Court : National Green Tribunal Principal Bench New Delhi
Decided on : May-09-2013
Swatanter Kumar, (Chairperson) 1. The Legislature has vested the Central Government with the power to issue directions, in writing, to any person, officer or authority, in exercise of its powers and in performance of its functions under the provisions of Section 5 of the Environmental (Protection) Act, 1986 (for short the Act). Section 5 has two distinct and significant features. Firstly, it opens with a non-obstante clause to give an overriding effect to such directions but such directions have to be subject to the provisions of the Act. Secondly, in explanation to Section 5, the scope of the power to issue directions has been described by use of inclusive language. It extends to issuance of directions even for closure, prohibition or regulation of any industry, operation or process. It further goes to the extent of issuing directions with regard to the stoppage or regulation of the supply of electricity or water or any other services. This wide power has been vested in the Central Go...
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