CHAPTER VI:

PREVENTION AND CONTROL OF WATER POLLUTION

6.1 INTRODUCTION:

Water is the most important element for human life. It is becoming an

increasingly scarce commodity worldwide. There are vast water-stressed areas where
people survive with little or no water. It is part of the right to life and human rights as
enshrined in Article 21 of the constitution of India. The Resolution of UNO in 1977 to
which India is a signatory, during the United Nation Water Conference resolved
unanimously, inter-alia, as under:

“All people, whatever their stage of development and their social and economic
conditions, have the right to have access to drinking water in quantum and of a
quality equal to their basic needs.”1

The United Nations also emphasized the importance of purity of water when it
proclaimed on 10th November, 1980 “International Drinking Water Supply and Sanitation
Decade,” India is also signatory to this Declaration. Thus, the right to access to drinking
water is fundamental to life and there is a duty on the state under Art. 21 to provide clean
water to its citizens.2

The Indian Parliament drew immense inspiration from the proclamation adopted
by the United Nations Conference on the Human Environment, which took place at
Stockholm, 1972 and enacted the Water (Prevention and Control of Pollution) Act, 1974.
Subsequently, the Government has enacted the Water (Prevention and Control of
Pollution) Rules, 1975. The Central Government has also enacted the Central Board for
the Prevention and Control of Water Pollution (Procedure for Transaction of Buisiness)
Rules, 1975; The Water (Prevention and Control of Pollution) Cess Act, 1977 and the
Water (Prevention and Control of Pollution) Cess Rules, 1978; The Environment

1
Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664 at 767. See also Hinch Lal Tiwari v.
Kamala Devi, (2002) 6 SCC 496.
2
See A.P Pollution Control Board (II) v. M.V. Nayudu. (2001) 2 SCC 62 at 69.

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(Protection) Act, 1986; The Public Insurance Liability Act, 1991 and the National
Environmental Tribunal Act, 1995.

6.2 THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT,

1974:

‘Water’ being a ‘state subject’, the Parliament can exercise the power to legislate
on “water” only under Articles 249 and 252 of the Constitution of India. In pursuance of
Art.252 (1) of the Constitution, resolutions were passed by all the Houses of the
Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu
& Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West-Bengal
and Union Territories to the effect that the matters relating to prevention and control of
water pollution should be regulated by the Parliament by Law. Accordingly, the
Parliament enacted the Water (Prevention and Control of Pollution) Act, 1974. The Water
Act represents one of the India’s first attempts to deal with an environmental issue
comprehensively. The Water Act was amended in 1978 and again amended in 1988 to
conform to the provisions of the Environment (Protection) Act, 1986.

Objectives of the Water Act:

The purpose of the legislation is not only the prevention and control of Water
Pollution but also the maintenance and restoration of the wholesomeness of water. This
specialized legislative measure is meant to tackle one facet of environmental pollution.
The fundamental objective of the Water Act is to provide clean drinking water to the
citizens3. Its main Objectives are as follows:

i) To provide for the prevention and control of water pollution and the
maintaining or restoring of wholesomeness of water.

ii) To establish Central and State Boards for the prevention and control of
water pollution.

iii) To provide for conferring on and assigning to such Boards powers and
functions relating thereto and for matters connected therewith.

3
See A.P. Pollution Control Board (II) v. M.V.Nayudu, (2001) 2 SCC 62 at 79.

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 See also Stella Silk Ltd, v. State of Karnataka, AIR 2001 Kant. 219 at 224.

iv) To provide penalties for the contravention of the provisions of the Water
Act.

v) To establish Central and State water-testing laboratories to enable the

Board to assess the extent of pollution, lay down standards and establish
guilt or default.

Definitions:

Section 2 of the water Act, 1974 deals with definitions. Some of the important
definitions are as follows:

According to Sec. 2 (d) of this Act, the term ‘Occupier’ is defined as, “in relation
to any factory or premises, means the person who has control over the affairs of the
factory or the premises, and includes, in relation to any substance, the person in
possession of the substance.”

According to Sec. 2 (dd) of the Act, ‘Outlet’ includes any conduit pipe or
channel, open or closed, carrying sewage or trade effluent or any other holding
arrangement which causes or is likely to cause, pollution.

Section 2 (e) of the Act defines ‘Pollution’ means such contamination of water or
such alteration of the physical, chemical, biological properties of water or such discharge
or any sewage or trade effluent or of any other liquid, gaseous or solid substance into
water (whether directly or indirectly) as may, or is likely to, create a nuisance or render
such water harmful or injurious to public health or safety, or to domestic, commercial,
industrial, agricultural or other legitimate uses, or to the life and health of animals or
plants or of aquatic organisms.

Section 2 (g) of the Water Act, defines the term ‘Sewage Effluent’ means
effluent from any sewage system or sewage disposal works and includes sullage from
open drains.

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 “Sewer” means any conduit pipe or channel, open or closed carrying sewage or
trade effluent.4

“Stream” includes5 –

i) river,

ii) water course (whether flowing or for the time being dry),

iii) inland water (whether natural or artificial),

iv) sub-terranean waters,

v) Sea or tidal waters to such extent or, as the case may be, to such point,
as the State Government may, by notification in the official Gazette,
specify in this behalf.

“Trade Effluent” includes any liquid, gaseous or solid substance which is

discharged from any premises used for carrying on any industry operation or process, or
treatment and disposal system other than domestic sewage.6

Under Sec. 2 (a) of this Act, the term “Board” means the Central or State Board.

“Member” under Section 2 (c) means a member of a Board and includes the
Chairman thereof.

“Central Board” means the Central Pollution Control Board constituted under
Section 3 – [(Section 2 (bb)].

Section 2 (h) defines ‘State Board’ as the State Pollution Control Board
constituted under Section 4.

According to Section 2 (i), “State Government”, defines, in relation to a union

territory means the Administrator thereof appointed under Art.239 of the Indian
Constitution.

4
Section 2 (gg) of the Water Act, Ins. by Act 44 of 1978.
5
Section 2 (j) of the Water Act.
6
Section 2 (k) of the Water Act.

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 The problem of pollution of rivers and streams has assumed considerable
importance and the urgency in recent years as a result of the growth of industries and the
increasing tendency to urbanization.

Thus, to ensure that the domestic and industrial effluents are not allowed to be
discharged into the watercourses without adequate treatment as such discharges would
render the water unsuitable as aforesaid drinking water as well as also putting fresh life
and other aquatic animals and also for uses in irrigation.

The definition of Pollution covers all changes in physical, chemical and biological
properties of water and also covers the rise in the temperature of water and discharge of
radioactive substances in the water. The pollution is referable to only the legitimate use
of the water.

6.3 PREVENTION AND CONTROL AGENCIES/BOARDS OF WATER

POLLUTION:
Provisions for prevention and control of water pollution have been made through
multifarious agencies under Chapter II, III and IV of the Water Act.

Chapter II deals with the Constitution of Central and State Boards,

Chapter III with the Constitution of Joint Boards,

Chapter IV deals with powers and functions of various boards.

a) Constitution of Central Board:

Chapter II of the Water Act deals with constitution of the Central and State
Boards and their functions. It also deals with terms and conditions of service of members
of the Boards including their disqualifications.

As provided under Sub-section 2 of Section 3 of the Act, the Central Board is

constituted by the Central Government and is called Central Pollution Control Board. It
shall consist of the following members:

i) A full time chairman, being a person having special knowledge or

practical experience in respect of matters relating to environmental
protection or a person having knowledge and experience in administering

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 institutions dealing with the matters aforesaid. He shall be nominated by
the Central Government;

ii) Officials, not exceeding five, to be nominated by the Central Government

to represent that Government;

iii) Such number of persons, not exceeding five from amongst the members of
the State Boards;

iv) Such number of non-officials, not exceeding three, to represent the

interests of agriculture, fishery or industry or trade, or any other interest,
in the opinion of Central Government, ought to be represented;

v) Two persons to represent the companies or corporations owned, controlled

or managed by the Central Government to be nominated by the Central
Government;

vi) A full-time member-secretary, possessing qualifications, knowledge and

experience of scientific, engineering or management aspects of pollution
control to be appointed by the Central Government.

Status of the Central Board:

According to Section 3 (3) of the Act, the Central Board shall be a body corporate
by the same name, have perpetual succession and a common seal with power subject to
the provisions of this Act to acquire, hold and dispose of property and to contract. It may
in the name of Central Board sue or be sued. The Central Board is thus a legal person.

b) Constitution of State Boards:

Section 4 of the Act empowers the State Governments to constitute a ‘State

Pollution Control Board’ in their respective States. The State Government shall with
effect from such date, as it may deem fit, by notification in the Central Gazette, appoint,
constitute a State Pollution Control Board under such name as may be specified in the

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notification to exercise the powers conferred on and perform the functions assigned to
that Board under the Act.7

Section 4 (2) of the Act provides that a State Board shall consist of the following
members, who shall be nominated by the State Government:

i) A chairman, being a person having special knowledge or practical

experience in respect of matters relating to environmental protection or a
person having knowledge and experience in administering institutions
dealing with the matters aforesaid. Provided that the chairman may be
either whole time or part time member as the State Government may think
fit,

ii) Such number of officials, not exceeding five, who shall represent that
Government;

iii) Such number of persons, not exceeding five, from amongst the members
of the local authorities functioning within the State,

iv) Such number of non-officials, not exceeding three, representing the

interests of agriculture, fishery or industry or trade or any other interest
which, in the opinion of the State Government, ought to be represented;

v) Two persons to represent the companies or corporations owned, controlled

or managed by the State Government;

vi) A full-time member-secretary, possessing qualifications, knowledge and

experience of scientific, engineering or management aspects of pollution
control, to be appointed by the state Government.

Status of the State Board:

Every State Board shall be a body corporate with the name specified by the State
Government in the notification having perpetual succession and a common seal with
power, subject to the provisions of this Act, to acquire, hold and dispose of property and

7
Section 4 (1) of the Water Act.

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to contract and may by the said name sue or be sued8. By this way the State Board has
legal personality.

Pollution Control Board for Union Territories:

No State Board shall be constituted for any Union Territory and in relation to a
Union Territory the Central Board shall exercise the powers and perform the functions of
a State Board for that Union Territory. But in relation to any Union Territory the Central
Board may delegate all or any of its powers and functions to such person or body of
persons as the Central Government may specify.9

Terms and conditions of Service of Members:

According to Section 5 of the Act the following terms and conditions of service
are prescribed:

i) a member of a Board, other than a member Secretary shall hold office for a
term of three years from the date of his nomination. But he shall continue to hold his
office even after the expiry of his term until his successor enters upon his office.10

ii) the term of office of a member of a Board nominated under clause (b) or clause
(c) of Section 3 (2) shall come to an end as soon as he ceases to hold the office under the
Central Government or the State Government or as the case may be the company or
corporation owned, controlled or managed by the Central Government by virtue of which
he was nominated.11

iii) a member of Board may be removed before expiry of his term of office either
by the Central Government or by the State Government as the case may be after giving
him a reasonable opportunity of showing cause against him.12

iv) a member of a Board other than a member Secretary may at any time resign
his office by writing under his hand addressed:

8
Section 4 (3) of the Water Act.
9
Section 4 (4) of the Water Act.
10
Section 5 (1) of the Water Act.
11
Section 5 (2) of the Water Act.
12
Section 5 (3) of the Water Act.

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 a) in the case of chairman, to the Central Government or the
State Government as the case may be;

b) in any other case to the Chairman of the Board and, thereafter

the seat of that member or the Chairman shall become vacant.13

v) a member of the Board other than the member Secretary shall be deemed to
have vacated his seat if he is absent without reasons sufficient in the opinion of the Board
from three consecutive meetings of the Board or if he ceases to be a member of the State
Board or of the local authority or of the company or corporation owned or controlled or
managed by the Central Government or the State Government and such vacation of seat
shall take effect from such date as the Central Government or as the case may be the state
Government, may by notification in the official Gazette Specify.14

vi) a casual vacancy in a Board shall be filled by a fresh nomination and the
person nominated to fill the vacancy shall hold office only for the remainder of the term
of the member in whose place he was nominated.15

vii) a member of a Board shall be eligible for re-nomination.16

viii) the other terms and conditions of service of a member of a

Board other than the Chairman and member Secretary shall be such as may be
prescribed.17

ix) the other terms and conditions of service of the Chairman shall be such as may
be prescribed.18

In State of Manipur v. Chandam Manihar Singh, 19 the Supreme Court held that
under Section 5 the term of office of a member of a Board, which would include the
Chairman as laid down by Section 4(2) (a) of the Water Act, would be three years from
the date of his nomination. He would also be entitled to continue to hold office beyond

13
Section 5 (4) of the Water Act.
14
Section 5 (5) of the Water Act.
15
Section 5(6) of the Water Act.
16
Section 5 (7) of the Water Act.
17
Section 5 (8) of the Water Act.
18
Section 5 (9) of the Water Act.
19
(1997) 7 SCC 503.

