Judgment Search Results Home > Cases Phrase: water prevention and control of pollution act 1974 section 43 penalty for contravention of provisions of section 24 Page 52 of about 516 results (0.205 seconds)

Murali Purushothaman Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : II(1993)ACC46; AIR1993Ker297

..... the central motor vehicles rules, 1989 (for short 'the rules') taking cue from section 20 of air (prevention and control of pollution) act, 1981 (for short air pollution act). ..... section 20 of the air pollution act state government is under an obligation to give such instructions to the authorities in charge of registration of motor vehicles as are necessary to ensure compliance with the standards fixed by state pollution control board regarding emission of air pollutants ..... such instructions as are necessary to all authorities in charge of registration of motor vehicles within three months in order to comply with the legislative mandate contained in section 20 of the air pollution act. ..... statement that as per government order (g.o.rt.no.l160/91/pw&t; dated 28-10-1991) an expert committee has been constituted by the state government consisting of transport commissioner, chairman of the state committee on science, technology and environment, member secretary of the kerala state pollution control board, senior deputy transport commissioner, secretary of the state transport authority and technical advisor of the motor vehicles department. ..... petitioner contends that inhalation of such pollutants leads to diseases like cancer and tuberculosis and points out that statutory provision for reducing the density of such hazardous substances emitted by automobiles have not ..... called 'catalytic converters' on the exhaust system of new cars for converting gases to harmless carbon dioxide and water. .....

Gurdayal Singh and Others Vs. State of Haryana and Others

Court : Punjab and Haryana

..... by the construction of a poultry farm near their village contrary to norms for which they made representation dated 10.6.2013 (annexure p-2).it appears that this representation in turn persuaded the haryana state pollution control board to issue notice dated 13.6.2013 (annexure p-6) to the owners of the poultry farm under section 33-a of the water (prevention & control of pollution) act, 1974 and section 31-a of the air (prevention & control of pollution) act, 1981. ..... sufficient time has elapsed, we direct the state pollution control board to dispose of the notice dated 13.6.2013 within a maximum period of 15 days from today and communicate to the petitioners the result of the ..... of the view that the haryana state pollution control board must dispose of the notice already issued to the alleged cwp-13651-2013 -2- offending party dated 13.6.2013 expeditiously so as not to make the relief sought for by the petitioners infructuous. 3. ..... in the high court of punjab and haryana at chandigarh civil writ petition no.13651 of 2013 (o&m) date of decision: july 01, 2013 gurdayal singh and others ..petitioners versus state of haryana and others .....respondents coram:- hon'ble mr.justice sanjay kishan kaul, chief justice hon ble mr.justice augustine george masih, judge present: mr.r.s.mamli, advocate for the petitioners .sanjay kishan kaul, chief justice ..... copy of this order be given dasti to learned counsel for the parties under the signatures of the principal secretary (judicial).cum-joint .....

Hindustan Copper Limited Through Its General Manager Mines Sri Deb Kum ...

Court : Jharkhand

..... the petitioner submitted application under section 25/26 of the water (prevention & control of pollution) act, 1974 and under section 21 of the air (prevention & control of pollution) act, 1981 for consent to operate which were duly granted. ..... though prosecution for contravention of the provisions of the environment (protection) act, 1986 or the rules made thereunder has yet not been initiated, the effect of the direction to the board of director/managing director of the company, to submit an affidavit as indicated under para 5 (i) of om dated 12.12.2012, is to compel the ..... since, a complaint is to be filed in the court, it is apparent that the code of criminal procedure would be applicable in the proceeding before the magistrate and the proceeding initiated under the environment (protection) act, 1986 for contravention of the provisions of the act, rules etc. ..... section 15 of the environment (protection) act, 1986 makes the contravention of any of the provisions of the act, rules, orders, directions issued thereunder, punishable. ..... the consent to operate dated 15.06.2012 issued by the jharkhand state pollution control board is an order subject to the condition that the petitioner would abide by the applicable provisions of the environment (protection) rules, 1986 and other rules. .....

Ms Swami Parmanand Bhatta Company, Baghpat. Vs. Union of India and Oth ...

