The Supreme Court on Monday (August 4, 2025) gave Pollution Control Boards more teeth by declaring their power to impose and collect restitutionary damages to completely restore polluted air and waterbodies back to their original, pristine selves in an ecosystem.
“We direct 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 and Air Acts,” Justice P.S. Narasimha, who authored the judgment, held.
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The judgment came on an appeal filed by the Delhi Pollution Control Committee against a Delhi High Court decision that it was not empowered to levy compensatory damages in exercise of powers 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.
The Bench, also comprising Justice Manoj Misra, further directed that the power to impose or collect restitutionary or compensatory damages or the requirement to furnish bank guarantees as an ex-ante measure under the Water and Air Acts should be enforced only after issuing the necessary subordinate legislation in the form of rules and regulations under both statutes. The rules must incorporate the basic principles of natural justice.
