2. ▶ Environmental Protection is sine qua non for growth and development of any
nation. In absence of effective/ appropriate legal machinery environmental
standards cannot be maintained. The Government of India, has passed several laws,
prominent among them are Water (Prevention and Control of Pollution) Act, 1974,
Air (Prevention and Control of Pollution) Act, 1981, Environment (Protection) Act,
1986.
▶ Even before the emergence of Environment Legislations and PIL, an aggrieved
could invoked/ seek relief under common law, by instituting an action for Nuisance,
trespass, Negligence and Strict Liability.
▶ It is said that modern Environmental Law has its roots in the Common Law
Principles of Nuisance. The substantive Law for the Protection of the citizen’s
Environment is basically that of Common Law, relating to Nuisance.
3. COMMON LAW REMEDIES
▶ Common Law: Judge made Law
▶ One of the oldest sources of Environmental Law.
▶ M.C. MEHTAV/S. KAMALNATH:
“The Environmental Pollution amounts to Civil Wrong and by its
nature it is a tort committed against the whole community. A person who
is guilty of causing pollution has to pay for damages for restoration of
environment and ecology.”
4. ▶ The remedies under the Common Law against the Environmental
Pollution are available under the Law of Torts:
Nuisance
Trespass
Negligence
Strict andAbsolute Liability
5. NUISANCE
▶ Nuisance means anything which annoys, hurts or that which is offensive. It may be in
form of obnoxious smells, fumes, air or water pollution due to the effluents discharge,
etc.
▶ The word “Nuisance” is derived from the French word, “nuire” and Latin Word,
“Nocere”, which means “to do hurt or to anoy”
▶ It is an act or omission, interfering with the right of another to enjoy some property,
causing damage or physical discomfort.
▶ Principle : “Sic utere tuo ut alienum non laedas”, which means, ‘Every one must so
use his own as not to damage another’.
6. ▶ CASE LAWS:
▶ Ram Baj Singh v/s Babu Lal
▶ Free Legal Aid Cell v/s Govt. of NCT of Delhi : “Pollution being wrongful
contamination of the environment which causes material injury to the right of
an individual, noise can well be regarded as a pollutant because it
contaminates environment, causes nuisance and effects the health of a person
if it exceeds a reasonable limit.”
▶ Bijayananda Patra v/s. District Magistrate, Cuttak : “Where noise can be said
to amount to nuisance, the person causing noise can be restrained by
injunction, even though that person was causing noise in the course of
conducting his business.”
7. NEGLIGENCE
▶ Where a person has a duty to take care and the care is not taken
resulting in injury to another. In other words, infliction of an injury
or damages as a result of failure to take care is called, “negligence”.
▶ Prof. Winfield :- “Negligence is the breach of a legal duty to take
care, which results in damage, undesired by the defendant to the
Plaintiff”.
▶ Naresh Dutt Tyagi v/s State of Uttar Pradesh
▶ Mukesh Textile Mills v/s Subramanya Sastri
8. STRICT LIABILITY
▶ A duty which renders a man liable without any fault of his and irrespective of any
consideration or intention or negligence on his part
▶ Evolved in the case of Rylands v/s. Fletcher, by Blackburn J.
▶ Strict Liability :-
Liability irrespective of negligence with defences.
▶ Absolute Liability :-
Liability irrespective of negligence without defences.
(M.C.Mehta and Anr v/s Shri Ram Foods and Fertilizers Industries and Others
(Oleum Gas Leak Case)
9. ABSOLUTE LIABILITY
▶Where an enterprise is engaged in a hazardous or
inherently dangerous activity resulting for example,
in the escape of toxic gas, the enterprise is strictly
and absolutely liable to compensate all those who
are affected by the accident and such liability is not
subject to any of the exceptions which operate vis-
à-vis the tortious principle of strict liability.
10. INDIAN PENALCODE
▶ Indian Penal Code, 1860, makes various acts affecting environment as offences:
▶ Section 268: Public Nuisance
▶ Section 269 to 271: Negligent/malignant act likely to spread infection of
disease dangerous to life
▶ Section 277: Fouling water of Public spring or reservoir
▶ Section 278: Making atmosphere noxious to health
▶ Section 284: Negligent conduct with respect to poisonous substance.
11. CODE OF CRIMINAL PROCEDURE
▶ Section 133, Cr.P.C. :- Conditional order for removal
of nuisance
▶ Can be used against statutory bodies like
municipalities, corporations and other government
bodies.
▶ Municipal Council, Ratlam v/s Vardichand :-
▶ Krishna Gopal v/s State of Madhya Pradesh
▶ Govind Singh v/s Shanti Sarup
12. CODE OF CIVIL PROCEDURE
▶ Section 91:- Right ofAction in case of public nuisance
▶ By:
A) theAdvocate General
B) with the leave of the Court, by two or more persons, even
though no special damage has been caused to such persons by
reason of such public nuisance.
15. ▶ The Water (Prevention and Control of Pollution) Act, 1974 the first of a
series of legislation passed by the Government of India pertaining to
regulation of environmental aspects in the country. Rising water pollution
due to industrial and domestic activities became a cause of concern,
leading to the enaction of this legislation.
▶ Water- most important element of nature, basic need for the survival of
human beings and is part of the right to life and human rights as enshrined
underArticle 21 of the Constitution of India.
▶ United Nations Water Conference, 1977 :-
▶ “All people, whatever their stage of development and their social and
economic conditions, have right to have access to drinking water in
quantum and of a quality equal to their basic needs.
16. An Act to provide for the prevention and control of water pollution and the maintaining or restoring
of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of
Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards
powers and functions relating thereto and for matters connected therewith.
WHEREAS it is expedient to provide for the prevention and control of water pollution and the
maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out
the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on
and assigning to such Boards powers and functions relating thereto;
AND WHEREAS Parliament has no power to make laws for the States with respect to any of the
matters aforesaid except as provided in articles 249 and 250 of the Constitution;
AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been
passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal
Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal
to the effect that the matters aforesaid should be regulated in those States by Parliament by law.
17. OBJECTIVES:
▶ This Act is enacted in pursuance to provisions
ofArticle 252 of the Constitution of India.
