Legal Question in Environmental Law in India

Dust Pollution From School

I own a house built on a site allotted by the city developent authority. The land on the opposite side of the road was enmarked as ''Civic Amenities'' land, and was given to a developer who constructed a school on this land. The school has been functioning for the past 2 years and a vacant portion of the land that was not allotted to the school is being used by the school as a playfield.

This field has been surfaced and levelled using stone dust and sand that had accumilated during the construction of the school. This dust rises up when the ground is used by the students of the school and is deposited over and inside the houses that are located opposite the school. This is compounded by the fact that the field is 5ft above the road. The school construction has also resulted in the clogging up of a storm water drain and this leads to silt laden water entering the houses. The use of this area by the school has caused considereble degradation in air quality and has resulted in reduced quality of life for the residents of the houses. The school has been requested to resurface the ground with mud or plant trees around the ground to prevent dust pollution. Can the school be stopped from using the field or forced to act. Please advice.


Asked on 6/13/06, 6:21 am

2 Answers from Attorneys
Vivek Mapara Mapara Law Firm

Re: Dust Pollution From School

Sir,

IF u only want to prevent pollution, then u can surely file objection wiht ur develpment authority, or municipal authority, and if they dotn respond, u can file suit or also writ in high court.

But if u want to stop the use of open ground from being used as play ground, then entire case papers and develpment scheme papers are required to be perused. When development authority allots any land for specific use, then it has to be used only for that specific purpose, so when land is alloted for civil amenities then school is not included as civil amenity.

SO u may kindly specify your requirement

For any further detials,u may contact us personally

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Answered on 6/13/06, 2:29 pm
Ankur Mittal MITAL & MITAL Advocates

Re: Dust Pollution From School

Yes, the school can be stopped.

If the school belongs to state, filea writ or else file an injunction suit.

contact for further details.

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Answered on 6/13/06, 6:52 am


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