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the permitted time till his successor enters upon his office. However, where a casual
vacancy in a Board is filled by a fresh nomination then the person nominated to fill the
vacancy shall hold office only for the remainder of the term for which the number in
whose place he was nominated was to hold the office.

Disqualifications:

Section 6 of the Water Act prescribes the following disqualifications, for

membership of the Board.

i) Insolvency, or
ii) Unsound mind declared by competent court, or
iii) Conviction for an offence involving moral turpitude, or
iv) Conviction for an offence under the Water Act, or

v) Partnership or any share or interest in any firm or company carrying on the

business of manufacturing, sale, or hire of machinery, plant, equipment,
apparatus or fittings for the treatment of sewage or trade effluents, or

vi) Working as a Director or a Secretary, Manager or employee of any

company or firm having any contract with the Board, or with the
Government or local authority in the State for carrying out sewage
schemes or for the installation of plants for the treatment of sewage or
trade effluents, or

vii) For abusing position as a member of the Board which become detrimental
to the interest of the general public.

The order of removal of a member shall be made either by the Central

Government or the State Government only after giving him a reasonable opportunity to
showing cause against the same.20

A member who has been removed on the ground of disqualifications, shall not be
eligible for re-nomination as a member.21

20
Section 6 (2) of the Water Act.
21
Section 6 (3) of the Water Act.

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 According to Section 7 of the Water Act, if a member of a Board becomes subject
to any of the disqualifications specified above, his seat shall become vacant.

Meetings of Board:

As provided under Section 8, a Board shall meet at least once in every three
months and shall observe such rules of procedure in regard to the transaction of business
at its meetings as may be prescribed. But if in the opinion of the Chairman, any business
of an urgent nature is to be transacted, he may convene a meeting of the Board at such
time as he thinks fit for the aforesaid purpose.

Constitution of Committees:

Section 9 of the Act provides that a Board may constitute as many committees
consisting wholly of members or wholly of other persons or partly of members and partly
of other persons for such purpose or purposes as it may think fit.22

A committee constituted under this section shall meet at such time and at such
place of procedure in regard to the transaction of business at its meetings as may be
prescribed.23

Temporary Association of Persons with Board:

According to Section 10 of the Act the Board has power to associate with itself in
such manner and for such purpose any person whose assistance or advice it may desire to
obtain in performing any of its functions under the Act,24

A person so associated with the Board shall have right to take part in the
discussions of the Board relevant to the purpose, but shall not have right to vote at a
meeting of the Board, and shall not be a member for any other purpose.25

The person so associated shall be paid such fees and allowances for attending its
meetings and for attending any other work of the Board as may be prescribed.26

22
Section 9 (1) of the Water Act.
23
Section 9 (3) of the Water Act.
24
Section 10 (1) of the Water Act.
25
Section 10 (2) of the Water Act.
26
Section 10 (3) of the water Act.

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 As provided under Section 11 of the Act, no act or proceeding of a Board or any
committee thereof shall be called in question on the ground namely of the existence of
any vacancy in or any defect in the constitution of the Board or such committee as the
case may be.

Delegation of Powers to Chairman:

Section 11-A was inserted in 1978 and it provides that the Chairman of the Board
shall exercise such powers and perform such duties as may be prescribed or as may be
delegated to him by the Board from time to time.

Member Secretary and Officers and other Employees of Board:

Section 12 of the Act provides that the terms and conditions of services of the
member Secretary shall be such as may be prescribed by the Central Government or the
State Government. He shall exercise such powers and perform such duties as may be
prescribed from time to time or be delegated to him by the Board or its Chairman.

Subject to such rules as may be made by the Central Government or as the case
may be the State Government in this behalf, a Board may appoint such officers and
employees as it considers necessary for the efficient performance of its functions. The
method of recruitment and the terms and conditions of service including the scales of pay
of the officers and other employees whether of the Central Board or a State Board other
than the member Secretary shall be such as may be determined by regulations made by
the Central Board or as the case may be by the State Board. But no regulation made under
this sub-section shall take effect unless:

a) in case of regulation by the Central Board, it is approved by the

Central Government; and

b) in case of regulation made by State Board, it is approved by the State

Government.

The Board may by general or special order and subject to such conditions and
limitation, if may as may be specified in the order, delegate to any officer, of the Board
such of its powers and functions as it may be deem fit.

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 The Board is empowered to appoint any qualified person to be a consulting
engineer to the Board from time to time and pay him such salary and allowances and
subject to such other terms and conditions of service as it thinks fit.

6.4 JOINT BOARDS:

Chapter III of the Act deals with the composition of Joint Board and its
composition.

Constitution of Joint Boards:

Section 13 (1) of the Act provides that Joint Boards for a specified period, which
can be further renewed, can be constituted by an agreement. The agreement may be
entered into:

a) two or more Governments of contiguous States, or

b) by the Central Government (in respect of one or more Union Territories) and
one or more Governments of States adjoining to such Union Territories.

An agreement to constitute a Joint Board may:-

i) Provide for the apportionment of the expenditures in connection with Joint

Board between the participating States or between the Central
Government and participating State or States.

ii) Determine which of the participating States or Central Government or

participating State or States shall exercise and perform the several powers
and functions of the State Government under the Act;

iii) Provide for consultation between participating States or between the

Central Government and participating State or States either generally or
with reference to particular matters arising under this Act;

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 iv) Make such incidental and ancillary provisions, not inconsistent with this
Act, as may be deemed necessary or expedient for giving effect to the
agreement.27

The agreement regarding the constitution of Joint Board shall be published in the
official Gazette of the participating State where the agreement was entered into between
two or more States and in the Official Gazette of the Union Territory or Union Territories
and the State or States if it was entered into between the Central Government and the
State or States.28

Composition of the Joint Boards:

Section 14 (1) of the Water Act provides that a Joint Board constituted by an
agreement between two or more Governments of adjoining States shall consist of
following members:

i) a full time Chairman being a person having special knowledge or practical

experience in respect of matters relating to environmental protection or a
person having knowledge and experience in administering institutions
dealing with environmental matters. He should be nominated by the
Central Government.

ii) Two officials from each of the participating States to be nominated by the
concerned participating State Governments to represent that Government;

iii) One person to be nominated by each of the participating State

Governments from amongst the members of the local authorities
functioning within the State concerned;

iv) One non-official to be nominated by each of the participating State

Governments to represent the interests of agriculture, fishery or industry
or trade in the State concerned or any other interest which in the opinion
of the participating State Government, is to be represented;

27
Section 13 (2) of the Water Act.
28
Section 13 (3) of the Water Act.

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 v) Two persons to be nominated by the Central Government to represent the
companies or corporations, owned, controlled or managed by the
participating State Government.

vi) A full time member Secretary possessing qualifications, knowledge and

experience of scientific, engineering or management aspects of Pollution
Control to be appointed by the Central Government.

Section 14 (2) provides that a Joint Board constituted by an agreement entered

into by the Central Government (in respect of one or more Union Territories) and one or
more Governments of States adjoining to such Union Territories, shall consist of
following members:

i) a full time Chairman, being a person having special knowledge or

practical experience in respect of matters relating to environmental
protection or a person having knowledge and experience in
administering institutions dealing with the matters aforesaid to be
nominated by the Central Government;

ii) two officials to be nominated by the Central Government from the

participating Union territory or each of the Union Territories as the case
may be, by the concerned States;

iii) One person to be nominated by the Central Government from amongst

the members of the local authorities functioning within the participating
Union Territory or each of the participating Union Territories, as the
case may be, by the concerned participating States.

iv) One non-official to be nominated by the Central Government and one

person to be nominated by the participating State or States to represent
the interest of agriculture, fishery, or industry or trade in the union
Territory or in each of Union Territories or State or in each of the Union
Territories or the State or in each of the States as the case may be or any
other interest which in the opinion of the Central Government or as the
case may be, of the State Government is to be represented;

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 v) Two to be nominated by the Central Government to represent the
companies or corporations owned, controlled or managed by the Central
Government and situate in the participating Union territory or territories
and two persons to be nominated by the Central Government to
represent the companies or corporations owned, controlled or managed
by the participating State Governments;

vi) A full time member Secretary possessing qualifications, knowledge and

experience of scientific, engineering or management aspects of
pollution control to be appointed by the Central Government.

When a Joint Board is constituted in pursuance of an agreement under Section 13

(1) (b) the provisions of Section 14 (4) shall cease to apply in relation to the Union
Territory for which the Joint Board is constituted.29

But the provisions of Section 14 (3) and Sections 5 to 12 shall apply in relation to
a State Board and its member Secretary,30 whenever relevant in this Act, a reference to
the State Board shall, unless the context otherwise requires, be construed as including a
Joint Board.

Special Provision Relating to Giving of Directions:

Section 15 provides that whenever a Joint Board is constituted under section 13,
the powers of the Government of a State for which the Joint Board is constituted, shall be
limited to give any direction under this Act only in cases where such direction relates to a
matter within the territorial jurisdiction of the State. The Central Government alone shall
be competent to give any direction under the Water Act where such direction relates to a
matter within the territorial jurisdiction of two or more States or pertaining to a Union
Territory.

6.5 POWERS AND FUNCTIONS OF BOARDS:

Chapter IV deals with the powers and functions of the Central and State Boards.

Functions of Central Board:

29
Section 14 (3) of the Water Act.
30
Section 14 (4) of the Water Act.

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 Section 16 (1) provides that the main functions of Central Board shall be to
promote cleanliness of streams and wells in different areas of the States. However, the
Central Board may perform all or any of the following functions namely:

i) advise the Central Government on any matter concerning the prevention

and control of water pollution;

ii) coordinate the activities of State Boards and resolve disputes among them;

iii) provide technical assistance and guidance to the State Boards, carry out
and sponsor investigations and research relating to problems of water
pollution and prevention, control or abatement of water pollution;

iv) plan and organize the training of persons engaged or to be engaged in

programmes for the prevention, control or abatement of water pollution on
such terms and conditions as the Central Government specify;

v) organize through mass media a comprehensive programme regarding the

prevention and control of water pollution;

vi) to perform the functions of the State Board where the State Board where
the State Board has defaulted in complying with the directions of the
Central Board resulting into grave emergency and where it is required to
do so in the public interest;

vii) collect, compile and publish technical and statistical data relating to water
pollution and the measures devised for its effective prevention and control
and prepare manuals, codes or guides relating to treatment and disposal of
sewage and trade effluents and disseminate information connected
therewith;

viii) lay down, modify or annual, in consultation with the State Government
concerned, the standards for a stream or well. However, different
standards may be laid down for the same for the same stream or well or
for different streams or wells having regard to the quality of water, flow

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 characteristics of the stream or well and the nature of the use of the water
in such stream or well or streams or wells;

ix) plan and cause to be executed a nation wide programme for the
prevention, control or abatement of water pollution;

x) To perform such other functions as may be prescribed.

xi) Establish or recognize a laboratory or laboratories to enable the Board to

perform its functions efficiently including the analysis of samples of water
from any stream or well or of sample of any sewage or trade effluents.31

Functions of State Board:

Under Section 17 of the Act, a State Board shall have the following functions:

i) To plan a comprehensive programme for the prevention, control or

abatement of water pollution.

ii) To advise the State Government on matters concerning the prevention,

control and abatement of water pollution.

iii) To collect and spread information relating to prevention, control and

abatement of water pollution.

iv) To encourage and conduct investigations and research resulting to

problems of water pollution.

v) To collaborate with the Central Board in organizing training programmes

relating to the prevention, control or abatement of water pollution and to
organize mass education programme relating thereto.

vi) To inspect sewage or trade effluents, works and plants for the treatment of
sewage and trade effluents.

vii) To lay down standards for the sewage and trade effluents and classify
waters of the State.

viii) To evolve economical and reliable methods for treatment of sewage and
trade effluents.