▶ The fundamental objective of the Water Act is
to provide clean drinking water to the citizens.
▶ To provide for the prevention and control of
water pollution.
▶ To establish Central and State Boards.
▶ To provide penalties for the contravention of
the provisions of the WaterAct.
▶ To establish Central and State Water testing
Laboratories.
18. SALIENT FEATURES
▶ The water act is designed to assess pollution levels and punish pollutants.
▶ The main feature of the Water Act is the control of pollution through a permit or
“consent administration” procedure. Discharge of effluents into water bodies was
only allowed by obtaining the consent of the State Board, within restrictions it
poses.
▶ Constitution of the Central Pollution Control Board and State Pollution Control
Boards,
▶ Constitution of Joint Boards
▶ The act empowers the board to take:- water samples for analysis- govern
discharge of sewage- trade effluents- study or inspect appeals- revision of
policies- set minimum and maximum penalties- publication of names of
offenders- offences by companies or government departments.
19. DEFINITIONS
▶ Section 2 (a) : “Board” means the Central Board or a State Board.
▶ Section 2 (b): “Central Board” means the Central Pollution Control Board constituted under section 3
▶ Section 2 (d) : “occupier”, in relation to any factory or premises, means the person who has control
over the affairs of the factory or the premises, and includes, in relation to any substance, the person in
possession of the substance.
▶ Section 2 (e) : “pollution” means such contamination of water or such alteration of the physical,
chemical or biological properties of water or such discharge of any sewage or trade effluent or of any
other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely
to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic,
commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or
plants or of acquatic organisms.
▶ Section 2 (k) : “trade effluent” includes any liquid, gaseous or solid substance which is discharged from
any premises used for carrying on any [industry, operation or process, or treatment and disposal
system], other than domestic sewage.
20. THE CENTRALAND STATE BOARDS FOR PREVENTION AND
CONTROL OF WATER POLLUTION
▶ Central Pollution
constituted by the
Control Board is
Central Government,
under Section 3.
▶ The Central Board shall be consist of:
• One Full time Chairman
• Five Officials- to represent Central Govt.
• Five persons- nominated by Central
Govt. from members of the State Boards.
• Three Non-Officials- to represent the
interest of agriculture, fishery or industry
or trade.
• Two persons to represent companies
owned by Central Govt.
▶ State Pollution Control Board is constituted
by the State Government, under Section 4.
▶ The State Board shall consist of:
One Full time Chairman
Five Officials- to represent State Govt.
Five persons- nominated by State Govt.
from members of the LocalAuthority.
Three Non-Officials- to represent the
interest of agriculture, fishery or industry
or trade
Two persons to represent companies
owned by State Govt.
21. T. Rama Krishna Rao v/s The Chairman, HUDA&
Others.
▶ Two Kinds of Water Pollutants: Conventional/ Classic
Pollutants and Non-Conventional Water Pollutants (more
serious in comparison to conventional pollutants).
▶ The enjoyment of life and its attainment and fulfilment
guaranteed by Article 21 of the Constitution embraces the
protection and preservation of nature’s gift without which
life cannot be enjoyed.
▶ Earth has been described as ‘a jewel in space’, but that jewel
is passing through various atmospheric problems such as
lifeless rivers……
▶ Our own Ganga – the cradle of India’s civilisation has
become one of the highly polluted rivers in the world,
threatening human lives around.
22. TERMS AND CONDITIONS OF SERVICE OF MEMBERS:
▶ A Member of the Board shall hold his office for a term of 3 years from the date
of his nomination. However, a member shall, notwithstanding the expiration of
his term, continue to hold his office until his successor enters upon his office.
▶ The Central Govt. or the State Govt. may remove any member of a Board
before expiry of his term of office by giving reasonable opportunity of hearing.
▶ Section 6 of the Act prescribes disqualifications, they are:- insolvency, unsound
mind, conviction for an offence under the Water Act, or partnership/any share or
interest in any firm or company-manufacturing, selling any machinery, plant,
equipment for treatment of sewage or trade effluent or working as a
director/secretary/manager of any company having contract with the Board or
abusing position as a member of the Board.
23. JOINT BOARDS:
▶ AJoint Board may be constituted under Section 13 by an agreement to be entered into:-
By two or more Governments of adjoining States;
By Central Govt., in respect of One or more Union territories and one or more State Government
contiguous to such Union Territory;
▶ Composition:
▶ In case of an agreement between Two or more Govt.:
One Full time Chairman, Two Officials from each state, One person nominated by each state to
represent local authorities, One non-official Member to be nominated by each state to represent
interest in agriculture, fishery, industry or trade, two persons to represent the companies/corporations
owned by State Govt and a Full time member-secretary.
▶ In case of an agreement entered into between by Central Govt (in respect of one or more UT and
One or more Govt of States adjoining to such Union Territories:-
One Full time Chairman, Two Officials from participating U.Ts and from participating States, One
person nominated by Central Govt. to represent local authorities functioning in participating U.T and
State, One non-official Member to be nominated to represent interest in agriculture, fishery, industry
or trade, two persons to represent the companies/corporations owned by Central Govt and situated in
participating U.T. And State and a Full time member-secretary.
24. POWERSAND FUNCTIONS OF
BOARD
▶ Chapter IV of the WaterAct deals with powers and functions of the Central Board and State Board.
▶ Functions of Central Board: (Section 16)
to promote cleanliness of streams and wells
Advise Central Government on matters concerning prevention and control of water pollution.
Co-ordinate the activities of State Boards.
Technical assistance and guidance to State Board
To perform functions of State Board where State Board has failed to perform its functions
Collect, compile and publish technical and statistical data relating to water pollution
Plan and organize nation-wide programme for the prevention and control of water pollution
Establish and recognize laboratories for analysis of water samples, sewage or trade effluents.
Lay down standards for stream or well
Plan and organize the training of persons engaged in prevention, control and abatement of water
pollution.
25. FUNCTIONS OFSTATE BOARD (SECTION 17):
▶ To plan a comprehensive programme for the prevention, control or abatement of water pollution
▶ To advise State Govt on matters concerning the prevention, control and abatement of water pollution.
▶ To collect and spread information relating to prevention, control and abatement of water pollution.
