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1 - 10 of 13 (0.60 seconds)The Water (Prevention And Control Of Pollution) Act, 1974
The Punjab Municipal Corporation Act, 1976
Section 3 in The Prevention of Money-Laundering Act, 2002 [Entire Act]
Section 268 in The Indian Penal Code, 1860 [Entire Act]
Section 271 in The Indian Penal Code, 1860 [Entire Act]
Section 33A in The Water (Prevention And Control Of Pollution) Act, 1974 [Entire Act]
Section 133 in The Code of Criminal Procedure, 1973 [Entire Act]
The Wild Life (Protection) Act, 1972
Paryavaran Suraksha Samiti & Anr vs Union Of India & Ors on 22 February, 2017
13. There can be no dispute about need for restoring and maintaining
the lake to its pristine position. No untreated sewage can be allowed to
be discharged. The statutory mandate of Water (Prevention and Control
of Pollution) Act, 1974, principles of 'Sustainable Development', 'Public
Trust' doctrine as well as other statutory provisions applicable, including
the Municipal Corporation Act and the Rules need to be complied.
MCGM has to exercise its statutory powers to prevent discharge of
sewage. The Wetland Authority under the Wetland Rules, 2017 has to
ensure compliance of statutory plan for demarcation of prohibited and
regulatory areas around the lake. Reference in this regard may also be
made to judgements of the Hon'ble Supreme Court in Paryavaran
Suraksha v UOI, (2017) 5 SCC 326 and M.K. Balakrishnan vs. UOI,
(2017) 7 SCC 805. The Wildlife Department is required to take action in
terms of the WPA. The State PCB and the CPCB have to take action as
regulators to prevent and remedy environmental norms. Apart from
specific statutory provisions of Water, Air, WPA, EP Acts and Rules,
powers under Section 133 of the Cr.P.C, sections 268 to 271 IPC and
Section 3 of the PMLA Act, 2002 read with the Schedule to the Act can
also be invoked wherever necessary. There is thus no inadequacy of
powers available with the statutory regulators.
Conclusion and Directions