Air Prevention And Control Of Pollution Act 1981 Pdf Writer


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P2 Act of , to integrate pollution prevention policy into its environmental programs The program also provided final editing of the evaluation. There is room for mgrd.

We are surviving because of environment and it is our duty to protect it along with maintenance of Sustainable Development.

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We are surviving because of environment and it is our duty to protect it along with maintenance of Sustainable Development. Environmental Laws and Constitutional Provisions In India It is interesting to note that natural resources had been stored virtually untouched in the Earth for millions of years. But since the start of the industrial revolution vast amounts of these resources had been exploited within a period of just a couple of hundreds of years at unimaginable rates, with all the waste from this exploitation going straight in the environment air, water, land and seriously damaging its natural processes.

Although pollution had been known to exist for a very long time at least since people started using fire thousands of years ago , it had seen the growth of truly global proportions only since the onset of the industrial revolution during the 19th century.

Environmental degradation in India has been caused by a variety of social, economic, institutional and technological factors. Rapidly growing population, urbanization and industrial activities have all resulted in considerable deterioration in the quality and sustainability of the environment. Environmental ethics have also formed an inherent part of Indian religious precepts and philosophy. The importance of Judiciary in a democratic setup for protection of life and personal rights can hardly be overestimated.

India has a highly developed judicial system with the Supreme Court having plenary powers to make any order for doing complete justice in any cause or matter and a mandate in the Constitution, to all authorities, Civil and Judicial, in the territory of India to act in aide of the Supreme Court.

The scope of Writ Jurisdiction of the High Courts is wiser than traditionally understood and the judiciary is separate and independent of the executive to ensure impartiality in administration of justice. In considering the role of the judiciary in environmental governance, there are two issues that need to be considered.

The first is the role the judiciary in the interpretation of environmental law and in law making and the second is the capability of jurists to effectively interpret the increasingly cross-linked issues brought to their attention.

The environment, thus, is an amalgamation of various factors surroundings an organism that interact not only with the organism but also among themselves. It means the aggregation of all the external conditions and influences affecting life and development of organs of human beings, animals and plants. In the ancient India, protection and cleaning up of environment was the essence of the Vedic culture.

The conservation of the environment formed an ardent article of faith, reflected in the daily lives of the people and also enshrined in myth folklore, art, culture and religion. In Hindu theology forests, trees and wildlife protection held a place of special reference.

The revenue orientation of the colonial land policy also worked towards the denunciation of forests. The imperial forest department was formed in, with the help of experts from Germany, the country which was at the time the leading European nation in forest management.

The first inspector-general of forests, Dietrich Brandish, had been a botanist and recognise awesome task of checking the deforestation, forging legal mechanism to assert and safeguard states control over the forests.

The Indian Constitution, as adopted in , did not deal with that the subject of environment or prevention and control of pollution as such until Amendment. The original text of the constitution under Article 1 has incorporated the earlier existing laws into the present legal system and provides that notwithstanding the repeal by this constitution of enactment referred to in article , but subjected to the other provisions of the constitution, all laws in force immediately before the commencement of the constitution shall remained in force until altered, repealed or amended by a competent legislature or other competent authority.

As a result, even after five decade of independence. The plethora of such laws is still in operation without any significant changes in them.

The Principles on environment With a view to protecting and improving the environment, different legislations have been made and different regulations, rules have been issued. The Government of India, through its Ministry of Environment and Forests is administering has enacted nationwide comprehensive laws.

The Supreme Court has laid down that the "Precautionary principle" and the "Polluter Pays Principle" are essential features of "sustainable development". These concepts are part of Environment Law of the country. The "Precautionary Principle" establishes that a lack of information does not justify the absence of management measures. On the contrary, management measures should be established in order to maintain the conservation of the resources.

The assumptions and methods used for the determination of the scientific basis of the management should be presented. The essential ingredients of the precautionary principle are: i Environmental measures- by the state government and the statutory authorities- must anticipate, prevent and attack the causes of environment degradation.