▶ To collaborate with the Central Govt in organising training programmes.
▶ To inspect and lay down standards for the sewage and trade effluents.
▶ To evolve economic and reliable methods for treatment of sewage and trade effluents and to evolve
efficient method for their disposal in stream or on land.
▶ To make any order for the prevention, control or abatement of discharge of wastes into streams or
wells and requiring any person to adopt such remedial measures as are necessary to prevent, control
or abate water pollution.
▶ To lay down effluent standards to be complied with by persons while discharging sewage or sullage or
both
▶ To advise the State Govt. with respect to the location of any industry which is likely to pollute a
stream or well.
26. Ramji Patel V/s. Nagrik Upbhokta Marg Darshak
Manch:
▶ Direction to Central Pollution Control Board to submit a project report so as to
prevent altogether the possibility of contamination/ pollution of drinking water
carried through pipelines.
State of M.P. v/s Kedia Leather and Liquor Ltd.
▶ The Supreme Court deprecated the negligence shown by the State Pollution
Control Board in discharging its statutory functions and held that the Board is
expected to discharge its functions without directions being issued by the court
in that regard.
27. POWER TO GIVE DIRECTION (S.18):
▶ In performance of its functions under thisAct:-
▶The Central Board shall be bound by such directions in writing as
the Central Government may give to it;
▶Every State Board shall be bound by such directions in writing as
the Central Government or the State Government may give to it.
▶ Where the Central Government is of the opinion that any State Board
has defaulted in complying with the directions given by the Central
Board and as a result of which a grave emergency has arisen, it may
direct the Central Board to perform any of the functions of the State
Board for a specified period.
28. PREVENTION AND CONTROL OFWATER POLLUTION:
▶ CHAPTER: V
▶ Power of the State Government to restrict the Application of the Act to
certain areas- power to alter any area or define a new area (S.19)
▶ Power to obtain Information- for purpose of performing functions, the
State Board/any officer can make surveys, keep record and can also give
directions requiring any person to give such information. Failure to comply
with such direction is punishable under Section 41 of theAct.
▶ Power to take samples of effluents and procedure to be followed (S.21)
▶ Reports of the result of analysis on samples taken under Section 21.
Delhi Bottling Co. Pvt. Ltd. v/s Central Board for the Prevention and
Control of Pollution.
29. POWER TO TAKE SAMPLES
▶ The State Board or any authorized officer shall have the power to take samples of water from
any stream or well or samples of any sewage or trade effluent for the purpose of analysis.
▶ The result of the analysis will be valid only if the procedure laid down in Section 21 is
followed.
▶ The person taking the sample shall :-
▶ serve on the person in charge of, or having control over, the plant or vessel or in
occupation of the place (which person is hereinafter referred to as the occupier) or any
agent of such occupier, a notice, then and there in such form as may be prescribed of his
intention to have it so analyzed;
▶ in the presence of the occupier or his agent, divide the sample into two parts;
▶ cause each part to be placed in a container which shall be marked and sealed and shall
also be signed both by the person taking the sample and the occupier or his agent;
30. POWER OF ENTRY AND INSPECTION
Subject to the provisions of this section, any person empowered by a State Board in this behalf
shall have a right at any time to enter, with such assistance as he considers necessary, any place :
for the purpose of performing any of the functions of the Board entrusted to him;
for the purpose of examining any plant, record, register, document or any other material
object or for conducting a search of any place in which he has reason to believe that an
offence under this Act or the rules made thereunder has been or is being or is about to be
committed and for seizing any such plant, record, register, document or other material object,
if he has reason to believe that it may furnish evidence of the commission of an offence
punishable under thisAct or the rules made thereunder.
The provisions of the Code of Criminal Procedure, 1973 (2 of 1974)], shall, so far as may be,
apply to any search or seizure under this section as they apply to any search or seizure made
under the authority of a warrant issued under section 94 of the said Code, or, as the case
may be, under the corresponding provisions of the said law
31. PROHIBITION ON USE OF WATER BODIES FOR DISPOSAL OF
POLLUTING MATTERS (S.24)
▶ No person shall knowingly cause or permit any poisonous,
noxious or polluting matter determined in accordance with
such standards as may be laid down by the State Board to
enter (whether directly or indirectly) into any stream or
well or sewer or on land, or
▶ No person shall knowingly cause or permit to enter into
any stream any other matter which may tend, either
directly or in combination with similar matters, to impede
the proper flow of the water of the stream in a manner
leading or likely to lead to a substantial aggravation of
pollution due to other causes or of its consequences.
▶ Contravention of any provision of this Section is
punishable under Section 43 of the WaterAct.
32. RESTRICTIONS ON NEW OUTLETS AND NEW DISCHARGES- SECTION 25
▶ No person shall, without the previous consent of the State Board, -
▶ establish or take any steps to establish any industry, operation or process, or any treatment
and disposal system or any extension or addition thereto, which is likely to discharge
sewage or trade effluent into a stream or well or sewer or on land (such discharge being
hereafter in this section referred to as discharge of sewage); or
▶ Bring into use any new or altered outlet for the discharge of sewage; or
▶ Begin to make any new discharge of sewage:
▶ An application for consent of the State Board under sub-section (1) shall be made in such
form, contain such particulars and shall be accompanied by such fees as may be prescribed.
▶ The State Board may make such inquiry as it may deem fit in respect of the application for
consent referred to in sub-section (1) and in making any such inquiry shall follow such
procedure as may be prescribed.
▶ A.P. Pollution Control Board v/s M.V. Nayudu
▶ Vidyanagar Educational Trust v/s K.S.P.C. Board, Bangalore
33. PROVISION REGARDING EXISTING DISCHARGE OF
SEWAGE OR TRADE EFFLUENT (S.26)
Where immediately before the commencement of this Act any
person was discharging any sewage or trade effluent into stream or well
or sewer or on land], the provisions of section 25 shall, so far as may be,
apply in relation to such person as they apply in relation to the person
referred to in that section subject to the modification that the application
for consent to be made under sub-section (2) of that section 2 shall be
made on or before such date as may be specified by the State
Government by notification in this behalf in the Official Gazette.
