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ARTICLE · 23 JANUARY 2020

Environmental Protection Act A Special Enactment, Takes Precedence Over CrPC

King, Stubb & Kasiva
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In Pratap Lal Teli Vs. The State of Maharashtra & Ors., the Hon'ble High Court of Bombay comprising of Justice Bharati Dangre dismissed the application filed by Pratap Lal Teli.

IndiaEnvironment
Anshu Singh
Anshu Singh
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In Pratap Lal Teli Vs. The State of Maharashtra & Ors.1, the Hon'ble High Court of Bombay comprising of Justice Bharati Dangre dismissed the application filed by Pratap Lal Teli (herein-after referred to as 'Appellant'). The application was filed for registering FIR against Kumar Mangalam Birla, D Bhattacharya & KK Maheshwari (herein-after referred to as 'Respondents') for violating the Environment Protection Act, 1986 ("Act"). The single-judge bench did not find any merit in the contention raised by the Applicant and held that provisions of the Act would override the provisions of the Code of Criminal Procedure, 1973 ("CrPc").

BACKGROUND

The Appellant alleged that the Respondents started illegal construction of commercial and IT building in the South Mumbai Worli Area without taking clearance from the State Environment Impact Assessment Authority (SEIAA) under the Environmental Impact Assessment (EIA) notification of 20062. Therefore, the Appellant filed a

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