Court : Rajasthan
Reported in : 1998CriLJ3492
..... learned additional chief judicial magistrate (environment), pali framed charges under section 24 read with section 43 and section 26 read with section 44 of the water (prevention and control of pollution) act, 1974 (hereinafter referred as 'the act of 1974). ..... dyeing and printing works, pali and 10 other criminal revisions decided on 5-8-1997 wherein following the rajasthan board for prevention and control of pollution v. ..... a general sanction and was considered in rajasthan board for prevention and control of pollution v. m/s. ..... rajasthan board for prevention and control of pollution v. m/s. ..... heard the learned counsel for the petitioners as well as counsel for rajasthan state board for prevention and control of water pollution and learned public prosecutor at length.7. ..... have sufficient opportunity to cross-examine witnesses of the prosecution and to produce their own evidence to prove that they were not permitting any poisonous, noxious or polluting matter into any stream to go. ..... rajasthan, (1989) 2 raj lr 277 wherein such a situation arose in a case of prevention of food adulteration act. ..... jain textiles and prasanna kumar have been charged for offence under section 24 read with section 43 and section 26 read with section 44 of the act of 1974 by the learned additional chief ..... filed against the different accused persons before the court of learned additional chief judicial magistrate, pali for the offences punishable under sections 24 and 26 read with sections 43 and 44 of the act of 1974. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(3)Raj2477
..... so when they have not even taken consent order from the rajasthan state pollution board for running their industries, therefore, running of the industries, in the present matter, is otherwise in violation of the provision of the water (prevention and control of pollution) act, 1974 (hereinafter referred to as 'the act of 1974') therefore, apart from the decision of the division bench, even as per the act of 1974 no petitioner-industry can be allowed to run, merely for ..... division bench of this court with the following six directions, which are reproduced for ready reference:(i) the pollution control board shall immediately make fresh inspection of the textile processing units at pali and surrounding areas and in case any of the units are found to be creating pollution and not connected to the cetps shall be closed. ..... (ii) none of the petitioners - industry is having consent from the rajasthan pollution board, therefore, continuance of those industries would then be in violation of the provisions of the act of 1974 and, in those circumstances, this court is not competent to permit any industry to run in ..... operate in violation of the judgment of the division bench and also the provision of water pollution control act.13. ..... , a direction was given for modification of cetp, so that emissions there from are compatible with the norms prescribed by the pollution control board and, importantly, all industrial units were directed to stop discharging industrial pollutant on the land and river. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj286; RLW2003(2)Raj1012; 2003(2)WLC465
..... the petitioner is aggrieved by the inaction of the respondents, since they allegedly failed to implement the provisions of the water (prevention and control of pollution) act, 1974 (for short, 'the act') and they were not able to check the construction and growth of the unauthorized factories, responsible for discharging toxic wastes and effluents into the canal and on land, and it is pointed out in the petition that several unauthorised industries/factories have been set up in large numbers at sanganer, in villages, gujron-ki-talai, hazyawala, kesyawala ..... at the same time, it is stated that the said nalla carries the dirt of the entire city, in so far as the polluted gulhar dam is concerned, it is stated that the dam was broken in the year 1981, and there is no water either in the sanganer anicut or in the newata dam. ..... he sees god in every petal, every tree, every living being, air, water and land and makes the entire world, his family, a bond, which cannot be snapped, except to the detriment of human beings. ..... the industries have no right to degrade the environment, or pollute the viers, lakes, water-bodies and water channels, or pollute the air or exploit the resources, to an extent, which impair the environment. 27. in a.p. ..... six wholesome principles can be culled out from articles 21; 48a; and 51-a (g) of the constitution and various judicial pronouncements :- (1) all human beings have the fundamental right to unpolluted environment, pollution-free water and air. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996WLC(Raj)UC402; 1996(2)WLN665
