Environmental Law : Right of Citizens to Raise Their Objections for Exemptions

Environmental Law : Right of Citizens to Raise Their Objections for Exemptions

Case of Noble M. Paikada v. Union of India [2024] GCtR 1063 (SC) has explained that the citizens have a fundamental duty to protect and improve the environment. Therefore, the participation of the citizens is very important, and it is taken care of by allowing them to raise objections. After all, citizens are major stakeholders in environmental matters. Their participation cannot be prevented by casually exercising the power under sub-rule (4) of Rule 5 of Environmental (Protection) Rules, 1986. At page 30, exemptions were discussed. 

It can be seen that S.7 of Environment Protection Act, 1986 which deals with environmental pollutant is applicable on persons who are carrying on industry, operation or process but S.8 which deals with hazardous substance is applicable on all. Environmental pollutant is defined in S.2 (b) whereas "hazardous substance" is defined in S.2(e) of 1986 Act. S.24 (2) of the Act deals with punishment when the act or omission is punishable under 1986 Act and any other Act also.