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 ix) To evolve methods of utilization of sewage and suitable trade effluents in
agriculture.

x) To evolve efficient methods of disposal of sewage and trade effluents on

land.

xi) To evolve efficient methods of disposal of sewage and trade effluents to

be discharged into any particular stream.

xii) To make any order for the prevention, control or abatement of discharge
of wastes into streams or wells and requiring any person to adopt such
remedial measures as are necessary to prevent, control or abate water
pollution.

xiii) To lay down effluent standards to be complied with by persons while

discharging sewage or sullage or both.

xiv) To advise the State Government with respect to the location of any
industry which is likely to pollute a stream or well.

xv) To perform such other functions as may be prescribed by the Central or

State Government.31

xvi) To establish or recognize laboratories for analysis of water samples of any

sewage or trade effluents.32

Power to give Directions:

In the performance of its functions under this Act: 33

a) the Central Board shall be bound by such directions in writing as the Central
Government may give to it; and

b) Every State Board shall be bound by such directions in writing as Central

Board or the State Government may give to it.

31
Section 17 (1).
32
Section 17 (2).
33
Section 18.

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 Where a direction given by the State Government is inconsistent with the
direction given by the Central Board, the matter shall be referred to the Central
Government for its direction.34

Where the Central Government is of the opinion that any State Board has
defaulted in complying with any direction given by the Central Board as a result of which
it is necessary or expedient so to do in the public interest, it may, by order, direct the
Central Board to perform any of the functions of the State Board in relation to such area
for such period and for such purposes, as may be specified in the order.35

Where the Central Board performs any of the functions of the State Board in
pursuance of a direction of the Central Government, the expenses, if any, incurred by the
Central Board with respect to the performance of such functions may, if the State Board
is empowered to recover, such expense, be recovered by the Central Government with
interest at such reasonable rate as the Central Government may be order fix, from the date
when a demand for such expenses is made until it is paid from the person or persons
concerned as arrears of land revenue or of public demand.36

However, any direction to perform the functions of any State Board given to the
Central Board in respect of any area would not preclude the State Board from performing
such functions in any other area in the State or any of its other functions in that area.37

6.6 PREVENTION AND CONTROL OF WATER POLLUTION:

Chapter V Sections 19 to 33 A of the Water Act contains different provisions for

prevention and control of water pollution. In order to control the water pollution, the
Board has the following powers:

1. Power of the State Government to Restrict the Application of the Act to

Certain Areas: - Provision in this regard is contained under Section 19 (1) of the Act.
Sub-section (1) provides that notwithstanding anything contained in this Act if the State
Government after consultation with, or on the recommendation of, the State Board, is of

34
Section 18 (1) of the Water Act.
35
Section 18 (2).
36
Section 18 (3).
37
Section 18 (4) of the Water Act. .

178
opinion that the provisions of this Act need not apply to the entire State it may by
notification in the official Gazette, restrict the application of this Act to such area or areas
as may be declared therein as water pollution, prevention and control area or areas and
thereupon the provisions of this Act shall apply only to such area or areas.

The Water Pollution, Prevention and Control area may be declared either

i) by reference to a map or

ii) By reference to the line of any watershed or

iii) The boundary of any district or

iv) Partly by one method and partly by another.38

The State Government may by notification in the official Gazette

(a) alter any water pollution, prevention and control area whether by way
of extension or reduction; or

(b) define new water pollution, prevention and control area in which may
be merged one or more water pollution, prevention and control areas,
or any part or parts thereof.

However, the State Government under Section 19 cannot grant exemption from
pollution against polluting industry to be set up.39

2. Power to Obtain Information:- According to Section 20 of the Water Act, for

the purpose of enabling a State Board to perform functions conferred on it the State
Board or any officer empowered by it in that behalf may make surveys of any area and
gauge and keep records of the flow or volume and other characteristics of any stream or
well in such area, and may take steps for the measurement and recording of the rainfall
in such area or any part thereof and for the installation and maintenance for those
purposes of gauges or other apparatus and works connected therewith, and carry out

38
Section 19 (2) of the Water Act.
39
A.P Pollution Control Board (II) v. Prof. M.V. Naidu, (2001) 2 SCC 62

179
stream surveys and may take such other steps as, may be necessary in order to obtain any
information required for the purposes aforesaid.40

A State Board may give directions requiring any person who in its opinion is
abstracting water from any such stream or well in quantities which are substantial in
relation to the flow or volume of that stream or well or is discharging sewage or trade
effluent into any such stream or well, give such information as to abstraction or the
discharge at such times and in such form as may be specified in the directions.41

A State Board may, with a view to preventing or controlling pollution of water,

give directions requiring any person in charge of any establishment when any industry,
operation or process or treatment and disposal system is carried on, to furnish to it
information regarding the construction, installation or operation of such establishment or
of any disposal system or of any extension or addition thereto, in such establishment and
such other particulars as may be prescribed.42

3. Power to take samples of effluents and procedure to be followed in

connection therewith: A State Board or any officer empowered by it in this behalf shall
have power to take for the purpose of analysis samples of water from any stream or well
or samples of any sewage or trade effluent which is passing from any plant or vessel or
over any place into any such stream or well. [Section 21 (1)]

The result of any analysis of a sample of any sewage or trade effluent taken under
Sub-section (1) shall not be admissible in evidence in any legal proceeding unless the
following requirements are complied with:

(1) When a sample of any sewage or trade effluent is taken for analysis the person
taking the sample shall:-

(a) serve on the person in charge of or having control over the plant or vessel
or in occupation of the place or any agent of such occupier, a notice then

40
Section 20 (1) of the Water Act.
41
Section 20 (2).
42
Section 20 (3).

180
 or there in such form as may be prescribed on his intimation to have it so
analyzed;

(b) in the presence of the occupier or his agent divide the sample into two
parts;

(c) cause each part to be placed in a container which shall be marked and
sealed and shall also be signed both by the person taking the sample and
the occupier or his agent;

(d) send one container forthwith –

i) in a case where such sample is taken from any area situated in a

union territory, to the laboratory established or recognized by the
Central Board under Section 16; and

ii) in any other case, to the laboratory established or recognized by

the State Board under Section 17;

(e) on the request of the occupier or his agent, send the second container;

i) in a case where such sample is taken from any area situated in a

Union territory, to the laboratory established or specified by the
Central Government.

ii) in any other case, to the laboratory established or specified by the

State Government.

(2) When a sample of any sewage or trade effluent is taken for analysis and the
person taking the sample serves on the occupier or his agent willfully absents him,
then;

(a) the sample so taken shall be placed in a container which shall be marked
and sealed and shall also be signed by the person taking the sample and
the same shall be sent forthwith by such person for analysis to the
laboratory and he shall inform, the Government analysis in writing about
the willful absence of the occupier or his agent;

181
 (b) the cost incurred in getting such sample analyzed shall be payable by the
occupier or his agent and in case of default in such payment, the same
shall be recoverable from the occupier or his agent, as this case may be, as
an arrear of land revenue or of public demand. But no such recovery shall
be made unless the occupier, or as the case may be his agent has been
given a reasonable opportunity of being in the matter.43

(3) When a sample of any sewage or trade effluent is taken for analysis and the
person taking the sample serves on the occupier or his agent notice and the
occupier or his agent who is present at the time of taking the sample does not
make a request for dividing the sample into parts as provided in the section then
the sample be marked and sealed and shall be signed by the person taking the
sample and the same shall be sent forthwith by such person for analysis to the
laboratory for analysis.44

The procedure prescribed under Section 21 of the Act is mandatory. The result of
the analysis of samples will be admissible in legal proceedings provided the safeguards
and the procedures prescribed under the statute are compiled with.

In Delhi Bottling Company Private Limited v. Central Board for the Prevention
and Control of Pollution, 45 the Board took a sample of the trade effluents from a bottling
company’s discharge stream. The Board got the trade effluent analyzed and found that it
did not conform to the requirements of the consent order granted to the company. The
Board filed a suit under Section 33 of the Act and accordingly the Court issued an
injunction requiring the company to establish a treatment plant. The order of the Court
was challenged on the ground that the representative of the company present at the time
of taking sample by the Board, had requested that the sample be analyzed by the Delhi
Administration laboratory as provided in Section 21 of the Water Act and as such it was
not admissible in evidence. Thus the court decided the case in favour of the company
because the Board could not prove that the company was violating its consent orders.

43
Section 21 (4).
44
Section 21 (5) of the Water Act.
45
A.I.R. 1986 Del. 152.

182
 It is commented on a literal interpretation, the ruling was correct, one has to note
that the company did not challenge the results of the analysis itself, integrity of the
sample, or ‘the method of’ analysis. It was also pointed out that the requirement of notice
before the sample was taken, gives the polluters an immediate opportunity to temporarily
reduce or cease discharge or pollutants when the sample was taken.46

In Abdul Hamid v. Gwalior Rayon Company, 47 the Madhya Pradesh High Court
pointed out that the Section 21 of the Water Act was meant for the protection of the
industries and industrialists ensuring a proper balance between the conflicting claims of
the nation’s industrial progress and the hazards to the citizens and it seeks to implement
the provision of Section 21 of the Water Act.

4. Reports of the Result of analysis taken under Section 21:- Where a sample
of any sewage or trade effluent has been sent for analysis to the laboratory established or
recognized by the Central Board or State Board, the concerned Board shall analyse the
sample and submit a report in the prescribed form of the result of such analysis in
triplicate to the Central Board or the State Board as the case may be.48

On receipt of the report, one copy of the report shall be sent by the Central Board
or the State Board as the case may be, to the occupier or his agent, another copy shall be
preserved for production before the Court, in case any legal proceedings are taken against
him and another copy shall be kept by the concerned Board.49

If there is any inconsistency or discrepancy between, or variation in the results of,

the analysis carried out by the laboratory established or recognized by the Central Board
or State Board, as the case may be, and that of the laboratory established or specified
under Section 51 or Section 52, the report of the latter shall prevail.50

46
C.F.Rosancranz, Environmental Law and Policy in India, cases, materials and statutes, (1991) p.157.
47
(1989) Cr. L.J. 2013.
48
Section 22 (2) of the Water Act.
49
Section 22 (3).
50
Section 22 (4).

183
 Any cost incurred in getting any sample analyzed at the request of the occupier or
his agent shall be payable by such occupier or his agent and in case or default the same
shall be recoverable from him as arrears of land revenue or of public demand.51

5. Power of Entry and Inspection: - In order to ensure that the provisions of the
Water Act are complied with Section 23 of the Water Act confers the power of entry and
inspection on the State Boards. This Section provides that any person empowered by the
State Board in this behalf shall have a right at any time to enter, with such assistance as
he may consider, necessary any place for the following purposes:-

a) for performing any of the function of the State Board entrusted to him;

b) for determining whether and if so in what manner, any such functions are
to be performed or whether provisions of this Act or rules made
thereunder, or any notice, order, direction or authorization, served, made,
given or granted under this Act is being or has been complied with;

c) for examining any plant, record, register, document or any other material
objects;

d) for conducting search of place in which he has reasons to believe that ah

offence under this Act or the rules made thereunder has been or is being or
is about to be committed; and

e) for seizing any such plant, record, register, document or other material
object, if he has reasons to believe that it may furnish any evidence for
commission of offence punishable under this Act for the rules made
thereunder.

However, the right to enter under this Sub-section 23(1) of Water Act, for the
inspection of a well shall be exercised only at reasonable hours, in a case where such well
is situated in any premises used for residential purposes and the water thereof is used for
domestic purpose.

51
Section 22 (5) of the Water Act.

184
 The provisions of the Code of Criminal Procedure, 1973, except the State of
Jammu and Kashmir, the provisions of that State similar to those of Criminal Procedure
shall apply to any search or seizure.52

6. Prohibition on Use of Stream or Well for Disposal of Polluting Matter

etc.:- Section 24 of the Water Act, provides that no person -

a) shall knowingly cause or permit any poisonous, noxious, or polluting matter to

enter into any stream or well or sewer or on land; or

b) shall knowingly cause or permit to enter into any stream, any other matter
which directly or in combination with other similar matters, may tend to impede the
proper flow of water of the stream and which may aggravate for pollution substantially.53

However, a person shall not be guilty of an offence under this Section for any of
the following acts:

i) constructing, improving or maintaining in or across or across or on the

bank or bed of any stream, any building, bridge or weir, dam, sluice,
dock, pier, drain or sewer or other permanent works which he has right
to construct, improve or maintain;

ii) Depositing any material on the bank or in the bed of any stream for the
purposes of reclaiming land or for supporting. Repairing or protecting
the bank or bed of such stream provided such materials are not capable
of polluting such stream:

iii) Putting into any stream any sand or gravel or other natural deposit which
has flowed from or have been deposited by the current of such stream;
and

iv) Causing or permitting the deposit accumulated in a well, pond or

reservoir to enter into any steam, with the consent of the State Board.54

52
Section 23 (2).
53
Section 24 (1) of the Water Act.
54
Section 24 (2) of the Water Act.

185
 But Sub-section (3) of this section empowers the State Government, either after
consultation with, or on the recommendations of the State Board to exempt any person
from the liability as mentioned in sub-section (1) subject to such conditions, if any, as
may be specified may be altered, varied or amended. All these will be done by issuing a
like notification in the official Gazette.