..... dated 29.6.1989 the learned chief judicial magistrate, pali discharged the accused non-petitioners of the offences punishable under sections 49, 53 and 21 of the water (prevention and control of pollution) act, 1974 (referred to hereinafter as 'the act of 1974') and purporting to act under section 33 of the act of 1974 directed that the non-petitioner no. ..... the aforesaid order by which the accused persons were discharged, this revision petition has been filed by the rajasthan board for prevention and control of pollution under section 397 cr.p.c.7. ..... board analyst with effect from 26.7.1978 is valid in the eye of law because the appointment of board analyst was made on 26.7.1978 and it was the notification which was issued late and in any case the evidence of shri saxena is admissible under section 45 of the evidence act on the ground that he is an expert and the provisions relating to appointment of a board analyst do not have the effect of debarring the experts other than those appointed by the ..... that he was in the employment of the pollution board from august, 1977 to july, 1979 and he inspected the premises of respondent no. ..... to establish that the member secretary authorised by the board to file the complaint and if the learned chief judicial magistrate comes to the conclusion after conducting inquiry as directed above that the complaint on record is not a complaint under section 49(1)(a) of the act of 1974, he shall drop the proceedings in place of discharging the accused.16. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998(3)WLC452; 1998(1)WLN328
..... 1983, 272 of 1983, 269 of 1983, 268 of 1993, 271 of 1983, and 267 of 1983 were instituted on the basis of the complaints filed on behalf of the rajasthan state board for prevention and control of pollution, jaipur alleging the commission of offences punishable under sections 42 and 44 of the water (prevention & control of pollution) act, 1974 (in short, referred to hereinafter as 'the act of 1974'). ..... learned counsel for the petitioner has submitted that the offences under sections 42 and 44 of the act of 1974 is punishable with more than 2 years imprisonment and, therefore, the cases were warrant cases, but, the powers conferred by the section 249 of the criminal procedure code could not have been exercised by ..... of these facts, the observations (above quoted) can at the most be said to lay down the law that the magistrate cannot take cognizance of the offences under sections 276c and 276cc of the income tax act unless a complaint is filed by the income tax department and, in that, sense, those offences are non-cognisable offences. ..... , of the view that offence under section 44 of the act of 1974 is a 'cognizable' offence within the meaning of section 2(c) of the criminal procedure code and, therefore, the provisions of section 249 were not applicable. ..... whether the offences under sections 276c and 276cc of the income tax act were or were not cognisable offences by virtue of the definition contained in section 2(c) and 2(1) of the criminal procedure code did not arise for decision in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1999(1)WLN306
..... 2 are distinguishable on facts with the present case, wherein the factories were established in delhi not permitted by the provisions of the master plan or the directions by pollution control board to increase the diameter and height of circular chimney, planting of treas and disposal of solid waste were not carried out and no consent was obtained under the water (prevention & control of pollution) act. ..... learned counsel for the petitioner has submitted that he is prepared to comply with any direction or order to instal any machinery or appliances or any step to be taken to prevent emission of smoke and dust to check pollution and the alleged nuisance if any, if necessary as advised by the experts in the matter or by the court.10. ..... fourthly, it has also been completely ignored that at the most the trial court could have given necessary orders/directions to prevent the dispersal of smoke and dust to prevent any so called or alleged air pollution. ..... 2 that consistently the allegation is against the petitioner that working of lime-kiln causing air pollution by emanating dust and smoke and being in the mid of the colony, it is creating nuisance and imminent danger to the physical comfort and health of the residents. ..... 2 gordhan alleged in his complaint that the lime-kiln run by the petitioner is creating air pollution by throwing smoke and dust thereby causing nuisance making vicinity inhabitable because the lime-kiln has been installed in the mid of the residential houses of the village .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(2)WLN733
..... is now principally governed by part iii of the control of pollution act 1974, replacing the noise in the a batement act, 1960.the enforcement of these provisions is in the hands of public bodies (commonly the local authority) and they do not generally give rise to civil liability. ..... following principles were laid down:(1) constant noise, if abnormal or unusual can be an actional nuisance if it interferes with one's physical comforts;(2) the test of a nuisance causing personal discomfort is the actual local standard of comfort and not an ideal or absolute standard;(3) generally unusual or abnormal noise on defendants's premises which disturbs sleep of the occupants or the plaintiff's house during night or which is so loud during day time that due to it one cannot ..... can be effective in a case of public nuisance but not in that of a private nuisance;(7) if an operation on the defendant's premises cannot by any care and skill be prevented from causing a private nuisance to the neighbours, it cannot, be undertaken at all, except with the consent of those injured by it.9. ..... commissioner of ranchi : [1981]2scr764 , wherein their lordships of the supreme court held as under:it is a well settled law that the high court has no jurisdiction to entertain a second appeal on the ground of ..... sohan lal air 1923 all 443, the court was pleased to grant injunction as there was finding that hammer caused noise which materially interfered with (he comfort of the plaintiff in ..... maclean air 1924 ..... lal air 1923 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983(12)ELT6(Raj); 1982()WLN543
