SC allows pollution boards to impose fines against polluters for environmental harm

A bench of Justices P.S. Narasimha and Manoj Misra has given this decision, stating that PCBs under the Water and Air Acts will have the right to demand monetary compensation or bank guarantees to prevent environmental damage. However, they clarified that such action is to be taken when actual harm occurs or when there is a serious risk of harm.

The case was related to notices issued by the Delhi Pollution Control Committee (DPCC) to commercial and residential buildings, including Lodhi Property Co. Ltd, that were operating without obtaining environmental clearance. However, the DPCC had demanded payment and bank guarantees before giving the green signal for them to operate.

Now, pollution boards will have similar powers as the central government under the Environment Protection Act. They have the right to order polluting units to pay and use the same amount to make their unit pollution-free.