7. Restrictions on New Outlets and New Discharges: - According to Section 25

of this Act, provides that no person shall without the previous consent of the State Board:

(a) establish or take any steps to establish industry, operation or process, or

any treatment and disposal system or any extension or addition thereto
which is likely to discharge sewage or trade effluent into a stream or well
or sewer or on land; or

(b) Bring into use an new or altered outlet for the discharge of sewage; or

(c) begin to make any new discharge of sewage.

Provided that a person in the process of taking any steps to establish any industry,
operation or process immediately before the commencement of this Act for which no
consent was necessary prior to such commencement may continue to do so for a period of
three months from such commencement, of if he has made an application for such
consent, within the said period of three months till the disposal of such application.55

An application for consent of the State Board shall be made in such form,
contains such particulars and shall be accompanied by such fee as may be prescribed.56

The State Board may make such enquiry as it may deem fit in respect of the
application for consent and in making such inquiry shall follow such procedure as may be
prescribed.57

The State Board may grant consent subject to such condition as it may impose –

(a) (i) beings conditions as to the point of discharge of sewage or as to the use of
that outlet for discharge of sewage;

55
Section 25 (1)
56
Section 25 (2), of the Water Act.
57
Section 25 (3).

186
 (ii) in the case of a new discharge, conditions as to the tenure and
composition, temperature, volume or rate of discharge of the effluent from
the land or premises from which the discharge or new discharge is to be
made, and

(iii) that the consent will be valid only for such period as may be specified in
the order.

Any of the conditions so imposed shall be binding on any person, establishing or

taking any steps to establish any industry, operation or process or treatment and disposal
system or extension or addition thereto or using the new altered outlet, or discharging the
effluent from the land or premises aforesaid;

(b) Refuse such consent for reasons to be recorded in writing.58

The Sub-section 5 of the Section 25 of this Act, provides where, any industry,
operation or process or any treatment and disposal system or any extension or addition
thereto is established without the consent of the Board or any new or altered outlet is
brought into use for the discharge of the sewage, the State Board may serve on the
concerned person a notice imposing any such conditions as might have been imposed on
an application for the grant of consent in respect of such establishment.

Every Board shall maintain a register containing particulars of conditions imposed

under this Section 25 (6). The register shall be opened to all interested persons for
inspection at all reasonable hours. Such register shall also be the conclusive proof of the
fact that the consent was granted subject to such condition.

The Board must decide the application for the consent within a period of four
months otherwise the consent shall be deemed to have been given.59

The State Pollution Control Board is a specialized agency created under the Act
and is empowered to prevent the units from discharging the trade effluents which

58
Section 25 (4) of the Water Act.
59
Section 25 (7) of the Water Act.

187
exceeded the tolerance limit as prescribed under the law. 60 A mere consent issued by the
State Pollution Control Board under

Section 25 (2) did not entitle applicants to discharge trade effluents and it was
incumbent upon the applicants to comply with the conditions mentioned in the consent
order and also to put up the Effluent Treatment Plants (ETP) within the time prescribed in
the consent order. Failure of complying with the requirement of putting up their the ETP
resulted in lapse of the conditions of the consent and therefore, the mere fact that the
consent order so obtained by petitioners cannot insulate them against the requirements of
putting up the ETP and complying with the standards of tolerance limits prescribed 61.
Granting or refusing consent in the very nature of the time is obviously at the discretion
of the State Pollution Control Board. It is not for the courts to go into the propriety of the
decision and to substitute its own opinion in place of the decision of State Board. It is the
Board, which is empowered to prevent and control water pollution, and to maintain the
wholesomeness of water as aimed by the Act62. Even on the basis of the recommendation
of the State Pollution Control Board, the Panchayat authority is empowered to accord
license for starting an Industry63.

In M.C. Mehta v. Union of India,64 the Supreme Court held that the financial
capacity of tanneries should be considered as irrelevant while requiring them to establish
primary treatment plants. Just like an industry, which cannot pay minimum wages to its
workers, cannot be allowed to exist, a tannery, which cannot set up a primary treatment
plant, cannot be permitted to continue to be in existence.

In A.P. Pollution Control Board (II) v. Prof. M.V. Nayudu, 65 the Supreme Court
has clarified that prohibition of Section 25 extends even to establishment of the industry
or taking of steps for that process. Therefore, before the consent of the Pollution Control
Board is obtained, neither can the industry be established nor can any steps be taken to
establish it. Thus, the respondent company should have obtained neither the approval of

60
M/S Narula Dyeing and Printing Press.v. Union of India (Khari-cult Canal), AIR 1995 Guj. 191.
61
Narula Dyeing & Printing Works v. Union of India, ibid.
62
Mahabir Soap and Gudaku Factory v. Union of India, AIR 1995 Ori.221.
63
S. Pathrose v. State of Kerala, AIR 1997 Ker. 50, 51.
64
AIR 1988 S.C. 1037 at 1045. See also vineet Kumar Mathur v. Union of India, (1997) 7 SCC 714;
65
(2001) 2 SCC 62.

188
Gram Panchayat for its plans nor the Collector’s approval for the conversion of land use.
It should have also not proceeded with the construction work and installation of
machinery. Since all these actions were contrary to the provisions of the Water Act, the
respondent Company could claim no equitable relief. The Court also held that the
appellate authority under the water Act, the principle of ‘promissory estoppel’ was
applicable to this case.

Provisions regarding existing discharge of sewage or trade effluent under Section

26, where immediately before the commencement of this Act any person was discharging
any sewage or trade effluent into a stream, well or sewer or on land, the provisions of
Section 25 shall, so far as may apply, in relation to such person as they apply in relation
to the persons referred to in that subject to the modification that the application for
consent to be made under sub-section (2) of the section, shall be made on or before such
date as may be specified by the State Government by notification in this behalf in the
official Gazette.

8. Refusal or Withdrawal of Consent by State Board: - Under Section 27 of

the Water Act, a State Board shall not grant its consent for establishment of any industry,
operation or process or treatment and disposal system or extension or addition thereto or
to the bringing into use of a new or altered outlet unless the industry, operation or
process, or treatment and disposal system or extension or addition thereto or the outlet is
so established as to comply with any conditions imposed by the Board to enable it to
exercise its rights to take samples of the effluent.66

Sub-section 2 of this section empowers a State Board to review from time to time-

a) any condition imposed while granting consent and to serve on the person to
whom consent is granted, a notice making any reasonable variation of or revoking
any such condition;

b) the refusal of any consent or grant of such consent without any condition, and
may make such orders as it deems fit.

66
Section 27 (1) of the Water Act.

189
 Any such condition imposed or variation made shall continue in force until
revoked.67

9. Appeals: - Under Section 28 of the Water Act, any person aggrieved by an

order made by the State Board may within thirty days from the date on which the order
was communicated to him, prefer an appeal to such authority known as Appellate
Authority as the State Government may think fit to constitution. The appellate Authority
may, however, entertain the appeal after the expiry of the period of thirty days, if such
authority is satisfied that the appellant was prevented by sufficient cause from filing the
appeal in time.68

The Sub-section 2 of the Section 28, an Appellate Authority shall consist of a

single person or three persons as the State Government may think fit.

The provision of Section 28 (3) provides, the State Government has power to
prescribe the fee to be payable for such appeal and the procedure to be followed by the
Appellate Authority and the form and manner in which the appeal will be preferred. On
the receipt of an appeal, the Appellate Authority after giving the appellant and the State
Board an opportunity of being heard dispose of the appeal as expeditiously as possible.69

If the Appellate Authority determines that any condition imposed or the variation
made was unreasonable then –

i) when the appeal is in respect of the unreasonableness of any condition

imposed, such authority may direct either that the condition shall be treated
as annulled or that there shall be substituted for it such condition as appears
to it to be reasonable;

ii) where the appeal is in respect of the unreasonableness of any variation of a

condition, such authority may direct either the condition shall be treated as

67
Section 27 (3).
68
Section 28 (1) of the Water Act.
69
Section 28 (4).

190
 continuing in force, unvaried or that it shall be varied in such manner as
appears to it to be reasonable.70

The Supreme Court has suggested that there is an immediate needs that in all the
States and Union Territories,71 the Appellate Authority under Section 28 of the Water
Act, should always have sitting or retired judge of the High Court and a scientist or group
of scientist of high ranking and experience to help in the adjudication of disputes relating
to environment and pollution.

In another case, the Pollution Control Board had passed consent order in favour of
one industry,72 against the consent order passed by Pollution Control Board; the
respondent who was not a party to the consent order filed an appeal. The Board
challenged the interlocutory order and it was pleaded that appeal by the respondent is not
maintainable as he was not a party to the concerned order. The High Court held that since
the Board itself is concerned to see that every citizen gets pollution free air and water, the
petition filed by the Board challenging the said interlocutory order was liable to be
dismissed and the respondent had the locus standi to file the appeal.

10. Revision: Section 29 of the Act gives power to the State Government for
revision. The power of Revision may be exercised by the State Government of its own
motion or on application made to it in this behalf at any time. The State Government may
call for the records of any case where an order has been made by the State Board for the
purpose of satisfying itself as to the legality or propriety of any such order and may pass
such an order in relation thereto as it may deem fit. But the State Government shall not
pass any order without affording the State Board, and the person who may be affected by
such order a reasonable opportunity of being heard in the matter.73

However, where an appeal lies before the Appellate Authority against the order of
a State Board, the State Government shall not revise any order even if appeal has not

70
Section 28 (5) of the Water Act.
71
A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718 at 738.
72
Gujarat Pollution Control Board v. Parmar Devusinh Shersinh, AIR 2001 Guj.11.
73
Section 29 (1).

191
been preferred. There shall be no revision in all such cases in which appeal has been
preferred and is pending before the Appellate Authority.74

11. Powers of State Board to Carry Out Certain Works: - Section 30 provides
that where, while granting permission under Section 25 or 26 any conditions have been
imposed on any person and under the condition he is required to execute any work in
connection therewith and such work has not been executed within such times as may be
specified in this behalf, the State Board, may serve on the person concerned a notice
requiring him within such time not being less than 30 days, as may be specified in the
notice to executed the work specific therein.-[Section 30 (1)].

Under Section 30 (2) of the Water Act provides, if the person, under obligation,
fails to execute the work, then after the expiration of the time specified in the said notice
the State Board may itself, execute or cause to be executed such work.

All expenses incurred by the State Board for the execution of the aforesaid work,
together with interest, as may be fixed by the State Government, may be recovered from
the person concerned by State Board as an arrear of land revenue or of public demand. It
shall be recoverable from the date when a demand for expenses is made and until it is
paid.75

12. Furnishing of Information to State Board and other Agencies in Certain

Cases: - Section 31 of the Act lays down in this respect as follows:

“If at any place where any industry, operation or process or any treatment and
disposal system or any extension or any addition thereto is being carried on, due to
accident of other unforeseen act or event, any poisonous, noxious or pollution matter is
being discharged, or is likely to be discharged into stream or well or sewer or on land and
as result of such discharge, the water in any stream or well is being polluted or is likely to
be discharged into stream or well or sewer or on land and as result of such discharge, the
water in any stream or well is being polluted or is likely to be polluted, then the person

74
Section 29 (2) of the water Act.
75
Section 30 (3) of the Water Act.

192
incharge, of such place forthwith intimate the occurrence of such accident, act or event to
the State Board and such other authorities or agencies as may be prescribed.”76

Section 31 (2) of the Water Act provides that where any local authority operates
any sewage system or sewage works, the aforesaid provisions shall apply to such local
authority as they apply in relation to the person incharge of the place where any industry
or trade is being carried on.

