Pollution Boards Can Seek Damages, Says Apex Court

IN A SIGNIFICANT decision aimed at empowering pollution control boards, the Supreme Court Monday held that they can seek compensation for restitution of damages already caused by polluting entities or demand bank guarantees to prevent any potential future environmental damage.

- EXPRESS NEWS SERVICE

A bench of Justices P S Narasimha and Manoj Misra set aside the Delhi HC Division Bench order which said the Boards are "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 on the ground." The HC held that such levy can be made only by courts, after taking cognisance of offences specified under the Acts.