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LLB 3 years Sem 2 Environmental Laws May 2017 Question Paper with Solutions

Mumbai University Solved Question Papers

Environmental Laws

Previous Year Question Paper with Solution

LLB 3 years · Sem 2

May 2017 Examination

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Mumbai

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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 May 2017 examination.

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The Paper as Set

The questions in this volume are the questions asked at the May 2017 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.

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SECTION I

Answer the following, not more than two sentences

all 10 · 20 Marks

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1.Who is an 'Occupier' as per the Air Act?[2]

Answer

Definition. Section 2(m) of the Air (Prevention and Control of Pollution) Act, 1981 defines "occupier" in two parts.

  1. For a factory or premises. The occupier is the person who has control over the affairs of the factory or premises.
  2. For a substance. The term includes the person in possession of the substance.

Source of the wording. The present clause was substituted by the 1987 Amendment, in force from 1 April 1988.

Control, not title. What matters is who actually runs the place. A company's managing director, a works manager or a tenant running a plant may each be the occupier. A landlord who has let out the premises usually is not.

Why possession of a substance matters. It reaches a person who stores or carries a fuel or chemical, though he runs no factory.

Duties of the occupier under the Act.

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  1. Section 25. He must give the State Board information about the plant, its emissions and control equipment, when asked.
  2. Section 26. When an officer takes a sample of emission, notice is served on the occupier or his agent. He may ask for the sample to be divided, and must sign the sealed container.
  3. Section 27. He receives a copy of the analysis report.
  4. Section 23. Where an excess emission occurs or is apprehended through an accident, the person in charge must inform the Board.

Same as the Water Act. The Water Act 1974 uses identical wording in its section 2(d).

In short. The occupier is the person in control, whom the Board deals with and holds to account.

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