petitioner within 100 meters of village

13 AIR 1997 SC 73414 AIR 2004 ALL 58

94

population. It was challenged by one sir Kamlesh Singh before the high

court. A division bench of the Court by its order directed the Pollution

control Board to dispose of his representation in accordance with law. The

board then inspected the site and found that the brick kiln has been

established without informing the board and taking no objection certificate

from the UPCB, which is an offence under section 37/39 of the Air Act. It

was also found that the regional office at Varanasi had rejected an

application for issuing no objection certificate on 18.04.2001. The

petitioner was directed to close the brick kiln and change the site after

applying for a no objection "Certificate in accordance with law.

The appellate-authority stayed closure and directed relocation of

kiln considering renewal of license by the zila parishad and investment

made by the petitioner. The petitioner gave an undertaking to relocate the

kiln before 30.06.2002 upon which the appellate authority stayed the

operation of the order dated 18.04.2001 up top 30.06.2002. The petitioner

challenged the order after one year reaping benefit under it. The high court

dismissed the petition on the ground that having accepted the said order the

petitioner can not be allowed to challenge the same on the same on the

same facts.

g) Closure of illegal and unauthorized slaughter houses

In M.C. Mehta v. Union of India15 the Supreme Court directed

closure of slaughter houses located near Taj Mahal and new slaughter

houses were proposed to be located at Kuberpur, Agara. The Rajasthan

High Court in Residents of Sanjay Nagar and others v. State of

15 2002, 9 SCC 74

95

Rajasthan and others16 relying on the principles laid down in Mehta

ordered the immediate closure of the unauthorized and illegal 'slaughter

houses and illegal skin stores and said that the dislocated persons could

move the concerned authorities for allotment of land in the area which

may have been earmarked for setting up of the slaughter houses. Thus

the court came to the rescue of affected citizens and prevented the

pollution caused by slaughtering of animals and strong smell emanating

from the area when all the authorities namely the State of Rajasthan.

Municipal Council Board and Superintendent of Police despite their

confirmed views that the slaughter houses should be closed feigned their

helplessness in the matter.

(ii) Effect of Water Pollution

Water is the most important element in the biosphere because on the

hand it is vital for the rnaintaince of all forms of life and on the other hand

it helps in the movement, circulation and cycling of nutrients in the

biosphere. Water is also essential for power generation, navigation,

irrigation of crops, disposal of sewage etc. Increasing population and

industrial expansion has degraded the quality of water considerably.

Water pollution may be defined as "alteration in physical, chemical,

biological characteristics of water which may cause harmful effects on

human and aquatic life."17

"Water Pollution" means such contamination of water or such

alteration of the physical, chemical or biological properties of water or

such discharge of any sewage of trade effluent or of any other liquid,

16 AIR 2004 RAJ 116

17 Report, 1965, Restoring the quality of our Environment, President's science Advisory committees

96

gaseous or solid substance into water (whether directly or indirectly) as

mayor is likely to, create a nuisance or render such water harmful or

injurious to public health or safety, or to domestic, commercial, industrial,

agricultural or to the legitimate uses, or to the life and health of animals or

plants or of aquatic organisms.18

The substances which degrade the quality of water are called water

pollutants. The water pollutants are created from two basic sources e.g.

(i) Natural Sources: - of water pollutants include soil erosion,

landslides, coastal and cliff erosion, volcanic eruption and decay

and decomposition of plants and animals,

(ii) Anthropogenic Sources: - it is the anthropogenic sources which are

the real sources of water pollution. The anthropogenic sources of

water pollution include industrial source, urban source,

agricultural source etc.

Urban source contributes water pollutants such as sewage, huge

quantity of municipal and domestic garbage’s, industrial effluents from the

industrial units located in the urban centers, fallout of particulate matter of

automobile exhausts etc.

Industrial sources pollute streams, rivers lakes and coastal waters

through industrial effluents. Solid and dissolved chemical pollutants and

numerous metals. Besides, fallout of radioactive substances is very

dangerous source of air and water pollution. Various types of chemical

used in the chemical fertilizers, pesticides and herbicides etc. are the

pollutants which are derived from agricultural sources. These chemicals

substances are brought to the rivers and lakes through surface runoff

18 See 2 (c) water (Prevention and control of pollution) Act, 1974

97

caused by rainfall and are also moved downward by infiltrating rainwater

to reach groundwater.

The water pollution is assessed on the basis of certain parameters

e.g. (i) Physical, {ii) chemical and (iii) biological parameters. Physical

parameters used to ascertain the quality of water include temperature,

colour, odour, turbidity, conductivity, density, suspended, dissolved and

total solids. Chemical parameters include nature and amount of soluble

salts, hardness of water, acidity and alkalinity of water, dissolved oxygen

(DO), Biological Oxygen Demand (BOD), Chemical Oxygen Demand

(COD), Concentration of Hydrogen Ion (pH), amount of ammonia, nitrate

and nitrites, amount of heavy metals, mercury, lead, chromium, chlorides,

pesticides, insecticides, detergents etc. Biological parameters are bacteria;

coli form MPN, algae, Viruses etc. Generally, Biological Oxygen Demand

(BOD), Chemical Oxygen Demand (COD), Dissolved Oxygen (DO), Coli

form MPN and pH value are important indicators of water quality.

