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Regulatory functions under Enviornment Protection Act

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Powers Conferred on Deputy Commissioner under Environment (Protection) Act 1986

The Central Ground Water Authority in exercise of powers conferred U/s. 5 of the Environment (Protection) Act, 1986 issued the following direction to the Deputy Commissioner(North EAst)

"To ensure that no person/organisation/agency (Govt or Non-Govt) shall undertake the operation of drilling, construction, installation of any new structure and any scheme/project of ground water development and management in South district of NCT of Delhi without prior specific approval of the Authority. In case any drilling activity takes place in the area without prior specific approval of the authority, you shall ensure of tubewell if so constructed and also disconnect of electricity supply to the energised tubewell".

WHEREAS any violation of the direction issued above attracts the penal action under the provision of section 15 of the Environment (Protection) Act, 1986.

Powers Conferred on Sub Divisional Magistrates under Environment (Protection) Act 1986


The Department of Environment, Government of NCT of Delhi has issued directions regarding operation of Generator Sets in Delhi. The following guidelines were issued :

1. That Generator sets above the capacity of 5 KVA shall not be operated in residential areas between the hours of 10.00 PM to 6.00 AM;

2. That the generator sets above the capacity 5 KVA in all areas residential/commercial/industrial shall operate only with the mandatory acoustic enclosures and other standard prescribed in the Environment(Protection) Rules, 1986;

3. That 'mobile' generator sets used in social gatherings and public functions shall be permitted only if they have installed acoustic enclosures and adhere to the prescribed standards for noise and emission as laid down in the Environment (Protection) rules, 1986.

The contravention of the above directions shall make the offender liable for prosecution U/s. 15 of the Environment(Protection) Act, 1986, which stipulates punishment of imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for everyday during which such failure or contravention continues after the conviction for the first such failure or contravention and if still the failure or contravention continues beyond a period of one year after the date of contravention, the offender shall be punishable with imprisonment for a term which may extend to seven years.

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Last Updated : 11 Sep,2015