34. Refusal or withdrawal of consent by state
board (s.27)
▶ A State Board shall not grant its consent under sub-section (4) of section 25 for the
establishment of any industry, operation or process, or treatment and disposal
system or extension or addition thereto, or to the bringing into use of a new or
altered outlet unless the industry, operation or process, or treatment and disposal
system or extension or addition thereto, or the outlet is so established as to comply
with any conditions imposed by the Board to enable it to exercise its right to take
samples of the effluent.
▶ A State Board may from time to time review, any condition imposed under section
25 or section 26 and may serve on the person to whom a consent under section 25
or section 26 is granted a notice making any reasonable variation of or revoking
any such condition
35. ▶ Appeal- any person aggrieved by an Order made by the State Board under
Section 25, 26 and 27 may within 30 days from the date of communication of
Order prefer an Appeal to the Appellate Authority as the State Govt may
constitute. (S.28).
▶ Revision of Orders passed under section 25, 26 or 27. (S.29)
▶ Power of the State Board to carry out certain works (S.30)
▶ Furnishing of information to State Board or other agencies – discharge of
polluting matter into water bodies due to an accident or other unforeseen events.
(S.31)
▶ Power to take emergency measures in case of pollution (S.32)
▶ Power of Board to make Application to Court for restraining Apprehended
Pollution of Water. (S.33)
36. ▶ Power to give directions (S.33A) - incorporated by way of an Amendment
of the WaterAct in 1988.
“Notwithstanding anything contained in any other law, but subject to
the provisions of this Act, and to any directions that the Central Government
may give in this behalf, a Board may, in the exercise of its powers and
performance of its functions under this Act, issue any directions in writing to
any person, officer or authority, and such person, officer or authority shall be
bound to comply with such directions”.
▶ Mandu Distilleries Pvt. Ltd. v/s M.P. Pradushan Nirwan Mandal
▶ Ambuja Petrochemicals Ltd. v/sA.P.Pollution Control Board
▶ Bhavani river v/s Shakthi Sugar Ltd. Case
▶ Stella Silks Ltd. v/s State of Karnataka
37. PENALTIESAND PROCEDURES
▶ Chapter VII
1. Failure to comply with direction under Section 20, or orders issued under
Section 32 or direction issued under Section 33Aor Section 33- (S.41)
2. Penalty for certain acts- e.g. destroying, pulling down any pillar, post
fixed in the ground or any notice put up by the Board or damages any
works or property belonging to the Board- shall be punished with
imprisonment for a term which may extend to 3 months or with a fine
which may extend to Rs. 10,000/-
3. Penalty for Contravention of provision of Section 24- imprisonment for a
term which shall not be less than one year and six months and may extend
to six years and with fine.
38. 4. Any person who contravenes the provisions of Section 25 or Section 26, shall be
punishable with imprisonment for a term which shall not be less than one year
and six months and which may extend to six years and fine.(S.44)
5. Enhanced penalty after previous conviction- imprisonment for a term which
shall not be less than two years but which may extend to seven years and with
fine.(S.45)
6. Section 45-A: when no penalty is provided for an offence- then imprisonment
which may extend to 3 months or with fine which may extend to Rs. 10,000/- or
with both.
7. Publication of names of Offenders-(S.46)
8. Offences by companies
9. Offences by Govt. Department
39. MISCELLANEOUS PROVISIONSB
▶ Section 51- casts duty on Central Government to establish or specify a Central Water
Laboratory and to make rules prescribing the functions, the procedure.
▶ Section 52-State Water Laboratory
▶ Analysts
▶ Reports ofAnalysts
▶ LocalAuthorities toAssist
▶ Compulsory Acquisition
▶ Power to supersede the Boards
40. M.C. MEHTA V/S UNION OF INDIA
(GANGA POLLUTION(MUNICIPALITIES) CASE
▶ The river Ganga is famous for its historical significance and religious
importance and is considered most sacred by the Hindus. Number of
cities, towns and villages belonging to U.P., Bihar, West Bengal, etc.,
are located on the banks of the river.
▶ The Ganga water got polluted as industrial wastes, chemical effluents,
human excreta etc., are being discharged into the river. Further, a
number of dead bodies are thrown into the river at kasi, with a belief
that the dead persons would go to heaven directly since they consider
Kasi as holy place and the river as sacred.
▶ The sewage water in huge quantities from Calcutta, Kanpur and other
places is being discharged into the river. The dung, fodder waste and
other refuse from the cattle is released into the river.
41. ▶ The sample of Ganga water at Kanpur were collected and tested
and it was found that it is not suitable for drinking purpose by the
authorities (viz. U.P. Jal Nigam, U.P. Water Pollution Control
Board, Central Leather Research Institute, etc.)
▶ The Petitioner M.C.Mehta, a practicing advocate in the Supreme
Court filed a Public Interest Litigation in the Supreme Court
under Article 32 of the Constitution- against the Union of India,
Kanpur Municipal Corporation and others for removal/
prevention of public nuisance caused by the polluted Ganga
Water.
▶ The Petitioner in this petition contended that the Kanpur
Municipal Corporation failed to control/ prevent the Pollution
under the Environment (Protection) Act, 1986, the Water
(Prevention and Control of Pollution) Act, 1974, etc. and prayed
the court to direct the concerned authorities to take necessary
steps.
42. JUDGMENT
1) The Supreme Court allowed the Petition.
2) The Kanpur Nagar Maha Palika was directed to, shift the cattle causing public
nuisance at dairies to outskirts of the city; to improve the sewage system and
construct public lavatories and urinal in the slum areas; to abandon the practice of
throwing corpse and semi-burnt corpses into the water.
3) High Courts were directed not to grant stay orders liberally to the industrialists and
pollutants and avoid delay in disposal of the cases;
4) The Government was directed not to issue licenses to new industries and refuse
renewal of licenses unless they strictly comply with the provisions and establish
effluent treatment plants;
5) The Central Government was directed to direct all educational institutions
throughout India to arrange to teach at-least one hour in a week on “Protection and
Improvement of Environment”
43. SUSHIL KUMAR V/S STATE OF PUNJAB
The present Application is being filed under Section 24 of the Water Act. The case of
the Applicant is that about 10,000 kilo ltr. of molasses/ Acidic water is being released
in the Beas River through Kahnuwan Drain, causing water pollution. The Fish in the
river have died because of it. According to the applicant, thus amounts to offence
under Section 277 of IPC, apart from violation of Section 24 of Water (Prevention
and Control of Pollution)Act, 1974.
