Water Act, 1974 and Air Act, 1981

Why in News?

The Supreme Court of India has empowered Pollution Control Boards to impose and collect restitution and compensatory damages to restore polluted air and water bodies, significantly strengthening environmental regulation under the Water Act, 1974 and Air Act, 1981.

Relevance : Pre & Mains

Prelims :  Pollution Control Boards/ Water/ Air Act

Mains  : GS1 (Geography)/GS 3 (Environment)

Background:

• The case originated from an appeal filed by the Delhi Pollution Control Committee (DPCC) against a Delhi High Court
• The High Court had held that the DPCC did not have the power to levy compensatory damages under Section 33A of the Water Act and Section 31A of the Air Act.
• The Supreme Court overturned this decision.

Key Judgment Highlights:

• Pollution Control Boards are authorized to:
  • Impose and collect fixed monetary penalties.
  • Demand bank guarantees as precautionary measures.

These powers must be exercised:

• Under Sections 33A (Water Act) and 31A (Air Act).
• Only after rules and regulations are framed through subordinate legislation.
• In adherence to the principles of natural justice.

Polluter Pays Principle:

• Justice P.S. Narasimha, who authored the judgment, emphasized:
  • Polluting industries must bear the cost of restoring the environment.
  • Restoration must bring the ecosystem as close as possible to its original state.

Powers and Responsibilities of Pollution Control Boards:

• Boards have wide statutory authority to:
  • Prevent, control, and abate pollution.
  • Order closure or regulation of industries.
  • Direct stoppage of electricity, water, or other essential services.
• The judgment recognizes that Boards have “enormous responsibilities” to protect the environment.

Way Forward:

• Governments must frame detailed rules under the Water and Air Acts to operationalize these powers.
• Such rules must ensure:
  • Due process
  • Fairness
  • Transparency

About Pollution Control Boards in India:

Pollution Control Boards (PCBs) are statutory bodies established under environmental laws to monitor, prevent, and control pollution in India. They function at both central and state levels.

Types of Pollution Control Boards:

Central Pollution Control Board (CPCB):

• Established under: Water (Prevention and Control of Pollution) Act, 1974
• Also entrusted with powers under the Air (Prevention and Control of Pollution) Act, 1981
• Works under: Ministry of Environment, Forest and Climate Change (MoEFCC), Government of India

State Pollution Control Boards (SPCBs):

• Established by individual state governments under the same Acts.

In Union Territories, the Pollution Control Committees (PCCs) function similarly