13. Emergency Measures in case of Pollution of Stream or Well: Section 32

provides that where it appears to the State Board that any poisonous, noxious or polluting
matter is present in any stream or well or on land by reason of the discharge of such
matter in such stream or well or on such land or has entered into that stream or well due
to any accident or other unforeseen act or event, and if the Board is of opinion that it is
necessary or expedient to take immediate action it may for reason to be recorded in
writing carry out such operations as it may consider necessary for all or any of the
following purposes –

i) removing that matter from the stream or well or land and disposing it of in
such manner as the Board may consider it appropriate;

ii) remedying or mitigating any pollution caused by its presence in the stream
or well;

iii) issuing orders immediately restraining or prohibiting the person

concerned from discharging any poisonous, noxious or polluting matter
into stream or well or land, or from making in sanitary use of the stream or
well. This power, however, does not include the power to construct any
work other than works of a temporary character which are removed on or
before the completion of the operation.77

14. Power of the Board to make application to Court for Restraining

Apprehended Pollution of Water in Streams or Wells: Under Section 33 of the Water
Act provides that where it is apprehended by a Board that the water in any stream or well

76
Section 31 (1) of the Water Act.
77
Section 32 (2).

193
is likely to be polluted by reason of the disposal or likely disposal of any matter in such
stream or well or in any sewer or on any land, or otherwise the Board may make an
application to a Court not inferior to that a Metropolitan Magistrate or a Judicial
Magistrate of the first class for restraining the person who is likely to cause such
pollution from so causing.78

15. Action by Court on Application of the Board: - The court on receipt of the
application may make such order as it deems fit.79 Where the Court makes an order
restraining any person from polluting the water in any stream or well it may in that order:

i) direct the who is likely to cause or as caused pollution of the water in the
stream or well to desist from taking such action as is likely to cause pollution or
as the case may be to remove from such stream or well, such matter, and

ii) authorize the Board if the direction being a direction for removal of any matter
from such stream or well is not complied with by the person to whom such
direction is issued to undertake the removal and disposal of the matter in such
manner as may be specified by the Court.80

All expenses incurred by the Board in removing any matter in pursuance of

authorization or in disposal of any such matter may be defrayed out of any money
obtained by the Board from such disposal and any balance outstanding shall be
recoverable from the person concerned as arrears of land revenue or of public demand.81

In Maharaja Shri Umaid Mills Ltd., Pali v. State,82 it was held that the
proceedings under Section 33 of the Water Act are criminal in nature. Therefore, if the
complaint in proceedings under Section 33 of the Water Act is dismissed, then the
restoration of the same is not permissible as there is no provision in Cr. P. C for review of
an order.

78
Section 33 (1).
79
Section 33 (2).
80
Section 33(3) of the Water Act.
81
Section 33 (4).
82
AIR 1998 Raj. 9

194
 In the Kerala, High Court83 viewed that the orders issued by the Court under
Section 33 directing the concerned person to remove the pollution or directing the person
to do so are supplementary to each other and not opposed to one another.

In another case Bombay High Court84 said that only such Board has right to make
application under Section33 of the Act as has come into existence and has been properly
constituted on that date when the application is being made. The Board was properly
constituted after the date of application made. Accordingly the Court quashed the
application made by the Board. In Indore Malwa Limited Mills v. Madhya Pradesh, 85 the
Court declared that the order passed by the Magistrate would be valid even if the name of
the river whose water is possible to be polluted is not mentioned in the application.
Similar view was expressed by the Allahabad High Court in the case of Sir Shadi Lal
Enterprises Ltd. V. Chief Judicial Magistrate, Shaharanpur.

16. Power to Give Directions: - Under Section 33-A of the Water Act was
incorporated by way of an Amendment in 1988. It gives the power to the Board to give
directions. This Section provides that a Board may, in the exercise of its powers and
performance of its functions under this Act, issue any directions in writing to any person,
officer or authority, and such person, officer or authority shall be bound to comply with
such directions.

The power to give direction includes:-

i) the closure, prohibition or regulation of any industry, operation or process;

or

ii) the stoppage or regulation of supply of electricity, water or any other

service.

In Mandu Distillers Pvt. Ltd. V. M.P Pradushan Niwaran Mandal,86 orders made
by the State Board in the exercise of power to issue directions were found to be in excess
of what was stated in the show cause notice. The Court observed as the Act, a beneficial
83
N.Ramaswami v.Sub-Divisional Magistrate Coimbatoor(1988) 1 Cr.Law Journal 169.
84
H.C.Kathiwala v. Maharashtra Water (Prevention and Control) Board, 1982 Cr. L. J 290 (Bombay).
85
1989 Allahabad Law Journal 7.
86
A.I.R. 1995 M.P. 57 at P.63.

195
legislation permits preventive measure in case of industries to be established and
remedial measures in cases of industries already established.

The petitioners, manufactures of India made foreign liquors were asked by the
Board to stop discharge of effluents to the river. This was done after a show cause notice.
Quashing the action and show cause notice, the Court said: “the Grounds stated in the
show cause notice and basis of orders are not quite the ‘same and these seem to be distant
neighbours.”

In Ambuga Petro chemicals Ltd. V. A.P Pollution Control Board,87 the effluent
treatment plant of the industry were not in operation. Partially treated effluent was being
discharged causing water pollution in the tank resulting in danger to public life. The State
Board directed the industry to be closed. It was held that the order was neither shockingly
disproportionate nor excessively severe.

In another case88, the Pollution Control Board issued directions to the Industry to
ensure proper storage of effluent in lagoons and proper treatment of effluent. Some of the
directions issued by the Board were not complied with. As a result of it some quantity of
effluent polluted the water of the River of Bhawani. Sufficient time was given to the
Industry but no remedial measure was adopted by it. Accordingly order was issued to
close the Industry.

In M.C. Mehata v. Union of India, 89 popularly known as Calcutta Tanneries Case,

the Calcutta Tanneries were operating in violation of the provisions of Water Act as well
as Environment (Protection) Act, 1986. The Board directed for unconditional closure of
tanneries, relocation, and payment of compensation by them for reversing the damage
and also for rights and benefits to be made available to their workmen. The Supreme
Court upheld the directions issued by the Board.
90
In Sector 14 Resident’s Welfare Association v. State of Delhi, the industrial
units were not conforming to the prescribed standards. Accordingly the U.P. Pollution

87
A.I.R. 1997 A.P. 41.
88
Re Bhawani River Shakti Sugar Ltd. (1988) 2 SCC 601.
89
(1997) 2 SCC 411.
90
(2000) 9 SCC 511.

196
Control Board was held at liberty to take such action as provided by the law against the
polluting industrial units.

6.7 FUNDS, ACCOUNTS AND AUDIT:

Chapter VI of the Water Act relating to Funds, Accounts and Audits of the Board
is contained in Sections 34 to 40. The provisions of the Act are of great importance as
they enable the Board to perform its duties efficiently. These provisions are as follows:

1. Contribution by Central Government: To carry on the functions of the

Central Board, the Central Government may after due appropriation made by Parliament
by law in this behalf, make in each financial year, such contributions to the Central Board
as it may think fit.91 Section 34 of the Water Pollution Act, 1974 and Section 32 of the
Air Pollution Act, 1981 relate to the contribution by Central Government.

2. Contribution by State Government: For enabling the State Board to carry on

its functions, the State Government may after due appropriation made by the Legislature
of State, make in each financial year, such contributions to the State Board as it may
consider necessary.92

3. Funds of Central Board: The Central Board shall have its own fund, and all
sums which may, from time to time, be paid to it by the Central Government and all other
receipts by way of gifts, grants, donations, benefactions, and fees or otherwise or that
Board, shall be carried to the funds of the Board and all payments by the Board, shall be
carried to the funds of the Board and all payments by the Board, shall be made there
from.93

The Central Board may expand such sums as it thinks fit for performing its
functions and where any law for the time being in force relating to the prevention, control
or abatement of air pollution provides for the performance of any function under such law
by the Central Board, also for performing its functions under such law and such sums
shall be treated as expenditure payable out for the fund of that Board.94

91
Section 34 of the Water Act.
92
Section 35 of the Water Act.
93
Section 36 (1).
94
Section 36 (2).

197
 4. Funds of State Board: Section 37 of the Water Act provides similar provisions
with respect to the fund of a State Board as Section 36 provides with respect to the
Central Board. It is to expend money for similar purposes for which the Central Board is
entitled to expend.95 Section 37 of the Water Pollution Act, 1974 and Section 33 of the
Air Pollution Act, 1981 relate to the fund of State Board.

5. Borrowing Powers of Board: As provided under Section 37-A, a Board may

with the consent of or in accordance with, the terms of any general or special authority
given to it, by the Central Government or, as the case may be, the State Government,
borrow money from any source by way of loans or issue of bonds, debentures or such
other instruments, as it may deem fit, for the performance of all or any of its functions
under this Act. Such provision was not under the original Act. This was inserted by the
Act 53 of 1988.

6. Budget: According Section 38 of this Act, the Central Board as well as State
Board shall during each financial year, prepare in such form and at such time as may be
prescribed a budget for the ensuing financial year showing the estimated receipts and
expenditure and copies thereof shall be forwarded to the Central Government or the State
Government depending on the fact whether it was prepared by the Central Board or the
State Board.

7. Annual Report: Section 39 of the Act provides that the Central Board shall
during each financial year, prepare in such form as may be prescribed, an annual report
giving full account of its activities under the Act during the previous financial year and
copies thereof shall be forwarded to the Central Government within four months from the
last date of the previous financial year and that Government shall cause every such report
to be laid before both Houses of Parliament within nine months from the last date of the
previous financial year.96

Section 39 (2) of this Act requires that every State Board, during each financial
year, prepare in such form as may be prescribed, an annual report giving full account of
its activities under this Act during the previous financial year and copies thereof shall be

95
Section 37 (2) of the Water Act, 1974.
96
Section 39 (1).

198
forwarded to the State Government within four months from the last date to the previous
year and that Government shall cause every such report to be laid before State Legislature
within a period of nine months from the last date of the previous year.

Section 39 of the Water Pollution Act, 1974 and Section 35 of the Air Pollution
Act, 1981 relate to the Annual Report.

8. Accounts and Audit: The following Provisions are dealing with Section 40 of
this Act, regarding Accounts and Audit:

i) Every Board shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts in such form as may be prescribed
by the Central Government, or as the case may be, the State
Government,97

ii) The Accounts of the Board shall be audited by an auditor duly qualified to
act as auditor of companies;98

iii) The auditor shall be appointed by the Central Government, or as the case
may be, the State Government on the advice of Comptroller and Auditor-
General of India;99

iv) Every auditor so appointed shall have right to demand the production of
books, accounts, connected vouchers and other documents and papers and
to inspect any of the offices of the Board;100

v) Every such Auditor shall sent a copy of his report together with an audited
copy of the account to the concerned Government.101

vi) The Government shall cause the same to be laid before Parliament or State
Legislature as the case may be.102

97
Section 40 (1).
98
Section 40 (2) of the Water Act.
99
Section 40 (3).
100
Section 40 (4).
101
Section 40 (5).
102
Section 40 (6) & (7) of the Water Act.

199
 Section 40 of this Act and Section 36 of the Air Pollution Act, 1981, relate to
‘Accounts and Audit’. The Annual statement of accounts of the Central Board shall be in
Forms V to IX of the Rules.103

6.8 PENALTIES AND PROCEDURE:

Statutory Provisions under Sections 41 to 50 deal with penalty and procedure

where violation of the provisions of this Act has taken place. The Act does not prescribe
same penalty for different Acts of violation. It lays down different penalties.

1. Failure to Comply with Directions: Whoever fails to comply with any

direction under Section 20 (2), information about abstraction of water or discharge of
effluents, or Section 20 (3), information regarding constitution, installation or operation
of any establishment of or any disposal system etc., within such time as may be specified
in the direction shall, on conviction be punishable with imprisonment for a term which
may extend to three months or with fine which may extend to Rs. 10,000 or with both
and in case failure continues, with an additional fine which may extend to Rs. 5,000 for
every day during which such failure continues after the conviction for the first such
failure.104

Failure to comply with an order issued Under Section 32 (1) (c), restrain or
prohibiting from discharging poisonous, noxious or polluting matter into stream or well
or on land; or any direction issued by court under 104. Section 32 (2), directing any
person from desisting from causing any pollution of the water in any stream of well etc.,
or any direction issued under Section 33-A, direction regarding closure, regulation,
stoppage of electricity etc, is also punishable on conviction, with imprisonment for
periods ranging from 18 months to 6 years and with fine. Continuing contravention
attracts an additional fine of Rs.5, 000/- for each day after the conviction for the first such
offence,105 where such failure continues beyond one year the offender can be punished
with imprisonment for a period of two to seven years and with fine also.106 .