The Applicant has also placed photographs, news report dated 19.05.2018 in
Hindustan Times under heading “dead fish in Beas River : Dolphins not sighted
after killer spill”.
In view of above, it was directed to constitute a Joint Inspector Committee
comprising of representatives of Central Pollution Control Board (CPCB, Punjab
State Pollution Control Board and Punjab Fisheries State Development Board for
furnishing the report on the factual aspects.
45. ▶ Air pollution refers to any physical, chemical or biological change in the air. It is
the contamination of air by harmful gases, dust and smoke which affects plants,
animals and humans drastically. There is a certain percentage of gases present in
the atmosphere. An increase or decrease in the composition of these gases is
harmful to survival.
▶ Following are the important causes of air pollution:
▶ Burning of Fossil Fuels : The combustion of fossil fuels emits a large amount of
sulphur dioxide. Carbon monoxide released by incomplete combustion of fossil
fuels also results in air pollution.
▶ Automobiles : The gases emitted from vehicles such as jeeps, trucks, cars, buses,
etc. pollute the environment. These are the major sources of greenhouse gases
and also result in diseases among individuals.
▶ Factories and Industries :Factories and industries are the main source of carbon
monoxide, organic compounds, hydrocarbons and chemicals. These are released
into the air, degrading its quality.
▶ Mining Activities : In the mining process, the minerals below the earth are
extracted using large pieces of equipment. The dust and chemicals released
during the process not only pollute the air, but also deteriorate the health of the
workers and people living in the nearby areas.
46. THE AIR (PREVENTION AND CONTROL OF POLLUTION)ACT, 1981
▶ Passed by Parliament under Article 253 of the Constitution of
India, to implement the decisions taken at the United Nations
Conference on Human environment held at Stockholm in June,
1972.
▶ The Air Act came into force on 16th May, 1981 and it extends
to the whole of India.
▶ TheAirAct’s framework is similar to the WaterAct of 1974.
▶ To enable an integrated approach to environmental problems,
the Air Act expanded the authority of the Central and Stater
Board established under the Water Act to include Air Pollution
Control.
47. SALIENT FEATURES :-
1. Has 54 Sections, divided into 7 Chapters.
2. Provides for Powers and Functions of Pollution Control Boards.
3. Provides for imposition of restriction on use of certain industrial plant in pollution control area.
4. Power to make application to the court for restraining person from causingAir Pollution.
5. Gives power to State Board to declare any area within the State as “Air Pollution Control
Area”.
6. Power to entry and inspection to State Board
7. Power to call for any information from the occupier
8. Power to collect samples of air or emission
9. Establishment ofAppellateAuthority
10. Empowered State Government, to supersede the State Board under specified circumstances.
48. An Act to provide for the prevention, control and abatement of air pollution,
for the establishment, with a view to carrying out the aforesaid purposes, of Boards,
for conferring on and assigning to such Boards powers and functions relating thereto
and for matters connected therewith.
WHEREAS decisions were taken at the United Nations Conference on the
Human Environment held in Stockholm in June, 1972, in which India participated,
to take appropriate steps for the preservation of the natural resources of the earth
which, among other things, include the preservation of the quality of air and control
of air pollution;
AND WHEREAS it is considered necessary to implement the decisions
aforesaid in so far as they relate to the preservation of the quality of air and control
of air pollution
49. OBJECTIVES
▶ The Air (Prevention and Control of Pollution) Act. 1981
is a specialized legislative measure, meant to tackle one
facet of environment pollution. Its main objectives are as
following:-
1. To provide for the prevention, control and
abatement of air pollution
2. To provide for the establishment of Central and
State Boards, with a view to implement the
aforesaid purpose
3. To provide for conferring on such Boards powers
and assigning to such Boards functions relating
thereto
4. To lay down the standards to maintain the quality of
air.
50. DEFINITIONS
Section 2 (a) :- “Air Pollutant” means any solid, liquid or gaseous substance
(including noise) present in the atmosphere in such concentration as may be or
tend to be injurious to human beings or other living creatures or plants or property
or environment;
Section 2 (b) :- “Air Pollution” means the presence in the atmosphere of any air
pollutant.
Section 2(f) :- “Board” means the Central Board or a State Board;
Section 2 (g) :- “Central Board” means the Central Pollution Control Board
constituted under section 3 of the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974);
Section 2 (h) :- “Chimney” includes any structure with an opening or outlet from
or through which any air pollutant may be emitted;
51. ▶ Section 2 (i) :- “Control Equipment” means any apparatus, device, equipment or
system to control the quality and manner of emission of any air pollutant and
includes any device used for securing the efficient operation of any industrial
plant;
▶ Section 2 (j) : “emission” means any solid or liquid or gaseous substance coming
out of any chimney, duct or flue or any other outlet.
▶ Section 2 (o) : “State Board” means -
▶ in relation to a State in which the Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974), is in force and the State Government has constituted for
that State a State Pollution Control Board under section 4 of that Act, the said
State Board; and
▶ in relation to any other State, the State Board for the Prevention and Control of
Air Pollution constituted by the State Government under section 5 of thisAct
52. CONSTITUTION OF BOARDS
CENTRAL POLLUTION CONTROL BOARD
▶ The Central Pollution Control Board constituted under section 3 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without
prejudice to the exercise and performance of its powers and functions under that
Act, exercise the powers and perform the functions of the Central Pollution Control
Board for the prevention and control of air pollution under thisAct.
STATE POLLUTION CONTROL BOARD
▶ In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6
of 1974), is in force and the State Government has constituted for that State a State
Pollution Control Board under section 4 of that Act, such State Board shall be
deemed to be the State Board for the Prevention and Control of air Pollution
constituted under section 5 of thisAct
53. CONSTITUTION OF STATE BOARD, WHERE THE STATE BOARD HAS
NOT BEEN CONSTITUTED UNDER THE WATER (PREVENTION AND
CONTROL OF POLLUTION) ACT, 1974.
