Water Act | Pollution Control Board Has Authority To Impose Environmental Compensation: Allahabad High Court Reiterates
The Allahabad High Court has reiterated that Pollution Control Board has the authority and jurisdiction to impose environmental compensation, in this case under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974.
The bench of Justice Rajan Roy and Justice Manjive Shukla relied on Indian Council for Enviro Legal Action etc. vs. Union of India and others etc. where the Supreme Court had held that under Section 5 read with Section 3 of the Environmental Protection Act, 1986 the Central Government had the power to impose cost for remedial measures.
Further reliance was placed on Delhi Pollution Control Committee vs. Lodhi Property Company Ltd. Etc. where the Apex Court held that,
“The powers of the Boards under Sections 33A and 31A of the Water and Air Acts are identical to that of Section 5 of the Environment Protection Act. Under Section 5, the Central Government or its delegate has the power to issue directions to the polluting industry to pay certain amounts and utilise the said fund for carrying out remedial measures. The Boards are empowered to take similar actions under Sections 33A and 31A of the Acts.”
Petitioner's industrial unit was ordered to be closed and environmental compensation of Rs.14,20,000/- was imposed on it in 2021. Subsequently, another order dated 25.03.2022 was passed in continuation of the earlier order. Thereafter, the orders were cancelled subject to certain conditions, one of which was that the remaining environmental compensation amounting to Rs.13,20,000/- would be paid by the petitioner within two months, failing which the closure order will again revive.
The petitioner paid Rs. 1,00,000/- towards environmental compensation and challenged all the aforesaid orders before the High Court on grounds that the U.P. Pollution Control Board does not have the power to impose environmental compensation under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974.
In Delhi Pollution Control Committee vs. Lodhi Property Company Ltd. Etc. the Apex Court also held that the Pollution Control Boards under Sections 33A of the Water Act, 1974 and 31A of the Air Act, 1981 as the Central Government under Section 5 of the Environmental Protection Act, 1986 have similar powers. Therefore, all boards have the power to impose environment compensation.
Further, holding that the petitioner had a remedy of appeal under Section 16 of the National green Tribunals Act, the Court declined to interfere in writ jurisdiction.
Accordingly, the writ petition was dismissed.
Case Title: M/S Ramesh Dyeing And Washing, Ghaziabad Thru Proprietor Ramesh Chand Versus State Of U.P. Thru Prin.Secy. Forest, Environment And Climate Change Deptt. Lko And Ors.