103
Rule 25.
104
Section 41 (1) of the Water Act.
105
Section. 41 (2).
106
Section. 41 (3).

200
 Section 41 of the Water pollution Act, 1974 and Section 37 of the Air Pollution
Act 1981, are the penal provisions and are based on the same footing. The provision
relating to penalty has been provided in Section 15 of the Environment (Protection) Act,
1986.

2. Penalties for Certain Acts: Section 42 of this Water Act provides the
following:-

(a) Destroys, pulls down, removes, injurious or defaces any pillar post or
stake fixed in the ground or any notice or other matter put up, inscribed, or
placed by or under authority of the Board; or

(b) Obstructs any person acting under the orders or directions of the Board
from exercising his powers and performing his functions under this Act; or

(c) Damages any work or property, belonging to the Board, or

(d) Fails to furnish any information required of him for the purposes of this
Act, or

(e) fails to intimate the occurrence of any accident or other unforeseen act or
event under Section 31 to the Board and other authorities or agencies as
required by that section, or

(f) in giving any information which he is required to give under this Act, or
knowingly or willfully makes a statement which is false in any material
particular, or

(g) For the purpose of obtaining any consent under Sections 25 or 26,
knowingly willing fully makes a statement which is false in any material
particular,

Shall be liable to undergo imprisonment for a term which may extend to three
months or fine upto Rs. 10,000/- or with both.107

107
Section 42 (1) of the Water Act.

201
 Sub-section (2) of Section 42 of this Act provided that where for the grant of a
consent in pursuance of the provisions of Sections 25 or 26, the use of a meter or gauge
or other monitoring device is required, then any person who knowingly or willfully alters
or interferes with such device shall be punishable with imprisonment for a term which
may extend to three months or with fine which may extend to Rs. 10,000/- or with both.

3. Penalty for Contravention of Provisions of Section 24: - Whoever

contravenes the provisions of Section 24, i.e., prohibition on use of stream or well for
disposal of polluting matter etc, shall be punishable with imprisonment for a term which
shall not be less than one year and six months, but which may extend to six years and
with fine.108

4. Penalty for Contravention of Section 25 or Section 26: - Whoever

contravenes the provisions of -

(i) Section 24 regarding restrictions on new outlets and new discharges; or

(ii) Section 26 regarding existing discharge of sewage or trade effluent, shall

render himself liable to be punished under Section 44 of the Water Act
which provide that such act shall be punishable with imprisonment for a
term which shall not be less than one year and six months but which may
extend to six years and with fine.109

5. Enhanced Penalty After Previous Conviction: Section 45 provides that if

any person who has been convicted of any offence under Sections 24, 25 and 26 is again
found guilty of an offence involving a contravention of the same provision he shall on the
second and on every subsequent conviction be punishable with imprisonment for a term
which shall not be less than two years but it may extend to seven years and with fine. But
no cognizance shall be taken of any conviction made more than 2 years before the
commission of the offence which is being punished.

6. Penalty for Contravention of Certain Provisions of the Act: - The

Provisions of the Section 45-A provides that whoever fails to comply with any order or

108
Section 43.
109
Section 44 of the Water Act.

202
direction given under this Act, for which no penalty is elsewhere provided under this Act,
shall be punishable with imprisonment which may extend to three months or with fine
which may extend to Rs. 10,000/- or with both and in case of a continuing contravention
or failure, with an additional fine which may extend to Rs. 5,000/- for every day during
which such contravention or failure continues after conviction for the first such
contravention or failure.

7. Publication of Names of Offenders: If any person convicted of an offence

under this Act commits a like offence afterwards, it shall be lawful for the Court before
which the second or subsequent conviction takes place, to cause the offender’s name and
place of residence, the offence and penalty imposed, to be published at the offender’s
expense in such newspapers or in such other manner as the Court may direct and the
expenses of such publication shall be deemed to be part of the cost attending the
conviction and shall be recoverable in the same manner as a fine.110

8. Offences By Companies: The Act has introduced the Doctrine of vicarious

liability and joint liability under Sections 47 and 48 which are based on the maxim of qui
facit per alienum, facit per se, or respondeat superior.

Section 47 provides that where an offence has been committed by a company,

every person who, at the time of the offence was in charge and was responsible to the
company for the conduct of the business of the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished accordingly.

But there shall be no liability of any such person if he proves:-

(i) That the offence was committed without his knowledge; or

(ii) That he exercised all due diligence to prevent the commission of such
offence.

If the offence is committed by the Company, any Director, Manager, Partner in

firm, Secretary, other Officer of the Company shall also be deemed to be guilty of the
offence and punished, if it can be proved that the offence was committed with

110
Section 46 of the Water Act.

203
 (a) his consent or connivance, or

(b) his attributable to any neglect on his part.111

For the purpose of this Section,

i) ‘Company’ means any body corporate, and includes a firm or other

association of individuals; and

ii) “Director” in relation to a firm means a partner in the firm.

In U. P. Pollution Control Board v. Modi Distillery, 112 there was pollution by the
industrial unit resulting in prosecution of Chairman, Managing Director and other
Directors of the Company. There was willful default on the part of the industrial unit in
furnishing details. Consequently the name of the company thereof was wrongly described
in the complaint. It was held by the Supreme Court that this cannot be the ground for
quashing the complaint against the Chairman and others.

9. Offences by Government Departments: - Under the Section 48 of the Water

Act, provides that where any Department of the Government commits an offence under
this Act, the Head of the Department shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly.

However, there shall be no liability of the Head of the Department –

a) if he proves that the offence was committed without his knowledge; or

b) that he exercised all due diligence to prevent the commission of such

offence.

10. Cognizance of Offences: - Under Section 49 of the Water Act, provides that
the Court shall take cognizance of any offence, only if the complaint is made by –

a) A Board or any officer authorized in this behalf by Act; or

111
Sub-section (2) of the Section 47.
112
AIR 1988 SC 1128

204
 b) Any person who has given the notice of not less than 60 days of the
alleged offence and of his intention to make complaint to the Board or the
authorized officer.

The Trial Court must not be inferior to that of a Metropolitan Magistrate or a

Judicial Magistrate of First class.113

Under Section 49 (2) of the Water Act provides that, where a notice has been
given by any person, the Board shall, on demand by such person, make available relevant
reports in its possession to that person. But the Board may receive any such report
available to such person, if the same is, in its opinion, against public interest.

The provision of the Section 49 (3) of the Water Act, it shall be lawful to any
Judicial Magistrate of First Class or for any Metropolitan Magistrate to pass a sentence of
imprisonment for a term exceeding two years or of fine exceeding Rs. 2,000/- on any
person convicted of any offence punishable under this Act.

The 1988 Amendments modified Section 49 to allow citizens to bring actions

under the Water Act. Now a State Board must make relevant reports available to
complaining citizens, unless the Board determined that the disclosures would harm
“Public Interest”114 . Previously, the Act allowed courts to recognize only those actions
brought by a Board, or with a previous written sanction of a Board.

Only the Court of Metropolitan Magistrate or a Judicial Magistrate of the First

Class or any Court superior to that can take the cognizance of the offence.

11. Members, Officers and Servants of Board to be Public Servants: Section

50 of the Water Pollution Act, 1974 provides that “all members, officers and servants of a
Board when acting or purporting to act in pursuance of any of the provisions of this Act
and the rules made thereunder shall be deemed to be public servants within the meaning
of Section 21 of the Indian Penal Code.”

113
Section 49 (1) of the Water Act.
114
Rosencranz, Environmental Law and policy in India, (1992) p.155.

205
6.9 MISELLANEOUS:

Chapter VIII of the Water Act contains certain Miscellaneous Provisions. The
important Provisions are:

1. Central Water Laboratory: Section 51 of the Act provides that the Central
Government may, by notification in the Official Gazette, -

(a) establish a Central Water Laboratory; or

(b) specify any Laboratory or institute as a Central Water Laboratory to carry

out the functions entrusted to the Central Water Laboratory under this
Act.115

The Central Government may, after consultation with the Central Board, make
rules prescribing –

(a) the functions of the Central Laboratory;

(b) The procedure to be followed by the said Laboratory in analyzing the

sample and preparing the report;

(c) such other matter as may be necessary or expedient to enable the

laboratory to carry out its functions.116

2. State Water Laboratory: Section 52 of the Water Act provides that the State
Government may, by notification in the Official Gazette, -

(a) establish a State Water Laboratory; or

(b) specify any laboratory or institute as a State Water Laboratory to carry out
the functions entrusted to the State Water Laboratory under this Act.117

The State Government may, after consultation with the State Board, make rules
prescribing –

(a) The functions of the State Laboratory; or

115
Section 51 (1) of the Water Act.
116
Section 51 (2).
117
Section 52 (1).

206
 (b) The procedure to be followed by the said Laboratory in analyzing the
sample and preparing the report;

(c) such other matter as may be necessary or expedient to enable the

laboratory to carry out its functions.118

3. Analysts: (A) Section 53(1) Empowers the Central Government and Section
53(2) Empowers the State Government to appoint such persons as it thinks it by
notification in the official Gazette as Government analysts. They will have the
qualifications prescribed by the Government for the purpose of analysis to any laboratory
established or specified under Section 51 (1). Their function is to analyse the samples of
water or the sewage or trade effluent, sent to them. The Central Board as well as a State
Board to appoint with the proper approval of the Central Government or the State
Government such persons as it thinks fit to be Board Analyst for the purpose of analysis
of samples of water or of sewage or trade effluent. A Board analyst must also possess
such qualifications as prescribed.119

(B) Reports of Analysts: Any document purporting to be a report signed by the

Government analyst, or as the case may be, a Board analyst may be used as evidence of
the facts stated therein in any proceeding under this Act.120

Section 54 of the Water Pollution Act, 1974 deals with the evidentiary value of
the document purporting to be a report signed by a Government Analyst.

4. Local Authorities to Assist: Under Section 55 of the Water Act provides that
‘all local authorities shall render such help and assistance and furnish such information to
the Board, as it may require for discharge of its functions, and shall make available to the
Board for inspection and examination such records, maps, plans and other documents as
may be necessary for the discharge of its functions.’

5. Compulsory Acquisition of Land for the State Board: Under Section 56 of

the Water Act, provides that ‘Any land required by a State Board for the efficient
performance of its functions under this Act shall be deemed to be needed for a public

118
Section 52 (2) of the Water Act.
119
Section 53 (3).
120
Section 54 of the Water Act.

207
purpose and such land shall be acquired for the State Board under the provisions of the
Land Acquisition Act, 1894 or under any other corresponding law for the time being in
force.’

The State Board is empowered to acquire any land for the efficient performance
of its functions and such purpose shall be treated as “public purpose”.

6. Returns and Reports: Under Section 57 of this Act, the Central Board is
required to furnish to the Central Government and a State Board to the State Government
as well as to the Central Board such reports, returns, statistics, accounts and other
information with respect to its fund or activities as that Government or, as the case may
be, the Central Board may from time to time require.

7. Bar of Jurisdiction: Section 58 of the Water Act provides that no civil court
shall have the jurisdiction to entertain any suit or proceeding in respect of any matter
which an appellate authority constituted under this Act is empowered by or under this Act
to determine, and no injunction shall be granted by any court or other authority in respect
of any action taken or to be taken of any power conferred by or under this Act.

The Andhra Pradesh High Court, while exploring the true scope of Section 58,
has very aptly observed in Sreenivasa Distillery v. S.R. Thyagarajan121, that –

‘An appeal is provided against the order under Section 28 and Section 58 bars the
jurisdiction of the Civil Court to entertain any suit or proceeding against an order passed
by the appellate authority. Section 58 enacts two prohibitions.

i) Firstly, not to entertain any suit or proceeding in respect of any matter

which the appellate authority constituted under the Act is empowered to
determine.

ii) Secondly, no injunction shall be granted in respect of any action taken by

any authority under the Act in pursuance of the provisions of the Act.

This is the only provision barring the jurisdiction of a Civil Court. The Section is
intended to preserve the statutory protection given to the Boards untouched by civil

121
A.I.R. 1986 A.P. 328, at 329.

208
actions. Now, the present action is only preventing the defendant from polluting water.
But this section is not directed to annul any orders passed by the authority constituted
under this Act. Now, it is admitted that no orders are passed under the Act, and, therefore,
any order passed by the civil court will not take away the jurisdiction of the authorities
constituted under the Act. Thus Section 58 of the Water Act does not prohibit jurisdiction
of a Civil Court to entertain any suit or proceeding, restraining the defendant to cause
pollution.

