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Section 8 – The Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986

 

 

8. PERSONS HANDLING HAZARDOUS SUBSTANCES TO COMPLY WITH PROCEDURAL SAFEGUARDS.

 

No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.

 

COMMENTS

 

Absolute liability

 

It has been held that there is an absolute liability on the part of those who are engaged in construction work, particularly of multi-storeyed structures, not to commit nuisance by letting out effluent from their drainage system; Ajay Constructions v. Kakateeya Nagar Cooperative Housing Society Ltd., AIR 1991 AP 294.

 

Oleum gas leakage

 

Upon leakage of Oleum gas from Caustic Chlorine plant affecting several persons the Supreme Court allowed it to be restarted by the management subject to certain stringent conditions that were specified; M.C. Mehta v. Union of India, AIR 1987 SC 965.

 

Primary treatment plant

 

It has been held by the Supreme Court that a tannery which cannot set up a primary treatment plant cannot be permitted to continue to be in existence for the adverse effect on the public at large which is likely to ensure by the discharging of the trade effluents from the tannery to the river Ganga would be immense and it will outweigh any inconvenience that may be caused to the management and the labour employed by it on account of its closure; M.C. Mehta v. Union of India, AIR 1988 SC 1037.

 

When need of judicial remedy may not arise

 

It has been held that to ensure the attainment of the constitutional goal of the protection and improvement of the natural wealth and environment and of the safeguarding of the forests, lakes, rivers and wildlife and to protect the people inhabiting the vulnerable areas from the hazardous consequences of the arbitrary exercise of granting mining leases and of indiscriminate operation of the mines on the strength of such leases without property, the court will be left with effectively by issuing appropriate writs, orders and directions including the direction as to the closure of the mines the operation whereof is proving to be hazardous and the total prohibition of the grant or renewal of mining leases till the Government evolves a long-term plan based on a scientific study with a view to regulating the exploitation of the minerals in the State without detriments to the environment, ecology, the natural wealth and resources and the local population. However, the need for judicial intervention may not arise even in those cases where the court’s jurisdiction is invoked if the administration takes preventive remedial and curative measures meanwhile; Kinkri Devi v. State of Himachal Pradesh, AIR 1988 HP 4.

 

 

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The Environment (Protection) Act, 1986

 

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