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    Environmental Law Seminar

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    Gautami Rajendra Kamat
    Section 33 of the Water Act of 1974 allows courts to issue restraining orders to prevent anticipated water pollution upon application by regulatory boards. Courts are divided on the scope of this power. Some courts have held boards can seek restraint for apprehended pollution, while others disagree. The section also allows courts to direct boards or polluters to remove effluents. It has faced constitutional challenges under rights to trade but been upheld. The Act could be strengthened by empowering courts and boards to take direct action in some pollution cases without needing prior judicial intervention.

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    Environmental Law Seminar

    Uploaded by

    Gautami Rajendra Kamat
    25 views10 pages
    Section 33 of the Water Act of 1974 allows courts to issue restraining orders to prevent anticipated water pollution upon application by regulatory boards. Courts are divided on the scope of this power. Some courts have held boards can seek restraint for apprehended pollution, while others disagree. The section also allows courts to direct boards or polluters to remove effluents. It has faced constitutional challenges under rights to trade but been upheld. The Act could be strengthened by empowering courts and boards to take direct action in some pollution cases without needing prior judicial intervention.

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    Section 33 of the Water Act of 1974 allows courts to issue restraining orders to prevent anticipated water pollution upon application by regulatory boards. Courts are divided on the scope of this power. Some courts have held boards can seek restraint for apprehended pollution, while others disagree. The section also allows courts to direct boards or polluters to remove effluents. It has faced constitutional challenges under rights to trade but been upheld. The Act could be strengthened by empowering courts and boards to take direct action in some pollution cases without needing prior judicial intervention.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    25 views10 pages

    Environmental Law Seminar

    Uploaded by

    Gautami Rajendra Kamat
    Section 33 of the Water Act of 1974 allows courts to issue restraining orders to prevent anticipated water pollution upon application by regulatory boards. Courts are divided on the scope of this power. Some courts have held boards can seek restraint for apprehended pollution, while others disagree. The section also allows courts to direct boards or polluters to remove effluents. It has faced constitutional challenges under rights to trade but been upheld. The Act could be strengthened by empowering courts and boards to take direct action in some pollution cases without needing prior judicial intervention.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    ROLE OF JUDICIARY UNDER THE WATER ACT, 1974

    INTRODUCTION

    - Reason behind the enactment of Water (Prevention and Control of Pollution) Act, 1974.

    - Importance of Water Resources : Scarcity of freshwater, need for conservation.

    - Objective of the Water Act, 1974 : prevention and control of water pollution, restoration of

    wholesomeness of water.
    FRAMEWORK OF THE WATER ACT

    - Main feature of the Act : Consent Administration, control of pollution through a permit.

    - Aspects of regulating water resources covered by the Water Act :


     To prevent and control of water pollution.
     Maintain wholesomeness of water
     Establish State Boards and empower them
     Provide Penalty for flouting provisions
     Establish State Water Testing Laboratories

    - The Act has 64 Sections compiled under 8 Chapters.


    SCOPE OF JUDICIAL RELIEF UNDER THE WATER ACT, 1974

    - SECTION 33 OF THE WATER ACT, 1974


    SCOPE OF JUDICIAL RELIEF UNDER THE WATER ACT, 1974

    SCOPE OF SECTION 33 OF THE WATER ACT, 1974


    - Judicial opinion is divided.

    CASE : Pondicherry Papers Ltd. v. Central Board For Prevention And Control Of Water Pollution
    [Cri. M. P. No. 4662 and 4663 of 1978]

    CASE : Delhi Bottling Co. Pvt. Ltd. v. Central Board For The Prevention And Control Of Water
    Pollution [AIR 1986 DEL 152]
    SCOPE OF JUDICIAL RELIEF UNDER THE WATER ACT, 1974

    CONSTITUTIONAL CHALLENGES TO SECTION 33 RESTRAINING ORDERS


    - Article 19(1)(g) of the Constitution of India : Freedom of Trade and Occupation.

    CASE : Aggrawal Textile Industries v. State of Rajasthan [S.B.C Writ Petition No. 1375/80]

    SECTION 33 OF THE WATER ACT AND SECTION 133 OF THE CODE OF CRIMINAL
    PROCEDURE

    CASE : Harihar Poly-fibres v. The Sub- Divisional Magistrate [1997 (1) ALT (Cr.) 946]]
    PENALTY FOR VIOLATION OF DIRECTIONS ISSUED UNDER SECTION 33

    - Section 41 Clause 2 of the Water Act, 1974


    CONCLUSION

    - Water Act regulates water pollution through a system of ‘Command and Control’
    - Section 33(1) : Empowers Board to make an application to a Court for restraining a person who is
    likely to cause apprehended pollution.
    - Section 33(2) : Court may make an order that it deems fit.
    - Section 33 (3) : Court may direct the person to remove the effluents. May order the Board to remove
    and dispose such effluents.
    - Act should enable a magistrate at least of first class to initiate Suo Moto action.
    - Act should also empower Water Pollution Control Board to take appropriate action in certain cases
    without having to seek judicial intervention.
    REFERENCES

    BOOKS :
    1. Environmental Law and Policy of India ; Shyam Diwan, Armin Rosencranz ; 2 nd Ed ; (176-189)
    2. Environmental Law ; Dr. S.C. Tripathi ; 3rd Ed ; (106-108)
    3. Handbook on Environmental Law: Water Laws, Air Laws and the Environment ; Sanjay Upadhyay,
    Videh Upadhyay ; Volume 2 ; (23-24 , 75-91)
    4. Environment Protection and the Law ; Dr. Padma ; 2nd Ed ; (76 -82)

    ONLINE RESOURCES :
    5. Role of Judiciary in Environmental Protection by Priyal Bohra
    Link : www.nluassam.ac.in/docs/lex%20terra/Lex%20Terra%20Issue%2032_5.pdf
    THANK YOU!

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