Judgment Search Results Home > Cases Phrase: air prevention and control of pollution act 1981 chapter iv prevention and control of air pollution Sorted by: old Page 1 of about 649 results (0.178 seconds)

M.C. Mehta Vs. Kamal Nath and ors.

Court : Supreme Court of India

Reported in : 2000(4)ALT12(SC); JT2000(7)SC19; 2000(5)SCALE69; (2000)6SCC213; [2000]Supp1SCR389; 2000(2)LC1196(SC)

..... chapter vi of the air (prevention and control of pollution) act, 1981 contains the provisions for penalties and ..... chapter vii of the water (prevention and control of pollution) act, 1974 contains the provisions dealing with penalties and ..... : the water (prevention and control of pollution) rules, 1975; the water (prevention & control of pollution) cess rules, 1978; the air (prevention and control of pollution) rules, 1982; the air (prevention & control of pollution) (union territories) rules, 1983; the environment (protection) rules, 1986; the hazardous wastes (management and handling) rules, 1989; the manufacture, storage and import of hazardous chemicals rules, 1989, the chemical accidents (emergency planning, preparedness and response) rules, 1996 and hosts of other rules and notifications.7. ..... india, the legislature enacted three acts, namely, the water (prevention & control of pollution) act, 1974; the air (prevention & control of pollution) act, 1981 and the environment (protection) act, 1986. ..... the water (prevention & control of pollution) cess act, 1977. ..... awarding damages also enforces the 'polluter pays principle' which is widely accepted as a means of paying for the cost of pollution and control. ..... uncontrolled industrial development generating tonnes of industrial waste disturbed the ecological balance by polluting the air and water which in turn, had a devastating effect on the wildlife and, therefore, the early efforts to protect the environment related to the protection .....

M/S. Philips Carbon Black Ltd., Represented by Its Manager-finance and ...

Court : Kerala

..... for operation of the company from the pollution control board (for short the board), causing serious health hazards to the inhabitants in the locality ..... he filed a complaint against the aforesaid company, its managing director and also senior officers, all the accused together 19 in number, before the judicial magistrate of the first class, kolencherry to proceed against them for violations under sections 21 and 31a of the air (prevention and control of pollution) act, 1981 (for short the act), alleging that they have caused pollution by the operation of the factory in violation or without taking such orders as are necessary under law ..... the present case has been filed by a private party, and that being so, once cognizance over his complaint is taken and accused enter appearance in response to the summons ordered by the court, the procedure covered by chapter xix part b of the code has to be complied ..... no.3 for increasing the production of the company, necessarily has to be looked into with reference to the procedure governing a warrant trial based on a case instituted otherwise than on a police report, as covered by chapter xix b of the code. 20. .....

Abdul Khader Vs. The State of Kerala

Court : Kerala

..... considered the effect of section 133 of the code of criminal procedure and the provisions of water (prevention and control of pollution) act, 1974 (chapter crl.m.c.no.1266 of 2013 28 5 and sections 32 and 33) and air (prevention and control of pollution) act, 1981 (chapter iv and sections 18, 20 & 22 a and considered the question as to whether by virtue of the above provisions under the above said acts, section 133 of the code of criminal procedure is impliedly repealed and the supreme court has held that as section 133 of the code and the two acts were mutually exclusive and there was no impediment to their existence side by side ..... further different procedure and different punishment have been provided under the later act namely food safety and standard act, 2006 and severe punishment has been provided for selling unsafe food causing death and this act has repealed the existing prevention of food adulteration act and taken care of all type of offences relating to sale of food and consequences ensued on account of sale of such food. ..... . shiv shanker (air crl.m.c.no.1266 of 2013 31 1971 sc815 while considering the question as to whether the provisions of the essential commodities act or fruit products order made thereunder can impliedly repealed prevention of food adulteration act and observed as follows: "the object and purpose of the adulteration act is to eliminate the danger to human life and health from the sale of unwholesome articles of food .....

Chaitanya Pulvarising Industry and anr. Vs. Karnataka State Pollution ...

