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 : Kerala
Reported in : AIR1992Ker168
..... by entry 15 of sch. i of the water (prevention and control of pollution) cess act (1977). the view expressed by the court is that in interpretating entry 15 of schedule i, one has to keep in mind the words used therein ..... 1987 all 298 (kisan sahkari chini mills ltd., sheikhupur, budaun v. state of uttar pradesh). the allahabad high court was also considering the question of imposing cess under water (prevention and control of pollution) cess act (36 of 1977). the industry that was considered was sugar industry. the court held that any person carrying on the sugar manufacturing industry would be covered ..... in section 3 of the act which is the charging section wherein it is stated that there shall be levied and collected a cess for the purposes of the water (prevention and control of pollution) act, 1974 and utilisation thereunder and that the cess under sub-section (1) shall be payable by every person carrying on any specified industry. so in preamble, ..... 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. the preamble itself wanted application of the enactment or collection of cess under the act on water consumed by persons carrying on certain industries. it is obvious that all the industries are not .....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 : Delhi
Reported in : 1994IIAD(Delhi)593; 54(1994)DLT578; 1994(29)DRJ258
..... denied. i categorically again submit before this hon'bie court that the same has been lawfully done in exercise of the powers vested with the central government under the water (prevention & control , of pollution) act, 1974.'(29) the petitioner was selected for the post of the chairman after scrutiny and the appointment was approved by the appointments cabinet committee and the ..... has been superseded by the government of india in public interest in lawful exercise of powers vested under section 61(1)(b) of water (prevention & control of pollution) act, 1974. i further respectfully submit that the petitioner's allegation in the writ petition that the supersession of the central board by respondent no.1 has ..... minister has stated on the floor of the house that the cpcb will be reconstituted to remedy the situation. 4. according to section 61(1)(b) of the water (prevention and control of pollution) act, 1974, if the central government is of the opinion that circumstances exist which render it necessary in the public interest, it may supersede the central board. ..... pgp-1 applications are invited for appointment to the post of chairman of the central pollution control board. the central pollution control board was established in 1974 under the provisions of the water (prevention and control of pollution) act, 1974. the board also exercises the powers and functions under the air (prevention and control of pollution) act, 1981. the board consists of members, not exceeding 17 in number, .....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 : Jharkhand
Reported in : 2007(2)BLJR1030; [2007(3)JCR178(Jhr)]
..... whereunder action was taken, the apex court and the division bench of patna high court ruled out the application of doctrine of audi alteram partem. the provisions, contained in water (prevention & control of pollution) act, 1974, namely, sections 5 and 6, have distinctive features. it is pertinent to note that principles of natural justice have been specifically incorporated under sections 5( ..... at a later stage.6. with a view to appreciate the contention of the learned counsel appearing for the parties, it is necessary to notice certain relevant provisions of water (prevention & control of pollution) act, 1974:2. definitions-in this act, unless the context otherwise requires,-(a) 'board' means the central board or a state board:xx xx xx xx(c ..... been questioned on variety of grounds (i) the order of removal has been passed in contravention of the provisions of sections 5(3) and 6(2) of the water (prevention & control of pollution) act, 1974; and (ii) the order is the outcome of the political vendetta having been passed on political considerations.4. counter affidavit has been filed by the ..... foot of the notification contains a stipulation that the tenure of the members of the board and other conditions, relating to service, shall be such, as specified under the water (prevention & control of pollution) act, 1974.3. while this notification was in operation, petitioner has been removed by the impugned notification dated 3rd november, 2006 on the grounds, noticed hereinafter. legality .....Tag this Judgment!
Court : Jharkhand
Reported in : 2007(2)BLJR1128; [2007(2)JCR243(Jhr)]
..... state, on the other hand, vehemently supported the impugned decisions taken by the state and submitted that the said decisions have been taken in accordance with the provisions contained in water (prevention & control of pollution) act, 1974. learned a.g centered his argument contending that the board's decision on the terms and conditions of the services of its employees and officers cannot be ..... age of superannuation of its employees and officers has been enhanced from 58 years to 60 years is a regulation within the meaning of section 12(4) of the water (prevention and control of pollution) act, 1974 attracting proviso (b) to the said sub-section and making approval of the state government mandatory and giving power to the state government to interfere with the ..... enhancing the age of the officers and employees of the board was unanimously taken by all the members including the said sri subhash chandra sinha. rule 36 of the water (prevention and control of pollution) act, 1974 (hereinafter referred to as 'the said act) provides that five members of the board shall constitute quorum of any meeting of the board. in the said 12th ..... j.s.p.s.b has no authority to enhance the age of superannuation without any approval by the government of jharkhand as required under section 12(4) of the water (prevention and control of pollution) act, 1974. it has been stated that as per the provisions contained in section 12(4) of the said act, any regulation made by the jharkhand state .....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!