▶ In any State in which the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974), is not in force, or that Act is in force but the State
Government has not constituted a 4 State Pollution Control Board under
that Act, the State Government shall, with effect from such date as it may,
by notification in the Official Gazette, appoint, constitute a State Board
for the Prevention and Control of Air Pollution under such name as may
be specified in the notification, to exercise the powers conferred on, and
perform the functions assigned to, that Board under thisAct.
54. DISQUALIFICATIONS :
▶ No person shall be a member of a State Board constituted under thisAct, who
▶ Is, or at any time has been, adjudged insolvent, or
▶ Is of unsound mind and has been so declared by a competent court, or
▶ Is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral
turpitude, or
▶ Is, or at any time has been, convicted of an offence under thisAct, or
▶ Has directly or indirectly by himself on by any partner, any share or interest in any Firm or company
carrying on the business of manufacture, sale, or hire of machinery, industrial plant, control equipment
or any other apparatus for the improvement of the quality of air or for the prevention, control or
abatement of air pollution, or
▶ Has so abused, in the opinion of the State Government, his position as a member, as to render his
continuance on the State Board detrimental to the interest of the general public.
▶ The State Government shall, by order in writing, remove any member who is, or has become, subject
to any disqualification mentioned in sub-section (1).
55. Functions of Central Board
To improve quality ofAir and to prevent, control or abate air pollution in the country.
To advise Central Govt on any matter concerning improvement of the quality of air.
Plan and execute a nation-wide programme for prevention, control ofAir Pollution
Co-ordinate the activities of the State Boards.
Provide technical assistance and guidance to the State Board
Plan and organize the training of persons engaged or to be engaged in programmes
for the prevention, control and abatement of air pollution
Lay down standards for the quality of air
Establish and recognize laboratory
Delegate any of its functions under thisAct to any of the committee appointed by it.
56. Functions of State Board :
▶ To plan comprehensive programme for the prevention, control or abatement of air
pollution and to secure the execution thereof.
▶ To advise State Government on any matter concerning the prevention, control or
abatement ofAir Pollution.
▶ To collaborate with the Central Board in organizing the training of persons
engaged in prevention, control or abatement ofAir Pollution.
▶ Inspections
▶ To lay down standards for the quality of air
▶ To advise the State Govt with respect to the suitability of any premises or location
for carrying on any industry which is likely to cause air pollution
▶ Such other functions as may be entrusted by the Central Board
▶ Establish and recognize a laboratory or laboratories.
57. POWER TO GIVE DIRECTIONS (S. 18)
▶ In performance of its functions under thisAct:-
▶ The Central Board shall be bound by such directions in writing as the
Central Government may give to it;
▶ Every State Board shall be bound by such directions in writing as the
Central Government or the State Government may give to it.
▶ Where the Central Government is of the opinion that any State Board has
defaulted in complying with the directions given by the Central Board and as a
result of which a grave emergency has arisen, it may direct the Central Board
to perform any of the functions of the State Board for a specified period.
58. ▶ Navin Chemicals Co. Ltd. v/s New Okhala Industrial Development
Authority
▶ K. Muniswamy Gowda v/s State of Karnataka.
▶ Pollution Control BoardAssam v/s Mahabir Coke Industry.
▶ The Court directed accountability of authorities under the Pollution
Control Board for declaration of their duties. The Court held that the
authorities under the Pollution Control Board in whom Parliament had
reposed confidence must be made answerable if they are guilty of
dereliction of duties.
59. PREVENTION AND CONTROL OFAIR POLLUTION
▶ Chapter IV, Sections 19 to 31A, provides for prevention and control
ofAir Pollution.
1. Power conferred upon the State Government to declare an area as
Air Pollution ControlArea. (S.19)
Oleum Gas Leakage Case
2. Power to give instructions ensuring standards for emission from
automobiles (S.20)
3. Power to give permission to operate industrial plant/ restriction on
use of certain industrial plant in an Air Pollution Control Area
(S.21)
60. ▶ Section 22 : Persons carrying on industry, etc., not to allow emission of air pollutants in
excess of the standard laid down by State Board : No person operating any industrial plant,
in any air pollution control area shall discharge or cause or permit to be discharged the
emission of any air pollutant in excess of the standards laid down by the State Board under
clause (g) of sub-section (1) of section 17
▶ Power of the Board to make Application to Court for restraining persons from causing Air
Pollution (S.22A)
▶ Where it is apprehended by a Board that emission of any air pollutant, in excess of the standards
laid down by the State Board under clause (g) of sub-section (1) of section 17, is likely to occur
by reason of any person operating an industrial plant or otherwise in any air pollution control
area, the Board may make an application to a court, not inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class for restraining such person from emitting
such air pollutant.
61. ▶ Power of the Board to take remedial measures/duty of a person in charge to intimate about
emission of air pollutants into atmosphere in excess of the standards laid down by the State
Board (S.23) – Power to obtain information
▶ Where in any area the emission of any air pollutant into the atmosphere in excess of the standards
laid down by the State Board occurs or is apprehended to occur due to accident or other unforeseen
act or event, the person in charge of the premises from where such emission occurs or is
apprehended to occur shall forthwith intimate the fact of such occurrence or the apprehension of
such occurrence to the State Board and to such authorities or agencies as may be prescribed.
▶ On receipt of information with respect to the fact or the apprehension of any occurrence of the
nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise,
the State Board and the authorities or agencies shall, as early as practicable, cause such remedial
measure to be taken as are necessary to mitigate the emission of such air pollutants.
▶ CHAITANYA PULVERISING INDUSTRY VS K.S.P.C. BOARD.
62. POWER TO ENTRYAND INSPECTION (SECTION 24)
For the purpose of examining and testing any control equipment, industrial plant, record,
register, document or any other material object or for conducting a search of any place in
which he has reason to believe that an offence under this Act or the rules made
thereunder has been or is being or is about to be committed and for seizing any such
control equipment, industrial plant, record, register, document or other material object if
he has reasons to believe that it may furnish evidence of the commission of an offence
punishable under thisAct or the rules made thereunder.
