Closure of national highway
Praveen Singh
(Querist) 15 October 2011
This query is : Resolved
Any case law against closure of national highway by polluted-sewage water or suggestion of any remedy
ajay sethi
(Expert) 15 October 2011
what rae the facts of your case?
Praveen Singh
(Querist) 15 October 2011
NH 112 in Rajasthan is closed due to polluted water released from industries in Jodhpur without any approved water disposal system. Some villages around NH are also inundated because of continued flow of water
ajay sethi
(Expert) 15 October 2011
you cna lodge complaint against polluting industries with the pollution control board of your state .
the board can direct closure of concerned industries .
ajay sethi
(Expert) 15 October 2011
SC tells Tirupur’s dyeing industry to pay for polluting
TNN Oct 8, 2009, 08.28am ISTNEW DELHI: Supreme Court has come down hard on industries polluting water bodies, applying the `polluters pay' principle against 150-odd dyeing units in Tirupur's garment export which had been discharging their waste in Noyyal river.
In an order that may be cited by green activists, the court asked the dyeing units at Karur and Tirupur, which cater to the huge forex earning garment export industry in Tamil Nadu, to pay for cleaning the River Noyyal and other water bodies massively polluted by discharge from their factories.
prabhakar singh
(Expert) 16 October 2011
You stand adequately and aptly guided by Mr.Sethi.
Raj Kumar Makkad
(Expert) 16 October 2011
In the judgment titled Rahul Sah v. State of Bihar and another, AIR 1983 SC 1086, wherein the Apex Court observed that in appropriate cases, the Court discharging constitutional duties can pass orders of payment of money in the nature of compensation consequent upon
deprivation of a fundamental rights to life and liberty of a petitioner as State must repair the damage done by its officers to the petitioner’s right.
In another decision in Smt. Kalawati and others v. State of Himachal Pradesh and another., AIR 1989 H.P. 5 and also in the case of Kumari Seema alias Seema v. Himachal Pradesh State Electricity Board and others, AIR 1994 H.P. 139, wherein the aforesaid High Court ruled that the writ court can grant relief to the petitioners claiming damages for the injuries arising out of the accident occurred due to the negligence of the State authorities like the Electricity Board.
So writ can be filed in such case and compensation from State can be demanded for its failure in performing its duty to upkeep roads safe for its citizens.
