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Download Law documents for your studies and more Summaries Law in PDF only on Docsity! PART-IV PROBLEM TYPE QUESTIONS 9.193. Solve any two of the following:— as a Hussain Sagar lake has been spreading foul smell * letting of sullage water and industrial effluents into continuously by the inhabitants of the area and industrial concerns. Who can bring a legal action to prevent it? Against whom and before which court or Tribunal? (2) Carbon monoxide is emitted frequently on public road especially by a number of old trucks used for transport of goods, apart from other ill-maintained motor vehicles. What are the judicial and non-judicial remedies available to the public who are injuriously affected by ill health as a result? (3) A function hall (‘Kalyana Mandapam') is situated just opposite a well-known hospital for intensive care of heart patients. Quite often i tones in that hall for quite a few ho lain of shock and ill- celebration. The hospital patients comp ailable to them? health. What are the legal remedies av (4) The Government proposes to clear a dense forest ion for tourist homes. The area sen oven serving since 100 years as a sanctuary for birds and wild animals, and is also rich in herbs useful for medicine. The people in the vicinity want to prevent the proposed action. Advise. —(1) In this case the State Board or any Ans. Problems- rized by the Board in this behalf, or any person who officer auth: of not less than 60 days, in the manner prescribed, has given notice offence and of his intention to make a complaint to of the alleged the Board, or officer authorized as aforesaid. plain in the court of a Metropolitan He may file com Magistrate or the Judicial Magistrate first class for prosecution and punishment of the offender. may also be filed before the National Environment A petition maj Tribunal at New Delhi constituted under the National b (180)  © QUESTION. Environment Tribunal : ct, 1995, Under Sec: the Nee eae the aggrieved n ei “hat Act! onment T,; : DS m, against the pollutants ang 7eunal for ootaining proper PPtRC. approach an Executive Magistrate sation also Junction (3) The leg ; Tes They ma ee al remedies available a the public eee also complaint before the National Envy; Patients jg to £] UIS 4 of the National Environment Toeet Tb at New Del injunction against the Pollution and for mae i § (4) In this case the em Supreme Court under Arti, writ or direction restrain} the a case of Sachidanang Pandey a Sou ae urist homes. The may be relied on. “+ (1987) 2 Scc The injured persons and the ‘Pendants filed suits claiming several crores of rupees as damages. In the Court, the company agreed to pay substantial damages provided the prosecution is o_o mutual consent. Accordingly, the prosecu withdrawn. Is it Permissible under the law? (3) A hill-side town like Dehra Dun was fast becoming uninhab itable due to continuous and ee one operations in the vicinity and also eee i. Land erosion and heavy flooding became th the menace to those citizens. They — ae highest Supreme Court directly for immediate re nes petition? Who Court. Under which Article “epiindanenses ‘fundamental can file the petition? For violation  (2) An Environmental Action Group wrote a letter to Municipal Board to Permit the 7 ext H m to inspect or to supply copies of the building permissions granted by the Board to various people with a view to ascertain whether the quality of life of citizens has been isolated by indiscriminate granting of such Permissions. Since the- request was not granted, the group files a writ petition before the High Court for compelling the Board to furnish the required information. Decide. (3) The State Government a construction of a 5- petition was filed ground that the c with the flight pa disturb the ecol petition. (4) The petitioner, a small scale industry, the business of pulverising stones, filed a petition challenging the order of the State Pollution Control Board by which he is prohibited from operating his industry and directing him to obtain clearance certificate before establishing the same in any other place. What can be the grounds on which he will be able to get a decision in his favour? r Ans. Problems.—(1) In this case the Petitioner can claim damages besides petitioning for issuance of proper directions to the authority. This is a case of plague spread in the town of Surat due to negligence of the Municipality of Surat. 