FACTS OF THE CASE: 1.There is a fire safety training school at our property,which is a partnership firm & it MANUFACTURES/REPAIRS/REFILLS fire extingishers & other fire safety products ILLEGALLY & SECRETLY & it doesnt have a Consent to Operate or Consent to Establish from State Pollution Control Board. 2.The Bureau Of Indian Standards has notified that fire extinguisher gases are dangerous.(web link-https://law.resource.org/pub/in/bis/S02/is.1446.2002.html).The RTI reply from various medical colleges have stated that exposure to the gases is toxic & that such a school that also refills should not be located in a populated locality. 3.The training school uses those gases for training in filling up fire extinguisher cylinders.I ve a video of that.It also has a clandesting refilling unit,which operates without license. 4.I ve the xerox copy of the receipt of a filling of a cylinder. 4.It was not registered with the erstwhile Service Tax Dept./Central Excise My queries are- 1.What are offences committed by the firm for last 20 years against me & under what laws/Sections of IPC are they punishable. 2.What are the offences committed by the firm for last 20 years against the various environmental laws & under what laws/Sections of IPC are they punishable. 3.Where should I file complaint-Court/Police or both & under what law/sections should I ask for punishment? 4.If the students & nearby locality are exposed to dangerous gases,under what law/sec of law is it punishable? 5.Which is the place to lodge complaint/case?
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file complaint with magistrate under section 133 cr pc for removal of public nuisance
2) mention that manufacturing , refilling fire extinguishers is heath hazard and exposure to gas is toxic
3) file complaint with state pollution control board and muncipal corporation
4) if no action is taken you can in alternative file writ petition in HC against failure of pollution control board/ municipal corporation for failure to take action against the institute
I had afvised you earlier tofilewrit petition.Unless you file writ petition your problemwould not be resolved so easily.
Forget the offence.
First remove them from this place for which filing writ petition making Municipality, pollution control board ,police department parties to the proceeding.
You can file a complaint in the national green tribunal as it is hazardious to environment.. Secondly , file a Complaint under section 285,269,270 ipc
Hello,
You have following remedies:
1. First write to the local authorities to take action and when they refuse to take and action immediately File a writ under article 226 saying that the said inaction is in violation of my fundamental rights and therefore strict action be taken now. This is an appropriate case for filing a writ and can be also filed in the nature of PIL.
2. You may file a complaint before the magistrate under section 133 cr.p.c. for creating public nuisance.
3. You can file a suit in the civil court seeking permanent injunction.
The last two remedies might take some time and first one is the most effective remedy.
Regards
You, being a victim of the pollution and health hazards due to this activity can make a complaint to the local civic body or the collector and if you feel that the authorities are not responding properly then you can lodge a criminal complaint with the local police stating that the activities are endangering your habitation and when the owners of the firm were asked to remove the business from the residential area you were threatened with dire consequences.
You can file a mandatory injunction suit also for the civil injuries if you are a neighbor to the said establishment.
FACTS-2.The Bureau Of Indian Standards has notified that fire extinguisher gases are dangerous.(web link-https://law.resource.org/pub/in/bis/S02/is.1446.2002.html).The RTI reply from various medical colleges have stated that exposure to the gases is toxic & that such a school that also refills should not be located in a populated locality. Qstn- In such a situation,where exposure to toxic gases is there,both to trainees/trainers & neighbours,during the process of manufacture/refilling of fire extinguisher cylinders,should then any establishment that engages in the procurement,storage & use of such dangerous gases,(as listed by the BIS as dangerous)not require a CONSENT to ESTABLISH/CONSENT TO OPERATE from theState Pollution Control Boards? If there is no CTE/CTO obtained,under what laws can the offence be tried & under what sections of IPC are they punishable?
it would require consent from state pollution board as fire extingusher gases are dangerous
2) in case it is located in populated locality it would be ordered to close its operations
3) it would be prosecuted for carrying on business without clearance from SPCB and penalty imposed
4) penalty would be imposed under section 15 of environment protection act of handling hazadorous substances without maintaining procedural safeguards
For your query you have a reply that you have to approach the concerned authorities with proper complaint mentioning all the details and you should get an acknowledgment for the complaint made in this regard.If the authorities are reluctant to take any action then you should approach high court with a writ petition against the authorities for a direction to get the reliefs.
For civil injuries you can approach a jurisdictional civil court with a damages suit.
I have told you earlier also best remedy is to file a writ petition and thereupon if the court will deem fit they will direct the State Government to lodge an FIR against the person who is carrying on such dangerous activities.
It seems that you have done ample amount of research, it is therefore advised that you please consult a good local lawyer and get the case filed.
Regards