Environmental Pollution

(Water & Air)

Module - IV

Types, causes and effect

TYPES
Air pollution
Water pollution
Land pollution
Noise pollution
Radioactive pollution
Thermal pollution
Light pollution

Causes
Natural causes (storms, volcanic
eruptions)
Man-made causes
Population growth
Poverty
Urbanization
Industrialization

Water Pollution
Causes
Industrial
Pesticides & Fertilizers

effluents,

Domestic

sewage,

Effects on human health and aquatic flora and fauna

Legislation The Water (Prevention and Control of
Pollution) Act, 1974
Judicial decisions

e.g. - Ganga Pollution cases,

Vellore Citizen Welfare
Forum case

Air pollution
Causes burning fuels, industries (mining etc.),
electro-magnetic
radiations,
radioactive
waste,
natural disasters (volcanic eruptions)
Effects visible as acid rain, ozone layer depletion,
green house effect, smog and leads to health
ailments like cancer, respiratory illnesses etc.;
behavioral changes in animals
Legislation The Air (Prevention and Control of
Pollution) Act, 1981
Judicial decisions Taj Trapezium case,
Oleum Gas Leakage case,
Bhopal Gas Leakage case etc.

Land pollution
Causes
Industrial
Fertilizers, Plastics

discharges,

Pesticides

&

Effects on human beings, animals, plants

Legislation The Environment (Protection) Act, 1986
& various Rules
Judicial decisions Bicchary Village Case,
Ratlam Municipality Case etc.

Noise pollution
Cause Noise
Effects on human health, property
Legislation The Air (Prevention and Control of
Pollution) Act,
1981
The Noise Pollution (Regulation and Control)
Rules,
2000
Judicial decisions Bijayananda Patra Case

Radioactive Pollution
Cause: radioactive substances
wastes, nuclear accidents

and

Effect: on human beings, plants and

animals
Legislation: The Atomic Energy Act,
1962

Water
Public Trust Doctrine: govt. a trustee
for the protection and preservation of
natural resources
Resolution 64/292 adopted by the
General Assembly on The human
right to water and sanitation [28
July, 2010] acknowledges that clean
drinking water is essential for
realisation of all human rights.

 UN Committee on Economic Social

and Cultural Rights adopted General
Comment 15 (November 2002)
provided for right to water.
International Decade for
Water for Life 2005 2015

Action

The Water (Prevention and Control of Pollution) Act,

1974
-

Background for the passage of Water Act, 1974

Passed under Article 252 of Constitution of India

Purpose of the Act

(a) prevention and control of Water Pollution
(b) providing for administrative machineries for prevention
and control of Water Pollution, i.e.- CPCB and SPCBs
(c) maintaining and restoring the wholesomeness of water
(d) penalties for the contravention of provisions of the Act
(e) establishment of Centre and State Water Testing
Laboratories

The Water (Prevention and Control of Pollution) Act,

1974
Central Pollution Control Board
(Composition, Functions & Powers)
Composition
(a)
(b)
(c)
(d)
(e)
(f)

1
5
5
3
2
1

member full time chairman, qualifications

members nominees of Central Government
members from SPCBs
members representatives of Agriculture, fishery, trade
members representatives of companies
member full time member secretary with qualification

The Water (Prevention and Control of Pollution) Act,

1974
Central Pollution Control Board
(Composition, Functions & Powers)
-

CPCB as a body corporate

Members and Officers of Board to be public servant

- Section 50 of the Water Act
- Section 21 of Indian Penal Code

Disqualifications
(a) Insolvency
(b) Unsoundness of mind declared by court of competent
jurisdiction
(c) Conviction for an offence involving moral turpitude

The Water (Prevention and Control of Pollution) Act,

1974
Central Pollution Control Board
(Composition, Functions & Powers)

Disqualifications
(d) Conviction for any offence under the Act
(e) Involvement in the business of sewage treatment
machineries
Tenure of membership (Section 5) 3 years

The Water (Prevention and Control of Pollution) Act,

1974
Central Pollution Control Board
(Composition, Functions & Powers)
-Functions (Section 16)
(a)
Main function cleanliness of streams and wells
streams Section 2 (j)
(b)
Other functions
- to advise the Central Government
- to coordinate the activities of SPCBs and resolve disputes among them
- to organize the training programme
- comprehensive programme through mass media
- preparation of technical and statistical data
- standard of discharge of effluents and sewage in streams
- to plan and execute nationwide programme for prevention, control and
abatement of water pollution
- to establish or recognize water testing laboratories

The Water (Prevention and Control of Pollution) Act,

1974
Central Pollution Control Board
(Composition, Functions & Powers)
-

Powers of CPCB (a) Power to give directions Section 18

(b) Restraints orders Section 33A

The Water (Prevention and Control of Pollution) Act,

1974
State Pollution Control Board
(Composition, Functions & Powers)
Composition (Section 4)
(a) 1 member full time or part time chairman, qualifications

