Empowerment of Pollution Control Boards

The Supreme Court has empowered pollution control boards to seek compensation for environmental damage and demand bank guarantees to prevent future harm. This significant decision overturns a previous Delhi High Court ruling that limited the boards' abilities under specific sections of the Water and Air Acts.

Key Highlights of the Supreme Court Ruling

• Restitution and Compensation: The pollution control boards can impose restitutionary or compensatory damages or require bank guarantees in cases of environmental damage.
• Interpretation of Sections 33A and 31A: The ruling broadens the interpretation of these sections under the Water and Air Acts, allowing boards to levy damages without court intervention.
• Polluter Pays Principle: The boards' powers must align with this principle, initiating action only when environmental harm is determined.
• Application of Natural Justice: Actions taken must follow procedural laws ensuring natural justice, transparency, and certainty.

Implications and Duties

• Effective Functioning: Boards have a statutory mandate to protect public health and the environment, requiring them to act efficiently and effectively.
• Remedial Powers: The SC emphasized the boards' role in deciding appropriate penalties or measures for environmental restoration.
• Fundamental Duties: Emphasized the duty to protect and conserve air and water as crucial, particularly amidst climate change challenges.

Conclusion

The Supreme Court's decision reinforces the critical role of pollution control boards as environmental regulators with considerable powers to act against polluters, ensuring accountability and the restoration of damaged environments.