8. Protection of Action taken in Good Faith: Section 59 of the Water Act

provides ‘no suit or other legal proceedings shall lie against the Government or any
officer of Government or any member or officer of a Board in respect of any thing which
is in good faith done or intended to be done in pursuance of this Act or the rules made
thereunder.

This section seeks to exempt the Government, officers of Government, members

and officers of the Board from the legal proceedings in respect of anything done or
intended to be done in good faith or in pursuance of the Act.

9. Overriding Effect: Section 60 of the Water Act provides that the Provisions of
the Act shall have effect notwithstanding anything inconsistent therewith contained in
any enactment other than this Act.

By virtue of this non obstante clause, the provisions of the Water (Prevention and
Control of Pollution) Act, 1974 shall have overriding effect on anything contained in any
other enactment.

10. Power of the Central Government to Supersede the Central Board and
Joint Board122: -

(1) If at any time the Central Government is of opinion –

(a) that the Central Board or any Joint Board has persistently made default in
the performance of the functions imposed on it by or under this Act; or

122
Section 61 of the Water Act.

209
 (b) that circumstances exist which render it necessary in the public interest so
to do,

The Central Government may, by notification, in the official Gazette, supersede

the Central Board or such Joint Board, as the case may be, for such period, not exceeding
one year, as may be specified in the notification;

Provided that before issuing a notification under this Sub-section for the reasons
mentioned in clause (a), the Central Government shall give a reasonable opportunity to
the Central Board or such Joint Board, as the case may be, to show cause why it should
not be superseded and shall consider the explanations and objections if any, of the
Central Board or such Joint Board, as the cause may be.

(2) Upon the publication of a notification superseding the Central Board or any Joint
Board;

(a) all the members shall, as from the date of supersession, vacate their
offices as such;

(b) all the powers, functions and duties which may, by or under this Act, be
exercised or discharged by the Central Board or the Joint Board, as the
case may be, is reconstituted, be exercised, performed or discharge by
such person or persons as the Central Government, may direct;

(c) all property owned or controlled by the Central Board or Joint Board, until
the Central Board or Joint Board is reconstituted, vest in the Central
Government.

(3) On the expiration the supersession specified in the notification, the Central
Government may –

(a) extend the period of supersession for such further term, not exceeding six
months, as it may consider necessary; or

(b) Re constitute the Central Board or Joint Board, as the case may be, by fresh
nomination or appointment, as the case may be, and in such case any

210
 person who vacated his office shall not be deemed disqualified for
nomination or appointment.

Provided that the Central Government may at any time before the expiration of
the period of supersession, whether specified under Sub-section (1) or as extended under
this sub-section, take action under clause (b) of this sub-section.

11. Power of State Government to Supersede State Board: Under Section 62

of the Act Provides (1) if at any time the State Government is of opinion –

(a) that the State Board has persistently made default in the performance of
the functions imposed on it by or under this Act; or

(b) that circumstances exist which render it necessary in the Public interest,
the State Government may, by notification in the official Gazette,
supersede the State Board for such period, not exceeding one year, as may
be specified in the notification.

Provided that before issuing a notification under this Sub-section for the reasons
mentioned in Clause (a), the State Government shall give a reasonable opportunity to the
State Board to show cause why it should not be superseded and shall consider the
explanations and objections, if any, of the State Board.

Upon the publication of a notification superseding the State Board, the provisions
of Sub-sections (2) and (3) of Section 61 shall apply in relation to the supersession of the
State Board as they apply in relation to the supersession of the Central Board or a Joint
Board by the Central Government.

In R.A. Goel v. Union of India,123 the Board was insisting from industrial units for
No Objection Certificates against the Government Policy affecting the industrial policy
of the Government. There were numerous complaints against the Board, which were
received by the Government. It was held that the Government was justified in
superseding the Board. The court further held that where order of supersession of Board

123
A.I.R. 2000 P. & H. 320.

211
was passed by the Government it was not necessary to issue show cause notice to Board
or its members.

12. Power of Central Government to make Rules: - The Central Government

has been given power under Section 63 of the Water Act to make rules –

(1) The Central Government may, simultaneously with the constitution of the
Central Board, make rules in respect of the matter specified in Sub-section (2). Provided
that when the Central Board has been constituted, no such rule shall be made, varied,
amended or repealed without consulting the Board.

(2) In particular, and without prejudice to the generality or the foregoing

power, such rules may provide for all or any of the following matters, namely –

(a) The terms and conditions of service of the members (other than the
chairman and member-secretary) of the Central Board under Sub-section
(8) of Section 5;

(b) the intervals and time and place at which meetings of the Central Board or
of any committee thereof constituted under this Act, shall be held and the
procedure to be followed at such meetings, including the quorum
necessary for the transaction of business under Section 8, and under Sub-
section (2) of Sec. 9;

(c) The fees and allowances to be paid to such members of a committee of the
Central Board as are not members of the Board under Sub-section (3) of
Section 9;

(d) the manner in which and the purposes for which persons may be
associated with the Central Board under Sub-section (1) of the Section 10
and the fees and allowances payable to such persons;

(e) the terms and conditions of service of the Chairman and the Member-
Secretary of the Central Board under Sub-section (9) of Section 5 and
under sub-section (1) of Section 12;

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 (f) Conditions subject to which a person may be appointed as a consulting
engineer to the Central Board under sub-section (4) of Section 12;

(g) The powers and duties to be exercised and performed by the Chairman and
the member-secretary of the Central Board;

(h) The form of the report of the Central Board Analyst under Sub-section (1)
of Section 22;

(i) The form of the report of the Central Board Analyst under sub-section (3)
of Section 22;

(j) the form in which and the time within which the budget of the Central
Board may be prepared and forwarded to the Central Government under
Section 38;

(k) The form in which the annual report of the Central Board may be prepared
under Section 39;

(l) The form in which the accounts of the Central Board may be maintained
under Section 40;

(m) The manner in which notice of intention to make a complaint shall be

given to the Central Board or officer authorized by it under Section 49;

(n) Any other matter relating to the Central Board, including the powers, and
the functions of that Board in relation to Union Territories;

(o) Any other matter which has to be, or may be, prescribed.

(3) Every rule made by the Central Government under this Act shall be laid,
as soon as may be after it is made, before each House of Parliament while it is in session
for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may

213
be; so however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

13. Power of State Government to make Rules: 124

(1) The State Government may, simultaneously with the constitution of the
State Board, make rules to carry out the purposes of this Act in respect of matters not
falling within the purview of Section 63;

Provided that when the State Board has been constituted, no such rule shall be
made, varied, amended or repealed without consulting that Board.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters, namely:

(a) The terms and conditions of service of the members (other than the
chairman and the member-secretary) of the State Board under Sub-section
(8) of Section 5;

(b) the time and place of meetings of the State Board or of any committee of
that Board constituted under this Act and the procedure to be followed at
such meeting, including the quorum necessary for the transaction of
business under Section 8 and under Sub-section (2) of Section 9;

(c) The fees and allowances to be paid to such members of a committee of the
State Board under Sub-section (3) of Sec. 9;

(d) the manner in which and the purposes for which persons may be
associated with the State Board under Sub-section (1) of Section 10 and
the fees and allowances payable to such persons;

(e) the terms and conditions of service of the chairman and the member-
secretary of the State Board under Sub-section (9) of Section 5 and under
Sub-section (1) of Section 12;

124
Section 64 of the Water Act.

214
(f) the conditions subject to which a person may be appointed as a consulting
engineer to the State Board under Sub-section (4) of Section 12;

(g) the powers and duties to be exercised and discharged by the chairman and
the member-secretary of the State Board;

(h) the form of the notice referred to in Section 21;

(i) the form of the report of the State Board Analyst under Sub-section (1) of
Section 22;

(j) the form of the report of the Government Analyst under Sub-section (3) of
Section 22;

(k) the form of application for the consent of the State Board under Sub-
section (2) of Sec. 25, and the particulars it may contain;

(l) the manner in which inquiry under Sub-section (3) of Sec.25 may be made
in respect of an application for obtaining consent of the State Board and
the matters to be taken into account in granting or refusing such consent;

(m) the form and manner in which appeals may be filed, the fees payable in
respect of such appeals and the procedure to be followed by the appellate
authority in disposing of the appeals under Sub-section (3) of Section 28;

(n) the form in which and the time within which the budget of the State Board
may be prepared and forwarded to the State Government under Section
38;

(nn) the form in which the annual report of the State Board may be prepared
under Section 39;

(o) the form in which the accounts of the State Board may be maintained
under Sub-section (1) of Section 40;

(oo) the manner in which notice of intention to make a complaint shall be given
to the State Board or officer authorized by it under Section 49;

(p) Any other matter which has to be, or may be prescribed.

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 These rules will have prospective effect and no rule made under this section can
have retrospective effect.

The Water (Prevention and Control of Pollution) Rules, 1975 have been framed
by the Central Government to streamline Water Pollution Control System.

6.10 THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS

ACT, 1977:
The water Cess Act empowers the Central Government to levy a cess on water
consumed by persons carrying on certain industries and the local authorities. The
adoption of the Act was necessitated due to inability of the State Governments to provide
for adequate funds to the State Boards for their effective functioning and to cope up with
the increasing pressure on water resources. This Act was passed by the Parliament in
1977 to mobilize funds for the Central and State Control Boards. It was adopted by the
Parliament without the approval of the States. The approval of the States was not perhaps
necessitated, notwithstanding water is a State subject but the water cess is a tax, which
parliament is authorized, to impose and legislative under Entry 97 of List I of the
Schedule VII of the Constitution. The Courts have accepted the reasoning of the
enactments of the statute by the Parliament.125

The Act provides for incentives to the specified industries for the installation of
water treatment plants. A rebate of 70% of the cess is given to industries and authorities
for using water for specified purposes in case these industries and authorities install water
treatment plants. But a person or a local authority will not be entitled to a rebate, if he or
it –

(a) consumes water to in excess of the maximum quantity as may be

preserved in this behalf for any specified industry of local authority; or

(b) fails to comply with any of the provision of Section 25 of the Water
(Prevention and Control of Pollution) Act, 1974 or any of the
standards laid down by the Central Government under the
Environment (Protection) Act, 1956.

125
Agra Engineering Industries v State of U.P. 1981. All Law Journal 41.

216
 It may be mentioned that when the water is supplied by any local authority to any
person carrying on any specified industry or for domestic purpose or to other local
authority and such person or other local authority is liable to pay cess, the first mentioned
local authority will not be liable to pay such cess in respect of such water. The Schedule I
and II contains the specified industries and the purposes with the rate of cess respectively.
The aggrieved person or the local authority has right to appeal before the prescribed
appellate authority.

In Tata Iron and Steel Co. Ltd. V. State of Bihar126, the High Court was concerned
with the provisions of Section 7 as stood prior to 1991 amendment to relating to the
rebate. The company claimed rebate though its water treatment plant could treat only part
of the industrial effluent and sewage generated by the company. In its assessment order,
the Bihar Pollution control Board refused to grant rebate. The Court accepted the
contention of the company and held that the company is entitled to rebate though it was
not in the position to treat the entire trade effluent. Here question may arise whether this
approach was justified keeping in mind to the present state of water pollution. We can say
that this approach of the High Court is not justifiable.

The Madras High Court adopted the same liberal view where the company
installed a ‘relatively successful’ effluent treatment plant. The assessing authority had
declined the rebate, since the plant could not meet the prescribed standard of chemical
oxygen demand.

The logic was that as the assesse contributed towards the treatment of effluent, the
revenue ought to allow rebate.

The proceeds of the cess will be first credited to the Consolidated Fund of India
and the Central Government may pay to the Central or State Boards after deducting the
cost of collection. The Central Government has to take into account of the tax collected
by the State Government in deciding the amount payable to the State Board. Willful

126
A.I.R. 1991 Pat. 75.

217
evasion of tax by the concerned parties can make them liable to imprisonment up to six
months or fine or fine up to thousand rupees or both.127

It may be mentioned that it is not a pollution tax, ‘it may regarded as nominal
royalty paid by the industry for using the water’.128

6.11 WATER QUALITY ASSESSMENT AUTHORITY:

The Central Government in exercise of the powers conferred by Section 3 (1) and (3)
of the Environment (Protection) Act, 1986 constituted an authority known as “Water
Quality Assessment Authority” consisting of following members for a period of three
years with effect from 22.06.2001.

