Legal Question in Environmental Law in India

Re: Smoke Pollution

1. Burning of leaves is banned in Delhi by executive orders. This may be so in other municipalities also. If not, the logic can be interpolated from other municipal rules. It can be backed up by environmental rules / regulations / guidelines.

2. Once the above study has been done, notice should be given to the offenders. It should preferably be prepared by a lawyer.

3. If no satisfactory response, a suit can be filed in lower court for easement rights, or a writ can be filed in the High Court.

4. Before all this, try to settle the issue by involving the local welfare committee / elders or even the local police, especially if you are a senior citizen or if it involves senior citizens. It is better to have recourse to law as a last resort.

M C Gupta

MD, LL.M.

Advocate

Re: Smoke Pollution

It may be a temporary problem and if possible you should tolerate it for good neighbourly relations.

if you are unable to withstand the nuisance, you may approach the local police; their action may amount to violative of Air Act and the EPA.