Supreme Court Empowers Pollution Control Boards

The Supreme Court of India has strengthened the powers of Pollution Control Boards, allowing them to impose and collect restitutionary damages to restore air and water bodies to their pristine conditions.

Key Judgement Highlights

• The court validated the authority of Pollution Control Boards to impose restitutionary and compensatory damages under Sections 33A and 31A of the Water and Air Acts.
• The ruling insists on the development of necessary rules and regulations before enforcing these powers.
• Subordinate legislation must incorporate the principles of natural justice.

Principle of Polluter Pays

• Industries responsible for pollution must bear the costs of ecosystem restoration.
• Restitutionary damages differ from punitive damages; they focus on repairing environmental harm rather than punishing the offender.

Expansive Powers of Pollution Control Boards

• Boards have broad mandates under the Water Act and Air Act to prevent, control, and abate pollution.
• They are empowered to close, prohibit, or regulate industries and services contributing to pollution.

Constitutional and Remedial Jurisprudence

It emphasized the need for remedial measures to evolve alongside expanding rights and regulatory challenges. The judgment advocates for deeper remedies, aligning with the expansive interpretation of fundamental rights.