Approval From Chairman Of State Pollution Control Board Must For Initiating Criminal Action Against Defaulters Under Air Act: Karnataka High Court
2 years, 6 months ago

Approval From Chairman Of State Pollution Control Board Must For Initiating Criminal Action Against Defaulters Under Air Act: Karnataka High Court

Live Law  

The Karnataka High Court has directed the Chairman of State's Pollution Control Board to hold necessary workshops to educate and train its officers as regards initiation of criminal proceedings under Air and Water Act. Thus, I am of the considered opinion that the approval of the Chairman is not an administrative decision but is a condition precedent and/or limitation imposed by the Board on the delegatee exercising power under Section 15 of the AIR Act." It added, "Section 43 of AIR Act requires that no Court shall take cognizance of any offence except on a complaint filed by the Board or any officer authorised in that behalf." It then held, "I am of the considered opinion that in the situation as it stands in terms of resolution dated 13.02.2007, the DEOs and AEOs of regional office could initiate criminal proceedings against the defaulter subject to obtaining prior approval from the Chairman on a case to case basis.

Board Court Criminal Air Criminal Proceedings State Kar Approval Chairman Deo  criminal  pollution  proceedings  air  resolution  board  defaulters  control  initiating  karnataka  court  approval  state  chairman  deo  order  high

History of this topic

Karnataka High Court notice to government on plea against appointing MLA as chairperson of KSPCB
2 weeks, 1 day ago

Karnataka High Court notice to government on plea against appointing MLA as chairperson of KSPCB

The Hindu  

The High Court of Karnataka has ordered issue of notice to the State government on a PIL petition questioning the legality of appointment of Congress MLA P.M. Narendraswamy as chairperson of the Karnataka State Pollution Control Board. The petitioner pointed out that appointment of a politician as head of an expert body like KSPCB is contrary to the Section 4 …

Lokayukta, UpaLokayukta Are Merely Recommendatory Bodies, Can't Direct For Enquiry To Be Entrusted To Them: Karnataka High Court
11 months, 2 weeks ago

Lokayukta, UpaLokayukta Are Merely Recommendatory Bodies, Can't Direct For Enquiry To Be Entrusted To Them: Karnataka High Court

Live Law  

The Karnataka High Court has held that the State Government possesses the power to entrust the handling of a disciplinary enquiry in respect of an employee of the Karnataka State Pollution Control Board to the Lokayukta or Upa-Lokayukta under Rule 14-A of the CCA Rule. It was said “Rule 14-A of the CCA Rules provides for entrusting the enquiry in …

No powers with Lokayukta to insist on taking over probes: Karnataka HC
11 months, 2 weeks ago

No powers with Lokayukta to insist on taking over probes: Karnataka HC

New Indian Express  

BENGALURU: The Karnataka High Court has said that the Karnataka Lokayukta has the power to recommend to the state government to conduct a departmental enquiry against a delinquent official under Section 12 of the Karnataka Lokayukta Act, but it does not have powers to recommend that the inquiry should be entrusted only to it. The government, under Rule 14-A of …

Parliament proceedings | Rajya Sabha passes Water (Prevention and Control of Pollution) Amendment Bill 2024
1 year, 1 month ago

Parliament proceedings | Rajya Sabha passes Water (Prevention and Control of Pollution) Amendment Bill 2024

The Hindu  

The Rajya Sabha on Tuesday passed a Bill which seeks to decriminalise minor offences related to water pollution, enable the Centre to prescribe service conditions of chairpersons of State Pollution Control Boards, and exempt certain categories of industrial plants from statutory restrictions. Piloting the Water Amendment Bill 2024, Union Environment Minister Bhupender Yadav said that development and environment protection must …

NGT directs KSPCB to prevent river water pollution around Mangaluru, sets timeline
2 years, 3 months ago

NGT directs KSPCB to prevent river water pollution around Mangaluru, sets timeline

The Hindu  

Principal bench of the National Green Tribunal in New Delhi has directed Karnataka State Pollution Control Board and the State Government to frame an action plan for remedial action to prevent environment pollution through sewage and solid waste entering the natural water system in and around Mangaluru within a month. 307/2022 taken up suo motu following a report published by …

[Undue Influence At Elections] Mere Endorsement On Police Requisition Not Sufficient To Prosecute Karnataka Law Minister JC Madhuswamy: High Court
2 years, 5 months ago

[Undue Influence At Elections] Mere Endorsement On Police Requisition Not Sufficient To Prosecute Karnataka Law Minister JC Madhuswamy: High Court

Live Law  

The Karnataka High Court has held that for initiating proceedings for non-cognizable offences under Sections 171-F and 171-C of IPC, the Magistrate must grant permission after due application of mind. Holding thus, single judge bench of Justice S Sunil Dutt Yadav set aside the proceedings initiated against State's Law Minister JC Madhuswamy and restored the matter to the stage of …

Grant Of Ex Post Facto Environmental Clearance Permissible In Exceptional Circumstances : Surpeme Court
2 years, 5 months ago

Grant Of Ex Post Facto Environmental Clearance Permissible In Exceptional Circumstances : Surpeme Court

