Monday, 15 March 2021

Section 22A of Air (Prevention and Control of Pollution) Act - Power of Board to make application to Court for restraining persons from causing air pollution

 Section 22A Air Act Description

(1) Where it is apprehended by a Board that emision of any air pollutant, in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of section 17, is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area,the Board may make an application to a Court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class for restraining such person from emitting such air pollutant.

(2) On receipt of the application under sub-section (1), the Court may make such order as it deems fit.

(3) Where under sub-section (2), the Court makes an order restraining any person from discharging or causing or permitting to be discharged the emission of any air pollutant, it may, in that order,

(a) direct such person to desist from taking such action as is likely to cause emission;

(b) authorise the Board, if the direction under clause (a) is not complied with by the person to whom such direction is issued, to implement the direction in such manner as may be specified by the Court.

(4) All expenses incurred by the Board in implementing the directions of the Court under clause (b) of sub-section (3)shall be recoverable from the person concerned as arrears of land revenue or of public demand.]

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