Water pollution may be divided on the basis of sources and storage

of water into (a) surface water pollution, (b) lake and sea water pollution.

And (c) groundwater pollution. Water pollution may also be divided on the

basis of sources of water pollution e.g. (a) sewage pollution, (b) domestic

waste pollution, (c) industrial waste water pollution, (d) solid waste

pollution etc.

(a) Surface water pollution:

Surface water includes river water, lake water and pond water. The

major sources of river water pollution are industries, urban centers,

agriculture and other human activities. Discharges of urban : sewage water,

98

industrial effluents carrying industrial waste water, washing and dumping

of industrial solid wastes, non-degradable and long lasting pollutants from

lather tanneries, sugar factories, meat - packing, distilleries etc. into nearby

rivers pollute the water of streams and rivers.

River pollution is caused in two ways e.g. (i) point pollution and (ii)

non point pollution. The main sources of point pollution of river waters are

industries and urban centers where in pollutants are discharged into the

rivers through urban sewage drains and industrial effluents at specific

points (outfall points) at the river banks. Non-point pollution of river water

involves discharge of pollutants mainly from agricultural fields through

surface runoff.

Increasing urbanization and industrial expansion are responsible for

the release of enormous quantities of pollutants of various kinds through

sewage effluents into the rivers and lakes and thus contaminating the water

beyond permissible safety level. Most of the Indian rivers receiving urban

and industrial effluents are heavily polluted due to point pollution at least

and downstream of the big cities and industrial centers.

M. C. Mehta Vs. Union of India19

Where in a public interest litigation owners of some of the tanneries

discharging effluents from their factories in Ganga and not setting up a

primary treatment plant in spite of being asked to do so for several years

did not care in spite of notice to them even to enter appearance in the

Supreme Court to express their willingness to take appropriate steps to

establish the pre-treatment plants it was held that so far as they were

concerned an order directing them to stop working their tanneries should

19 AIR 1988 SC 1037

99

be passed.

It was observed that the effluent discharged from a tannery is ten,

times noxious when compared with the domestic sewage water which

flows into the river from any urban area on its bank.

It was further observed that the financial capacity of the tanneries

should be considered as irrelevant while requiring them to establish

primary treatment plants. Just like an industry which cannot pay minimum

wages to its workers cannot be allowed to exist, a tannery which cannot set

up a primary treatment plant cannot be permitted to continue to be in

existence for the adverse effect on the public at large.

M. C. Mehta Vs. Union of India20

The petitioner had filed writ petition for prevention of nuisance

caused by the pollution of the river Ganga. No doubt, the petitioner is not a

riparian owner. He is a person interested in protecting the lives of the

people who make the use of the water flowing in the river Ganga and his

right to maintain the petition cannot be disputed. The nuisance caused by

the pollution of the river Ganga is a public nuisance which is widespread in

range and indiscriminate in its effect and it would not be reasonable to

expect any particular person to take proceedings to stop it as distinct from

the community at large. The petition was, therefore, entertained as public

interest litigation.

On the facts in the circumstances of the case/the view of the

Supreme Court that the petitioner is entitled to move this court in order to

enforce the statutory provisions which impose duties on the municipal

20 AIR 1988 SC 1115

100

authorities and the Boards constituted under the Water Act.

On account of their failure to obey the statutory duties for several

years the water in the river Ganga at Kanpur has become so much polluted

that it can no longer be used by the people either for drinking or for

bathing. The Nagar Mahapalika of Kanpur has to bear the major

responsibility for the pollution of the river near Kanpur city.

Municipal Council, Ratlam vs. Vardhichand21

Residents of a locality within limits of Ratlam Municipality

tormented by Stench and stink caused by open drains moved the

Magistrate under Section 133 of Criminal Procedure Code to require

Municipality to do its duty towards the members of the public. In this case

the main problem was that the open drains carrying filth and dirty water of

alcohol plant emanating obnoxious smell was flowing openly through the

inhabited area, polluting the environment and providing a breeding place

to mosquitoes. Another problem was that half constructed drain was also

passing through the locality and its filthy water was overflowing,

accumulating in the pits, providing obnoxious smell making the breathing

difficult and also harming the foundation of houses. Drains in the locality

were not proper wherein the water could flow smoothly. The Magistrate

gave directions to Municipality to draft a plan within six months for

removing nuisance. The High Court and The Supreme Court affirmed the

magistrate's order nuisance. The High Court and Supreme Court affirmed

the magistrate's order.

(b) Lakes and Sea Water Pollution:

Lakes are also polluted through natural and anthropogenic sources.

21 AIR 1980 SC 1622

101

Siltation of lakes due to dumping of enormous quantities of sediments

derived through accelerated rate of soil erosion caused by rapid rate of

deforestation in hilly source areas of the streams IS the major form of

anthropogenic source of lake pollution.

Washing and dumping of tailings or waste sledges from factories

into stagnant water of lakes and tanks pollute them more than they -pollute

the rivers because the river is mobile while the- lake water inmost cases is

stagnant. If the concentration of a single matter becomes very high, it may

become a killing factor and the water so contaminated may turn into "killer

water". For example, increase in the concentration of asbestos in the lake

water causes lung cancer in human beings and the killer disease is called

"Asbestosis".