3 ; However, the petitioner can claim compensation before the National Environment Tribunal at New Delhi under the provisions of the National Environment Tribunal Act, 1995. (2) In this case the Environment Action Group has a . ct documents which are otherwise public docum inne tizen has a right to inspect public documents. any tne writ petition in the High Court must su direction may be issued by the High Court to — llotted a land for the star hotel near a zoological garden. A for restraining the construction on the onstruction of the hotel would interfere th of migratory birds and thereby would ogy. Discuss the maintainability of the carrying on PROBLEM TYPE QUESTIONS 1 85 ocuments to the petitioners in this case, (3) In this case the writ petition grounds should be taken that the vel will interfere with the flight path ail affect and nn oh onlasien balance of the Birds sanctuary ‘150, that the inhabitants o the vicinity will suffer damage by way f pollution of environment by construction of the 5 Star Hotel, (4) In this case the petitioner is a small scale industry, which carries on the business of pulverising stones. The State Pollution Control Board prohibited the petitioner from operating his industry of pulverising stones. The Board directed the petitioner to take clearance certificate before establishing the same in any other Jace. R On these facts, the erroneous order is only to restrain the petitioner from establishing his industry of pulverising stones at any other place. Such other place may be a solitary place having no human inhabitation in the vicinity and no person will suffer from the air or noise pollution committed by pulverising stones industry. Hence, the imposing of precondition to get a clearance certificate of any other place to establish his industry is against the principles of natural justice. The petitioner must succeed on this ground alone partly relating to establishing his industry at some other place suitable for the stone industry. Answer any Two Questions he d is certainly maintainable. construction of the 5 Star of migratory birds, which Q.197. Solve any two of the following:— (1) A municipal corporation has earmarked 100 acres of certain land for recreational park in its development plan. But it has allowed two public agencies to purchase 37 acres of the said land for building residential units. The °orporation also permitted the public to start construction of the residential units, Is there any remedy available against the municipal uthority to the persons who are interested in the "ecreational park in that area as per development plan? (2) A chemical factory in a locality is polluting the locality's environment by smoke emissions and effluents. It has affected the health of the people residing in its vicinity. The People intend to stop this nuisance. What judicial 186 Questions and Answers on ENVIRONMENTAL LAW remedies are available to them? (3) A big plastic industry is situated by the side of a illage lake. The lake is used by the villagers as a source of rinking water. The villagers are observing that the industry is discharging gaseous substances and also sewerage from plastic manufacturing process into the lake. The action of the industry is proved to be injurious and harmful to the health of villagers. The villagers resolved to fight against the pollution of the lake. What advice do you tender to the villagers? To which authority should they make representations against the pollution of the water of the lake? (4) A public. sector company manufactures electronic components and equipments including transmitters. The employees working in the transmitter assembly room allege that, they are being exposed to the baneful effects of X-ray radiation during the course of the work. They also allege that the company failed to protect their health and safety. The employees also contend that 'right to work in safe and protected environment' is their fundamental right and company is depriving them of that right. The employees intend to claim compensation for their frequent illness due to X-ray radiation. Is there any remedy available to the employees in this case? Ans. Problems.—(1) In this case since public park is an essential necessity for wholesome atmosphere, which has been so declared by the Supreme Court in Rural Litigation and Entitlement Kendra v. State of U.P., AIR 1985 SC 652. ‘ Since 100 acres of land was earmarked for recreational park, the corporation has committed a wrong to environment by allotting the land for building residential units and permitting to start construction. The persons interested in the recreational park may successfully file a writ petition in the High Court under Article 226 of the Constitution against the Municipal Corporation for issue of directions to the Municipal Corporation to withdraw the allotment to public agencies and the sanctioned construction plan if any, and to stop the nuisance of constructing buildings in the area. _ (2) In this case the people affected by the pollution caused by the chemical factory may be restrained by the State Board. The PROBLEM Type QUESTIONS 189 surroundings of the slum, Are these slum dwellers environment? If so, who can help entitled for whole biotin them and in w Ans. Problems.