Air (Prevention and Control of Pollution) Act,1981
22. PERSONS CARRYING ON INDUSTRY, ETC., NOT TO ALLOW EMISSION OF AIR POLLUTANTS IN EXCESS OF THE STANDARDS LAID DOWN BY STATE BOARD.
No person 1[***]operating any industrial plant, in any air pollution control area shall discharge or cause or permit to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board under clause (9) of sub-section (1) of Section 17.
COMMENTS
When polluting plant to be removed
It has been held that manufacturing of medicines by installing a boiler in a residential area which causes emission of smoke is detrimental to the physical comfort and health of the public at large. In such a case removal of factory ordered by the SDM was valid; Krishna Gopal v. State of Uttar Pradesh, 1986 Cr LR 11 (MP).
Imposition of stringent conditions
The Supreme Court has held that since chlorine gas is dangerous to the life and health of the general public after any leakage from a storage tank, cylinder or any other point during its production, the health and welfare of the workers and public at large living in surrounding areas may be put to risk. Accordingly the Foods & Fertilizer Industries were imposed stringent conditions to carry on such production so that such an eventuality may be prevented; M.C. Mehta v. Union of India , AIR 1987 SC 965.
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1.The words “carrying on any industry specified in the Schedule or” omitted by Act 47 of 1987, sec. 10 (w.e.f. 1-4-1988).
Air (Prevention and Control of Pollution) Act, 1981