Court : Karnataka

Reported in : ILR1987KAR928; 1987(1)KarLJ134

..... 26-6-84) 'karnatakastatepollution control board,bangalore.notificationattention of all the industrialists and industries in the state of karnataka is drawn to the provisions of the air (prevention and control of pollution) act, 1981, which is in force in the state ..... air (prevention and control of pollution) act 1981 (hereinafter called as the 'act') came into force on 16th may 1981 ..... under section 4 of the water (prevention and control of pollution) act, 1974 is deemed to be the board for purposes of prevention of air pollution act. ..... act is designed to prevent control and abatement of air-pollution; the provisions relate to preservation of quality of 417 and control of pollution ..... the state government, after consulting the board, to declare certain areas as 'air pollution control area', for purposes of the air pollution act. ..... the impugned order is purported to have been issued under section 23 of the act, which reads thus:'23(l) where in any air pollution control 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 ..... rule 19 in chapter vi of the rules requires such declaration to be published in the official gazette and at least in two local newspapers having wide circulation .....

Lakshmi Cement Vs. State and anr.

Court : Rajasthan

Reported in : 1994CriLJ3649; 1994(2)WLN390

..... air (prevention and control of pollution) act, 1981, hereinafter referred to as 'the act' to the rajasthan state water pollution and control board, jaipur (respondent no. ..... moreover, certain decisions were taken in the united nations conference on the human environment held in stockholm in june, 1972, in which india participated to take appropriate steps for the prevention of the natural resources of the earth which, among other thing, include the preservation of the quality of air and control of air pollution. ..... it is true that chapter vi of the act provides for penalties for failure to comply- with the provisions of section 21(5) or section 22 or with orders or directions issued under the act and for trial of such offences, the provisions of the act shall apply being a special act and override provisions of i.p.c. ..... against it on the ground that after coming into force of the act, the provisions of chapter x and in particular section 133, cr.p.c. ..... has asserted that the courts below have rightly held that simply by coming into force of the act, the provisions of chapter x and section 133, cr.p.c. ..... but proceedings under chapter x including section 133, cr.p.c. ..... sections 268-294,ipc which relate to public nuisances under the penal code provide punishments for the commission of offences, while chapter x of cr.p.c. ..... chapter x of the cr.p.c. .....

Jadav Soap Works and ors. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... is a notice issued by the member secretary, pollution control board, assam with regard to the air pollution caused by the industry of the petitioner and there a direction was given under section 31a of the air (prevention and control of pollution) act, 1981 as amended up to date. ..... the year 1981, air (prevention and control of pollution) act, 1981 was passed. ..... : direction under section 31a of the air (prevention and control of pollution) act, 1981 as amended up to date. ..... central govt, has directed the central pollution control board to exempt small industries from obtaining consent under air and water pollution central laws except for 17 highly and critically polluting sectors. ..... chapter iv provides for prevention and control of air pollution ..... your shall not be allowed to restart/ reopen your industry /installation unless you take all the essential and necessary pollution control measures for running your said industry. ..... by letter dated 12-1-94 stated that it is a tiny/small industry and it manufactures laundry soap by manual method and it is like a cottage industry and no water and air pollution is involved in the process. ..... whereas inspite of repeated requests through protracted correspondence from the pollution control board, you have failed to appear with copies of relevant documents leading to the establishment of the unit at kedar road, ..... this industry way back in forties when no pollution control act was in operation in the country. ..... chapter iii provides for power and functions of the .....

Forum for a Better Hyderabad, (Confederation of Voluntary Organisation ...

Court : Andhra Pradesh

Reported in : 2001(4)ALT275

..... the air (prevention and control of pollution) act, 1981 has been enacted with a view to give effect to the decisions taken in the united nation's conference on human environment held in stockholm in 1972. ..... drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine, or urinal or bathing or washing place, or any fitting or appliance, which has been, or has been ordered to be discontinued, demolished or stopped up under any of the provisions of this chapter; (c) without the written permission of the commissioner, make any projection over or encroachment upon or in any way injure or cause or permit to be injured, any drain, cesspool, house-gully, watercloset, privy, latrine or bathing or washing place; provided ..... water drains to be distinct :--wherever it is provided in this chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the commissioner to require that there shall be one drain or sullage excrementitious matter and polluted water and another and an entirely distinct drain for rain water and unpolluted sub-soil water or for both rain water and unpolluted subsoil water each emptying into board sewer and municipal drain respectively or other places legally ..... article 51-a(g) occurring in chapter iv-a of the constitution provides 'it shall be the duty of every citizen of india to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures' .....

