Three fundamental principles govern environmental protection:
-
Sustainable Development: Promoting development that meets the need of the current generation without comprising resources for future generations.
-
Precautionary Principle: Cessation of any developmental activity that causes irreparable and irreversible damage to the environment.
-
Polluter Pays Principle: Imposing liability on the polluter to compensate for the damage caused and to return the environment to its original state.
The scope of environmental law in promoting “development sans destruction” is tremendous. However, there is a persistent thought that concern for the environment and economic development are opposed to each other. Therefore, it is essential that companies are advised on how businesses can run with minimal environmental damage and in the most feasible manner.
Industry Challenges & Our Approach
While purchasing an industrial undertaking, it is essential that environmental law due diligence is carried out. A thorough inspection of the property with respect to the rights, risks and interests of all concerned stakeholders must be executed in order to ensure that the property is free from all encumbrances: legal and environmental. Read more
With multiple National Green Tribunals (NGT) operational across the country, environmental jurisprudence is undergoing a paradigm shift. The NGT in Pune has the jurisdiction to handle environmental matters in Maharashtra, Gujarat and Goa and deals with issues arising out of the Water (Prevention and Control of Pollution) Act, 1974, the Water (Prevention and Control of Pollution) Cess Act, 1977, the Forest (Conservation) Act, 1980, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, the Biological Diversity Act, 2002 (18 of 2003) and other Acts relating to environment. Read more