Tax4india ›› Indian Law›› Environmental Law ›› Air Pollution Law ›› Restraining Powers Of The Board
Restraining Powers Of The Board
Where it is apprehended by a Board that emission of any air pollutant, in excess of the standards laid down by the State Board is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area, the Board may make an application to a court, of a Metropolitan Magistrate or a Judicial Magistrate of the first class for restraining such person from emitting such air pollutant.
Where the court makes an order restraining any person from discharging or causing or permitting to be discharged the emission of any air pollutant, it may, in that order,
- direct such person to desist from taking such action as is likely to cause emission;
- authorise the Board, if the direction under clause (a) is not complied with by the person to whom such direction is issued, to implement the direction in such manner as may be specified by the court.
- All expenses incurred by the Board in implementing the sections of the court under clause (b) shall be recoverable from the person concerned as arrears of land revenue or of public demand.
Power To Give Directions
A Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.
This includes the power to direct-
- the closure, prohibition or regulation of any industry, operation or
- the stoppage or regulation of supply of electricity, water or any other service
On receipt of the application the board may depute any of its officers to verify the particulars submitted.
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