The principle demands that financial costs of preventing or remedying damage caused by pollution should lie with the undertakings which cause pollution. Sustainable Development means an integration of development and environment imperative it means development in harmony with environmental consideration. To be sustainable, development must possess both economic and ecological sustainability.

It is a development process where exploitation of resources, direction of investment, orientation of technology development and institutional changes are all in harmony. Sustainable development also implies local control over the resource use, and is the only path for conserving and promoting socio-economic wellbeing in a democratic form. It is a process of ecologically sound development, of positive management of environment for human benefits.

For example banning tree felling in reserve forests and permitting harvesting of minor forest products by rural poor and tribal; development of community or common lands for rural subsistence needs of industries, towns and villages.

The component of eco-developmental so includes alternative development strategies; biogas, substitute for natural resources, social forestry, micro irrigation and recycling of waste to prevent pollution. FACTS - In this case, certain tanneries in the State of Tamil Nadu were discharging untreated effluent into agricultural fields, roadsides, waterways as open lands.

The untreated effluent finally discharges in the river which has the main source of water supply to the residence of Vellore. The Supreme Court issued comprehensive directions for maintaining the standards stipulated by the Pollution Control Board. The authority headed by retired judge of the High Court shall implement the precautionary and polluter pays principles.

The authority should compute the compensation under two heads, namely, for reserving the ecology and for the payment to individuals. To protect and improve the environment is a constitutional mandate. It is the commitment for a country wedded to the ideas of a welfare State. The Indian constitution contains specific provisions for environmental protection under the chapters of Directive Principles of the State Policy and Fundamental Duties.

The absence of any specific provision in the Constitution recognising the fundamental right to clean and wholesome environment has been set off by judicial activism in the recent times. A global adaption consciousness for the protection of the environment in the seventies prompted the Indian Government to enact the 42nd Amendment to the Constitution.

The said amendment added Art. A similar responsibility imposed upon on every citizen in the form of Fundamental Duty —. The amendments also introduced certain changes in the Seventh Schedule of the Constitution. This shows the concern of Indian parliamentarian to give priority to environment protection by bringing it out the national agenda. Although unenforceable by a court, the Directive Principles are increasingly being cited by judges was a complementary to the fundamental rights.

In several environmental cases, the courts have guided by the language of Art. K Kollwal V State of Rajasthan , a simple writ petition by citizens of Jaipur compelled the municipal authorities to provide adequate sanitation.

The court observes that when every citizen owes a constitutional duty to protect the environment Art. The Court gave the administration six month to clean up the entire city, and dismissed the plea of lack of funds and staff. The Public Trust Doctrine, evolved in M. Mehta v. Kamal Nath , states that certain common properties such as rivers, forests, seashores and the air were held by Government in Trusteeship for the free and unimpeded use of the general public.

Granting lease to a motel located at the bank of the River Beas would interfere with the natural flow of the water and that the State Government had breached the public trust doctrine.

A matter regarding the vehicular pollution in Delhi city, in the context of Art 47 and 48 of the Constitution came up for consideration in M. Mehta vs. Union of India Vehicular Pollution Case. It was held to be the duty of the Government to see that the air did not become contaminated due to vehicular pollution. The Apex court again confirming the right to healthy environment as a basic human right stated that the right to clean air also stemmed from Art 21 which referred to right to life.

This case has served to be a major landmark because of which lead-free petrol supply was introduced in Delhi. There was a complete phasing out old commercial vehicles more than 5 years old as directed by the courts.

Delhi owes its present climatic conditions to the attempt made to maintain clean air. The owners of some tanneries near Kanpur were discharging their effluents from their factories in Ganga without setting up primary treatment plants. The Supreme Court held that the financial capacity of the tanneries should be considered as irrelevant while requiring them to establish primary treatment plants.

The Court directed to stop the running of these tanneries and also not to let out trade effluents from the tanneries either directly or indirectly into the river Ganga without subjecting the trade effluents to a permanent process by setting up primary treatment In the very recent case of T.