Every person operating any control equipment or any industrial plant, in an air pollution
control area shall be bound to render all assistance to the person empowered by the State
Board under sub-section (1) for carrying out the functions under that sub-section and if
he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence
under thisAct.
If any person willfully delays or obstructs any person empowered by the State Board
under sub-section (1) in the discharge of his duties, he shall be guilty of an offence under
thisAct.
63. POWER TO OBTAIN INFORMATION (SECTION 25)
For the purposes of carrying out the functions entrusted to it, the State Board or any
officer empowered by it in that behalf may call for any information (including
information regarding the types of air pollutants emitted into the atmosphere and the
level of the emission of such air pollutants) from the occupier or any other person
carrying on any industry or operating any control equipment or industrial plant and
for the purpose of verifying the correctness of such information, the State Board or
such officer shall have the right to inspect the premises where such industry, control
equipment or industrial plant is being carried on or operated.
64. Power to take samples for the purpose of analysis, samples of air or
emission from any chimney, flue or dock or any other outlet (S.26)
Report of the result of theAnalysis of Samples. (S. 27)
StateAir Laboratory (S.28)
Reports of Analysis (S. 30) : Any document purporting to be a report
signed by a Government analyst or, as the case may be, a State Board
analyst may be used as evidence of the facts stated therein in any
proceeding under thisAct.
65. SECTION 31A. POWER TO GIVE DIRECTIONS
▶ Notwithstanding anything contained in any other law, but subject to the provisions
of this Act, and to any directions that the Central Government may give in this
behalf, a Board may, in the exercise of its powers and performance of its functions
under this Act, issue any directions in writing to any person, officer or authority,
and such person, officer or authority shall be bound to comply with such
directions.
▶ The power to issue directions under this section includes the power to direct—
▶ the closure, prohibition or regulation of any industry, operation or process; or
▶ the stoppage or regulation of supply of electricity, water or any other service
66. PENALTIESAND PROCEDURES IN THEAIRACT
1. Penalty for Failure to comply with the provisions of Section 21 or 22 or with
the directions issued under Section 31-A- imprisonment for a term which
shall not be less than one year and six months and which may extend to six
years and with fine. (Section 37).
2. Penalties for certain acts :- e.g. destroying, pulling down any pillar, post fixed
in the ground or any notice put up by the Board or damages any works or
property belonging to the Board- shall be punished with imprisonment for a
term which may extend to 3 months or with a fine which may extend to Rs.
10,000/- (Section 38)
3. For any offence for which no penalty has been provided elsewhere in the Act,
the punishment shall be an imprisonment for a term which may extend to
three months or with fine which may extend to 10,000/- or with both.(Section
39).
67. 4. Penalty for offences by Company- (Section 40)
5. Penalty for Offences by Government Department (Section 41).
6. Cognizance of Offences (Section 42)
7. Members, Officers and employees of the Board to be public servants
(Section 43)
8. Reports (Section 44)
68. MISCELLANEOUS
Power of the State Government to supersede the State Pollution Control
Board (SECTION 47)
If at any time the State Government is of opinion –
that a State Board constituted under this Act has persistently made default in the
performance of the functions imposed on it by or under thisAct, or
that circumstances exist which render it necessary in the public interest so
to do,
the State Government may, by notification in the Official Gazette,
supersede the State Board for such period, not exceeding six months, as
may be specified in the notification:
Provided that before issuing a notification under this sub-section for the reasons
mentioned in clause (a), the State Government shall give a reasonable
opportunity to the State Board to show cause why it should not be superseded
and shall consider the explanations and objections, if any, of the State Board.
71. -:NOISE POLLUTION:-
▶ The word noise is derived from a Latin word ‘Nausea’ which means
sickness in which one feels the need to vomit. Noise is the unpleasant
and undesirable sound which leads to discomfort in human beings.
▶ Noise is a type of atmospheric pollution.
▶ The problem of noise pollution has emerged as one of the serious
problems and it has become a serious challenged to the quality of life
of the people in most of the countries.
▶ Causes:- rapid growth of urbanisation, industrialization, advancement
of science and technology.
▶ Noise Pollution- has not been defined in the Central Legislative Acts
anywhere.
▶ Unwanted, harsh and loud sound, which is annoying, uncomfortable,
interferes with speech, damages the hearing capacity, reduces work
concentration and work efficiency.
72. ▶ Encyclopaedia Britannica defines Noise as :- “In Acoustic, noise is
defined as any undesired sound. According to this definition, a sound of
church bells may be music to some and noise to others”
▶ The measure of noise is known as decibel.
▶ Del means 10 and bel has been taken from the name of the scientist
Graham Bell-who invented it.
▶ As per the World Health Organisation 45 db is safe noise level for city.
▶ Bombay has been rated as the third noisiest city in the world and new
Delhi is said to be closely following Bombay in noise pollution.
73. SOURCES OF NOISE POLLUTION
A. NATURAL CAUSES
B. MAN-MADE CAUSES :
1. Industrialisation: Industrialisation has led to an increase in noise pollution as
the use of heavy machinery such as generators, mills, huge exhaust fans are
used, resulting in the production of unwanted noise.
2. Vehicles: Increased number of vehicles on the roads are the second
reason for noise pollution.
3. Events: Weddings, public gatherings involve loudspeakers to play
music resulting in the production of unwanted noise in the
neighborhood.
4. Construction sites: Mining, construction of buildings, etc add to the
noise pollution.
74. EFFECTS OF NOISE POLLUTION
1. Auditory Effects:- Temporary Hearing Loss,
Permanent Hearing Loss.
2. Non-Auditory Effects:-
a. Annoyance
b. loss of efficiency
c. disturbance of sleep
d. Effect on Cardiovascular system
e. Hormonal Effects
f. Effects of reproductive system
g. Effect on the nervous system
75. CONTROL OF NOISE POLLUTION:
▶ Legislative Measures:
1. Noise Pollution Control under the Indian Penal Code- Public Nuisance under
Section 268.
