Air (Prevention and Control of Pollution) Act, 1981
43. Cognizance of Offences.
(1) No Court shall take cognizance of any offence under this Act except on a complaint made by -
(a) a Board or any officer authorized in this behalf by it; 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 Board or officer authorized as aforesaid.
and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
(2) Were a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person :
Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.