Legal Control of Industrial Pollution

Industries constitute the main spring of development. Without industrial development no country could reach a stage in which a decent living for its citizens would be achieved. Increasing production to meet the basic needs of society augmented scientific invention and machine oriented industrial order.Environmental pollution ls a burning global issue. It is more serious and dangerous than terrorism. Started with the discovery of fire and development of civilization. Pollution went unnoticed throughout the centuries of human growth until its adverse effects on human environment become explicit.National concern tor environment started in our country only atter the cause of protection of environment received global attention. At present legal control ot industrial pollution is in a scattered framework of piece meal processes with overlapping provisions and authorities.Environmental protection- should be an item not only in the concurrent list of schedule 7 to the Constitution but also in the list of matters entrusted to the panchayati institutions in the Schedule 11. It is heartening to note that so far as municipalities are concerned the Constitution of India lives up to the expectation. In the wake of New Industrial Policy based on liberalisation a long list of small scale industries fall outside the purview of environmental clearance. The Indian concept of environmental im»act assessment introduced under the Environment Act by notification excludes the entire gamut of small scale industries and r.elates only to scheduled industries covered by the notifica~ion. Most of them are subjected to ETA only it the investment goes above ~.50 crores. This provision dilutes the impact assessment considerably A mandatory impact assessment with public partiCipation and with provision for a review by specialized environmental courts will eliminate the possible evils of this judicial passiveness.

Sustainability of Participatory Projects: Study of Productive Sector under Peoples’ Planning in Chempu Village Panchayat of Kottayam District

The study has wider policy implications as it identifies the possible variables which influence the sustainability of participatory productive sector projects. The method which is developed to study the sustainability of projects under People’s Planning in Chempu Panchayat could be used for studying the same in other panchayats also. Unlike the case of the standard features of sustainability identified, the independent variables vary according to the nature of the project. Hence, this needs to be modified accordingly while applying the method in a dissimilar domain. Selection of a single panchayat for the present study is relevant on the basis of a common package of inputs for decentralised planning which is forwarded by the State Planning Board respectively for the three-tier panchayat system in Kerala. The dynamic filed realities could be brought out in view of a comprehensive planning approach through an in depth study of specific cases.The assessment of the nature and pattern of productive sector projects in the selected Village Panchayat puts the projects under close scrutiny. The analysis has depended largely on secondary sources of information, especially from panchayat level plan documents, and also on the primary information obtained using direct observation and on-site inspection of project sites. An analysis of the nature and pattem of productive sector projects is important as it gives all necessary information regarding follow-up, monitoring/evaluation and even termination of a particular project. It has also revealed the tendencies of including infrastructure and service sector projects under ‘productive’ category, especially for maintaining the stipulated ratio (40:30:30) of grant-in-aid distribution. The study regarding the allocation and expenditure pattern of plan funds is vital in policy level as it reveals the under-noticed allocation and expenditure pattern of plan funds other than grant-in-aid. One major limitation of the study has been the limited availability of secondary data, especially regarding project-wise expenditure and monitoring/evaluation reports of various project committees.