Inorganic nutrients from the agricultural fields are also brought to

the lakes by surface runoff, Rivulets, streams and rivers. Besides nitrates,

phosphates and organic matters are contributed by sewage treatment

plants. Similarly, toxic chemicals form factories enter the lake water. The

abundance of nutrients causes uncontrolled growth of plants and animals

while increased concentration of toxic chemicals causes deaths of aquatic

organisms resulting into considerable decrease in lake populations.

Sea water is polluted mostly near the coast through the disposal of

urban and industrial waste matters into the coast water. Concentration of a

single matter in the littoral water causes serious environmental problems.

For example, concentration of mercury in the Minamata Bay (Japan) due to

dumping of mercury rich sledges from Minamata City into the bay caused

severe mercury-poisoning. The resultant disease known as "Minamata

Disease" claimed several lives in the city of Japan in early 1950's.

102

Dumping of industrial wastes, urban effluents and toxic chemicals into the

coastal water leaves adverse effects on many marine organisms.

Leakage of immense quantities of crude oils from oil tankers and

offshore oil wells is a major source of sea water pollution. Leaked crude oil

rapidly spreads on water surface as Oil Slicks and makes the water

poisonous with the result numerous sea organisms including invaluable

fishes die. Thus oil leakage causes ecological disaster in the coastal

ecosystem.

Ambuga Petrochemicals Ltd. Vs. A. P. Pollution Control Boards22

Effluents treatment plant of industry' was not in operation and the

effluents were discharged, joining in tank thereby causing water pollution

in the tank resulting in danger to public life. The High Court of A.P. held

that the order by authorities directing closure of industry was not

shockingly disproportionate and excessively severe.

(c) Groundwater Pollution:

Groundwater is polluted through a variety of sources viz. leaching

and downward movement of pollutants from agricultural field (such as

nitrates; phosphorous, potash and several insecticides and pesticides), from

industrial dumping areas, from urban and rural garbage, from earthen

septic tanks and from polluted ponds and tanks. The dissolved chemical

pollutants are moved downward with percolating water (the process

known as leaching) to meet the groundwater resource and thus

22 AIR 1997 AP 41

103

groundwater is polluted which is readily reflected in the polluted water of

dug-wells. Similarly, pollutants are leached downward from the municipal

dump sites of city garbage. The pollutants which move downward with

percolating water are called leachates. The leached pollutants are seldom

stationary in the ground water rather they move in the aquifers with the

movement of groundwater as guided by groundwater contour. Several

cases of pollution of groundwater mainly the water drawn up by hand

pumps and from wells have been reported almost from all countries of the

world whether developed or developing. The recent incident of pollution

of groundwater due to toxic chemicals discharged by Patancheru industrial

complex. About 30 km away from Hyderabad city, in Medak district of

Andhra Pradesh is a burning example of pollution of groundwater by

human activities. Underground cavities caused by excessive pumping of

water from groundwater reserves in the cities located near the sea coast

result in contamination of groundwater because of leakage of saline

sea water into the cavities.

Water pollution causes irreparable damage to both plants and

animals including man. The most sufferers are human beings and

micro-organisms. Polluted water is the major cause for the spread of r

epidemics and several dangerous diseases such as cholera, tuberculosis,

jaundice, dysentery, typhoid, paratyphoid, diarrhea etc. The use of water

polluted with solid minerals for drinking purpose causes fatal diseases. For

example, the consumption of water contaminated by fibers as asbestos

causes lung cancer and stomach diseases called as Asbestosis; Water

Polluted with Mercury Causes Minamata Disease etc. Water pollution

mainly caused by toxic chemicals cause’s deaths of aquatic organisms

104

including both plants and animals. The use of polluted water of rivers lakes

and ponds and even polluted groundwater for irrigating agricultural fields

severely damages crops and decreases agricultural production. Heavily

polluted water also pollutes soils, decreases their fertility and kills soil

micro-organisms such as useful bacteria. The use of water contaminated

with salts increases alkalinity in the soils. On the other hand, increase in the

concentration of toxic chemicals and harmful metals in different water

bodies’ cases elimination of plants in general and animals in particular due

to their sudden death. Contamination of sea water due to oil slicks is

resulting from leakage of crude oils from huge oil tankers and due to

discharge of industrial and urban wastes because ecological disasters in the

littoral ecosystems because of mass deaths of sea organisms including

fishes.

(iii) Effect of Noise Pollution

Noise may not see as harmful as the contamination of air or water,

but it is a pollution problem that affects human health and can contribute to

a general deterioration of environmental quality.

Noise is undesirable and unwanted sound. Not all sound is noise.

What may be considered as music to one person may be noise to another! It

is not a substance that can accumulate in the environment like most other

pollutants. Sound is measured in a unit called the 'decibel' (db).

There are several sources of noise pollution that contribute to both

indoor and outdoor noise pollution. Noise emanating from factories,

vehicles and playing of loud speakers during various festivals can

105

contribute to outdoor noise pollution, while loudly played radio or music

systems, and other electronic gadgets can contribute to indoor noise

pollution. A study conducted by researchers from the New Delhi based

National Physical Laboratory show that noise generated by firecrackers

(presently available in the market) is much higher than the prescribed

levels. The permitted noise level is 125 decibels, as per the environment

(Protection) (second amendment) Rules, 1999.

