Facts ~ The Denkin Lake is the pride of Maharashtra and is famous for its rich biodiversity.

Synergies Pvt. Ltd, a Mumbai-based large company has planned to expand its units by
purchasing land near the Denkin Lake [the company holds expertise in cement manufacturing
and has announced that through its Employment Generation Scheme (EGS), it is committed to
providing 10,000 jobs to the local population.]

In addition to this, the chairman of Synergies Pvt. Ltd has announced INR 2 crores for
supporting and promoting tourism in the area, later, the company started its 5 cement
manufacturing units near the lake and under phase I of EGS, 5000 locals were given jobs
successfully.

Mr. Patil, a young advocate working with EnviroJuris, (an NGO working for a cause of
environmental justice) has decided to challenge the Synergies Pvt. Ltd’s plan to expand near the
Denkin Lake.

He filed a petition in National Green Tribunal (NGT) seeking an injunction against the company.
In his application, he has highlighted several problems associated with environmental clearances
and legal compliances.

He further alleged that the company has not conducted the Environmental Impact Assessment
and therefore, immediate action should be taken against the company. The petition also
highlights the probable loss of biodiversity due to industrial pollution caused by the company.

The company on the other hand has contended that the closure at this stage would amount to the
loss of livelihoods for thousands of employees working with it.

Case Law –

 PAHWA PLASTICS PVT. LTD and ANR. V. DASTAK NGO & ORS (MARCH 25, 2022)
 The Honorable Supreme Court of India has held that the Environment Protection Act,
1986 does not prohibit the issuance of ex – post facto environmental clearances. Further,
the Honorable Supreme Court of India (reiterating its observations in Electro steel Steels
Limited v. Union of India), has held that industries making significant economic
contributions, along with providing livelihood to hundreds of people, which have been set
up pursuant to requisite approvals from the concerned statutory authorities, do not
constitute pollution hazards and have applied for ex – post facto environmental clearance,
should not be closed down for the technical irregularity of want of such prior
environmental clearance, pending the issuance thereof.1

The judgment in the case Pahwa Plastics has been rendered by the same bench of
individuals who rendered the judgment in Electrosteel Steels and is on the same lines.

 Sub-Section (1) of the section 3 of the 1986, Act claims to empower the Central
Government to take all such measures as it might deem necessary or expedient for the
purpose of protecting and improving the quality of the environment and preventing it
from deadly environmental pollution.
 Sub-section (2) of the section 3 of the 1986, Act enables the Central Government to take,
inter alia, the following measures:
i. Co-ordination of actions by the State Governments, officers and other authorities–
a) Under this Act, or the rules made there under; or
b) Under any other law for the time being in force which is relatable to the objects of
this Act;
ii. Planning and execution of a nation-wide programme for the prevention, control
and abatement of environmental pollution;
iii. Laying down standards for the quality of environment in its various aspects;
iv. Laying down standards for emission or discharge of environmental pollutants
from various sources whatsoever: Provided that different standards for emission
or discharge may be laid down under this clause from different sources having
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 regard to the quality or composition of the emission or discharge of environmental
pollutants from such sources;
v. Restriction of areas in which any industries, operations or processes or class of
industries, operations or processes shall not be carried out or shall be carried out
subject to certain safeguards;
vi. Laying down procedures and safeguards for the prevention of accidents which
may cause environmental pollution and remedial measures for such accidents;
vii. Laying down procedures and safeguards for the handling of hazardous substances;
viii. Examination of such manufacturing processes, materials and substances as are
likely to cause environmental pollution;
ix. Carrying out and sponsoring investigations and research relating to problems of
environmental pollution;
x. Inspection of any premises, plant, equipment, machinery, manufacturing or other
processes, materials or substances and giving, by order, of such directions to such
authorities, officers or persons as it may consider necessary to take steps for the
prevention, control and abatement of environmental pollution;
xi. Establishment or recognition of environmental laboratories and institutes to carry
out the functions entrusted to such environmental laboratories and insitutes under
this Act; (xii) Collection and dissemination of information in respect of matters
relating to environmental pollution;
xii. Preparation of manuals, codes or guides relating to the prevention, control and
abatement of environmental pollution;
xiii. Such other matters as the Central Government deems necessary or expedient for
the purpose of securing the effective implementation of the provisions of this
Act.2

 Sub-section (3) of section 3 of the 1986 Act provides as follows:

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 the purpose of exercising and performing such of the powers and functions (including
the power to issue directions under section 5) of the Central Government under this
Act and for taking measures with respect to such of the matters referred to in sub-
section (2) as may be mentioned in the order and subject to the supervision and
control of the Central Government and the provisions of such order, such authority or
authorities may exercise the powers or perform the functions or take the measures so
mentioned in the order as if such authority or authorities had been empowered by this
Act to exercise those powers or perform those functions or take such measures.

Facts ~ Rentica is a small developing island country surrounded by the Atlantic Ocean. The
country is famously known for its rich coral reefs biodiversity. The economy of the country is
heavily dependent on tourism and as per the World Economic Forum; Rentica remains the most
preferred tourism destination for the 6th consecutive year in 2022. Unfortunately, with the
outbreak of COVID-19, the country has suffered economic turbulence, and to revive its economy
the government of Rentica has applied for USD 10 billion credit line from the International
Monetary Fund. The recently published IPCC 6th assessment report on climate change has
created havoc for the Rentica. The report highlighted that by 2035, due to global warming 60
percent of the coral reefs surrounding Rentica will be adversely affected. The Rentica is already
suffering due to the rise in the sea level and their various tourist spots are already threatened.