— hat manner? (1) In this case the rat () @ payers of the tow: application u/s 4 of the Environment (Protection) ek 1986 - compensation and under Section 6 for proper interim dir cti te stop the pollution, celine Or They may move the Supreme Court under/Art. 32 of the High Court under/Art. 226 to issue proper writ or direction restraining the respondent from committing and continuing pollution and to abate the same. (2) In this case also, action for compensation and abatement or stoppage of pollution may be taken under Sections 4 and 6 respectively of the Environment (Protection) Act, 1986. Or They may move the High Court under/Art. 226 or the Supreme Court under Article 32 to issue proper writ or direction to the small scale industries and abate the pollution. (3) In this case the State Pollution Control Board may w/s 20 (c) of the Water (Prevention and Control of Pollution) Act, 1974, with a view to preventing or controlling pollution of water, give directions to the industrial unit, requiring it to furnish to it, information regarding the construction, installation or operation of such establishment or of any disposal system or of any extention or addition thereto, in such establishment and such other particulars as may be prescribed. The Board may take samples of the pollutants and get them examined in the Government Laboratory or a recognised laboratory, and send its report to the State Government under Sections 21 and 22 of the Act. The Board may also enter and inspect the industry ws 23 and it may prohibit the industry on use of the stream for disposal of polluting matter under Section 24 of the Act. The Board can also make application to Co apprehended pollution of water in the stream w the Act. (4) In this case the slum dwellers are 190 Questions and Answers on ENVIRONMENTAL LAW. environment as guaranted under Article 21 of the Constitutio 5 right to life and liberty as the Supreme Court has laid down in the Rural Litigation and Entitlement Kendra v. State of U.P., 19g SC 652. 5 Ratlam Municipality case, AIR 1980 SC 1622 is also helpfuy A, be relied on in this case. Q.199. (a) A State Board takes, ; for the purpose of analysis sample of emission from a chimney of B's fac without giving a prior notice of his intention to have i, analysed in the prescribed form. Is the sample taken a, aforesaid admissible in evidence? (6) A State Board or an officer authorized by the enters the premises of B, an industrial establishment, in an air pollution control area, B does not render all assistance to the person empowered for carrying out the functions entrusted to him under the Act, and fails to do so without any reasonable cause or excuse. Is B guilty of any offence? If so under what provision of law? (c) A, an officer authorized to do so, proceeds to take a sample for analysis, but B, the occupier of the establishment wilfully abstains. Should A take sample of his own accord or should he recede from taking the sample? Ans. Problems.— (a) No. Vide section 26(2) of the Air (Prevention and Control of Pollution) Act, 1981, the result of any analysis of a sample of emission shall not be admissible evidence in any legal proceeding, unless, the person taking the sample (a) has served on the occupier or his agent, a notice, then and there, in such form as may be prescribed of his intention to have it so analysed. (b) In this case B is guilty of an offence under Section 24(2) of the Air (Prevention and Control of Pollution) Act, 1981. (c) In this case vide the provisions of Section 26(4) of the Air (Prevention and Control of Pollution) Act; 1981, A should collect the sample of emission for analysis to be placed in a container or containers which shall be marked and sealed and shall be signed by the person taking the samples. ‘ | Q.200. B, an occupier of a factory in Faridabad ! Industrial Area at the time of taking sample by A, the State _  poard of Haryana, ‘ refuses 4, containers of the sample © sign the containers are signed te A nitsion, Tien’, ote analysis. Will the resujy uf 7 8ENE to te jd 2d 46 “te informed the Government uch {NAlysis be for absence of the occupier? Analyse in writing ft TA has the witfus Ans. Problem.— Yes. The action of the State Bogat te 96(4) of the Air (Prevention and Conigeh or Valid vide So-+: which provides that if the occupier op hae Pollution) a time of taking the sample but refuses nent fe Present at the sealed containers of the sample of emission, the the marked and containers shall be signed by the Person taki Ft and sealed thereafter the container or containers shall be sent Seca = by the person taking the sample for analysis to the Jat sm such person shall inform the Government Analyst in writin g shont the wilful absence of the occupier or his : agent or his refusal to sign the container or containers; the re: sult of such analysis of the sample of emission shall be admissible in evidence in any legal proceeding. Q.201. Ans. With the phenomenal growth in envircmecct. awareness and development of environmental legislatens ant institutions, the judiciary came to play a major role in giving See to various legislations concerning environment. To —— judiciary, demand for finding out an alternative mechan grew within the Court at various forums and levels a. Justice PN, Bhagawati was the first person to ar abe ¥ the establishment of environmental Courts. In M: Okem os Union of India, AIR 1987 SC 965, popularly known #s OS 6° leak case, the Supreme Court pointed out that alien at ‘ssues of environmental pollution, ecological need of experss “% re QUESTIONS 197 Scientific data and, therefore, there was an urgent °n environment in the administration of J Union of India, ATR 1987 SC 965]. ic Ten years after the above judgmen' Supreme Court in India Council for Environ of India, (1996) 2 SCC 212, again reitera'