Supreme Court Empowers Pollution Control Boards

On 5th August 2025, the Supreme Court ruled that State Pollution Control Boards can impose compensation for environmental damage already caused or demand bank guarantees to prevent potential future harm.

Key Points

Ruling Overview: A bench of Justices set aside a Delhi High Court Division Bench order that had restricted the powers of Pollution Control Boards under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981.
High Court’s View: The Delhi High Court had earlier held that compensatory damages could be levied only by courts after taking cognisance of offences under the Acts.
Supreme Court’s Interpretation: The SC clarified that Pollution Control Boards, in line with the Polluter Pays principle, can impose restitutionary or compensatory damages, or requires bank guarantees, when environmental damage has occurred or is imminent.
Limitation on Use: The SC specified that Boards cannot impose damages for every contravention; such action is permissible only when actual or imminent environmental harm is determined.
Procedural Safeguards: The Court directed that powers must be exercised as per subordinate legislation, ensuring natural justice, transparency, and certainty.
Constitutional Context: The Court linked these powers to citizens’ fundamental rights and the State’s duty to protect and improve the environment, highlighting the significance of conserving air and water under Article 51A amidst climate change challenges.