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118

..... . air pollution due to fines, dust and smoke or gaseous emissions during mining operations and related activities shall be controlled and kept within 'permissible limits' specified under various environmental laws of the country including the air (prevention and control of pollution) act, 1981 and the environment (protection) act, 1986 by the holder of mining lease ..... . a mining lease holder is also required to comply with other statutory provisions such as environment (protection) act, 1966, air (prevention and control of pollution) act, 1981, the water (prevention and control of pollution) act, 1974, forest (conservation) act, 1980 ..... . the mineral concession rules, 1960 have been framed by the central government in exercise of the powers conferred by section 13 of the mmrd act, chapter iv of these rules relate to crane of mining leases in respect of land in which the minerals vest in the government ..... . having regard to the detailed study, the recommendations and action plan has been dealt with in chapter viii of the report, inter alia, suggesting that concerted efforts from various departments are needed ..... . rules 31 to 41 contained in chapter v of the mineral conservation and development rules, 1983 framed under section 18 of the mmrd act deal with the measures required to be taken by the lessee for the protection of environment from any adverse effect of mining or irreversible consequences thereof .....

Ashwani Chobisa Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2005(1)Raj389

..... is required to comply with the statutory provisions such as environment (protection) act, 1986, air (prevention and control of pollution) act, 1981, the water (prevention and control of pollution) act, 1974 and forest (conservation) act, 1980. ..... these provisions in the constitution, there have been several legislations on the subject including the water (prevention and control of pollution) act, 1974, the air (protection and control of pollution) act, 1981. ..... to remain only on paper but strictly complied for the protection of environment and control of pollution as a result and consequence of mining operations.27. ..... that every holder of the mining lease shall take all possible pre-cautions for the protection of environment and control of pollution. ..... 29th november, 1999 which was issued is exercise of the power conferred by section 23 of the environment (protection) act, 1986, read with sub-rule (4) of rule 5 of the environment (protection) rule, 1986, the central government delegated the powers conferred on it for adopting measures for protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution, to be exercised also by the state government as notified in the notification of the government of india in the ..... rules 31 to 41 contained in chapter v of the mineral conservation and development rules, 1988 deals with the measures required to the taken by the lessee for the protection of environment from any adverse effect of mining .....

Ajay Dubey, and ors. Vs. the State of Madhya Pradesh, and ors.

Court : Madhya Pradesh Jabalpur

..... taking environmental clearance under environment (protection) act, 1986, air (prevention and control of pollution) act, 1981 and water (prevention and control of pollution) act, 1974 for excavation of sand and 'bajri' is challenged on the ground inter alia that it confers unfettered, unguided and uncanalised powers on the director to grant exemption from obtaining environmental clearances to any particular mine for special consideration and, thus, the same being in violation of sections 13, 15(1a) and 18 of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as 'mmdr act' ) and mineral conservation and development rules, 1988 (hereinafter referred ..... notification dated 14.9.2006 issued by the central government under rule 5(3) of environmental protection rules and the impugned orders/letters dated 12.6.2009, 6.7.2009 and 13.7.2009 which form the subject matter of challenge in writ petition no.13118/09 are applicable in respect of quarrying operation of sand and 'bajri' notwithstanding the fact that rule 49 of the 1996 rules exempts the same from the provisions of environment (protection) act, 1986, air (prevention and control of pollution) act, 1981, water (prevention and control of pollution) act, 1974 and the rules made thereunder.22. ..... chapter v of the 1988 rules deals with environment ..... chapter viii of the 1996 rules deals with protection of environment ..... chapter v of the said rules deals with environment clearance which contains rules 31 to 41 .....