Supreme Court Empowers Pollution Control Boards to Impose Environmental Damages
UPSC Relevance
Environment: Pollution, Environmental Laws, Polluter Pays Principle, Statutory Bodies.
Indian Polity and Governance: Judiciary, Statutory Bodies (Pollution Control Boards), Subordinate Legislation, Principles of Natural Justice.
Key Highlights from the News
Supreme Court's landmark judgment: Pollution Control Boards (PCBs) have the power to impose and collect compensation for environmental restoration.
The court upheld the extensive powers of the Boards under Section 33A of the Water Act, 1974, and Section 31A of the Air Act, 1981.
This judgment also authorizes PCBs to demand bank guarantees from industries as an ex-ante measure for potential future environmental damage.
The court directed that subordinate legislation incorporating the principles of natural justice must be formulated before exercising this power.
This judgment is based on the "polluter pays principle".
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