PSDA II: Environmental Law

Submitted by: Karan Raj Ahir (BaLLB, 3rd year, 02216503818)

Submitted to: Dr. M Sakthivel (Professor, USLLS, GGSIPU.)

Answer: The Industry named ‘X’ is suspected of malicious

activities that are causing pollution, due to which the people in
the nearby area are facing health issues. The State pollution
control board took a test at 7:30 pm which was forcefully
resisted by the industry, with the reasoning that tests may be
carried out at reasonable hours only.
In the section 23 of the Water (Prevention and Control of
Pollution) Act, 1974 it is stated that:
“23. Power of entry and inspection. — (1) Subject to the
provisions of this section, any person empowered by a State
Board in this behalf shall have a right at any time to enter, with
such assistance as he considers necessary, any place—
………….. (c) for the purpose of examining any plant, record,
register, document or any other material object or for conducting
a search of any place in which he has reason to believe that an
offence under this Act or the rules made thereunder has been or
is being or is about to be committed and for seizing any such
plant, record, register, document or other material object, if he
has reason to believe that it may furnish evidence of the
commission of an offence punishable under this Act or the rules
made thereunder……..”
The action of the State Pollution Control Authorities in the given
case is justified and derives authority from the provisions of the
Water (Prevention and Control of Pollution) Act, 1974. The
team can carry out tests at any point of time under the suspicion
that “…an offence under this Act or the rules made thereunder
has been or is being or is about to be committed…” As
mentioned in the facts provided, as a result of the improper
functioning of the industry, people living in nearby areas have
been subjected to many illnesses since a long time. This led to
the people approaching the State Pollution Control Board and
registering a complaint regarding this serious issue.
The only exception being in the cases of inspection of a well,
exists a prescribed time limit that too when such well is situated
in any premises used for residential purposes and the water
thereof is used exclusively for domestic purposes. “Section 23:
…………….Provided that the right to enter under this sub-
section for the inspection of a well shall be exercised only at
reasonable hours in a case where such well is situated in any
premises used for residential purposes and the water thereof is
used exclusively for domestic purposes.”
Thus actions of State pollution control board and the team
assigned is completely justified and also have statutory backing.
The contentions raised by the industry are unjustified as per the
relevant sections of the Water(Prevention and Control of
Pollution) Act, 1974.