Last week, Livelaw carried Part I of the interview with Gopal Krishna, environmental activist and scholar on his inspirations, and ongoing concerns. In Part II, he answers specific questions concerning his activism, and interactions with the Central Government, with regard to his campaigns against asbestos and ship-breaking industries. Q: After five years of struggle, Bihar Pollution Control Board has cancelled permission to all the seven asbestos plants including the ones in Bhojpur. Please tell us about the salient aspects of this struggle, and how you succeeded in your campaign in Bihar. A: The struggle in Bihar is part of the national and global struggle against trade, manufacture and use of killer fibres of asbestos. Initially, when they bought the land they did not disclose that it was for asbestos-based factories. After more than five years of villagers’ struggle, the West Bengal- based Balmukund company in Chainpur-Bishunpur, Marwan block in Muzaffarpur … [Read more...] about Activist Gopal Krishna exposes India’s doublespeak in environment protection
West bengal pollution control board
In a bid to take affirmative action over unabated pollution of river Ganga, the Uttarakhand High Court issued a set of mandatory directives to be carried out by Central and state authorities. Among others, the high court directed a special audit to be done by the Comptroller and Auditor General (CAG) of all Centrally-financed schemes to check alleged misuse of funds.Lalit Miglani, an advocate in the high court, had filed a PIL highlighting the pollution of river Ganga and alleged negligence of the authorities in discharge of their statutory duties.Disposing off the petition, a division bench of Justice Rajiv Sharma and Justice Alok Singh passed an exhaustive list of time-bound directives but also held that ‘the court, though, cannot direct the Legislature to frame the laws, but since, there is an emergency to protect the river Ganga from extinction, the court can, at least, make a suggestion to the Union of India to make national law to protect river Ganga.’The court … [Read more...] about Cleaning Ganga: Uttarakhand HC Issues Directives To Authorities; Calls For CAG Audit Of Schemes
Supreme Court & other High Courts need to inquire about carcinogenic asbestos laden buildings in their premises The Division Bench of Calcutta High Court has passed an order which can set the process of making West Bengal free of asbestos based products. The order seeks removal of carcinogenic-asbestos that has been used for roofing in the Court’s buildings. This order underlines the serious unprecedented environmental and occupational health crisis with regard to the unnoticed epidemic of asbestos related diseases in West Bengal in particular and in the country in general.In Writ Petition (Civil). No. 14729 (W) of 2016, the Bench of Acting Chief Justice Nishita Mhatre and Justice Tapabrata Chakraborty passed the verdict observing, “The High Court main building is undergoing repairs with the assistance of the Public Works Department (PWD) of the Government of West Bengal and other Authorities. When the entire renovation is undertaken, it is expected that the High … [Read more...] about Calcutta High Court’s Order Paves Way For Asbestos Free West Bengal & India
Tamil Nadu’s Nibhi asbestos company’s case against Bihar State Pollution Control Board (BSPCB), Bihar Industrial Area Development Authority (BIADA) and Bihar Government is listed for order before Justice Shivaji Pandey’s bench of Patna High Court after cancellation of permission of the carcinogenic asbestos based hazardous factory by Pollution Control Board. The matter is listed for order on August 17, 2017. The asbestos company has filed the case against State of Bihar, Department of Industries, Govt. of Bihar and Bihar Industries Development Authority (BIADA). The petition and the counter affidavit are attached. In its counter affidavit, Pollution Control Board has submitted that the factory has undermined the status of Bihar as an air pollution control area under Section 19 of Air (Prevention & Control of Pollution) Act, 1981. The factory has also violated Section 21 of the Act which forbids establishment and operations of such factory without the … [Read more...] about Asbestos Company’s Case Against Govt All Set To Be Dismissed By Patna High Court
Courts subordinate to the High Court have no inherent power under Sec. 482 Cr.P.C. or otherwise (See AIR 1977 SC 2432 – Mithabhai Pashabhai Patel v. State of Gujarat – (2009) 6 SCC 332).A Magistrate has no inherent power to restore a complaint dismissed for default. As soon as the complaint is dismissed the Magistrate becomes functous officio and has no longer any power to rehear the complaint. A power to restore a complaint dismissed for default by the Magistrate is available only to the High Court. (Bindeshwari Prasad Singh v. Kali Singh – AIR 1977 SC 2432 & Major General A.S. Gauraya v. S.N. Thakur – AIR 1986 SC … [Read more...] about Inherent powers of the High Court – Sec. 482 Cr.P.C.
Having evolved rapidly, in India environment law is a relatively new and challenging field. The term “Environmental law” is wide encompassing the entire gamut of statutes, treaties, conventions, regulations and policies aimed at protecting the ecology as well as preventing the degradation of natural resources. In the recent past, environmental law has become a devise for promoting “sustainable development”. Policy concepts such as the polluter pays principle, precautionary principle, public participation, environmental justice, et al have influenced several of India’s environmental law reforms, past and present. Additionally, environmental law has begun to be perceived as an integral and critical tool of environmental management, and rightly so. With damage to environment proving to be a major threat worldwide, scope of environmental law in promoting “development without destruction” is immense. As a natural corollary, today there is a demand … [Read more...] about Go Green: Charting a Career in Environmental Law