CPCB

Querist : Anonymous (Querist) 16 October 2010 This query is : Resolved
Dear Sirs,

Central Pollution Control Board has given us order for closure of one of our unit. Charging that the effluents are drained to the river and the effluent treatment plant is not working properly.
Please advise the action plan whether Art. 482 can be invoked?

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R.Ramachandran (Expert) 16 October 2010
Section 482 of the Cr.PC has no application to the case in question. In terms of Section 28 of the THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974, Any person aggrieved by an order made by the State Board under Section 25, section 26 or section 27 has to prefer an appeal, within thirty days from the date on which the order is communicated to him, before the authority constituted by the State Government for this purpose.

Querist : Anonymous (Querist) 16 October 2010
Is there any provision Under Article 482 empowering High Courts with its inherent power to set aside/ quashing off the notice / oder passed by the Central Pollution Control Board, New Delhi.

B K Raghavendra Rao (Expert) 16 October 2010
Section 482 of Criminal Procedure Code is applicable only in case of criminal acts or offences or charges but not to a civil cause of action like closure of an industrial unit for not complying with a statute.

G. ARAVINTHAN (Expert) 17 October 2010
Prefer appeal

Kirti Kar Tripathi (Expert) 17 October 2010
since remedy of appeal is available to you under the law. any action against the said provision is barred.

Querist : Anonymous (Querist) 18 October 2010
Which is the Appellate auhority for CPCB

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