Live Law  

The Supreme Court reiterated that the grant of ex post facto environmental clearance in exceptional cases is not impermissible.Ex post facto clearances and/or approvals cannot be declined with pedantic rigidity, regardless of the consequences of stopping the operations, the bench of Justices Indira Banerjee and JK Maheshwari observed.In this case, the National Green Tribunal Act 2010 had. Ex post facto …

Karnataka Mining: Supreme Court To Appoint Former Judge Justice Sudarshan Reddy As Oversight Authority
2 years, 10 months ago

Karnataka Mining: Supreme Court To Appoint Former Judge Justice Sudarshan Reddy As Oversight Authority

Live Law  

Supreme Court on Thursday decided to appoint former Supreme Court Judge Justice B. Sudarshan Reddy as the oversight authority for implementation of the Comprehensive Environmental Plan for Mining Impact Zone with regard to mining operations in the State of Karnataka.The plan is for eco-restoration, socio economic development and railway backbone infrastructure for the mining impact. Supreme Court on Thursday decided …

Supreme Court Dismisses Former Karnataka Pollution Control Board Chairman's Plea Against Govt Accepting His 'Resignation'
3 years, 6 months ago

Supreme Court Dismisses Former Karnataka Pollution Control Board Chairman's Plea Against Govt Accepting His 'Resignation'

Live Law  

The Supreme Court on Tuesday refused to interfere in Karnataka High Court's order upholding the validity of State Government's order accepting resignation of Dr Sudheendra Rao for the post of Chairman of Karnataka State Pollution Control Board. A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Bopanna was hearing a special leave petition filed …

Karnataka High Court Expresses Displeasure At The Functioning Of State Pollution Control Board; Asks State If It Will Inquire
4 years, 3 months ago

Karnataka High Court Expresses Displeasure At The Functioning Of State Pollution Control Board; Asks State If It Will Inquire

Live Law  

The Karnataka High Court has directed the State government to make a statement on December 7, on whether it is willing to direct an inquiry to be conducted in the hands of a senior civil servant into the manner in which the Karnataka State Pollution Control Board is functioning. A division bench of Chief Justice Abhay Oka and Justice S …

"Be A Model Of Compliance With The Environmental Norms": NGT Asks Railways To take Remedial Measures Against Pollution [Read Order]
5 years, 9 months ago

"Be A Model Of Compliance With The Environmental Norms": NGT Asks Railways To take Remedial Measures Against Pollution [Read Order]

Live Law  

Considering the question for the remedial action against pollution at and around Railway Godown, Faizabad, Uttar Pradesh in the course of loading and unloading of cement, fertilizers and grains by trucks, polluting the air quality and causing respiratory problems, National Green Tribunal has directed the Railway Board in Shivansh Pandey v. State Of Uttar Pradesh to look into the matter,. …

Uttar Pradesh govt asks NCR districts to ensure EPCA orders on pollution are implemented; violators may face arrest, hefty fines
6 years, 2 months ago

Uttar Pradesh govt asks NCR districts to ensure EPCA orders on pollution are implemented; violators may face arrest, hefty fines

Firstpost  

The UP govt asked districts in western part of the state adjoining Delhi to strictly adhere to a three-day ban on industrial and construction activities imposed by EPCA Noida/Ghaziabad: The Uttar Pradesh government Monday asked districts in western part of the state adjoining Delhi to strictly adhere to a three-day ban on industrial and construction activities imposed by the Supreme …

Uttar Pradesh government asks NCR districts to ensure EPCA orders on pollution
6 years, 2 months ago

Uttar Pradesh government asks NCR districts to ensure EPCA orders on pollution

Live Mint  

Noida/Ghaziabad: The Uttar Pradesh government Monday asked districts in western part of the state adjoining Delhi to strictly adhere to a three-day ban on industrial and construction activities imposed by the Supreme Court-appointed Environment Pollution Control Authority. As the national capital’s air quality remained in the ‘severe’ category for the third consecutive day Monday, the EPCA ordered that industries in …

NGT issues Guidelines on Appointments in State Pollution Control Boards [Read Judgment]
8 years, 6 months ago

NGT issues Guidelines on Appointments in State Pollution Control Boards [Read Judgment]

Live Law  

After hearing a plea challenging the constitution of the Uttarakhand State Pollution Control Board, a five-member bench of the National Green Tribunal on Saturday issued guidelines in respect of eligibility for appointment of Chairman, Member Secretary and members of State Pollution Control Boards.The bench comprising NGT Chairperson Justice Swatanter Kumar, Justice M. Sasidharan. After hearing a plea challenging the constitution …

Pollution unchecked
20 years, 5 months ago

Pollution unchecked

The Hindu  

A Supreme Court-appointed committee comes down heavily on the Kerala State Pollution Control Board for its failure to stop industries from polluting crucial river systems such as the Periyar. A three-member team of the Supreme Court's Monitoring Committee on Hazardous Wastes and Hazardous Chemicals that visited the State recently found "to its shock" that Kerala had no treatment, storage and …

Discover Related