..... in all the three petitions, to the effect that tin containers in which their respective vegetable products are marketed by the petitioners are of a durable nature and are returnable by the buyers to the petitioners and that, therefore, even according to section 4(4)(d)(i) of the act, assuming the same is constitu- tional and valid, cost of such containers is not includible in the valuation of the vegetable products delivered to the wholesale buyers at the factory gate. ..... prima facie intended to serve diverse functions like facilitating ready measure- ments, labelling of brand names printing or inscribing sale-promotion material on the labels or the containers themselves, prevention of physical deterioration, theft, adulteration or substitution in transit till the vegetable product reaches the consumers. ..... 460 of 1981) for a declaration to the effect that section 4(4)(d)(i) of the act which widens the concept of value of excisable goods so as to include the cost of packing is ultra-vires the constitution and the act, for injunction res- training the respondents from levying and collecting duty of excise on cost of packing of vegetable product to be marketed by the petitioner and for refund of the amount already levied and collected in that ..... delhi cloth & general mills, air 1963 sc 791 the supreme court took note of the fact that while the act defines 'excisable goods' to mean 'goods specified in the first schedule as being subject to duty of excise', it does not give ..... air 1975 ..... air .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1998Raj9; 1997(3)WLC81; 1998WLC(Raj)UC30
..... on 11 -5-84, the water pollution board filed an application under section 33 of the water (prevention and control of pollution) act, 1974 in the court of the chief judicial magistrate, pali against the petitioners expressing its grave apprehension that by reason of untreated disposal of sewerage and trade effluent which contain noxious poison and pollutting matter being discharged by the company in the bandi river, it is likely to pollute the stream and wells in the area. ..... the act was enacted with the purpose for the prevention and control of water pollution and maintaining and restoring of wholesomeness of the ..... after discussing the law on the point, the apex court held (at page 1442 of air) :- 'the order of dismissal of a complaint by a criminal court due to the absence of a complainant is a proper ..... mukherjee alias chhabi mukherjee, 1990 cri lj 1599 : (air 1990 sc 1605) by holding that (at page 1606 of air):- 'if any consideration of the facts by way of review is not permissible under the code and is expressly barred, it is not for the court to exercise its inherent power to reconsider the matter and record a conflicting decision. ..... saroj ranjan sarkar, 1962 suppl (2) scr 297 : air 1962 sc 876 : (1962 (1) cri lj 770 ..... thakur, air 1986 sc 1440: (1986 cri lj 1074), the question before the supreme court was : whether a magistrate, who discharged the case on the ground that the complainant did not appear and dismissed the complaint, can restorethe complaint by revoking his earlier .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2004Raj96; RLW2004(2)Raj957
..... the district collector tonk and the pollution control board rajasthan had also filed separate replies. ..... consent of learned counsel for the parties, the petitioners sought to quash the award dated april 2, 2003 of the permanent lok adalat tonk, made under sub-section (8) of section 22c of the legal services authorities act, 1987 (for short the act) whereby the municipal council tonk was directed to discontinue the operation of slaughter house situated near jaipur- kota national high-way no. 12.2. ..... air pollution can effect the earth's heat balance, wind can transport pollution many miles from its source, causing such effects as acid rain, and inversions can cause pollutants to accumulate in an area in dangerous concentrations. ..... under the new scheme, the permanent lok adalat will in the first instance, try to bring about conciliation between the parties and in case the parties are not able to arrive at settlement the permanent lok adalat shall proceed to dispose of the matter on merits. ..... (ii) the public utility services like transport of passengers or goods by air, road or water, postal, telegraph or telephonic service, supply of power and water to the public, public conservancy or sanitation, hospitals and insurance have been brought within the purview of the permanent lok adalats. ..... all arrangements were also made to prevent pollution. .....
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