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LLB 3 years Sem 2 Environmental Laws Nov 2023 - 75/25 Question Paper with Solutions

Mumbai University Solved Question Papers

Environmental Laws

Previous Year Question Paper with Solution

LLB 3 years · Sem 2

Nov 2023 - 75/25 Examination

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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 2023 - 75/25 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2023 - 75/25 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 2½ hours  ·  Total marks 75  ·  21 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 questions in one or two sentences

any 6 of 8 · 12 Marks

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1.Define "Occupier " as defined under the Environment Protection Act, 1986.[2]

Answer

Definition. Under section 2(f) of the Environment (Protection) Act, 1986, an "occupier" is defined in two ways.

  1. Of a factory or premises. A person who has control over the affairs of the factory or premises.
  2. Of a substance. It includes the person in possession of the substance.

Reading it.

  1. Control decides. The person who in fact runs the factory is its occupier, whether or not he owns it.
  2. "Includes" widens it. A person holding a hazardous substance is an occupier as to that substance. He need not run any factory.
  3. One of several. A company and its manager may both answer to the authorities in different ways.

Why the second limb fits this Act. The EPA regulates the handling of hazardous substances under section 8. Such substances are often stored or moved by people who run no factory. Making the person in possession an occupier brings them within the Act.

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Duties falling on the occupier.

  1. Section 10. Officers may enter premises for inspection. Everyone carrying on an industry or handling a hazardous substance there must assist them.
  2. Section 11. Before a sample is taken, notice of intention to have it analysed is served on the occupier or his agent.
  3. Rules. The hazardous waste and bio-medical waste rules place many duties on the occupier, such as obtaining authorisation.

Same words elsewhere. The Water Act and the Air Act define "occupier" in the same terms.

In short. The occupier is whoever controls the premises, or possesses the substance.

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