The differences between sound and noise IS often subjective and a

matter of personal opinion. There are however, some very harmful effects

caused by exposure to high sound levels. These effects can range in severity

from being extremely annoying to being extremely painful and hazardous.23

Decibel levels of common sounds

Db Threshold of hearing

10 Rustle of levels

20 Broadcasting studio

30 Bedroom at night

40 Library

50 Quiet office

60 Conversational speech (at 1 m)

70 Average radio

74 Light traffic noise

90 Subway train

100 Symphony orchestra

110 Rock band

120 Aircraft takeoff

146 Threshold of pain

23 Supra Note 1 P133

106

The most direct harmful effect of excessive noise is

physical damage to the ear and the temporary or permanent

hearing loss often called a 'temporary threshold shift' (TIS).

People suffering from this condition are unable to detect

weak sounds. However, hearing ability is usually recovered

within a month of exposure. In Maharashtra, people living

in close vicinity of Ganesh Mandals that play blaring music

for ten days of the Ganesh festival are usually known to

suffer from this phenomenon. Permanent loss, usually

called 'noise-induced permanent threshold shift' (NIPTS)

represents a loss of hearing ability from which there is no

recovery.24

Below a sound level of 80 db hearing loss does not

occur at all. However, temporary effects are noticed at

sound levels between 80 and 130 db. About 50% of the

people exposed to 95 db sound levels at work will develop

NIPTS and most people exposed to more than 105 db will

experience permanent hearing loss to some degree. A sound

level of 150 db or more can physically rupture the human

eardrum.

The degree of hearing loss depends on the duration as

well as the intensity of the noise. For example, 1 hour of

exposure to a 100 db sound level can produce a TTS that

24 5Pra Note 1 P134

107

may last for about one day. However, in factories with noisy

machinery, workers are subjected to high sound levels for

several hours a day. Exposure to 95 db for 8 hours everyday

for over a period of 10 years may cause about 15 db of

NIPTS. In addition to hearing losses, excessive sound levels

can cause harmful effects on the circulatory system by

raising blood pressure and altering pulse rates.

Effects of noise pollution on mental health: Noise can

also case emotional or psychological effects such as

irritability, anxiety and stress. Lack of concentration and

mental fatigue are significant health effects of noise. It has

been observed that the performance of school children IS

poor in comprehension tasks when schools are situated in

busy areas of a city and suffer from noise pollution.

As noise interferes with normal auditory communication, it may

mask auditory warning signals and hence increases the rate of accidents

especially in industries. It can also lead to lowered worker efficiency and

productivity and higher accident rates on the job.

Thus noise is just more than a: mere nuisance or annoyance. It

definitely affects the quality of life. It is therefore important to ensure the

mitigation or control of noise pollution.25

25 Supra note 1. P135

108

Permitted noise levels

Ambient Notice levels db

Zone Day-time Night-time

Silent Zone 50 40

Residential Zone 55 45

Commercial Zone 65 55

Industrial Zone 70 70

A standard safe time limit has been set for exposure to various

noise levels. Beyond this 'safe' time continuing exposure over a

period of a year will lead to hearing loss.

109

Duration db

8 hours 90

4 hours 93

2 hours 96

1 hours 99

30 minutes 102

15 minutes 105

7 minutes 108

4 minutes 111

2 minutes 114

1 minute 117

30 seconds 120

Instantaneous rupture of membrane 150

Datta Mal Chiranji Lal v. Ladli Prasad26

In this case the plaintiff had brought a suit for injunction

restraining the defendant from running a flour mill in the market place

of Missouri, because the noise and vibration generated from the

operation of the flour mill had resulted in considerable inconvenience

to the plaintiff and his family. The defendant pleaded his fundamental

right, under Article 19 (l) (g) of the constitution, to carry on any

occupation, trade or business. It was held that Article 19 (1 )(g) had not

abrogated the law relating to nuisance, and as such, the restriction on

the right not to carry on a trade In a manner that it was producing

objectionable noise was reasonable.

26 AIR 1960 ALL 632

110

In two notable cases in 199027 and 200028 the Calcutta High

Court and the Supreme Court laid down significant dicta relating to

noise pollution. The Madhya Pradesh High Court decision in Sayeed

Maqsood Ali v. State of M.P.29 is another landmark in this line of cases.

The petitioner was cardiac patient who had undergone a coronary artery

by-pass surgery. In the locality where he lived, there was a

Dharmashala (a community hall) run by an association of Sindhi

community, which was often rented out for functions of public or

private nature. It was alleged that the highly pitched music coming out

from the loudspeakers in the Dharamshala caused disturbance to the

petitioner and other residents in the area. Taking these circumstances

into account, the Madhya Pradesh High Court gave a direction to the

respondent association not to let out their premises to anyone without

authorization from those competent to give permission to use loud

speakers. Moreover, the court stressed upon the duties of different

agencies such as the state government, pollution control board and

district magistrate under EPA and the Noise Pollution Control rules,

2000 with a notable warning, "Silence brings bliss, noise invites chaos.

Diligent attempts are to be made to curb noise starting from the street to

stratosphere.30

In Free Legal Aid Cell v. Govt. of NCT of Delhi31 the Delhi High

Court observed that pollution of air, water and atmosphere still

27 Maulana Mufti Syed Md. Noorun Rehaman Barkati v. State of West Bengal, AIR 1999 Cal 15.28 Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association, AIR 2000 SC

2773.29 AIR 2001 MP 220 at 225, 226.30 Supra Note 29 P 22531 AIR 2001 Del 455 at 462, 463.

111

continues to be part of the common law of nuisance despite Indian laws

relating to pollution and environment. Reforms at this level may

include many things such as adoption of environment friendly

technology, planting of trees on both sides of roads and outside

factories, evolution of noise code, effective use of the powers .of the

magistrates under section 144 of the Criminal Procedure Code, 1973

and co-operation between pollution control boards and district

authorities in the discharge of responsibilities.

