Pollution Boards, Committees now empowered to impose Environmental Compensation

On August 4^th 2025 Supreme Court pronounced a landmark order saying that State Pollution Control Boards (PCBs) which includes Pollution Control Committees -PCCs in the Union Territories -UTs were empowered to impose environmental compensation on polluting entities as part of their statutory mandate under the Water Pollution Act 1974 and Air Pollution Act 1981.

The bench of Justice PS Narasimha and Justice Manoj Misra clarified that PCBs can demand restitutionary or compensatory damages through fixed monetary sums or bank guarantees as preventive measures against potential environmental harm. This is indeed a great order that empowers pollution control boards / committees across the country. Now aggrieved won’t necessarily have to file petitions in High Courts, National Green Tribunal-NGT against air or water pollution or even unscientific waste management. They can directly move applications to the PCBs and PCCs.

Background of the case 

The Delhi Pollution Control Committee (DPCC) had challenged a 2012 Delhi High Court ruling wherein the Delhi High Court had cancelled DPCC’s notices that asked for monetary guarantees and compensation from properties without valid environmental consents. The High Court in its order had said that courts had the powers to impose such penalties?  However, the Supreme Court set aside this decision and ruled that DPCC has the authority and power to demand environmental compensation as part of its regulatory powers to protect the environment.

The Supreme Court expanded the powers of PCBs, PCCs affirming their authority to impose and collect restitutionary and compensatory damages for restoring polluted air and water bodies. The Supreme Court judgment clarified that pollution control boards or committees can demand fixed sums of money or bank guarantees as ex-ante preventive measures under Sections 33A (Water Act, 1974) and 31A (Air Act, 1981). The Apex court however cautioned that such compensation cannot be levied for every statutory violation as this is applicable only when actual environmental damage has occurred or is imminent.

Meeting with Chairman JK PCC 

Recently this author along with some members of Jammu & Kashmir RTI Movement and J&K Climate Action Group -JKCAG met with Chairperson of Jammu & Kashmir Pollution Control Committee -JKPCC Mr Vasu Yadav- IFS, in Srinagar. We brought issues like riverbed mining & clay mining, sand mining in karewas into his notice. The unscientific waste management especially burying and burning of Municipal Solid Waste- MSW by Municipal Council Pulwama was also discussed in detail. We urged the Chairperson to impose environmental compensation against the erring ULBs and the contractor who was involved in illegal riverbed mining in Doodh Ganga using heavy machinery.  We handed over a memorandum to the Chairperson mentioning these violations in detail

Clay Mining & Air Pollution 

Illegal sand and clay mining is causing large scale environmental destruction especially air pollution, dust Pollution in Newa Pulwama, Brarigund, Kultreh, Brinjan, Nowhar, Buzgoo,Nagam, Tangnad, Pallar Budgam, Shinpora Khansahib and dozens of other places in Budgam and Pulwama districts. Even in the Pattan area of Baramulla, Bijbehera in Anantnag this illegal work is causing disaster.  JKPCC needs to act swiftly against the mafia and impose environmental compensation against the erring officials and people involved in this illegal trade. The Air Quality Index - AQI is very bad in Srinagar, Pulwama , Budgam especially in the areas where we have illegal brick kilns and clay mining is at its peak , but no strict actions were taken in the past. Now with this fresh Supreme Court judgement I don’t think, J&K Pollution Control Committee-JKPCC should shy away from imposing the penalties.  The Chairman J&K Pollution Control Committee- PCC Mr Vasu Yadav gave us a patient hearing and in fact agreed to visit the sites where large scale riverbed and clay mining has taken place.

The Chairman JKPCC informed us that he has already initiated the process of imposition of environmental compensation in Newa Pulwama waste dumping and burning case and  illegal riverbed mining in Doodh Ganga recently. In response to the Supreme Court’s Judgement  dated 22nd August 2025, titled  UT of J&K v/s Raja Muzaffar Bhat regarding illegal riverbed mining in Shali Ganga, Mr Yadav informed our delegation that in that case also J&K PCC has initiated imposition of environmental compensation. Pertinently the J&K Govt, NHAI & NKC Company had moved an appeal against NGTs judgement of Sept 2022 banning riverbed mining by NKC Projects Pvt Ltd which was involved in large scale illegal mining. The appeal was finally dismissed by the Supreme Court saying that environmental clearance was granted to NKC Company with any replenishment study.

Conclusion 

In its judgment empowering state pollution boards and committees, the Supreme Court highlighted that PCBs possess extensive regulatory powers under the Water and Air Pollution Acts, including authority to shut down industries, stop essential services, and issue remedial directions to prevent and control pollution. These powers come with enormous responsibilities to uphold environmental protection. I am sure J&K Pollution Control Committee will exercise these powers on the ground and start taking those private and Govt institutions to task who are involved in large scale environmental violations