(b) 5 members nominees of State Government

(c) 5 members from local authorities
(d) 3 members representatives of Agriculture, fishery, trade
(e) 2 members representatives of companies owned or
managed by State government
(f) 1 member full time member secretary qualifications -

The Water (Prevention and Control of Pollution) Act,

1974
State Pollution Control Board
(Composition, Functions & Powers)
Functions (Section 17)
(a) To plan a comprehensive programme for prevention, control
and abatement of pollution of streams and wells in state
(b) To advise the State government on matters relating to
prevention, control and abatement of water pollution
(c) To collect and disseminate the information relating to
prevention, control and abatement of water pollution
(d) To collaborate with CPCB in training of persons
(e) Inspection of ETP, sewage, effluents for granting the consent
(f) To lay down standard for effluent / sewage discharges
(g) To evolve economical and reliable methods for treatment of
sewage / effluents.

The Water (Prevention and Control of Pollution) Act,

1974
State Pollution Control Board
(Composition, Functions & Powers)
Functions
(h) To evolve the methods for utilization of sewage in
agriculture
(i) To evolve efficient methods of disposal of sewage and
trade effluents on land
(j) To establish or recognize the water laboratories
(k) To advise the State government as to location of any
industry

The Water (Prevention and Control of Pollution) Act,

1974
State Pollution Control Board
(Composition, Functions & Powers)
Powers
(a)
(b)
(c)
(d)

Power to obtain information (Section 20)

Power to take sample of effluents for analysis (Section 21)
Power of entry and inspections (Section 23)
Power to grant consent / to refuse or withdraw the consent
Section 25, 26, 27 & 28
(e) Power to carry out certain works (Section 30)
(f) Power to make application to the court for restraining
apprehended water pollution (Section 33)
(g) Power to order closure etc. (Section 33A)

The Water (Prevention and Control of Pollution) Act,

1974

Offences by Companies (Section 47)

Offences by Government Department (Section 48)

Cognizance of Offences (Section 49)

The Water (Prevention and Control of Pollution) Act,

1974
Penalties under the Water Act
(Section 41 to 45 A and Section 46)
(a) Failure to comply with directions given under Section 20
upto 3 months or with fine upto Rs. 10000/- or with both
Rs. 5000/- for each day delay
(b) Failure to comply with directions of court under Section 33
as above
(c) Failure to comply with direction issued by Board as under
Section 33A
as above
(d) Contravening the consent order or conditions
1.5 years to 6 years with fine

The Water (Prevention and Control of Pollution) Act,

1974
Penalties under the Water Act
(Section 41 to 45 A and Section 46)
(e) Enhanced penalty in cases of subsequent conviction
- 2 years to 7 years with fine
- publication of name of offender, offence
committed &
penalty imposed at the cost of offender

The Water (Prevention and Control of Pollution) Act,

1974
Mrs. Sushetha vs. State of Tamilnadu
(2006) 6 SCC 543

Facts of the case widening of the highway connecting

Chennai with Mahabalipuram rehabilitation of displaced
person by construction of a commercial complex over
disused water tank land

Observations of the Court Right to get drinking water is

the part of right to quality life

The Water (Prevention and Control of Pollution) Act,

1974
Narula Dyeing & Printing Works vs. Union of India
AIR 1995 Guj 185
-

Discharge of industrial effluents in Khalicut canal pollution

of fertile land

Consent order if conditions are not complied with, the

consent lapses

Section 5 of Environment Protection Act, 1986 power of

central government to order closure etc.

Contention of petitioner the principle of Natural Justice is

not followed in ordering the closure

Petition dismissed

The Water (Prevention and Control of Pollution) Act,

1974

Mahabir Soap and Gudakhu Factory vs. UOI and

others
AIR 1995 Orissa 218
Mahabir Gudakhu factory operating since 1957 in thickly
populated area polluting the water reservoir meant for
drinking purposes

No Consent Order obtained under Water Act

Section 5 of the Environment Protection Act, 1986 show

cause notice to factory reply by Managing partner order
of closure

Thereafter application for Consent Order denied basis :

location in thickly populated area

The Water (Prevention and Control of Pollution) Act,

1974

Vijayanagar Educational Trust vs. Karnataka State Pollution

Control Board
AIR 2002 Kant 123
Construction of Medical College and Hospital consent
application made SPCB sat over the application
Deemed Consent construction started a news item
appeared in Indian Express as to likelihood of water
pollution by construction activities writ petition filed
further construction stopped refusal of consent by SPCB
refusal of consent by SPCB upheld by State Appellate
Authority