Noise pollution or say exposure of human beings to noise of

levels higher than recommended levels causes a number of adverse

effects ranging from mild annoyance to permanent hearing loss. The

effects of noise pollution of humans are generally of four types viz. (a)

general effects, (b) auditory effects, (c) psychological effects and (d)

physiological effects.

General effects of noise pollution on humans include speech

interference, annoyance, sleep interference and related after effects and

problems. Speech interference is generally caused by community noise.

Sleep, which is very much necessary for the good health of human

beings, is not only disturbed by high noise level but its duration is also

shortened. There is a negative relationship between noise intensity ad

sleep duration e.g. as the intensity of noise increases, the duration of

sleep decreases. Sounds of all types cause annoyance and irritation in

most of the people. The annoyance caused by high intensity sound

some items causes mental imbalances.

Auditory effects include the damages done to hearing

mechanism in humans due to various types of noise. Noise pollution

112

causes hearing damages in a 'number of' ways. Auditory effects may be

divided into two categories viz. (a) temporary and mild damage to

hearing mechanism, and (b) permanent hearing loss. It has been found

that even short exposures to high intensity noise may damage and

rupture the ear drum and may cause temporary deafness.

Psychological effects include the high level noise causes many

behavioral changes among humans as well as animals. Unwanted noise

very often causes annoyance, irritation and fatigue which result into

low performance, low efficiency and frequent errors. Further, high

frequency of high level noise and exposure of human beings for long

period to such high level noise may cause tension in muscles, nervous

irritability and strain and neurotic mental disorder.

Physiological effects include annoyance, irritation, anxiety,

strains and stresses caused by noise pollution may cause changes in

hormone content of blood which in turn may introduce changes in

human bodies. Noise pollution of various sorts caused by varying

levels of noise may cause high blood pressure, heart diseases, dilation

of pupils of the eyes, tensing of the voluntary and involuntary muscles,

diminution of gastric secretion, neuromuscular tension, nervousness,

stomach and intestinal diseases such as ulcer etc. Sudden very high

level noise caused by sonic booms or explosion may lead to termination

of pregnancy in early stages.

(iv) Effect of Soil Pollution

The soil is a thin covering over the land consisting of a mixture

of minerals, organic, material, living organisms, air and water, that

113

together support the growth of plant life. Several factors contribute to

the formation of soil from the parent material. This includes the

mechanical weathering of rocks due to temperature changes and

abrasion, wind, moving water, glaciers, chemical weathering activities

and lichens. Climate and time are also important in the development of

soils. In extremely dry or gold climates soil develop very slowly, while

in humid and warm climates soils develop more-e rapidly. Under ideal

climatic conditions, soft parent material may develop into 1 em of soil

within 15 years. Under poor climatic conditions, a hard parent material

may require hundreds of years to develop into soil.32

Mature soils are arranged in a series of zones called ‘soil

horizons’. Each horizon has a distinct texture and composition that

varies with different types of soils. A cross-sectional view of the

horizons in a soil is called a 'soil profile'.

The top layer of the surface litter layer, called the '0-horizon',

consists mostly of freshly-fallen and partially-decomposed leaves,

twinges, animal waste, fungi and other organic materials. Normally, it

is brown or black.

The uppermost layer of the soil, called the 'A-horizon', consists

of partially-decomposed organic matter (humus) and some inorganic

mineral particles. It is usually darker and looser than the deeper layers.

The roots of most plants are found in these two upper layers. As long as

these layers are anchored by vegetation, the soil stores water and

releases it in a trickle throughout the year instead of in a force like a

flood. These two top layers also contain a large amount of bacteria,

32 Supra Note 1 P 125

114

fungi, earthworms and other small insects, which form complex food

webs in the soil, help recycle soil nutrients and contribute to soil

fertility.

The 'B-horizon", often called the subsoil, contains less organic

material and fewer organisms than the A horizon. The area below the

subsoil is called the 'C-horizon' and consists of weathered parent

material. This parent material does not contain any organic materials.

The chemical composition of the C- horizon helps to determine the pH

of the soil and also influences the soil rate of water absorption and

retention.

Soils vary in their content of clay (very fine particles), silt (fine

particles) sand (medium size particles) and gravel (Coarse to very

coarse particles). The relative amounts of the different sizes and types of

mineral particles determine the soil texture. Soils with approximately

equal mixtures of clay, sand, silt and humus are called Ioams.33

Factors of Soil Degradation

a) Erosion:

Soil erosion can be defined as the movement of surface litter and

topsoil from one place to another. While erosion is a natural

process, often caused by wind and flowing water. It is greatly

accelerated by human activities such as farming, construction,

overgrazing by livestock, burning of grass cover, and

deforestation.