Godavarman Thirumulpad v. Union of India, a case concerning conservation of forests, Justice Y. Sabharwal, held: Considering the compulsions of the States and the depletion of forest, legislative measures have shifted the responsibility from States to the Centre. Moreover any threat to the ecology can lead to violation of the right of enjoyment of healthy life guaranteed under Art 21, which is required to be protected.

The Constitution enjoins upon this Court a duty to protect the environment. The Union List List I includes defence, foreign affairs, atomic energy, intestate transportation, shipping, air trafficking, oilfields, mines and inter-state rivers. The State List List II includes public health and sanitation, agriculture, water supplies, irrigation and drainage, fisheries.

The Concurrent list List III under which both State and the Union can legislate includes forests, protection of wildlife, mines and minerals and development not covered in the Union List, population control and factories. From an environmental standpoint, the allocation of legislative authority is an important one — some environmental problem such as sanitation and waste disposal, are best tackled at the local level; others, like water pollution and wildlife protection, are better regulated uniform national laws.

An arbitrary action must necessary involve a negation of equality, thus urban environmental groups often resort to Art. Right to Wholesome Environment "No person shall be deprived of his life or personal liberty except according procedure established by law.

Similarly while interpreting Art. Health and ecology have greater importance to the people. The sampling of effluents for test has been laid down in section In Delhi Bottling Co. CPCB , AIR Del , it was found that the representatives of board got the samples analysed from a non-recognized laboratory by the state. The court held that since section 21 was not complied upon, the test results were inadmissible as evidence. It controls mainly air pollution and its abatement. Also establishes air quality standards.

The Central and State Boards set up under section 16 and 17 independently notify emission standards. Every industrial operator within a declared air pollution area, must obtain a permit from the State Board Sec 1 and 2. Within four months from the date of application for the permit, the board must complete the formalities — either grant or refuse consent.

The amendment of has sharpened its environmental focus and expanded its application to hazardous processes. A writ petition can be filed to the Supreme Court under Art. Since the right to a wholesome environment has been recognised as an implied fundamental rights, the writ petitions are often restorted to in environment cases.

An Overview of the Air (Prevention and Control of Air Pollution) Act 1981

The Environment Protection Act was enacted in the year It was enacted with the main objective to provide the protection and improvement of environment and for matters connected therewith. The Act is one of the most comprehensive legislations with a pretext to protection and improvement of the environment. The Constitution of India also provides for the protection of the environment. Article 48A of the Constitution specifies that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Article 51 A further provides that every citizen shall protect the environment.


An Act to provide for the prevention, control and abatement of air pollution, (2) The State Government shall, by order in writing, remove any member who is.


Environment Protection Act,1986 (Overview)

This article explores a brief history of the Air Prevention and Control of Air Pollution Act and the reason for its introduction. It explores the provisions for the setting up of Boards for pollution control and regulation, along with looking at some case studies regarding clean air. Many of us must be aware of the plight of Delhi residents in the winter. In , Delhi was ranked as one of the most polluted major cities in the world.

Origin of Writ In common law, Writ is a formal written order issued by a body with administrati The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo Trade Unionism had made its headway owing to growth of industrialization and capitalism.

The Water Prevention and Control of Pollution Act, the first of a series of legislation passed by the Government of India pertaining to regulation of environmental aspects in the country. Rising water pollution due to industrial and domestic activities became a cause of concern, leading to the enaction of this legislation. Discharge of effluents into water bodies was only allowed by obtaining the consent of the State Board, within restrictions it poses. It is important to note that under the Indian Constitution, Water is a state subject. The Central Government cannot pass any legislation pertaining to state subjects unless such a legislation is approved by State Governments.

Environment Protection Act,1986 (Overview)

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Overview : Environment Protection Act,1986

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India’s Water (Prevention and Control of Pollution) Act, 1974: An overview

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