Pollution Control Boards and Ambit of Their Statutory Powers

Pollution Control Boards and Ambit of Their Statutory Powers 

In DPCC v. Lodhi Property Co. Ltd [2025] GCtR 1388 (SC), scope of powers of Pollution Control Boards was explained. It was held that Pollution Control Boards can impose and collect as restitutionary and compensatory damages fixed sums of monies or require furnishing bank guarantees as an ex-ante measure towards potential environmental damage in exercise of powers under Sections 33A and 31A of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.

It was also held that the power to impose or collect restitutionary or compensatory damages or the requirement to furnish bank guarantees as an ex-ante measure under Sections 33A and 31A of the Water and Air Acts shall be enforced only after detailing the principle and procedure incorporating basic principles of natural justice in the subordinate legislation. 

S.33A of 1974 Act gives powers to Central Board or State Board to issue Directions ; such directions by Board are to be subject to directions of Central Government. Explanation to S.33A provides power to stop water/electricity supply.

S.31A of 1981 Act is similar to S.33A of 1974 Act.