Kirori Mal Bishamber Dayal v/s State of Punjab
2. Noise Pollution Control under the Code of Criminal Procedure, 1973.
3. Control of Noise Pollution under the other Central Legislation:-
a. The PoliceAct, 1861
b. The FactoriesAct, 1948
c. TheAir (Prevention and Control of Pollution)Act, 1981
d. The Motor VehiclesAct, 1988 and the Central Motor Vehicles Rule, 1989.
e. The Environment (Protection)Act, 1986 and the Environment (Protection)
Rules, 1986
76. • Noise Pollution (Regulation and Control) Rules, 2000
Whereas the increasing ambient noise levels in public places from various sources, inter-alia,
industrial activity, construction activity, (fire crackers, sound producing instruments),
generator sets, loud speakers, public address systems, music systems, vehicular horns and
other mechanical devices have deleterious effects on human health and the psychological
well being of the people, it is considered necessary to regulate and control noise producing
and generating sources with the objective of maintaining the ambient air quality standards in
respect of noise;
Now therefore, In exercise of the powers conferred by clause (ii) of sub-section (2) of
section 3, sub-section (1) and clause (b) of sub-section (2) of section 6 and section 25 of the
Environment (Protection) Act, 1986 (29 of 1986) read with rule 5 of the Environment
(Protection) Rules, 1986, the Central Government hereby makes the following rules for the
regulation and control of noise producing and generating sources, namely
The said Rules came into force on 14th July, 2000.
77. AmbientAir Quality standards in respect of noise for different areas/
zones:
AREA
CODE
CATEGORY OF
AREA
DAYTIME NIGHT TIME
A IndustrialArea 75 70
B Commercial Area 65 55
C Residential Area 55 45
D Silence Zone 50 40
78. DEFINITIONS
Section 2 (a) : "Act" means the Environment (Protection) Act, 1986 (29 of
1986)
Section 2 (e) : “Educational institution” means a school, seminary, college,
university, professional academies, training institutes or other educational
establishment, not necessarily a chartered institution and includes not only
buildings, but also all grounds necessary for the accomplishment of the full
scope of educational instruction, including those things essential to mental,
moral and physical development.
Section 2 (f) : “Hospital” means an institution for the reception and care of
sick, wounded, infirm or aged persons, and includes government or private
hospitals, nursing homes and clinics.
79. Section 2 (i) : “Public place” means any place to which the public have access,
whether as of right or not, and includes auditorium, hotels, public waiting
rooms, convention centres, public offices, shopping malls, cinema halls,
educational institutions, libraries, open grounds and the like which are visited
by general public.
Section 2 (j) : “night time” means the period between 10.00 p.m. and 6.00 a.m
80. Rule 3 :- Ambient air quality standards in respect of noise for different areas/zones.
The ambient air quality standards in respect of noise for different areas/zones shall be such as
specified in the Schedule annexed to these rules.
The State Government (shall categorize) the areas into industrial, commercial, residential or silence
areas/zones for the purpose of implementation of noise standards for different areas.
The State Government shall take measures for abatement of noise including noise emanating from
vehicular movements, (blowing of horns, bursting of sound emitting fire crackers, use of loud
speakers or public address system and sound producing instruments and ensure that the existing
noise levels do not exceed the ambient air quality standards specified under these rules.
All development authorities, local bodies and other concerned authorities while planning
developmental activity or carrying out functions relating to town and country planning shall take
into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise
menace and to achieve the objective of maintaining the ambient air quality standards in respect of
noise.
An area comprising not less than 100 metres around hospitals, educational institutions and courts
may be declared (by the State Government)14 as silence area/zone for the purpose of these rules.
81. Rule : 5 - Restrictions on the use of loud speakers/public address system & sound producing
instruments
▶ A loud speaker or a public address system shall not be used except after obtaining written
permission from the authority.
▶ A loud speaker or a public address system or any sound producing instrument or a musical
instrument or a sound amplifier shall not be used at night time except in closed premises for
communication within, like auditoria, conference rooms, community halls or during a public
emergency.
▶ Notwithstanding anything contained in sub-rule (2), the State Government may subject to such
terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or
public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight)
on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen
days in all during a calendrer year and the concerned State Government or District Authority in
respect of its jurisdiction as authorized by the concerned State Government shall generally
specify in advance, the number and particulars of the days on which such exemption should be
operative.
82. Restrictions on the use of horns, sound emitting construction equipment
and bursting of fire crackers
No horn shall be used in silence zones or during night time
in residential areas except during a public emergency.
Sound emitting fire crackers shall not be burst in silence
zone or during night time.
Sound emitting construction equipment shall not be used or
operated during night time in residential areas and silence
zones
83. RULE 6 : Consequences of any violation in silence zone/area.
Whoever, in any place covered under the silence zone/area commits any of the
following offence, he shall be liable for penalty under the provisions of the Act:
whoever, plays any music or uses any sound amplifiers,
whoever, beats a drum or tom-tom or blows a horn either musical or pressure,
or trumpet or beats or sounds any instrument, or
whoever, exhibits any mimetic, musical or other performances of a nature to
attract crowds.
whoever, bursts sound emitting fire crackers; or
whoever, uses a loud speaker or a public address system.
84. ▶ Church of God (Full Gospel) in India v/s K.K.R. Majestic Colony.
▶ Free LegalAid Cell v/s Government of NCT Delhi
A.I.R. 2001 Delhi 455 at 463.
▶ Hindrances in Implementation of Noise Pollution Control Laws:
Lack of requisite awareness on the part of citizens
The authorities responsible for implementing the laws are not yet fully identified
There is lack of gadgets and equipment and other infrastructure such as labs for
measuring the noise level.
85. NOISE POLLUTIONAND JUDICIALATTITUDE:
▶ State of Rajasthan v/s G. Chawla
▶ Rajni Kant v/s State of Uttar Pradesh
▶ P.A. Jacob v/s Superintendent of Police, Kottayam
▶ Free LegalAid Cell v/s Government of NCT of Delhi
▶ V
. Lakshmipathy v/s State of Karnataka
▶ Ved Kaur Chandel v/s State of Himanchal Pradesh
▶ Chairman, Guruvayur Devaswom Managing Committee v/s Superintendent of
Police, Thrissur
▶ Moulana Mufti Syed Md. Noorur Rehman Barkati v/s State of West Bengal.
