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Environmental Pollution Case Study

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and Control of Pollution) Act,1981. But this observation of the courts also has been criticized.
The Kerala High Court in P.C. Cherian v. State of Kerala explained the nature and scope of Section 133. In this case two rubber industries, situated in industrial area, were using carbon black for carbon mixing process. The excess carbon black usually disseminated into the atmosphere. There was no necessary equipment to prevent such dissemination of carbon black which caused discomfort, injury and nuisance to the people of the nearby area and ‘even prevented them from attending to their advocation as there were six hundred Christian families in the area. When they used to come to attend the church prayers, their clothes soiled as a result of atmospheric pollution. Under these circumstances, the Sub-Divisional Magistrate, Kottayam under Section 133 directed the stoppage of mixing of carbon in both the factories. The petitioner claimed that there was no ground to invoke Section 133 by the Magistrate as the licence was issued under the Panchayat Act and Factories Act, 1948 on satisfying the conditions which included absence
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Due to technological advancement and implementation of modern machineries in the industries the working class are bound to operate these sophisticated mechanical devices or handling hazardous industrial activities and thus they are invariably exposed to the risks involved in accidents or in cases of occupational diseases, invalidating them temporarily or permanently and also involved in fatal accident for no fault on their part. The object of the Act cannot better be explained than what was stated by the Royal Commission, which observed as

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