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Satakshi 2

GreenValley Infratech Ltd. is found in violation of multiple environmental laws, including the Environment (Protection) Act and the Water (Prevention and Control of Pollution) Act, due to unauthorized pollutant discharge and lack of necessary Environmental Clearance. The Supreme Court's stance on sustainable development emphasizes that economic growth cannot come at the expense of environmental health. The tribunal has ordered a halt to construction, imposed a ₹5 crore penalty, and mandated remediation efforts to restore the affected Malti River ecosystem.

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14 views3 pages

Satakshi 2

GreenValley Infratech Ltd. is found in violation of multiple environmental laws, including the Environment (Protection) Act and the Water (Prevention and Control of Pollution) Act, due to unauthorized pollutant discharge and lack of necessary Environmental Clearance. The Supreme Court's stance on sustainable development emphasizes that economic growth cannot come at the expense of environmental health. The tribunal has ordered a halt to construction, imposed a ₹5 crore penalty, and mandated remediation efforts to restore the affected Malti River ecosystem.

Uploaded by

malik cp
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ENVIRONMENTAL LAW

ASSIGNMENT -2

SUBMITTED TO :- SUBMITTED BY :-

MR. NISHANT KUMAR SATAKSHI SINGH

(ASSISTANT PROFESSOR) BA.LLB. (8th Sem)

DEPARTMENT OF LAW ROLL NO:- 2180502011


Q1.

i) Is ‘GreenValley Infratech Ltd.’ violating environmental laws? Which provisions


apply?
Yes, GreenValley Infratech Ltd. is in violation of several key environmental laws:

 Environment (Protection) Act, 1986 – Failure to obtain Environmental


Clearance (EC) under EIA Notification 2006 (Category A projects).
 Water (Prevention and Control of Pollution) Act, 1974 – Unauthorized
discharge of pollutants (lead, arsenic, hydrocarbons) into the Malti River,
exceeding BOD and COD norms.
 Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996 – Failure to
consult the local Gram Panchayat before starting the project.
 Violation of Environmental Principles – Breach of Polluter Pays Principle,
Precautionary Principle, and Sustainable Development, recognized under Indian
constitutional jurisprudence (e.g., Vellore Citizens’ Welfare Forum v. Union of
India).

Q2.

i) Is it legal to begin construction without Environmental Clearance?


No. As per the EIA Notification 2006, any Category A project requires prior
Environmental Clearance from the MoEFCC before commencing. Construction
without this clearance is unlawful and liable for penalties, including project suspension
and restoration directives.

ii) Is economic development more important than environmental protection?


No, economic development cannot override environmental protection. The Supreme
Court of India has upheld that development must be sustainable, integrating
environmental safeguards (e.g., T.N. Godavarman v. Union of India). Short-term
economic gains cannot justify irreversible ecological damage. True development ensures
both economic well-being and ecological balance.
Q3.

i) If the project provides employment to villagers but pollutes the river, should it be
stopped?
Yes. Employment cannot justify irreparable environmental harm. The right to life
under Article 21 of the Constitution includes the right to a healthy environment.
Alternatives for local employment must be explored without compromising vital
ecological assets like the Malti River.

ii) Does this case violate the principle of ‘Sustainable Development’?


Yes. Sustainable development mandates that present needs be met without
compromising the ability of future generations to meet theirs. Dumping toxic waste,
ignoring biodiversity, and violating procedural environmental safeguards starkly
contradict this principle.

Q4. Mini Judgement (as NGT Judge):

Mini Judgement:

Upon careful review of the evidence and statutory violations, this Tribunal finds
GreenValley Infratech Ltd. guilty of multiple breaches of environmental law, including
failure to obtain mandatory Environmental Clearance, illegal discharge of pollutants, and
procedural violations under the PESA Act, 1996. The company has caused demonstrable
harm to the Malti River ecosystem and public health.

This Tribunal orders the immediate halt of all construction activities. A penalty of ₹5
crore is imposed under the Polluter Pays Principle, to be deposited in the State
Environmental Restoration Fund.

Further, the company is directed to:

1. Undertake comprehensive remediation of the Malti River in consultation with


the State Pollution Control Board.
2. Install an independent environmental monitoring unit.
3. Conduct community consultations before any future activity.

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