Mumbai University Solved Question Papers
Environmental Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 2
Nov 2011 Examination
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LLB 3 years Sem 2 Environmental Laws Nov 2011 Question Paper with Solutions
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First published on munotes.in on 17 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2011 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2011 examination, in the order it was set.
MarksPage
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2011 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
SECTION I
Answer the following, not more than two sentences
all 10 · 20 Marks
1.What does 'Bar of Jurisdiction' under Air Act mean?[2]
Answer
The provision. Section 46 of the Air (Prevention and Control of Pollution) Act, 1981 is headed "Bar of jurisdiction". It has two parts.
1. No civil suit. No civil court has jurisdiction to entertain a suit or proceeding on a matter which an Appellate Authority under the Act is empowered to decide.
2. No injunction. No court or other authority may grant an injunction against action taken, or to be taken, under a power conferred by the Act.
What it means.
- A person refused consent, or burdened with a harsh condition, cannot file a civil suit. He must use the statutory appeal under section 31. A further appeal lies to the National Green Tribunal.
- A polluter cannot get a civil court to stay a Board's closure order by injunction.
Why the bar exists.
- Pollution control needs quick, expert decisions, not long civil trials.
- The Act already gives its own remedies of appeal and, now, adjudication of penalties.
- Injunctions would let polluters continue while cases drag on.
What it does not bar.
- Writ jurisdiction under Articles 32 and 226. The Constitution cannot be ousted by statute.
- The National Green Tribunal's jurisdiction under the 2010 Act.
- A civil suit on a matter outside what the Appellate Authority can decide.
The Water Act parallel. Section 58 of the Water Act 1974 contains a similar bar.
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