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M/S. Sri Durga Glass Works, Firozabad Vs. Union of India and Others

Court : Allahabad

Reported in : AIR1997All179

..... prevention and control of pollution) act, 1974 and the air (prevention and control of pollution) act, 1981 as well as environment (protection) act ..... and objects of the act are :--'an act to provide for the levy and collection of a cess on water consumed by persons carrying on certain industries and by local authorities, with a view to augment the resources of the central board and the state boards for the prevention and conirol of water pollution constituted under the water (prevention and control of pollution) act ..... republic of india as follows : prefatory note -- statement of objects and reasons :-- the water (prevention and control of pollution) act, 1974 has been enacted by parliament under article 252 of the constitution with a view to control the pollution of rivers and streams which has assumed considerable importance and urgency in recent years as a result of increasing industrialisation and urbanisation. ..... i would like first of all to advert the definition of 'pollution' menlioned under section 2(c) of the water (prevention and control of pollution) act, 1974, which is quoted as under :--'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 ..... calcutta, kanpur, chapter x page 321, the glass and cement, limes and plastics could also ..... chapter : --'the glass, cement, abrassine industries are dealt wihin separate chapters. .....

Punjab State Board for the Prevention and Control of Water Pollution V ...

Court : Punjab and Haryana

Reported in : 1998CriLJ2235

..... the complaint, respondent 1 was allowed to construct find function the paper mills on certain conditions imposed under section 25 of the water prevention and control of pollution) act, 1974 hereinafter briefly referred to as the wpcp act). ..... complaint is filed by the punjab state board for the prevention and control of water pollution. ..... is filed by he original complainant-punjab state board for he prevention and control of water pollution. ..... of their effluent, so as to conform to the standard as mentioned in the conditions; (ii) the industry will construct and commission the treatment plant to treat their effluents simultaneously along with the main project and they will submit a monthly progress report to the office of the board; (iii) the industry will get their untreated and treated effluents tested from the laboratory of this board within one month from the date of the ..... order dated 28-4-1987 passed by the judicial magistrate, 1st class, malerkotla, is hereby set aside and the matter is remanded back to that court for proceeding further after framing the charge against the ..... offence is punishable to the extent of six years' imprisonment and fine, the procedure meant for warrant case on private complaint as per chapter xix, part b of the code of criminal procedure was adopted ..... that the copy of the report of the public analyst was required to be sent to the accused as per section 22 of the cwpc act but there was no material to show that such mandatory provision had been complied with. .....

Kalyani Industries, Golapur (V) Hanamkonda Mandal, Warangal Dist. Vs. ...

Court : Andhra Pradesh

Reported in : 1998(1)ALD505

..... sincerity narrated and presented to this court about the various enactments popularly called as water act, the water (prevention and control of pollution) act, 1974 amended upto 1988, the water (prevention and control of pollution) rules, 1975, the water (prevention and control of pollution) (procedure for transaction of business) rules, 1975, the water (prevention and control of pollution)cess act, 1977 as amended by amendment act, 1991, the water (prevention and control of pollution) cess rules, 1978, the air (prevention and control of pollution) act, 1981, as amended by amendment act, 1987, the air (prevention and control of pollution) rules, 1982 and the air (prevention and control of pollution) (union ..... in no.55014/pcb/ aee-ii/95-116, dated 4-1-1996 alleging that the petitioner was operating the unit in contravention to the directions issued under section 31a of air (prevention and control of pollution) amendment act, 1987 (for short 'the air act'), that the industry must be closed for violating the conditions imposed that the petitioner would be liable for prosecution in case the order was not obeyed ..... the act and it has got powers and functions to be performed in accordance with chapter ii, iii and iv of the act. ..... has pointed out that notwithstanding the preparation of the master plan and zonal development plans by virtue of chapter in of the act, it prescribes the procedure of survey of the area declared and to prepare the master plan which must be approved by the .....

H.T. Somashekar Reddy Vs. Government of Karnataka and Another

Court : Karnataka

Reported in : 2000(1)KarLJ224

..... air (prevention and control of pollution) act, 1981. ..... water (prevention and control of pollution) act, 1974. ..... setting up of townshipsand industrial area will invariably result in the violation of laws governing the environment and pollution which will result in violation of the provision of air and water (prohibition and control of pollution) acts of 1971 and 1974, the wildlife prevention act, the indian forest act and forest conservation act etc. ..... it has been asserted that there would be no violation of the air and water (prohibition and control of pollution) acts, the wildlife protection act and the forest conservation act and other related legislation relating to protection of environment. ..... it has the authority to specify the type of vehicles that will be allowed to use the toll road and to take precautions regarding order, safety, security and the prevention and abetment of nuisances along the toll road. ..... (3) a person referred to in sub-section (1) shall have powers to regulate and control the traffic in accordance with the provisions contained in chapter viii of the motor vehicles act, 1988 on the national highway forming subject-matter of such agreement for proper management thereof. 64. ..... the award thus qualifies to be enforceable under part ii, chapter i of the arbitration and conciliation act, 1996.74. .....

Bombay Environmental Action Group and Another Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 1999(1)BomCR455

..... on 19-6-95, sahara applied to the maharashtra pollution control board under the water (prevention and control of pollution) act, 1974 for granting noc for setting up sahara lake city. ..... it is also clear from the declaration that the ceiling act is introduced for giving effect to the policy of the state towards securing principles specified in clauses (b) and (c) of article 39 of the constitution of india and they are for providing the ownership and control of the resources of the community so distributed as best to subserve the common good, and also that the operation of the agricultural economic system does not result in the concentration of wealth and means of agricultural production to the common detriment. ..... the 'precautionary principle' makes it mandatory for the state government to anticipate, prevent and attack the causes of environment degradation. ..... similarly, the contention that new town should have been declared under chapter xxvii of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 is also rejected as the said chapter came to be deleted by maharashtra act 41 of 1994. 27. ..... against that background, the supreme court considered import of articles 21 and 39 of the constitution of india and held that the state government has committed breach of public trust and the doctrine of the public trust rests on the natural resources such as river, forest, sea-shore, air, etc. .....