33 Supra Note 32 P 126

115

The loss of the topsoil makes a soil less fertile and reduces

its water-holding capacity. The topsoil, which is washed away,

also contributes to water pollution by clogging takes and

increasing the turbidity of the water, ultimately leading to the

loss of aquatic life. For one inch of topsoil to be formed it

normally requires 200-1000 years, depending upon the climate

and soil type. Thus, if the topsoil erodes faster than it is formed,

the soil becomes a non-renewable resource.

Therefore, it is essential that proper soil conservation

measures are used to minimize the loss of the topsoil. There are

several techniques that can protect the soil from erosion. Today,

both water and soil are conserved through integrated treatment

methods. The two types of treatment generally used are:34

Area treatment, which involves treating the land, and

Drainage- line treatment, which involves treating the natural water,

courses (nalas).

Gradonies can also be used to convert wastelands into

agricultural lands. In this, narrow trenches with bunds on the

downstream side are built along contours in the upper reaches of the

catchment to collect run-off and to conserve moisture from the trees

or tree crops. The areas between the two bunds are used for

cultivating crops after development of fertile soil cover.

Some of the ways in which this can be achieved are:

34 Supra Note 32 P 126

116

(a) Live check-dams, in which barriers are created by planting

grass, shrubs and trees across the gullies.

(b) A bund constructed out of stones across the stream can also be

used for conserving soil and water.

(c) An earthen check-bund constructed out of local soil across the

stream to check soil erosion and the flow of water.

(d) A Gabion structure, which is a bund constructed of stone and

wrapped in galvanized chainlink.

A gabion structure has a one-inch thick, impervious wall

of ferrocement at the centre of the structure, which goes below

the ground level up to the hard strata. This ferrocement partion,

supported by the gabion portion, is able to retain the water and

withstand the force of the run-off water.

(e) A bandhara is an underground structure across a nala bed that

functions as a barrier to check the movement of groundwater.

b) Use of fertilizers:

Approximately 27% of the world's crop yield is estimated to be

directly attributed to the use of chemical fertilizers. The use of

chemical fertilizers has increased significantly over the last few

decades and is expected to rise even higher. Fertilizers are very

valuable, as they replace the soil nutrients used up by plants. The

three primary soil nutrients often is short supply are potassium,

phosphorous and nitrogen compounds. These are commonly

referred to as macronutrients. Certain other elements like boron,

zinc and magnese are necessary in extremely small amounts and

are known as micronutrients. When drops are harvested, a large

117

amount of macronutrients and a small amount of micronutrients

are removed with the crops. If the same crop is grown again,

depleted levels of the enutrients can result in decreased yields.

These necessary nutrients can be returned to the soil through the

application of fertilizers. In addition to fertilizers, a large amount

of pesticides (chemicals used to kill or control populations of

unwanted fungi, animals or plants often called pests) are also use

to ensure a good yield. Pesticides can be subdivided into several

categories, based on the kinds of organisms they are used to

control. Insecticides are to control insect populations while

fungicides are used to control unwanted fungal growth. Mice and

rats are killed by rodeniicides, while plant pests are controlled by

herbicides.35

c) Use of pesticide

Pesticides not only kill the pests, but also a large variety of living

things, including humans. They may be persistent or

non-persisten. Persistent pesticides, once applied, are effective

for a long time. However, as they do not break down easily they

tend to accumulate in the soil and in the bodies of animals in the

food chain.

For example, DDT, one of the first synthetic organic

insecticides to be used, was thought to be the perfect insecticide.

During the first ten years of its use (1942-1952), DDT is

estimated to have saved about five million lives primarily

because of its use to control disease-carrying mosquitoes.

35 Supra Note 32 P 130

118

d) Use of Salt And Water

Irrigated lands can produce higher crop yields than those that

only use rainwater. However, this has its own set of ill-effects.

Irrigation water contains dissolved salts and in dry climates

much of the water in the saline solution evaporates leaving its

salts, such as sodium chloride in the topsoil. The accumulation of

these salts is called salinization, which can stunt plan growth,

lower yields and eventually kill the crop and render the land

useless for agriculture. The salts can be flushed out of the soil by

using more water. This practice however, increases the cost of

crop production and also wastes enormous amounts of water.

Flushing out salts can also make the downstream irrigation water

saltier.

Another problem with irrigation is water-logging. This

-occurs when large amounts of water are used to leach the salts

deeper into the soil. However, if the drainage is poor this water

accumulates underground gradually raising the water table. The

roots of the plants then get enveloped in this saline water and

eventually die.

Thus, in the long run it is better for us to adopt sustainable

farming practices to prevent the degradation of soil.

(v) Effect of Marine Pollution

Marine pollution can be defined as the introduction of substances to

the marine environment directly or indirectly by man resulting in

adverse effects such as hazards to human health, obstruction of

marine activities, and lowering the quality of sea water. While the

causes of marine pollution may be similar to that of general water

119

pollution, there are some very specific causes that pollute marine

waters.36

(a) The most obvious inputs of waste is through pipes directly

discharging wastes in to the sea. Very often, municipal waste

and sewage from residences and hotels in coastal towns are

directly discharged into the sea.

(b) Pesticides and fertilizers from agriculture, which are washed

off the land by nun, enter water courses and eventually reach

the sea.

(c) Petroleum and oils washed off from the roads normally enter

the sewage system but storm water overflows carry these

materials into rivers and eventually into the seas.

