Industry & Economy
-
Pollution
States
-
Tamil Nadu
Civil courts told not to take up pollution cases
Our Legal Correspondent
Advertisement
|
|
Chennai
Jan. 23
The Madras High Court has directed the civil courts in Tamil Nadu to refrain from entertaining suits against the Pollution Control Board and other authorities dealing with Water Act, Air Act and Environment Act to save the people from the hazards as unduly long time was taken by the civil courts to dispose of such suits.
Recalling a decision of a Division Bench of this Court in ILR (1997) 2 Madras 1274, wherein a direction was issued to the civil courts not to entertain suits under these enactments, Mr Justice K. Chandru expressed surprise as to how the trial court (Principal District Munsif, Erode) could entertain a suit pertaining to alleged pollution by a food processing unit producing masala powder in Erode, and grant an interim injunction against the industrial unit.
Setting aside order dated January 25, 2006, of the trial court, and allowing civil revision petition by Aditya Masala, the judge held that the suit itself was not maintainable before the trial court as the petitioner had valid consent order and the matter was covered by the Air & Water Pollution Act.
According to Mr M. Selvaraj, respondent, the firm was not entitled to run the unit, as it was causing air and noise pollution in the residential area. The petitioner contended that he had obtained the requisite consent order from the State Pollution Control Board as also permission from the town panchayat.
The Division Bench had in its order said that the very purpose of these enactments would be defeated, if the civil courts were empowered to litigate these matters which would take years to come to a logical end.
More Stories on :
Pollution |
Courts/Legal Issues |
Tamil Nadu
Article
E-Mail
::
Comment
::
Syndication
::
Printer Friendly Page
|
