The Kolhapur municipal body is allowing a factory to dump toxic waste near my home. How do I enforce my right to a clean environment?
RE Asked by Reshma Pillai from India
Quick Answer
Article 21 of the Constitution includes the right to a clean and healthy environment, as held in Subhash Kumar (1991) and the right against pollution affecting health.
Detailed Legal Analysis
Article 21 of the Constitution includes the right to a clean and healthy environment, as held in Subhash Kumar (1991) and the right against pollution affecting health. File a complaint with the State Pollution Control Board in Maharashtra and the Central Pollution Control Board.
Issue a legal notice to the factory and the Kolhapur municipal body. File a PIL before Bombay High Court under Article 226 seeking closure or regulation of the factory and compensation for affected residents.
The polluter pays principle, recognised in Indian Council for Enviro-Legal Action (1996), applies. Preserve waste samples, photographs, and medical records as evidence.
Refer to Maharashtra Rent Control Act 1999 for state pollution control and municipal law in Maharashtra.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.