(d) Ships carry many toxic substances such as oil, liquefied

natural gas pesticides, industrial chemical, etc., in huge

quantities sometimes to the capacity of 350,000 t. Ship

accidents and accidental spillages at sea can, therefore, be very

damaging to the marine environment. Shipping channels in

estuaries and at the entrances to ports after require frequent

dredging to keep them open. This dredged material that may

contains heavy metals and other contaminants is often dumped

out at sea.

(e) Offshore oil exploration and extraction also pollute the

seawater to a large extent.

(vi) Effect of Thermal Pollution

The discharge of warm water into a river is usually called

thermal pollution, it occurs, when and industry removes water from

36 Supre Not 32 P. 132

120

a source (e.g., a river), uses the water for cooling purposes, and then

returns the heated water to its source. Power plants heat water to

convert it into steam, to drive the turbines that generate electricity.

For efficient functioning of the steam turbines, the steam is

condensed into water after it leaves the turbines. This condensation

is done by taking water from a water body to absorb the heat. This

heated water, which is at least 15°C higher than the normal, is later

discharged back into the water body.37

The warmer temperature decreases the solubility of oxygen and

increases the metabolism of fish. This changes the ecological

balance of the river. Within certain limits, thermal additions can

promote the growth of certain fish and the fish catch may be high in

the vicinity of a power plant. However, sudden changes in

temperature caused by periodic plant shutdowns, both planned and

unintentional, can result in the death of these fish that are

acclimatized to living in warner waters.

Tropical marine animals are generally unable to withstand a

temperature increase of 2-3°C and most sponges, mollusks and

crustaceans are eliminated at temperatures above 37°C. This results

in a change in the diversity of fauna, as only those species that can

live in warner water will survive and proliferate excessively.38

The control of measures:

Thermal pollution can be controlled by passing the heated water

through a cooling pond or a cooling tower after it leaves the

condenser. The heat is dissipated into the air and the water can then

37 Supra Note 32 P13338 Ibid

121

be discharged into the river or pumped back to the plant for to be

reused for cooling. There are several other ways in which thermal

pollution can be reduced. One method is to construct a large shallow

pond. Hot water is pumped into one end of the pond and cooler

water is removed from the other end. The heat gets dissipated from

the pond into the atmosphere. Another method is to use a cooling

tower; these structures take up less land area than the ponds. Here,

most of the heat transfer occurs through evaporation. The warm

water coming from the condenser is sprayed downwards over

vertical sheets or baffles, where the water flows in thin films. Cool

air enters the tower through the water inlet that encircles that base of

the tower and rises upwards, causing evaporative cooling. A natural

draft is maintained because of the density difference between the

cool air outside and the warmer air inside the tower. The excess heat

is dissipated into the atmosphere about 100 m above the base of the

tower. The cooled water is collected at the floor of the tower and

recycled back to the power plant condensers. The disadvantage in

both these methods, however, is that large amounts of water are lost

due to evaporation.

(vii) Effect of Nuclear hazards

Nuclear energy can be .both beneficial and harmful, depending on

the way in which it is used. We routinely use X-rays to examine

bones for fractures, treat cancer with radiation, and diagnose

diseases with the help of radioactive isotopes. Approximately 17%

of the electrical energy generated in the world comes from nuclear

power plants. However, on the other hand, it impossible to forget

the devastation that nuclear bombs caused in the cities of

122

Hiroshima and Nagasaki. The radioactive wastes from nuclear

energy have caused, and continue to cause, serious environmental

damage.

Nuclear fission is the splitting of the nucleus of the atom was

carried out in Germany In 1938. However, the United States was

the first country to develop and atomic bomb, which was

subsequently, dropped on the Japanese cities of Hiroshima and

Nagasaki. The world's first electricity-generating reactor was

constructed in the United States In 1951 and the Soviet Union built

its first reactor in 1954. In December 1953, President Dwight D

Elsehower in his ‘Atoms for Peace' speech made the following

prediction.39

Nuclear reactors will produce electricity so cheaply that it

will not be necessary to meter it. The users will pay a fee and use

as much electricity as they want. Atoms will provide a safe, clean

and dependable source of electricity.'

Although nuclear power is being used today as a reliable source

of electricity, the above statement sounds highly optimistic. Several

serious accidents have caused worldwide concern about safety and

disposal of radioactive wastes.40

In order to appreciate the consequences of using nuclear fuels to

generate energy it is important to understand how the fuel is processed.

Low-grade uranium ore, which contains 0.2% uranium by weight, is

obtained by surface or underground mining. After it is mined the ore

goes through a milling process where it is crushed and treated with a

39 Supre Note.32 P13640 Ibid P. 1371

123

solve it to concentrate the uranium and produces 'yellow cake', a

material containing 70-90% uranium oxide. Naturally- occurring

uranium contains only 0.7% of fissionable U-235, which is not high

enough for most types of reactors. So it is necessary to increase the

amount of U-235 by enrichment, although it is a difficult and expensive

process. The enrichment process increases the ·U-235 content from

0.7-3%. Fuel fabrication then converts the enriched material into a

powder, which is compacted into pellets. These pellets are sealed in

metal fuel rods about 4 m in length, which are then loaded into the

reactor. As fission occurs, the concentration of U-235 atoms decreases.

