Court : Supreme Court of India
Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1
..... any industry, operation or process or stoppage of regulation of the supply of electricity or water or any other service.parliament has also enacted enactments to prevent and control water pollution and air pollution [the water (prevention and control of pollution) act, 1974 and the air (prevention and control of pollution) act, 1981]. a statement was placed before this court by the central government showing the ..... as the value of ecology function in which the stakeholders or scientists, tourists, village residents, non-users, the nature of value is - regulation of water, nutrient cycle, flood control. these instances have been noted to highlight the importance of the biodiversity valuation to protect the environments. the conclusions and the policy recommendations of the author ..... are:'biodiversity valuation has important implications for decision making with respect to alternative uses of land, water and biological resources. since all value does not get ..... areas. xxx xxx xxx4.8.1. encroachment on forest lands has been on the increase. this trend has to be arrested and effective action taken to prevent its continuance. there should be no regularization of existing encroachments. xxx xxx xxx4.9. the main considerations governing the establishment of forest-based industries and supply .....Tag this Judgment!
Court : Kerala
Reported in : 2005(3)KLT10
..... just. the enclosures were the licences issued by the director of factories & boilers; copy of contest letter dated 14.2.2004 issued under the air (prevention & control of pollution) act, consent letter under the water (prevention & control of pollution) act, a copy of the application for renewal concerned, and pay order no. 472067 dt. 11.4.05 intended towards licence fee. however, no ..... accordance with the rules.17. taking notice of the contentions, that had been raised by the parties in these proceedings, we also direct that the authorities under the pollution control board should make an inspection of the premises of the factory, after it commences functioning and within three months thereof for ensuring that all precautionary measures for safety are ..... submitted the application for renewal of the licence fulfilling the conditions stipulated by the high court. according to the panchayat, in the absence of clearance received from the pollution control board and without the appraisal by the company that it possess licence issued under the factories act, the functioning of the company would be illegal.7. the affidavit ..... been indicated that the petitioner will have the obligation to apprise (typed as appraise) the panchayat that they possess licences under the factories act and clearance received from the pollution control board. if the above two conditions were satisfied, the licensing authority was to grant the licence. after the grant of licence, it would have been permissible for .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1988SC1037; (1987)3CompLJ69(SC); JT1987(3)SC630; 1987(2)SCALE611; (1987)4SCC463; 1SCR279; 1988(1)LC75(SC)
..... to stop its business with effect from 1-4-1988.16. we issue a direction to the central government, the uttar pradesh board, established under the provisions of the water (prevention and control of pollution) act, 1974 and the district magistrate, kanpur to enforce our order faithfully. copies of this order shall be sent to them for information.17. the case is adjourned to ..... water, for the establishment, with a view to carrying out the purposes ..... the stockholm conference.(vide lal's commentaries on water and air pollution laws (2nd edn.) pages 6-7).5. realising the importance of the prevention and control of pollution of water for human existence parliament has passed the water (prevention and control of pollution) act, 1974 (act 6 of 1974) (hereinafter referred to as 'the act') to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(5)ALD481
..... us for hearing.2. the above writ petitions are filed by the petitioners assailing the assessment orders passed under the provisions of the water (prevention and control of pollution) cess act, 1977 (for short the 'act'). wp no.24554 of 1999 relates to the assessment for the period from 1 ..... . according to the learned standing counsel, the petitioner-industry failed to comply with the provisions of section 25 of the water (prevention and control of pollution) act, 1974 (for short the 'water act') and, therefore, there was justification for the assessing authority to levy cess on the petitioner-industry under sub-section ..... are extracted as follows: i. for the purpose of measuring and recording the quantity of water consumed, every consumer shall affix water meters venturi meters or orifice meters with integrators and recorders in ..... under section 25 of the water act. in the words of the appellate authority the contention of the respondent assessing authority is as follows:'a. the rule 3(1), 3(2), 3(3) and 3(4), read with section 4 of the water (prevention and control of pollution) cess act, 1977, ..... us for hearing.5. we have heard the learned counsel for the petitioners and sri bhatt, learned standing counsel for the a.p. pollution control board. although the supreme court remanded the proceedings to consider the question that even if accepting that the act applies to the petitioner-industry .....Tag this Judgment!