1. Secretary, Ministry of Environment and Forests Chairperson

2. Additional Secretary and Project Director, National

River Conservation Directorate, Ministry of Member
Environment and Forests
3. Chairman, Central Water Commission Member

4. Additional Secretary, Ministry of Water Resources Member

5. Advisor, National River Conservation Directorate,

Ministry of Environment and Forests. Member

6. Joint Secretary, Ministry of Agriculture and

Cooperation Member

7. Joint Secretary, Ministry of Urban Affairs and

Poverty Alleviation. Member

8. Chairman, Central Ground Water Authority. Member

127
M.N. Murthy; Environemntal regulations and Policies, Edited by Rabibdra N Bhattacharya:
Environmental Economics An Indian perspective, 2001 Oxford University Press, New Delhi 110001,
P.105.
128
Ibid, foot note p-105.

218
9. Chairman, Central Pollution Control Board. Member

10. Director, Indian Agricultural Research Institute,

New Delhi. Member

11. Director, National Environmental Engineering

Research Institute, Nagapur. Member

12. Commissioner (Water Management), Ministry

of Water Resources Member-Secretary

The authority shall exercise the following powers and functions:

1. The authority shall exercise powers under Section 5 of the Environment

(Protection) Act, 1986 for issuing directions and for taking measures with respect to
following matters:

(a) Carrying out and sponsoring investigations and research relating to

problems of environmental pollution;

(b) Establishment or recognition of environmental laboratories and institutes

to carry out the functions entrusted to such environmental laboratories and
institutes under the Environment (Protection) Act, 1986;

(c) Collection and dissemination of information in respect of matters relating

to environmental Pollution;

(d) Preparation of manuals, codes or guides relating the prevention, control

and abatement of environmental pollution.

2. The authority shall direct the agencies (government/local bodies/non-

governmental) for the following:

(a) to standardize method(s) for water quality monitoring and to ensure

quality of data generation for utilization thereof;

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(b) to take measures so as to ensure proper treatment of waste water with a
view to restoring the water quality of the river/water bodies to meet the
designated-best-uses;

(c) to take up research and development activities in the area of water quality
management;

(d) to promote recycling/re-use of treated sewage/trade effluent for irrigation

in development of agriculture;

(e) to draw action plans for quality improvement in water bodies, and monitor
and review/assess implementation of the schemes launched/to be launched
to that effect;

(f) to draw scheme(s) for imposition of restriction in water abstraction and

discharge of treated sewage/trade effluent on land, rivers and other water
bodies with a view to mitigating crisis of water quality;

(g) to maintain minimum discharge for sustenance of aquatic life forms in

riverine system;

(h) to promote rain water harvesting;

(i) to utilize self-assimilation capacities at the critical river stretches to

minimize cost of effluent treatment;

(j) to provide information to pollution control authorities to facilitate

allocation of waste load;

(k) to review the status of quality of national water resources (both surface
water and groundwater) and identify “Hot Sports” for taking necessary
actions for improvement in water quality’;

(l) to interact with the authorities/committees constituted or to be constituted

under the Provisions of the said Act for matter relating to management of
water resources;

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 (m) to constitute /set-up State-level Water Quality Review committees to co-
ordinate the work to be assigned to such committee; and

(n) to deal with any environmental issue concerning surface and ground water
quality which may be referred to it by the Central Government or the State
Government relating to the respective areas, for maintenance and/or
restoration of quality to sustain designated – best – uses.

3. The authority shall exercise the powers under Section 19 of the Environment
(Protection) Act, 1986, which relates to cognizance of offences.

4. The authority may appoint domain experts for facilitating the work assigned to
it.

5. The Ministry of Water Resources shall create a cell to assist the authority to
carry out the assigned functions.

6. The Authority is required to furnish report about its activities at least once in
three months to the ministry of Environment and Forest.

6.12 POST-STOCKHOLM: CITIZEN SUITS; RIGHT OF INFORMATION;

Citizen’s suits
Some people suggest that the beginnings of the Indian environmental laws were
sown at the United Nations Conference on Environment held in Stockholm, Sweden in
1972. The conference came after wider realization that environmental crisis had reached
global proportions and that countries around the world needed to establish a universal
framework with which they could protect their global environment. The crisis had
reached near global catastrophe and that what was needed was stringent regulations for
environmental statutory laws to help the body of common laws which were already being
outdone in the name of growth and development. So began the water (Prevention and
Control Pollution) Act, 1974 as the real foundation for the environmental protection Act,
1986, followed.

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 The real focus, as in any other enforcement issue, is the accessibility and
transparency of the whole enforcement process as well. Section 19 of the Environment
Protection Act, 1986 states that if any person violates any provision of the Act or any
orders or directions made there under, such persons can be prosecuted in a criminal court.
But this only happen if the authority (in this case the pollution control board) responsible
for prosecuting the polluter fails to do so within 60 days of receiving complaint, people
can approach the criminal court and have that polluter appropriately punished under
Sections 15, 16, or 17 of the Act.

Until the coming of the Environmental protections Act, 1986, the prosecutions
under the Indian environmental laws could only be done by the Government. Public
Interest Groups or citizens had no statutory remedy against a polluter who discharged
effluents beyond legally permissible limits other than those in common laws. But now,
under the Section 19 of the EPA, a citizen could now use the law to prosecute any
polluter/company but provided that a 60-day notice was given of the intent to prosecute.
Based on this provision the Air and Water Acts were amended to fall in line with the
above EPA provision. Section 49 of the Water (Prevention and Control of pollution) as
amended in 1988 and section 43 of the Air Act as amended in 1987 provided that new
window of the citizens enforcement of environmental laws of India other than those of
the common law.

Evidently, the Bhopal Gas tragedy compelled the government of India to began
thinking about citizen’s empowerment in environmental enforcement issues. Eventually,
in 1995, the government of India issued a gazette notification empowering local
communities with the right of information regarding hazardous activities surrounding
their environment, predominantly from the industries. The rules set in the gazette were in
accordance with Section 10 and Section 11 of the EPA, 1986. it was suggested that the
four-tier crisis group at the Local, District, State and Central levels comprising of village
heads, local NGOs, social workers, media persons, health practitioners, and local
administrators would be empowered by the Central Government to “..enter, inspect, and
collect suspected industrial samples from their neighborhood factory units, and therefore

222
respond to all public enquiries on that subject in that particular area. As per the draft
notification, the Central Government was going to constitute a central crisis group and set
up an alert system within 30 days of notification which will comprise state, district, and
local level groups.

Consequently, these provisions did not fully accommodate citizen’s

empowerment tools. First, the 60-day prior notice given in the Section 19 of EPA, 1986
gave a polluter enough time to legally get away with the purported environmental crime.
Nevertheless, a citizen’s sample was not legally admissible in the court of law. Only a
pollution control board was a legal institution to submit an environmental sample in a
court of law. In the United States, a citizen has a right to submit an environmental sample
under an affidavit and hence have that sample allowed in a court of law. This is not the
case with India.

The Right to Know:

The Right to know comes under fundamental Right to speech in the constitution
of India as stipulated in Article 21 of the Indian Constitution. In the aspects of
Environmental law, this has been recognized by Justice Mathew in 1975 in a ruling on
State of Uttar Pradesh vs. Narain and also by Justice Mukherji in 1989 in Reliance
Petrochemical Ltd vs. Proprietors’ of Indian Express Newspapers Bombay. However, the
right to know has become a costly issue in Indian Environmental Justice movement. For
example, to obtain information from a particular polluting unit in question, one has to
approach the Pollution Control Board. Being a government’s agency, the PCB is liable to
the Indian Evidence Act that prohibits a person from parting with any information passed
on to him in his official capacity. Section 123 and 124 of the Act implies that the Court of
Law can be denied access to documents if it is the Government’s opinion that the
documents relate to affairs of the state or country. Similarly, the amendments made to the
commission of Inquiry Act (1962) make it possible for the Government to withhold
information if it feels that it is in the state or national interest to do so.

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6.13 LEGAL CHALLENGES FACING THE POLLUTION CONTROL
BOARDS (PCBS):

In India, the Central Pollution Control Board was established under the provision
of the Water (Prevention and Control of Pollution) Act, 1974. This follows the
recommendations of the special committee that was set up in 1962 to draw a draft
enactment for the prevention of water pollution. CPCB was a response that was sought to
curb the pollution of various water resources in the country that was already affecting the
quality of potable water and the overall ability of water to sustain rapid level of pollution
by development activities.

Any environmental legislation is based on resources and tools for enforcement.

Any pollution control authority must require instruments for such regulatory approach.
These include a variety of economic incentives; fair, efficient, relevant and updated
regulation with accompanying environmental standards and norms; effective guidelines
for enforcement and effective public participation. For a long time since 1974, many
polluters have disregarded the directions of pollution control boards and violating the
conditions of consent with impunity. This is because since from the start, PCBs have not
been fully empowered to exercise coercive powers of their own; and most part of this
comes from the clash of jurisdiction of powers. The core of contention is the fact that
PCBs face hostile legal provisions for penal action against polluters.

Overdependence of the legal system is perhaps one of the major problems

engulfing enforcement actions by the PCBs. Unlike several other countries such as the
US, UK, Canada and Australia where regulatory agencies have clearly defined mandate
to prosecute polluters without approaching the courts of law, in India, PCBs are required
to approach the judiciary for this purpose. This often encourage legal wrangling by
polluters.

In accordance with the EPA, the PCB must file a case before the lower court for
action against a polluting unit and therefore the “onus of proof” is always vested with the
PCB. The fact is lower courts are too busy to devote enough time for environment related

224
litigations, unlike in the case of Supreme Court and Green Benches of Higher Courts. As
a result, thousands of legal cases filed by PCBs against polluters are still pending for
many years. Nevertheless, in the number of cases where decisions have been reached,
polluters have been given benefit of the doubt because of failure of PCBs to satisfy the
courts with the “onus of proof”. Polluters also engage in prolonged legal wrangling even
after convictions to escape deterrent penalties. They recruit highly paid professional
lawyers to plead with their cases whereas the PCBs are disenchanted with the legal
procedures. This is why most PCBs would rather go for an arbitrary decision by taking
direct action as under Section 33 (A) of the Water (Prevention and Control of Pollution)
Act, 1974. This sometimes comes with heavy legal consequences against the PCB.

6.14 CONCLUSION:

The Government as well as Parliament both have taken a number of steps to

control the water pollution, but nothing substantial has been achieved. The Water
(Prevention and Control of Pollution) Cess Act, which deals with the collection of duty
for consumption of water by various authorities. This duty has been said to be not a tax,
but pollution duty. Object is to collect the resources for the effective functions of the
Boards from the person carrying on the specified industry and by the local authorities. It
means, more the pollution, more the collection. As the collection will be assigned to the
Boards, the financial dependence of the Board is made upon the collection of duty for
pollution. This may create a trend to allow the pollution on payment of cess. Negative
impact may come out from the detection of pollution, not the control and abatement of
pollution, being the basis of collection of fund.

The Environment (Protection) Act is the umbrella Act dealing with all the
components of the environment. The Central Government has been given wide powers to
make rules, fix standards of water.

Thus, for the abatement of water pollution, there are sufficient of laws dealing
with various matters, sometimes overlapping one another.

From the above accounts of various legal environmental aspects that both pre-
Stockholm and post-Stockholm provisions are as much important when mutually taken

225
into account as they would be if taken separately. There is a need to improve penalties in
common law provisions so that they can match up with the impact of environmental
crimes. Bar of jurisdiction as laid down in the Water and Air Acts should not be allowed
to interfere with the Common law jurisdiction. Justice is a fundamental right of every
citizen and so it is important that citizens should be empowered to present legal sample in
the court of law. The right to know is a basic pillar for environmental justice and denying
a citizen that right is equal to denying the citizen the right to fight pollution crimes.
Despite their success, PILs still do not entirely gives a citizen the right of claims or
compensation. Moreover, in India, many environmental lawyers are classified under the
‘pro bono’.

The most important part in the post-Stockholm statutes is the ability of citizens to
pursue environmental justice in various legal gateways one of which involving the
inclusion of the Government Agency in fighting the environmental crime. Pollution
Control Boards have been clear and visible powers to make sure that the industrial
facilities comply with the laws laid down and what enforcement is carried out at
maximum efficiency. But, clearly, the only way to carry out environmental enforcements
is the active inclusion of ordinary citizens in ensuring that the environmental loss of the
land or not flouted.

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