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Citizen Suit and Access to Environmental Information
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I. Citizen Suit Provisions under the Water Act 1974 and the Air Act 1981 Section 49 of the Water (Prevention and Control of Pollution) Act, 1974 , meticulously outlines the conditions under which a court can formally acknowledge and initiate proceedings for offenses committed under this Act. The legislation stipulates that no court shall take cognizance of any such offense unless a formal complaint is lodged by either a Pollution Control Board or an officer duly authorized by the Board in this regard. Alternatively, any individual who possesses credible information about an alleged offense can also initiate legal action, but only after adhering to a specific procedural requirement. This involves providing a written notice, not less than sixty days in advance, to the relevant Pollution Control Board or its authorized officer, detailing the particulars of the alleged offense and clearly stating the individual’s intention to file a complaint. This 60-day notice period, while intende...