After the publication of the IPCC report, the expert panel at IMF rejected Rentica’s demand for
the credit line. The experts at IMF are of the opinion that the Rentica will not be in the position
to repay the amount as its economy is already under stress and due to climate change; its only
source of income, i.e. tourism is going to be adversely affected. The government of Rentica has
decided to take the matter to international forums. The government wants to explore all the
possible arguments to make their case stronger.

In the light of the above mentioned factual scenario, the government of Rentica is genuinely
facing an economic turbulence due to the global pandemic crisis.
Since, the primary source of income of the nation of Rentica comes from tourism, it is burdening
the lockdown and travel restrictions around the globe; resulting in a huge loss of revenue.

Rentica, in recent years, has suffered the effects of global warming, as the rise in the sea levels
made certain tourist spots in the country dangerous. To twist the knife in the wound, IPCC’s 6th
assessment report on climate change called attention to the endangerment of 60 per cent of the
coral reefs surrounding Rentica as a consequence of global warming by 2035.

The government of Rentica requests a USD 10 billion credit line to rebuild its economy, which is
heavily reliant on tourism. It is quite reasonable to as some that nourishing and preserving its
natural biodiversity will be the nation’s main objective. As the tourism industry will continue to
be the government's priority. Given that rising sea levels would hugely impact the tourism
industry due to global warming, Rentinca's economic reorganization should ideally focus on
steps to mitigate the phenomenon. The government can cite the Rio Declaration, the UNFCCC,
the Kyoto Protocol, and other international action against climate change agreements.

Facts ~ Mr Ekos is a Greek bio- chemical scientist and has extensively worked on anti- obesity
drugs for around 30 years. When he visited the Naluga tribe in Arunachal Pradesh he was
astonished to find out that the people eat once in two days and they could walk throughout the
day.

On further enquiry he was told that they eat hoodia cactus, which contains appetite- suppressing
properties. He befriended the tribe and convinced them on how he would conduct further
research on the cactus, which would ultimately benefit them. The tribe gifted him 250 samples of
hoodia cactus for research purposes only.

He subsequently started a project with Mipla India Limited and zeroed on the formula of anti
obesity drug. The drug was further patented and the pharmaceutical company and he made
millions, without sharing any benefit or royalty with the Naluga tribe.
On 24th April 2019 he received a notice from the National Biodiversity Authority for the
violation of the Biodiversity Act and rules made there under.

Penalties for the violation of the Biological Diversity Act, 2002:

If any Person / Company / Firm / Group of individuals / any Director / Manager or anybody
violates any provision of the Biological Diversity Act, 2002, then immediately a complaint must
be made to the State Biodiversity Board of Assam within a 30 days of time.

 Section 3 – Certain persons should not undertake biodiversity related activities without
the actual approval of the National Biodiversity Authority.

 Section 4 – Results of research not to be transferred to certain persons without the

 Section 6 – Application for intellectual property rights not to be made without approval
of National Biodiversity Authority.3

 Section 55 – (1) mentions Contravention or attempt to contravene or Abet Contravention

 Section 55 – (2) Contravention of Section 7 or Orders made u / sub - section (2) of

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 o Fine up to Rs 5 lacs or Both

 Section 56 – Any orders of Central / State Government / NBA / SBB ( if no penalty is

 Section 57 (1) – Offences committed by Companies / Firm /Association of individuals.

 Section 57 (2) – Offences committed by Director/Manager/secretary, etc.

 Section 58 – All the offences committed under this Act shall be cognizable and non-
bialable.

 Section 59 – Provisions of this act are in addition and not in derogation of any other act.

To analyze, Mr. Ekos is actually found to be guilty in violating a few above mentioned sections –

Section 3 – Certain persons should not undertake biodiversity related activities without the
actual approval of the National Biodiversity Authority.

Section 4 – Results of research not to be transferred to certain persons without the approval of
the National Biodiversity Authority.

Section 6 – Application for intellectual property rights not to be made without approval of
National Biodiversity Authority.

.
He violated the act in many aspects starting with –

Visiting Arunachal Pradesh and convincing the tribe on how he would conduct further research
on the cactus, which would benefit them and he ultimately decided to deceive them – Section
3and 4 violation.

Pairing up for a project with Mipla India Limited and zeroed on the formula of anti obesity drug
and the drug was further patented and the pharmaceutical company and he made millions,
without sharing any benefit or royalty with the Naluga tribe – Section 6 violation.

Bibliography

1) https://www.mondaq.com/india/clean-air-pollution/1180570/supreme-court-holds-that-
environment-protection-act-1986-does-not-prohibit-the-issuance-of-ex-post-facto-
environmental-clearances--pahwa-plastic-pvt-ltd-anr-v-dastak-ngo-ors
2) https://www.indiacode.nic.in/handle/123456789/2046?sam_handle=123456789/1362
3) https://indiankanoon.org/doc/170633682/?type=print

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