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Mangu Ram and Ors. Vs State of Jammu & Kashmir and Ors.

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
Nov 16, 2009
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court of Jammu and Kashmir
Sede de la corte
Jammu
Juez
Sunil Hali
Idioma
Inglés
Materia
Aire y atmósfera, Energía
Palabra clave
Calidad del aire/contaminación del aire Contaminación acústica Contaminación del aire (fuentes fijas) Normas sobre ruido Conservación de energía/producción de energía Ruido de vehículos Emisiones acústicas Ruido de las aeronaves
Resumen
Carbon, resin and turpentine industries set up by respondents release gaseous and solid waste creating air, water and noise pollution in the locality. Residents of locality have filed petition seeking the industrial units be directed to be closed down. The Respondents have not set up these units in accordance with the control measures necessary to be complied with before setting up such an industrial unit so that the hazardous substances are not emitted from these units beyond the prescribed standards.The respondents have taken a plea that the industrial units set up by them are in the industrial area but the petitioners have raised their residential houses over the agricultural land without any permission which land is adjacent to the industrial estate. In this regard, the concerned Deputy Commissioner has to look into the matter and enquire as to whether the residential houses have been constructed over the agricultural land without permission or not and whether these residential houses existed on spot prior to the installation of the industrial units are thereafter. After enquiry, necessary action in accordance with the law has to be taken by him. But even otherwise, the private respondents who have installed their units, though, in the industrial area and have been registered with the concerned District Industries, they cannot escape their liability to set up these units in accordance with the requirement and other requisite conditions which are necessary to be complied with before setting up such an industrial unit so that the hazardous substances are not emitted from these units beyond the prescribed standards. The court directs the Deputy Commissioner, Udhampur, to hold an enquiry into the matter, to see as to whether all the respondent industrial units are in functional, whether petitioners had proper permission to build houses in an industrial area, etc. It is the duty of said authorities to increase the public’s awareness about the safety measures which should be adopted for protecting our environment and the lead must be taken by the different authorities in the Central and State departments.
Texto completo
COU-156031.pdf
Página web
www.indiankanoon.org