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azadsinghmarothia (professional )     04 March 2020

can police take cognizance and lodge FIR under environment protection act 1986 and the rule made under this in 2000 regarding noise

can police take cognizance and lodge FIR under environment protection act 1986 and the rule made under this in 2000 regarding noise


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 1 Replies

Nirali Nayak   24 June 2021

Hello sir, greetings of the day.
As per your query, yes the police can take cognizance only when the complaint is filed by the Central Government. Following are the relevant case laws.
The Hon’ble High Court of Bombay in Pratap Lal Teli Vs. The State of Maharashtra & Ors held that cognizance of such offence can only be taken as per the rules that are mentioned under Section 19 of the Environmental Protection Act. Section 19 of The Environmental Protection Act states that the complaint must be filed by the Central Government or any authority or officer who is authorized on behalf of the Central Government. Another way to take cognizance is by filing a complaint by a person who has provided notice of not less than 60 days to the Central Government or the authority or the officer authorized on behalf of the Central Government. As such an eligibility criteria has been prescribed by a statute, it would therefore constrict the operation of Section 190 of the Code of Criminal Procedure which empowers the Magistrate to take cognizance of any offence upon receiving a complaint of facts which constitutes such an offence.
In M.Ebenezar vs The Inspector Of Police on 22 October, 2018 The Madras High Court observed that the offence under Section 15 of the Environmental Protection Act is concerned, Section 19 of the said Act specifically provides that only the State or Central Government has alone competent to lodge a complaint for violation of the provisions under Section 15 of the said Act. 
Hope this answers your question.
Regards
Nirali Nayak
Law Student


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