Court : Allahabad

..... we may gainfully refer to some provisions of the air (prevention and control of pollution) act, 1981 (hereinafter referred to as 'the act, 1981'). ..... the parliament has also enacted various enactments including the environment (protection) act, 1986, the air (prevention and control of pollution) act, 1981, the water pollution act, the convervation of forest act and other legislations to protect the environment and ecology. ..... pollution control board and others, to submit the list of the brick kiln owners along with the report as to whether the same are being run without no objection certificate or without consent issued under section 21 of the act, 1981. ..... under section 21 of the act, 1981, no person shall, without previous consent of the state board, establish or operate any industrial plant in an air pollution control area. ..... the act, 1981 defines 'air pollutant' under section 2 (a), which reads as under:- "2. ..... it is the case of the writ petitioner himself that a bare reading of the act and the rules indicates that the central government is entitled to take measures to protect and improve the environment and for the aforesaid purpose, it may impose restrictions on areas in which any industries, operation or process or class of industries, shall not be carried out or shall be carried out subject to certain safeguards. ..... " similarly, it defines 'chimney' under section 2 (h) of the act, 1981 and 'emission' under section 2 (j) of the act, 1981. .....

Hindustan Copper Limited Through Its General Manager Mines Sri Deb Kum ...

Court : Jharkhand

..... the petitioner submitted application under the water (prevention & control of pollution) act, 1974 and under the air (prevention & control of pollution) act, 1981 for consent to operate which were duly granted. ..... act and the rules made thereunder do not postulate any condition precedent except, as contained in the act and the rules, the insistence of the respondent state of jharkhand for producing environmental clearances and consent to operate order from the jharkhand state pollution control board, is beyond the power conferred upon the state government under the m.m.d.r. ..... state of u.p agreeing with views expressed in ambica quarry works it was held that the fc act applies to renewals as well and even if there was a provision for renewal in the lease agreement on exercise of the lessee s option, the requirement of the act had to be satisfied before such renewal could be granted. ..... venkatramani, the learned senior counsel appearing for the petitioner submitted that, though the petitioner applied for 3rd renewal of the mining lease well within time and in the meantime, a favourable report from indian bureau of mines has also been received by the state government, an order in terms of section 8 (3) of the mines and mineral (development and regulation) act, 1957 has not been issued by the respondent state of jharkhand. .....

Partap Steel Rolling Mills Ltd. Vs. State of Punjab

Court : Punjab and Haryana

Reported in : (2007)9VST629(P& H)

..... central board for the prevention and control of water of pollution [1995] supp 3 scc 385, the question was regarding levy of cess under the water (prevention and control of pollution) cess act, 1977 on the water, which was drawn by the company from river yamuna for cooling purpose and after use, the ..... in calculating his taxable turnover a registered dealer may deduct from his gross turnover,-(xii) the purchase value of goods which have already been subjected to tax under section 5(1 a) used or consumed by him in manufacture in punjab of goods other than goods declared tax-free under section 6 for sale,-(i) in punjab ;(ii) in the course of inter-state trade or commerce ;(iii) in the course of export out of territory of india:provided that the dealer ..... in rule 57a is merely meant to enlarge the meaning of the word 'input' and does not in any way restrict the use of the input within the factory premises.the appellant could not have claimed modvat credit in respect of limestone because of the provisions of rule 57c, inasmuch as there was an exemption from levy of excise duty ..... case [1988] 69 stc 320 were different from the provisions of rule 29(xii) of the rules, which are ..... even otherwise, the provisions for consideration before the honourable ..... the contention of the assessee is that the provisions of rule 29 (xii) of the rules have been wrongly interpreted by the authorities, resulting in denying the: benefit of deduction of purchase value of the goods from the taxable turnover of the .....

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

Court : Kerala

..... 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 for operation of the company from the pollution control board (for short the board), causing serious health hazards to the inhabitants in the locality ..... section 37 of the act provides the penalties to be imposed for such offences indicating that punishment for such offences, each of them, if the offender is found guilty shall not be less than one year and six months and it may extend to six years and with fine, and in the event of failure to comply with the provisions continues with an additional fine which may extend to rs.5,000/- per day so long as such failure continued after the conviction ..... the complainant), is a practising advocate, who claims to be a social activist holding the post of the chairman of an organization named malayalam (anti carbon pollution environmental protection council) at karimugal, which is stated to be a congregation of 18 social and religious organisations functioning in and around karimugal engaged in activities resisting and protecting the air and water pollution alleged to be caused in the said area by the operation and functioning of the factory of the 1st accused company. .....

