SC: Pollution boards can impose damages
New Delhi, Aug. 5 -- Pollution control boards are constitutionally empowered to impose and collect restitutionary or compensatory damages under the Water and Air Acts for actual or potential harm to the environment - not merely punitive penalties - the Supreme Court said in a landmark ruling that redefines the powers of environmental regulators.
Delivering a judgment with far-reaching implications for environmental governance, a bench led by justice PS Narasimha declared that such powers are not only legally valid under Sections 33A of the Water Act and 31A of the Air Act, but are also a "necessary concomitant of the fundamental rights of citizens who suffer environmental wrongs and the duties of a statutory regulator."
While setting aside ...
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