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LLB 3 years Sem 2 Environmental Laws 2021-22 Question Paper with Solutions

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Mumbai University Solved Question Papers

Environmental Laws

Previous Year Question Paper with Solution

LLB 3 years · Sem 2

2021-22 Examination

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Mumbai

First published on munotes.in on 17 October 2026.

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The questions below are the paper as the University of Mumbai set it at the 2021-22 examination, in the order it was set.

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The Paper as Set

The questions in this volume are the questions asked at the 2021-22 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.

30 questions answered

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Read the original question paper

SECTION I

Environmental Law Descriptive Questions

Regular 2021-2022

1.Mention three functions of the State Pollution Control Board for abating air pollution.

Answer

For full marks, cover: which body is the State Board under the Air Act (sections 4 and 5); the functions in section 17(1), clause by clause, especially inspection, control areas and emission standards; laboratories under section 17(2); the powers that go with the functions; directions binding the Board under section 18; a case (Taj Trapezium); and a conclusion.

Which Board

The Air (Prevention and Control of Pollution) Act 1981 does not always create a new State Board. Under section 4, a State Board under the Water Act 1974 is deemed to be the State Board under the Air Act. This applies where the Water Act is in force. Where there is no such Board, section 5 applies. The State Government must then constitute a separate State Board for the Prevention and Control of Air Pollution. At least two of its members must have experience in air quality.

Functions under section 17(1)

The State Board is the operative authority under the Act. Its functions are these.

(a) Programme. To plan a comprehensive programme for preventing, controlling or abating air pollution in the State, and to secure its execution.
(b) Advice. To advise the State Government on any matter concerning air pollution.
(c) Information. To collect and spread information about air pollution.
(d) Training and awareness. To work with the Central Board on training and to organise mass education programmes.
(e) Inspection of plants. To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process. It may give orders to the persons in charge to prevent or control pollution.
(f) Inspection of control areas. To inspect air pollution control areas, assess air quality there, and take steps to prevent pollution.
(g) Emission standards. To lay down, in consultation with the Central Board, standards for emissions from industrial plants and automobiles. Other sources are also covered, except ships and aircraft. Different standards may be set for different plants.

(h) Location. To advise the State Government on the suitability of premises or locations for industries likely to pollute the air.
(i), (j) Other functions. To perform any other functions prescribed or entrusted to it.

Under section 17(2), the Board may establish or recognise laboratories.

Powers that support the functions

To carry out these functions, the Board grants or refuses consent to operate plants under section 21. It may enter and inspect premises under section 24 and call for information under section 25. It takes samples under section 26 and issues directions, including closure, under section 31A. It may also apply to a Magistrate under section 22A to restrain apprehended excess emissions.

Control over the Board

Under section 18, the State Board is bound by written directions of the Central Board or the State Government. If the Board defaults and a grave emergency follows, the Central Government may step in. It may order the Central Board to perform the Board's functions in an area for a period.

Illustration

Facts. In M.C. Mehta v. Union of India (the Taj Trapezium case), AIR 1997 SC 734, decided on 30 December 1996, sulphur dioxide from industries around Agra was corroding the Taj Mahal.

Held. The Court ordered 292 industries to switch to natural gas or relocate.

Why it matters. The case shows the scale of the task the State Board's functions under section 17 are meant to address.

Conclusion. The State Board plans and executes the State's air programme and inspects plants and control areas. It sets emission standards and advises on location, backed by its powers of consent, inspection, sampling and direction.

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