After about three years, a fuel rod does not have enough radioactive

material to sustain a chain reaction and the spelt fuel rods must be

replaced by new ones. However, these spent rods are still very

radioactive, containing about 1% U-235 and 1% plutonium. These rods

are a major source of radioactive waste material produced by a nuclear

reactor.41

Initially, it was thought that spent fuel rods could be reprocessed,

not only to provide new fuel but also to reduce the amount of nuclear

waste. However, the cost of producing fuel rods by reprocessing was

found to be greater than the cost of producing fuel rods from ore.

Presently, India does operate reprocessing plants to reprocess spent fuel

as an alternative to storing them as nuclear waste. At each step in the

cycle, there .is a danger of exposure to harmful radiation and posses

several attendant health and environmental concerns.42

41 Supra Note 32 P.13742 Supra Note 32 P138

124

Although nuclear power has significant benefits, an incident

which changed people's attitudes towards nuclear power plants was the

Chernobyl disaster that occurred in 1986. Chernobyl is a small city in

Ukraine, near the border with Belarus, north of Kiev. At 1.00 am April

25, 1986, a test to measure the amount of electricity that the

still-spinning turbine would produce if steam were shut off was being

conducted at the Chernobyl Nuclear Power Station-4. This was

important information, since the emergency core-cooling system

required energy for its operation and the coasting turbine could provide

some of that energy until another source became available. The amount

of steam being produced was reduced by lowering the control rods into

the reactor. But the test was delayed because of the demand for

electricity and a new shift of workers came on duty. The operators

failed to program the computer to maintain power at 700 mW and the

output dropped to 30 mW. This presented an immediate need to rapidly

increase the power and many of the control rods were withdrawn.

Meanwhile, an inert gas (xenon) had accumulated on the fuel rods. This

gas abs-orbed the neutrons and slowed the "rate of power increase. In

an attempt to obtain more power, the operators withdrew all the control

rods. This was a second serious safety violation.43

At 1.00 am, the operators shut off most of the emergency

warning signals and turned on ail the eight pumps to provide adequate

cooling for the reactor following the completion of the test. Just as the

final stages for the test were beginning the operators blocked the

43 Supra Note 32 P138

125

automatic reactor, shut down and be gain the test as the test continued, a

signal indicated excessive reaction in the reactor. In spite of the

warning, the power output of the .reactor rose beyond its normal level

and continued to rise. The operators activated the emergency system

designed to put the control rods back into the reactor and stop the

fission. But it was already too late. The core had already been deformed

and the rods would not fit properly, thus the reaction could not be

stopped. In 4.5 seconds the energy level of the reactor increased two

thousand times! The fuel rods ruptured, the cooling water turned into

steam and a steam explosion below occurred. The lacks of cooling

water allow the reactor to explore. The explosion the 1000 metric tons

concrete roof from the reactor and the reactor caught fire. This resulted

in the world's worst nuclear accident and it took ten days to bring the

runaway reaction under control. There were of course immediate

fatalities, but the long-term consequences were devastating- 116,000

people were evacuated, of whom 24,000 had received high doses of

radiation. Even today many people suffer from illnesses they feet are

related to their exposure to the fallout from Chernobyl. In 1996, ten

years after the accident, it was clear that one of the long term effects

was the increased frequency of thyroid cancer in children. There was

also a spurt in genetic anomalies as doctors began observing clusters of

children born displaying monodactyl (fingers fused together to form a

paddle) and polydactyl (more than 5 digits on the hands and feet). A

similar phenomenon has also been observed in the villages and towns

around the Kalpakkam Nuclear Station, south of Chennai, in an

ongoing study by Dr. Pugazhendi.

126

The degree and the kind of damage from nuclear accidents vary

with the kind of radiation, the amount of radiation, the duration of

exposure, and the types of cells irradiated. Radiation can also cause

mutations, which are changes in the genetic makeup of the cells.

Mutations can occur in the ovaries or the testes leading to the formation

of mutated eggs or sperms, which in turn can lead to abnormal off

spring. Mutations can also occur in the tissues of the body and may

manifest themselves as abnormal tissue growths known as cancer. Two

common cancers that are linked to increased radiation exposure are

leukemia and breast cancer.

It is submitted that the Government, its agencies and the people

are armed with laws, rules and regulations to combat pollution and

environmental degradation. Expertise has been building up and is being

constantly enhanced; the necessary infrastructure has also been largely

created. Despite all this, if would be wrong to assume that our problems

in this regard will shortly be over. Firstly, there has to exist a political

and social will at the local, State and Central level to strictly enforce the

law but it is a time consuming process, Secondly, our judicial system

overloaded as it is, must be geared up for speedy decision in a field

which is highly technical. Thirdly, development aspirations cannot

always be restrained with promises of an environmentally pure future.

We have to generate employment, provide water for irrigation,

generate more power, produce more steel - in brief; the entire

development process has to go on. Fourthly, scare financial resources

force cruel choices upon us.

127

On the basis of above mention, we can finally say that

environmental pollution is causing a lot of distress not only to humans

but also animals, driving many animal species to enlargement and even

extinction.

The trans-boundary nature of environmental pollution makes it

even more difficult to manage it. Everything on our planet is

interconnected and while the nature supplied us with valuable

environmental services without which we can not exist. We all depend

on each other’s action and the way we treaded natural resources.

Thus there are factors of environmental pollution Air Pollution,

Water Pollution, Noise Pollution, Soil Pollution, Thermal Pollution,

and Nuclear Hazards.