Court : Kerala
Reported in : AIR1986Ker256
..... persons carrying on certain industries and by local authorities, with a view to augment the resources of the central board and the state boards for the prevention and control of water pollution constituted under the water (prevention and control of pollution act). 1974.' strong indications are available in the enactment itself about the intertwining and interlacing of the two enactments. the cess act is dovetailed into ..... , j. 1. the forty eight. writ appeals now raise one vital point about vires, scope and amplitude of rule 6 of the water (prevention and control of pollution) cess rules, 1978. the rule has been framed under the water (prevention and control of pollution) cess act, 1977 (central act 36/77) (hereinafter referred to for brevity's sake as the 'cess act'). the inter connection between ..... of cess have to be dealt with and utilised. the net proceeds of the case, it is clearly specified in section 8 are to be 'utilised under the water (prevention and control of pollution) act, 1974.' in view of the inter-connection of the two enactments, we are clearly of the view that section 6 has to be understood only in ..... levied in respect of that division under section 3; (ii) the proceedings of the appellate committee are vitiated by legal bias; and (iii) rule (6) of the water (prevention and control of pollution) cess rules, 1978 relied on by the appellate committee for denying the benefit of rebate to the petitioners is ultra vires. the learned judge held that 'chemical industry', in .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR2003Raj286; RLW2003(2)Raj1012; 2003(2)WLC465
..... , was violative of article 19(1)(g) of the constitution. rejecting the contention, the gujarat high court came to the conclusion that without complying with the municipal laws and water (prevention and control of pollution) act, 1974, the petitioner had no right under article 19(1)(g) of the constitution, to carry on business. 36. in d.s. rana v. ahmedabad municipal corporation (9 ..... of the petition be awarded to the petitioner.' 2. 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 ..... are being discharged by the dyeing and printing units, which are polluting the water sources, used for agriculture and drinking purposes. neither the association, nor the riico has taken any concrete steps, to prevent pollution. it also appears that the order, dated 20.9.95, has not improved the situation, at all. the pollution control board had, undoubtedly, written to the rseb, to disconnect the electricity .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1985KAR3005
..... he had nojurisdiction to grant interim order under sub-section (2) of section 33 of the water (prevention and control of pollution) act, 1974.2. the facts, briefly stated, are as follows :the karnataka state board for prevention and control of water pollution, bangalore, made an application under section 33 of the water (prevention and control ofpollution) act, 1974, ('act' for short) that the respondents had discharged and continued to discharge ..... the untreated effluent or trade wastes into a nalla joining vishwabharathi river thereby it was apprehended that by reason of the disposal of the end untreated affluent, the water in the ..... said nalla.and vishwabharathi river was likely to be polluted. the board .....Tag this Judgment!
Court : Patna
..... . in reply to the petitioners' objection that the member secretary had passed the orders without jurisdiction the respondent-pollution control board submits that in accordance with section 4 of the water (prevention & control of pollution) act, 1974, a board is to be constituted and under section 11a of water act the boardmay delegate its powers and duties to the chairman. he submits that in accordance with the ..... air (prevention & control of pollution) act, 1981, a board is to be constituted under section 5 of the act and powers of ..... the board can be delegated in favour of the chairman or the member secretary or any other officer of the board under section 15 of the, said act. he submits that when a state pollution control board is constituted then ..... it is constituted under the water act and the said board shall be deemed to be a state board for purposes of the air act, 1981. referring to annexure-v to .....Tag this Judgment!
Court : Delhi
Reported in : AIR1986Delhi152
..... company. the company duly obtained consent order under the provisions of sections 25 and 26 of the water (prevention and control of pollution) act, 1974 (for short 'the act'). a complaint under section 33(1) of the act was filed by the central board for the prevention and control of water pollution, respondents, against the petitioners. it was alleged that the company has neither put up the ..... provisions of section 33 of the act. section 33 only provides for the passing of a restraint order by the court against the company for ensuring the stoppage of apprehended pollution of water in the stream in which the trade effluents of the company are discharged. i, thereforee, need not go into the question as to whether the petitioners' non-erection ..... be lifted by the board. whereas section 32 provides for emergent cases, section 33 is the normal provision empowering the board to make applications to courts for restraining apprehended pollution of water in streams or wells. so to say that for taking action under section 33 which is a normal provision in which the lifting of samples is involved that the ..... complaint of the respondents and after hearing the parties, passed the impugned order dt. aug. 8, 1984 accepting the application of the respondents and restraining the petitioners from causing pollution of the stream by discharging the trade effluents till the required treatment plant is set up and conforming the quality of trade effluents according to the standards prescribed by the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118
..... caused by mining operation. a mining lease holder is also required to comply with other statutory provisions such as environment (protection) act, 1966, air (prevention and control of pollution) act, 1981, the water (prevention and control of pollution) act, 1974, forest (conservation) act, 1980. mere approval of the mining plan by government of india, ministry of mines would not absolve the ..... protection) rules, 1986, the central government hereby delegates the powers conferred on it to take measures for protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution, to be exercised also by the state governments as notified in the notification of the government of india in the ministry of environment and forests s.o ..... the ep act') mr. bhure lal was appointed its chairman. the epca was constituted with a view to protect and improve the quality of environment and preventing, controlling and abetting environmental pollution. epca has also the power to deal with environment issues pertaining to national capital region which may be referred to it by the central government. the epca ..... government to take all such steps as may be necessary for the conservation and systematic development of minerals in india and for the protection of environment by preventing or controlling any pollution which may be caused by mining operations and for such purposes, the central government may, by notification in the official gazette, mate such rules as .....Tag this Judgment!