Water (Prevention and Control of Pollution) Act, 1974, Section 18, National Green Tribunal Act, 2010, Section 16 -- Pollution - Direction for closure of Unit - Order issued by State Government for closure of Unit - Order expressly made under Water Act - Said order can only be set aside either in Civil suit or by High Cpurt in the exercise of judicial review...........
National Green Tribunal Act, 2010, Section 16, Water (Prevention and Control of Pollution) Act, 1974, Section 18 -- NGT - Has no general power to judicial review akin to that vested u/art.226 of Constitution possessed by the High Courts...........
Constitution of India, 1950, Article 21, Explosives Act, 1884, Section 4 -- Explosives Rules, 2008 - Air pollution - Due to fireworks - Directions issued...........
Environment -- Protection thereof - Restraint order being sought to ensure that no industry which requires consent to operate from Pollution Control Board is permitted to function unless it has a functional effluent treatment plant which is capable to meet prescribed norms for removing pollutants from effluent before it is discharged - Directions issued...........
Gujarat Industrial Development Act, 1962, Section 13 -- Allotment of industrial plot for obtaining NOC from Gujarat Pollution Board - Is a necessary prerequisite for allotment...........
Easements Act, 1882, Section 31 -- Easement - There is no right of easement to discharge polluted water from the drain pipe of one's house or property to canal passing through another person's land - Discharge of polluted water causing nuisance or pollution to servient heritage is an excessive user of an easement and in that case servient owner has the right to obstruct..........
Air (Prevention and Control of Pollution) Act, 1981, Section 17, 31A, Environment (Protection) Act, 1986, Section 3, Constitution of India, 1950, Article 48A, 51A -- Environment Protection - Interim relief - Air and noise pollution - Use of fireworks in National Capital Region (NCR) is causing immense harm to lives and health of citizens - Moreover, it is duty of State and..........
Environment (Protection) Act, 1986, Section 3(1), 3(2), Environment (Protection) Rules, 1986, Rule 5 -- Environmental clearance - Public consultation/public hearing - Appellant set of Pig Iron Plant for manufacture of various products - Public consultation /public hearing was undertaken on 12.06.2007 and environmental clearance was granted on 20.02.2008 - However,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 269, 270, 277, 336, 326, 420, 120B, Water (Prevention and Control of Pollution) Act, 1974, Section 43, 44 -- Bail - Offence u/ss 269, 270, 277, 336, 326, 420, 120-B IPC and Ss.43, 44 of Water Act - Petitioner along with other officers was duty bound to check the treatment plant, however, they..........
Criminal Procedure Code, 1973, Section 133(1), 138 -- Public nuisance - Site inspection by Assistant Collector or Magistrate cannot be a substitute for taking evidence as mandated u/s 138(1) Cr.P.C. - Report of Secretary of Grama Panchayat or the Pollution Control Board cannot also be a substitute for taking evidence as mandated u/s 138(1) Cr.P.C...........
