Section 5: Power to give directions

Leading cases

• Vellore Citizens Welfare Forum v. Union of India (1996)The Court held that the precautionary principle and the polluter pays principle are part of Indian environmental law, and directed an authority under the Environment (Protection) Act, 1986 to assess and recover compensation from polluting tanneries in Tamil Nadu.
• Indian Council for Enviro-Legal Action v. Union of India (1996)Chemical industries that polluted soil and groundwater at Bichhri were held absolutely liable under the Oleum Gas Leak rule and the polluter pays principle to bear the cost of remedial measures, and their plants were ordered closed.

Questions on this section

3 questions in 4 of our papers cite Section 5. Try these from the free papers:

1. 1. Acting under Section 5 of the Environment (Protection) Act, 1986, the Central Government directs the closure of X's chemical unit. X wishes to challenge the direction by way of an appeal provided in the Act. The appeal lies to:

   A.the National Green Tribunal established under the NGT Act, 2010B.the court of the District Judge within whose limits the unit isC.the Central Pollution Control Board, sitting as an appellate bodyD.the appellate authority constituted by the State Government
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2. 2. Match List I (case) with List II (principle or direction): List I A. Vellore Citizens Welfare Forum v. Union of India (1996) B. Indian Council for Enviro-Legal Action v. Union of India (1996) C. Subhash Kumar v. State of Bihar (1991) D. M.C. Mehta v. Kamal Nath List II 1. The right to life includes the right to enjoy pollution-free water and air 2. The State is a trustee of natural resources meant for public use and enjoyment 3. The precautionary principle and the polluter pays principle are part of the environmental law of the country 4. The Central Government to determine and recover the cost of remedial measures from polluting chemical units at Bichhri Select the correct answer using the codes given below.

   A.A-4, B-3, C-1, D-2B.A-4, B-3, C-2, D-1C.A-3, B-4, C-2, D-1D.A-3, B-4, C-1, D-2
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3. 3. Assertion (A): The Central Government may direct the stoppage of electricity supply to an industrial unit in exercise of its power under Section 5 of the Environment (Protection) Act, 1986. Reason (R): Section 5 applies notwithstanding anything in any other law, and its Explanation declares that the power to issue directions includes the power to direct the stoppage or regulation of the supply of electricity or water or any other service.

   A.A is false, but R is trueB.Both A and R are true, but R is not the correct explanation of AC.A is true, but R is falseD.Both A and R are true, and R is the correct explanation of A
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