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Section 5 – The Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986

 

 

5. POWER TO GIVE DIRECTIONS.

 

Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

 

EXPLANATION : For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct –

 

(a) the closure, prohibition or regulation of any industry, operation or process; or

 

(b) stoppage or regulation of the supply of electricity or water or any other service.

 

COMMENTS

 

Prohibition to establish industry

 

Where total prohibition against establishment of industries in an area is in force, the State Government cannot grant exemption to a specified industry located within or attempting to locate itself within such area. Neither can the State direct the State Pollution Control Board to prescribe conditions for grant of No Objection Certificate; A.P. Pollution Control Board v. Prof. M.V. Nayudu, (2001) 2 SCC 62.

 

Void lease of land

 

(i) The grant of lease of land belonging to forest area to be used for setting up beneficiation plant which involve dust and water pollution and consequent destruction of adjoining forest and subsequently affecting the environment and ecology of the area and right to life, was declared void; Goa Foundation v. State of Goa, AIR 2001 Bom 318.

 

(ii) If the Central Government has issued certain directions and notified certain industries as hazardous and stone crushers have not been included then the Board would not be forbidden from exercising its power under provisions of Air Act or Water Act; Bihar State Pollution Control Board v. Hiranand Stone Works, AIR 2005 Pat 62.

 

 

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The Environment (Protection) Act, 1986

 

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