Scribd
Upload
172 views8 pages

3.bhoj Raj Aair Vs Ministry of Population and Environment

1) The petitioner argued that the Ministry of Population and Environment had failed to determine criteria for noise, heat, radiation and waste disposal from industrial sources as required by law. 2) The Ministry acknowledged delays in determining pollution criteria for air, water and noise and committed to completing this work within the upcoming fiscal year. 3) The court ruled that determining pollution criteria is essential for protecting public health and the environment. It issued a writ of mandamus ordering the Ministry to determine pollution criteria as outlined in the relevant laws by obtaining advice from experts and stakeholders.

Uploaded by

Bidhya Subedi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
172 views8 pages

3.bhoj Raj Aair Vs Ministry of Population and Environment

1) The petitioner argued that the Ministry of Population and Environment had failed to determine criteria for noise, heat, radiation and waste disposal from industrial sources as required by law. 2) The Ministry acknowledged delays in determining pollution criteria for air, water and noise and committed to completing this work within the upcoming fiscal year. 3) The court ruled that determining pollution criteria is essential for protecting public health and the environment. It issued a writ of mandamus ordering the Ministry to determine pollution criteria as outlined in the relevant laws by obtaining advice from experts and stakeholders.

Uploaded by

Bidhya Subedi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 8

Bhoj Raj Aair Vs.

Ministry of
Population and Environment,HMG
Case No.3
Writ No.4193
Decision Date :2058/10/26/6
Joint Bench
Honorable Judge:Kedar Nath Upaddhyaya
Honorable Judge:Hari Prasad Sharma
Case :Mandamus
Presented by:Hemanta Budhathoki
Roll No.25/A,B.A.LL.B. 4th Year, NLC Ktm.
Fact of the case:
• Petitioner advocate Bhoj Raj Aair mention in his writ
petition that criteria of noise, heat , ray of radioactive
substance and wastes dispose from mechanical
instrument,
• Industrial foundation and other places have to
determine by defendant according to section
7,subsection 1 of Environment protection act 2053 and
rule 15 of environment protection regulation 2054.
• petition demand mandamus and other necessary order
to determine criteria according to art.88(2) of
constitution of kingdom of Nepal 2047.
Contd……
• Vehicle pollution Criteria for means of
transportation Except Tractor, Dozer, Damper,
Crain roller and Skyvetor imported in Nepal
published Notice 1 of ministry of Population and
Environment in Nepal Gazette, fraction 49,prinious
additional No.38 on 2056 Paush 8.
• A committee of representatives of governmental
and non governmental sector formed to provide
advice about the means of transportation by using
gas in the convener ship of Ministry of population
and environment.
Contd……….
• The supreme court of Nepal demand reply that
there is possibility or not to determine criteria of
pollution and implement it on 2057/2/20 with
ministry of population and environment.
• Ministry of Population and environment mention
in it’s reply that ministry not able to determine
criteria of pollution within six month.
• Supreme court reorder ministry of population to
mention date line of determination of criteria of
pollution and submit councealing of concealer on
2057/05/09.
Contd……….
• Concealing letter provided by Ministry of
population to the supreme court on 2058/05/o1.
• Ministry of population and Environment mention in
Concealing letter that ministry was planning to
determine criteria of air , water and noise with in
fiscal year 2058/059.
• Ministry of Population also submit report prepared
on the basis of concealing of concealers .
Decision of Court
• Environmental protection and pollution control is
related with fundamental human right of general
people so that state have responsibility to
appropriate management of it.
• By means of written reply HMG show own
sincerity .
• Practical Legal frame work cannot made for healthy
environment without determination of criteria of
pollution.so that ,there should not any laches to
determine criteria.
Contd……..
• According to discussion of specialist it is concluded
that there is necessary to improve in draft of
ministry of population and environment directly.
• Order of mandamus is issued in the name of
defendant ministry of population and environment
to determine criteria of pollution for prevention and
control of pollution according to environmental
protection act,2053 and rule 15 of environmental
protection regulation 2054 by the advise and help of
concern foundation , governmental and non
governmental institution etc.
THANK YOU FOR YOUR PATIENCE HEARING!

You might also like