Writ petition for quashing the order ground principle of

natural justice not followed

Petition allowed and orders quashed with certain

directions to SPCB

The Water (Prevention and Control of Pollution) Act,

1974
Delhi Bottling Co. Pvt. Ltd. Vs. Central
Board
AIR 1986 Del 152
-

Delhi Bottling Co. soft drink business

Section 33 on the basis of analysis report

Section 21 sampling procedure was not properly followed

Order of Metropolitan Magistrate quashed

The Water (Prevention and Control of Pollution) Act,

1974
Ambuga Petrochemicals Ltd. vs. AP Pollution Control
Board
AIR 1997 AP 41
-

Facts of the case in house treatment facility & ETP

situated outside for complete treatment declared as sick
industry production diminished started working only in
house treatment plant

Section 33A closure order was passed petitioner

contended it as excessive and disproportionate (see
grounds of contention)

Held action taken by Board is not excessive and

disproportionate

The Water (Prevention and Control of Pollution) Act,

1974
Stella Silks vs. State of Karnataka
AIR 2001 Kant 219
-

Silk manufacturing and export unit dyeing activities led to

pollution of water bodies

Under Section 33A order was passed contention of

petitioner - principle of natural justice was not followed
time was not given to rectify the pollution problem

Held petitioner violated terms and conditions of license;

petition not maintainable

The Air (Prevention and Control of Pollution) Act,

1981
Objects of the passage of act
(a) control of air pollution
(b) establishing the Boards
(c) empowering the Boards
(d) other incidental matters relating to maintaining the
standard of
quality of air
Backgrounds of the passage of act
(a) Study conducted by NEERI, Nagpur
(b) Detrimental effects of air pollutants
(c) UN Conference on Human Environment held at Stockholm,
1972
(d) Need of integrated approach

The Air (Prevention and Control of Pollution) Act,

1981
Amendment Act of 1987
-

Why amendment was made

- Changes made by the amendment

(a)Central Board can perform the functions of State Board
(b) Compulsion to obtain the consent in all cases
- Schedule in the Act of 1981, now omitted
(c) Power of State Board to obtain the information even in
case of unit located outside Air Pollution Control Area
- Air Pollution Control Area Section 19 of the Act

The Air (Prevention and Control of Pollution) Act,

1981
Amendment Act of 1987
(d) Punishment made stricter
(e) Any person can complain before the court in case of
violation of provisions of Air Act
(f) Omission of Schedule from the Act
(g) Provision as to direction of Closure etc.
(h) Board can make application to court for taking some action

The Air (Prevention and Control of Pollution) Act,

1981

- Section 2 (a) air pollutant

-

Section 2 (b) - air pollution

The Air (Prevention and Control of Pollution) Act,

1981

K. Muniswami Gowda and another vs. State of Karnataka

and others
1998 (3) Kar LJ 594
Facts of the case Rice mills causing air pollution
residential houses effected appropriate direction was
sought for shutting down of Rice mills
Relevant provisions
Section 17 functions of State Board
Section 18 power to give directions
Section 19 Air Pollution Control Area
Section 21 requirement of consent from board
Notification of state board exempting the Rice mills from
the purview of Air Act was challenged
Notification declared ultra vires & petitioner awarded
exemplary damages

The Air (Prevention and Control of Pollution) Act,

1981

Jadav Soap Works vs. Union of India and Others

AIR 2000 Gau 47
Small scale soap industry since 1948 operating without obtaining
the consent

Section 31 A Closure order passed writ application to quash the

impugned order

Relevant provisions
Section 31 A - subject to the other provisions of the Act
Section 22 - emission of air pollutant as per standard laid
down
by the Board
Contention of petitioner
(a) no opportunity was given to obtain the consent
(b) no finding regarding pollution
Closure order quashed direction given to obtain the consent

The Air (Prevention and Control of Pollution) Act,

1981
Mahabir Coke Industry vs. Pollution Control Board
AIR 1998 Gau 10
-

Coke industry consent under Water Act in 1993 declaration of

air pollution control area - show cause notice to petitioner to
obtain consent as under 1987 amendment act application
processed in 1995 consent order refused and closure order
passed reason black smoke emission since last two years

Writ petition for quashing the closure order High Court ordered to
restart the industry

Basis of decision nature and standard of emission of air

pollutants in black smoke was not laid down

Flaws in the decision in reference to Schedule of Environment

Protection Rules

The Air (Prevention and Control of Pollution) Act,

1981

Animal Feeds Diaries & Chemicals Ltd. vs. Orissa State Board
AIR 1995 Orissa 84
Facts of the case in 1975 factory set up for manufacture of cattle and
poultry feeds in 1986 declaration of air pollution control area factory
came in this area notification did not cover the cattle feed industry
amendment of 1987 than consent granted for a time period subject to
condition subsequent later on the application of renewal of consent was
processed in the mean time closure order passed basis was the bad
odour coming out of the factory

- Question before the court (contention of petitioner) (a) Whether Member Secretary of Board is empowered to pass the closure
order
(b) Whether Board requires the direction of Central Govt. in passing the
closure order - construction of Section 31A
(c) Merely coming out of bad odour can it become a ground for passing
closure order and if no finding is available

- Held closure order quashed with a direction to move for renewal of consent