KSLU Solved Question Papers
Environmental Law
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 10
2021 Mar (70 marks) Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 10 Environmental Law 2021 Mar (70 marks) Question Paper with Solutions
First published on munotes.in on 2 November 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.
munotes.in is an independent study resource for students of Karnataka State Law University. It is not affiliated with Karnataka State Law University, and is not endorsed by it.
The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by Karnataka State Law University at the 2021 Mar (70 marks) examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2021 Mar (70 marks) examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2021 Mar (70 marks) examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Total marks 70 · 14 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1What is environment impact assessment and explain the stages involved in getting environmental clearance under environmental impact assessment notification.[10]
Answer
For full marks, cover: what environment impact assessment (EIA) is and why it matters; its legal basis (the EIA Notification, 2006, made under section 3 of the Environment (Protection) Act, 1986) and the rule of prior environmental clearance; the categories of projects (A and B, and B1 and B2) and the authorities that decide; the four stages: screening, scoping, public consultation and appraisal, with their time limits; the decision and what follows it; the leading cases (Hanuman Laxman Aroskar, Alembic Pharmaceuticals, Vanashakti, 2026); a conclusion.
What EIA is
Environment impact assessment is the process of studying the likely effects of a proposed project on the environment before it is approved. It identifies the harm, considers alternatives, and suggests measures to avoid or reduce the harm. Its purpose is prevention: it lets the decision-maker refuse a harmful project, or allow it on conditions, before any damage is done.
EIA gives effect to the precautionary principle and to sustainable development. It also lets affected people have their say through a public hearing.
Legal basis
The EIA Notification, 2006 (S.O. 1533(E), dated 14 September 2006) is made by the Central Government under section 3 of the Environment (Protection) Act, 1986. It requires prior environmental clearance for new projects, and for expansion or modernisation of existing ones, listed in its Schedule. Mining, thermal power, river valley projects, industries and large construction projects are examples. No work may start on site, except securing the land, before the clearance is granted.
Categories and authorities
| Category | Projects | Decided by |
|---|---|---|
| A | Larger projects with wider impact | Ministry of Environment, Forest and Climate Change, on the advice of the Expert Appraisal Committee |
| B | Smaller projects | State Environment Impact Assessment Authority, on the advice of the State Expert Appraisal Committee |
| B1 | Category B projects that need an EIA report | as for B |
| B2 | Category B projects that need no EIA report | as for B |
The four stages
Stage 1: Screening. This applies only to Category B projects. The State Expert Appraisal Committee examines the application in Form 1. It decides whether the project needs further study and an EIA report (B1) or not (B2).
Stage 2: Scoping. The Expert Appraisal Committee, or the State Committee, settles the terms of reference. These list the matters the EIA report must cover. The terms are conveyed to the applicant within sixty days. The application may be rejected at this stage on the Committee's recommendation.
Stage 3: Public consultation. Category A and B1 projects must consult the public, with some exceptions. These include projects in approved industrial estates, building and construction projects, B2 projects and defence projects. It has two parts:
- A public hearing at or near the site, conducted by the State Pollution Control Board. The proceedings must reach the regulatory authority within forty-five days of the request. If the Board fails, the authority engages another agency.
- Written responses from others with a plausible stake.
The applicant then addresses the concerns raised and finalises the EIA report.
Stage 4: Appraisal. The Expert Appraisal Committee examines the final EIA report, the public consultation outcome and other documents in detail. It makes a reasoned recommendation, to grant on stated conditions or to reject, within sixty days.
Decision and after
The regulatory authority considers the recommendation and conveys its decision to the applicant within forty-five days. If it disagrees, it asks the Committee to reconsider. After clearance, the project must comply with the conditions and file compliance reports.
The leading cases
The process must be honest. Hanuman Laxman Aroskar v. Union of India, AIRONLINE 2019 SC 318. Environmental clearance for a new airport at Mopa in Goa was granted on an EIA. It did not disclose the forests, water bodies and eco-sensitive features of the plateau. The Supreme Court held that the failure to disclose them in Form 1 undermined the terms of reference and the assessment. The Committee had given no real reasons. The clearance was suspended and the Committee told to revisit it.
Clearance must come first. Alembic Pharmaceuticals Ltd. v. Rohit Prajapati, AIRONLINE 2020 SC 445. Industries ran without clearance and later obtained one under a circular allowing ex post facto clearance. The Court held that ex post facto clearance is alien to environmental jurisprudence, because the study must come before the activity. On the facts, it imposed compensation instead of closure.
The present position. Vanashakti v. Union of India, 2026 INSC 761, decided on 29 July 2026. A Bench of three judges held that the prior clearance regime under the 2006 Notification is mandatory. It held that the Central Government may still, under section 3, issue a narrowly tailored and time-bound amnesty notification in the public interest. It upheld the notification of 2017 on that footing.
Conclusion. EIA studies a project's environmental effects before it is approved, so that harm can be prevented. Under the EIA Notification, 2006, listed projects need prior clearance after screening, scoping, public consultation and appraisal, each with fixed time limits. Hanuman Laxman Aroskar shows that a dishonest assessment cannot support a clearance. Alembic and Vanashakti (2026) confirm that clearance must ordinarily come first, subject only to a narrow amnesty the Government may notify.
The rest of the answers
The first answer is free. The rest come with the KSLU B.A. LL.B. Semester 10 solved papers.
You have read the question paper and its first answer in full. Buy the solved papers once and you can read every answer of every solved paper in this semester.
Solved papers: ₹499 Already bought it? Sign in
The question paper itself stays free, and so does the syllabus.
What should we fix or add?
Found an error in this volume? Report it and we will check it against the paper.