Air Pollution

Definition of Air Pollution

As defined in the Section 2 of the Air (Prevention and Control of Pollution) Act, 1981, “Air pollution” means the presence in the atmosphere of any air pollutants.

"air pollutant" means any solid, liquid or gaseous substance 2 [(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment;

For further understanding of the Air (Prevention and Control of Pollution) Act, 1981, click on the URL below

The Air (Prevention & Control of Pollution) Act, 1981


 

In India, enforcement of the provisions of Air (Prevention and Control of Pollution) Act, 1981 has been one of the weakest links in the efforts of controlling air pollution. Technological innovations, initiatives and online monitoring itself may not result in effective prevention and control of air pollution, unless it is backed by a strong citizen and CSO driven movement.  

LIFE, a national level advocacy organisation is engaged in implementation of this Act through the means of legal and scientific research. As part of its initiative LIFE is engaged in tracking and analysing the policy level development, decision of Supreme Court, National Green Tribunal and various High Courts to bring the substantial progress on the issue of air pollution in public domain. Being an advocacy group, LIFE is regularly analysing the performance of various State level Expert Appraisal Committee (SEAC) and State Environmental Impact Assessment Authority (SEIAA) to assess the extent of importance given to air pollution mitigation while appraising any project/activity. Informing citizen and building their capacity to support effective implementation of the Air Act is something that LIFE looks into and to ensure the same, it is engaged in organising capacity building workshops, preparation of issue based policy papers and dissemination of these issues through suitable platforms. 

National Green Tribunal Act, 2010 & Compliance of Air (Prevention & Control of Pollution) Act, 1981

Chapter III of the National Green Tribunal Act, 2010 talks about Jurisdiction, Powers and Proceedings of the Tribunal.

Section 14 (I) allows the Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I.

Section 15 (I) says, The Tribunal may, by an order, provide :

  1. relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule I (including accident occurring while handling any hazardous substance)
  2. for restitution of the property damaged
  3. for restitution of the environment for such area or areas,
  4. as the Tribunal may think fit.

Read the National Green Tribunal Act, 2010 in detail.

 

NGT & Court Orders

Analysis of SEIAA/SEAC (Zone wise representation) 

Coming soon

Air Law and Policy Reporter

Notification Alert 06.02.2017

Volume I- December 2016

Volume II- May 2017

Vardhaman Kaushik v/s UoI

Vikrant Tongad v/s UoI