In View of the Authoritative Judicial Pronouncements of This Vs. Munic ...

Court : Punjab and Haryana

..... we make it clear that setting up of the solid waste treatment plant shall be strictly in accordance with the provisions of the water & air (prevention and control of pollution) acts and all the permissions required for setting up such a plant shall be obtained form the competent authority by the corporation before the work actually starts. 4 ..... this order shall dispose of cwp no.2032 of 2006 (hereinafter referred to as `the first petition ) preferred by the pollution control committee, amritsar, for directing the respondents, including the municipal corporation, amritsar to shift the dumping place of municipal solid waste and dead animals to an authorized and approved place in accordance with the provisions of the municipal solid wastes (management & handling) rules, 2000 (for short `the rules ) and for scientific disposal of the municipal solid wastes and dead animals.2. ..... therefore, if by the impugned repudiation of the claim of the appellants the first respondent as an instrumentality of the state has acted in contravention of the above said requirement of article 14 then we have no hesitation that a writ court can issue suitable directions to set right the arbitrary actions of the first respondent . 30 ..... union of india and others, 2009(2) plr 110.it is also argued that the contract of such nature in its very nature is determinable on account of default of any of the parties, therefore, in view of section 14(1)(c) of the specific relief act, 1963, such contract cannot be enforced .....

Soman Vs. Kerala State Electricity Board

Court : Kerala

..... is mentioned in ext.p1 that the disconnection is proposed on the basis of direction issued by the 5th respondent under section 33-a of the water (prevention & control of pollution) act 1974 and under section 31-a of the air (prevention & control of pollution) act, 1981. ..... the facts and circumstances revealed as above, it is for the 5th respondent to take adequate measures and effective steps to see that the industry in question is not functioned in a manner causing pollution. ..... to learned counsel for the 6th respondent, even after disconnection of supply the industry in question is running with the aid of a diesel generator, which is liable to be prevented.4. ..... to observe that if the 5th respondent decide to issue the 'consent to operate', the said fact shall be intimated to the 4th respondent, and on such event the 4th respondent should take effective steps for restoration of supply, on the petitioner complying with the required formalities. ..... sri.jose abraham this writ petition (civil) having come up for admission on1912-2013, the court on the same day delivered the following: msd. ..... in this writ petition is against ext.p1 notice issued by the 4th respondent for disconnection of electric supply to the industry run by the petitioner. ..... circumstances as mentioned above, the writ petition is disposed of reserving liberty to the petitioner to approach the 5th respondent seeking grant of 'consent to operate' and also seeking directions to respondents 1 to 4 for restoration of electric supply. .....

Ms Steel Strips Wheels Ltd Through Its Chief General Manager P and a S ...

Court : Jharkhand

..... the deeming provision under section 25(6) of the water 4 (prevention and control of pollution) act, 1974 has been incorporated to avoid a situation in which an industry may be ready for production however, if the industry starts production without valid environmental clearance, the industry may be prosecuted for violating the environmental laws. ..... the jharkhand pollution control board granted noc vide memo dated 30.05.2009 and it was granted authorisation for handling hazardous waste vide memo dated 15.12.2010. ..... the application dated 23.08.2010 was filed before the jharkhand state pollution control board and the petitioner submitted a compliance report on 24.11.2010. ..... in the meantime, consent to operate order dated 04.04.2011 was issued by the jharkhand state pollution control board with retrospective date. ..... secretary, jharkhand state pollution control boardhaving its office at ta division building, ground floor, hec, p.o. & p.s. ..... jharkhand state pollution control board through its chairman, having its office at ta division building, ground floor, hec, p.o. & p.s. ..... i find that the 5 instruction contained in letter dated 22.05.2012 of the secretary, department of industries and other letters, not to fix the date of commercial production prior to the date of first consent to operate does not indicate any rational basis and therefore, the first consent to operate cannot form the basis for fixing the date of commercial production . .....