Central Coalfields Limited and ors. Vs. State of Bihar and ors.

Court : Patna

..... , define and provide for-* * * *(iii) complete road and street pattern and traffic circulation pattern for present and future requirements ;(iv) major roads and street improvements ;* * * *(vii) water-supply, drainage, sewerage, sewage disposal and other public utilities, amenities and services including electricity and gas ;(viii) proposals for flood control and prevention of water and air pollution control;* * * *(xv) preservation of erosion, provision for aforestation or reformation, improvement and re-development, water front areas, rivers and lakes ;(xvi) proposals for irrigation and hydro-electric works and other ..... ...a perusal of the mines and minerals (regulation and development) act, 1957 (central act 67 and 1957), sections 2, 3(a) and 3(d), sections 9 and 9-a and second and third schedules to the act, quoted in para 3 (supra) will clearly point out that taxation on mineral and mineral rights, viz. ..... (2) the coal mining area development authority may exercise also such powers as may be necessary or expedient for the purpose of carrying out its functions under this act.chapter iv (sections 16 to 27) of the act provides for preparation of development plan for coal mining development area, its approval by the government and the matters connected therewith. ..... chapter vi of the act deals with development schemes to be prepared after development plan has been approved by the government.8. .....

Dr. Harsh Vardhan and ors. Vs. Haryana Urban Development Authority and ...

Court : Punjab and Haryana

Reported in : (2000)125PLR295

..... authority shall have the power to acquire by way of purchase, transfer, exchange or gift, hold, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry out by itself or through any agency on its behalf, building, engineering, mining and other operations, to execute works in connection with supply of water, disposal of sewerage, control of pollution and any other services and amenities and generally to do anything, with the prior approval, or on direction, of the state government, for carrying out the ..... he then argued that the respondents are also bound to take all steps to provide clean environment to the residents and for this purpose, they should be directed to prevent the entry of the herds of cattle and also remove the hazardous plants which have grown in different parts of panchkula.6. ..... the contention of the petitioners is that if the respondents are not restrained from removing the fences and hedges, the grassy lawns and trees planted by them will be destroyed by cattle, dogs, pigs straying in the streets and this will deprive them of clean air and environment affecting their right to life guaranteed under article 21 of the constitution of india.3. ..... section 53 of the act, which forms part of chapter-viii , empowers the state government to make rules for carrying out the purpose of the act. .....

Orient Syntex Limited and Others Vs. Besant Capital Tech Limited

Court : Mumbai

Reported in : 2000(5)BomCR345; [2001]104CompCas669(Bom); 2000CriLJ210

..... madhya pradesh pradushan niwaran mandal, bhopal , the court was considering the similar provision under section 10 of the air (prevention and control of pollution) act, 1981, and held that the complaint did not contain any allegations from which it could be reasonably inferred that the chairman and deputy chairman were directly in charge of and responsible for the conduct of the business of the company and quashed the proceedings pending before the magistrate against the petitioner. ..... , which was in respect of prosecution of chairman, managing director and other directors of the company in contravention of sections 47, 25, 26 and 44 of the water (prevention and control of pollution) act (6 of 1974), in which section 47(1) and (2) are pari materia to the provisions of section 141(1) and (2) of the ni act, the supreme court held that it is true that there can be no vicarious liability of the chairman, vice chairman, managing director and members of the board of directors under sub-section (1) or (2) of section 47 of the act unless the company owning the industrial unit, is prosecuted. ..... let us examine the scheme of the amending act (56 of 1983) which introduced the chapter of penalties in case of dishonour of certain cheques for insufficiency of funds in the accounts as to thelimited purpose of appreciating the rival contentions of the parties in the backdrop of the facts of the case.22. .....

Commissioner of Central Excise Vs. Shree Cement Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2000)(117)ELT167TriDel

..... collector, has allowed modvat credit on the above inputs holding that they are being used to collect dust for prevention of air pollution, to be treated as a part and parcel of manufacturing process of cement, and they are capital goods under rule 57q of central excise rules. ..... after issue of show cause notice to respondent demanding recovery and for imposition of penalty, and receipt of reply by it, and holding personal hearing, and hearing respondent through authorised representative, and after considering the available material on record assistant collector, ajmer passed order-in-original no ..... in e/1281/98 respondent has wrongly availed modvat credit on collecting electrode plates for esp, gas analyser pressure gauge, it transforms, liquid rotor, vaccum contractor and for relay controller panel treating them as capital goods under rule 57 q(1) of central excise rules. ..... in the impugned order, case of grasim cements in 1997 (96) e.l.t.354 is ruled as to treat collecting electrodes plates for esp as a pollution control equipment. ..... 57(ssr) ce/jpr/97, dated 17-12-1997 to the extent of allowing modvat credit on (1) collecting electro-electrodes plates for esp (2) gas analyser (3) pressure gauge (4) it transformer (5) liquid rotor (6) vaccum controller and (7) relay for control panel, and order-in-original no. ..... the common facts of the case in brief are that the respondent manufactures cement falling under chapter sub-heading no. ..... 7502.99 of the schedule to the central excise tariff act, 1985. .....

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 .....