Section 19 EPA 1986 restricts COGNIZANCE of offences. A court can only take cognizance of an offence on a complaint made by:
Answer & Solution
Correct answer: A.
1. Section 19 EPA 1986: 'No court shall take cognizance of any offence under this Act except on a complaint made by — (a) the Central Government or any authority or officer authorised in this behalf by that Government; or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.'
2. Clause (b) enables CITIZEN ENFORCEMENT after 60-day notice (similar to Citizen Suits in US environmental law).
3. The 60-day notice provides opportunity for the polluter to remediate / authorities to act.
4. Hence option B is correct.
_Source: EPA 1986 / Constitution of India / Stockholm/Rio/Paris / Indian SC environmental jurisprudence — Environment (Protection) Act 1986, Section 19_
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