India has a robust environmental policy and detailed enforcement jurisprudence for environmental compliances. The environmental policies in India have evolved on the basis of the Constitution of India and India’s participation in international declarations.

Prior to India’s independence in 1947, India had several environmental legislations. However, the real thrust of environmental consciousness evolved with the United Nations’ Stockholm Declaration in June, 1972, to which India was one of the signatory. The Department of Environment was established in India in 1980 to ensure a healthy environment for our country. This later became the Ministry of Environment and Forests in 1985.

In India, there are various environmental laws which have been enacted to protect and conserve the environment which is a global concern for all. We have statutory laws as well as common laws and principles which are used for regulating the environment. Among the numerous Laws in India that we have for protecting the Environment the significant ones are Air ( Prevention & Control of Pollution ) Act 1981, Environment (Protection ) Act 1986, Hazardous Waste Handling & Management Act 1989,Water (Prevention & Control of Pollution) 1974, National Green Tribunal Act 2010 etc.

One relevant principle is the Polluter Pays Principle. Polluter Pays Principle means ‘If you make a mess, it’s your duty to clean it up’. It is a curative approach which is concerned with repairing the ecological damage. It’s a principle in international environmental law where the polluting party pays for the damage done to the natural environment. This principle received strong support in most Organization for Economic Co-operation and Development (OECD) and European Community (EC) countries.

In India we have the National Green Tribunal, which is the Principal Bench established in 2010 to handle the quick disposal of cases pertaining to environmental issues. The National Green Tribunal has been given the responsibility to deal with cases relating to environment which involves violation of specific statutory environment obligation by a person by which the community at large are affected or are likely to be affected. The Tribunal is guided by the principles of natural justice and has been empowered to apply the principle of sustainable development, preventing and attacking the causes of environmental degradation and the polluter pays principle.

One such instance is when the National Green Tribunal ordered the Delta Group to pay compensation for the Oil Spill caused by its Ship ‘M.V. Rak’ which was about 20 nautical miles from the Indian Coast Line in August 2011.

The Principal Bench of the National Green Tribunal in the case of Samir Mehta v. Union of India (O.A. NO.24 OF 2011) by its Order dated 23rd August, 2016 ordered Delta Group to pay a compensation of INR 100 Crores and also ordered Adani Enterprises Limited to pay INR 5 Crores as compensation for dumping of cargo in the sea and having failed to take any preventive measures to protect the environment.

The National Green Tribunal held that, no party from any country in the world has the right to sail an unseaworthy ship to the Contiguous and Exclusive Economic Zone of India and in any event to dump the same in such waters causing marine pollution, damage or degradation thereof. The National Green Tribunal also directed the formation of a Committee which will be responsible to carry out a study whether the removal of the ship wreck and cargo from the present location should be directed, whether it was necessary to leave the wreck of the ship and/or it is not practically possible to remove the wreck of the ship and the cargo. The National Green Tribunal Directed the Committee to present before the Tribunal a report of the study within one month.

The Tribunal also held that the liabilities to pay environment compensation was subject to adjustments made after the submission of the final report by the Committee. The National Green Tribunal held that the Delta Group was responsible for causing marine environmental pollution by sinking of the ship in the Contiguous Zone of Indian waters. The NGT directed the Delta Group to pay environmental compensation amounting to INR 100 Crores to the Ministry of Shipping, Government of India according to the terms of Section 15 and 17 read with Section 14 and 20 of the National Green Tribunal Act 2010.

Adani Enterprises Limited was also held liable to pay a sum of INR 5 Crores as environmental compensation in terms of Section 15 and 17 read with Section 14 and 20 of the National Green Tribunal Act 2010. The reason for the heavy fine was for dumping coal in the seabed and causing pollution of marine environment and for failure to take necessary steps to pick the coal that had been left due to the sinking of the ship.

This judgment of the National Green Tribunal holding the Delta Group and Adani Enterprises Limited liable for the pollution caused by the sinking of the Ship is likely to have significant implications on the powers of the National Green Tribunal and the applicability of its orders in international law. All appeals against the decision of the National Green Tribunal lies finally with the Hon’ble Supreme Court of India.

With regards to Air Pollution Prevention and Control, the Supreme Court in the case of Subba Rao v. State of Himachal Pradesh AIR 1989 SC 171, ordered the closure of a bone factory which was polluting the environment by its pungent smell and making the life of the people miserable. Almitra H.Patel v. Union of India (1998) 2 SCC 416, is a leading case on Waste Management. Due to this case, management of Hazardous waste has improved. This case led to our country’s first Municipal Solid Waste (Management and Handling) Rules 2000, issued under the Environment Protection Act, 1986.