Environmental law

(Situational problems)
Q1) a person passing through a sanctuary along a public highway
enters into a sanctuary with weapons and some explosive chemical
soon, he leaves a fire burning in the sanctuary in a manner to
endanger it.
i. Give the purpose for which the wildlife wardern can grant the
permit to enter or recite in an sanctuary.
Answer: Investigation
study of wildlife
scientific research
tourism
ii. What are the restrictions under the wildlife protection act for
causing fire, entry with weapons or explosive, substances in a
sanctuary?
Answer: causing of fire is totally prohibited and there is prohibition of
entry into the sanctuary with weapon except eith previous permission
in writing by chief wildlife warden when on news of explosive,
substances in the sanctuary.

Q2) during Navratri festival shri satya group was playing loud
music on a public road and a arrange dandiya dance during
Navratri until 3 am?
Objection were taken by the nearby residence.
i. What are the remedies available to nearby residence.
Answer: they can complain to the police and also they can complain to
the magistrate court under section 133 and 144 of CRPC for the order
for removal of public nuisance.
ii. Does the Environmental Protection Act 1986 have any provisions
to curb noise pollution?
Answer : yes

Q3) it is the sacred duty of all those who reside or carryout business
along the river to close the tanneries, if they have failed to take
immediate steps required for the primary treatment of industrial
effluents.
i. State the case in question referred to
Answer: Ratlam municipal coporation Vs Vardhichand

ii. Give the brief facts of case?

In the Ratlam Municipality vs. Vardhichand case, residents complained
of inadequate drainage and stench due to nearby slums and an alcohol
plant. The Sub Divisional Magistrate instructed the Municipality to
address these issues. The Municipality claimed insufficient funds, but
the Supreme Court upheld the directive, ordering immediate action to
improve sanitation, including separate facilities for men and women.
Non-compliance would be considered contempt of court. The
Municipality was advised to seek financial assistance from the State
Government if needed.

Q4) Chemical industry was emitting hazardous gases from its

chimney since long. No action was initiated against the industry for
breaking the law?
i. Explain the powers of the board to give directions for restraining
pollution of AIR under section 31 A of the AIR act?
Answer: under section 31 A, the board may in exercise of its powers
and the performance of its functions under the AIR act issue any
direction in writing to officer or authority who shall be bound to comply
with such direction.
ii. Explain the powers of the board to make an application to a court?
Answer: under section 22 A of the AIR act, where it is apprehended by
the court that the emission of any AIR pollution in excess of the
standards laid down by the state board is likely to cause pollution, the
board will make an application to the court inferior to that of
metropolitan magistrate or judicial magistrate of first class from
restraining such person from emitting such air pollution.

Q5) Rupesh was accused of killing an elephant was undergoing

trial in the court with reference to wildlife protection act?
i. Can any person hunt any wild animal? Explain?
Answer: no, any person cannot hunt any wild animal without any prior
permission of chief wildlife under wildlife act only the hunting of
animal which have become dangerous to human life or become so
disable or disease has become beyond recovery and is found by CWLW
that such animal cannot be captured or tranquilised, be permitted in
writing by the CWLW and then only any person cannot hunt such
animal.

ii. When is killing and wounding any wild animal not an officer?
Then such person claim the body of wild animal?
Answer: it is not an offence under sub section 2 of the section 11 to kill
or wound in good faith any wild animal in defence of oneself or of any
other person under sub section 3 of section 2. The body of such animal
shall be the government property and cannot be claimed by the person
who killed it.
Q6) a state board officer enters into industry inorder to carry out
inspection?
i. Does the state board have a power to enter into industry?
Answer: yes, under section 23 of the water pollution act 1974,any
person empower by a state board shall have right to enter any place of
industry at all reasonable time with such assistance as he considers as
he considers necessary.
ii. Before entering into the industry what actions has to taken by the
officer.
Answer: under section 23 (1) (c) of the water pollution act 1974, the
right to enter into the premises must be exercised act reasonable hours
and the inspecting officers can ask the person taking the sample to sign
on the sample containers.

Q7) in a residential area one Mr X has opened chilly pounding

business near by residence were disturbed by continuous sound of
chilly pounding?
i. What offence Mr X has committed?
Ans: x has committed offence of public nuisance under section 268 of
IPC.

ii. What are the remedies available to residence of said offenc?

Answer: the residence can complain to magistrate court under sec 133
and 144 of CRPC for the order for renewal of the public nuisance and
complaint can also be made state pollution control board for noise
pollution and complaint to police can also be made
Soltau v De Held
Q8) Ashish complained to central government against hazardous
industry polluting the environmental.
i. Under the environmental protection act 1988 how can the
industry justify handling?
Answer: on the ground that the industry has complied with procedure
for handling and complied with procedural safeguard for handling the
hazardous substances.

ii. What directions can be given to such hazardous industry

Answer: the cental government made in the exercise to the power and
performance of its functions under the act issued directions under
writing the officer to the authority to comply with such directions.