EDITORIAL

The ‘Parivesh’ newsletter has been dealing with on various thematic issues mainly, technical in nature. The theme of this issue of the ‘PARIVESH’ is the Public Interest Litigations (PILs) through which several pollution related cases have been heard and delivered by the judiciary. The concept of PIL was introduced by the Hon’ble Supreme Court of India since eighties and since then a number of landmark judgments have been delivered by the Hon’ble Supreme Court followed by the High Courts.

In the recent order regarding CNG, the Hon’ble Supreme Court has further enlarged the scope of the PIL by elaborating Articles 39(e) and 47 of the Constitution, Part IV: Directive Principles of State Policy. The Article 39 (e) and 47 are relating to the health of workers and the duty of the State to raise the level of nutrition and the standard of living and to improve public health. The Hon’ble Supreme Court has pronounced directions in favour of a welfare society and equalitarian social order. The principles of Strict Liability (Rylands Vs Fletcher) have been redefined as "Precautionary Principle’’ and "Polluter Pays Principle".

Notwithstanding, various laws and rules, the enforcement has been difficult for various reasons including delay in judicial proceedings. On the other hand through the Public Interest Litigations (PILs) and expeditious judicial interventions, the Pollution Control Boards have found a strong ally for redressal of public grievances concerning pollution and environmental degradation.

This issue of "Parivesh" is an effort to put up a brief before the readers concerning PILs. The information contained in this issue has been collected and collated by my colleague Shri Pradeep Mathur, Astt. Law Officer under the guidance of Shri T.Venugopal, Director and Shri R.N.Jindal, Sr.Env. Engineer. The word processing has been done by Smt. Sushma Dutta, DEO. Dr.B.Sengupta, Member Secretary has taken initiative for the publication of ‘Parivesh’ in the present form.

 

 

 

(Dilip Biswas)
Chairman
Central Pollution Control Board
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