Section 33A – Water Act, 1974,Section 31A – Air Act, 1981

 

🔹 Section 33A – Water Act, 1974

Title: Power to give directions

📜 Text of the Section:

Notwithstanding anything contained in any other law, and subject to the provisions of this Act, the Central Board or a State Board may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.

🔧 Key Powers:

• The Pollution Control Board (Central or State) can issue written directions to:

  • Industries

  • Officers or authorities

• These directions can include:

  • Closure, prohibition, or regulation of any industry/process

  • Stoppage or regulation of supply of electricity, water, or any other service

🧭 Purpose:

• Empower regulatory authorities to take immediate and binding action in the interest of preventing water pollution.

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🔹 Section 31A – Air Act, 1981

Title: Power to give directions

📜 Text of the Section:

Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions the Central Government may give, the Central Pollution Control Board or a State Pollution Control Board may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.

🔧 Key Powers:

• Boards can issue mandatory directions concerning:

  • Closure, prohibition, or regulation of any industry, operation, or process

  • Stoppage or regulation of utilities like electricity or water

🧭 Purpose:

• Enables Pollution Control Boards to enforce air pollution control measures promptly and legally.

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✅ Summary Table

Feature	Section 33A (Water Act)	Section 31A (Air Act)
Year of Act	1974	1981
Applies to	Water pollution	Air pollution
Empowers	CPCB & SPCBs	CPCB & SPCBs
Powers Given	Issue binding directions	Issue binding directions
Includes	Industry closure, stopping electricity/water supply	Same as 33A
Legal Status	Overrides other laws	Overrides other laws

Case Law Tracker – Sections 33A (Water Act) & 31A (Air Act)

🧾 Statutory Power to Issue Binding Environmental Directions

S.No.	Case Name	Year	Key Legal Issue	Court’s Interpretation (Relevant to 33A / 31A)	Significance
1	Vellore Citizens' Welfare Forum v. Union of India	1996	Enforcement of pollution control in tanneries	Recognized Polluter Pays Principle and endorsed preventive action by Boards	Laid foundation for restitution + precaution
2	A.P. Pollution Control Board v. Prof. M.V. Nayudu	1999	Scientific expertise in pollution regulation	Upheld need for technical regulatory bodies like Boards to use their discretionary powers (like 33A/31A)	Supported scientific, pre-emptive enforcement
3	MC Mehta v. Union of India (Yamuna Industrial Units Closure)	1996–2000	Industrial pollution of Yamuna River	Directed closure of units under Water Act, based on recommendations by PCB under Section 33A	Boards seen as executive enforcers of environment
4	Ganga Pollution Case (MC Mehta)	1988–1998	Water pollution due to industries along Ganga	Emphasized Section 33A-like powers, even before they were formally added (inserted in 1988 amendment)	Strengthened restoration-based interpretation
5	Delhi Pollution Control Committee v. Delhi High Court	2025	Whether DPCC can impose restitutionary damages	SC upheld 33A & 31A powers to include monetary restitution, subject to rules & natural justice	Landmark: Expanded statutory interpretation of these sections
6	Alembic Pharmaceuticals v. Rohit Prajapati	2020	Relaxation of environmental clearance	SC held statutory safeguards can't be diluted even with government permissions; emphasized Board power	Stressed need to strictly apply environmental norms under existing laws
7	Municipal Council, Ratlam v. Vardhichand	1980	Municipal liability in sewage pollution	Although predating Section 33A, Court upheld that statutory bodies have a duty to act regardless of cost	Cited later in many Section 33A-related cases
8	Research Foundation for Science v. Union of India	2005	Hazardous waste management	SC ruled that regulatory authorities must proactively use statutory powers, including closure & cleanup	Encouraged rigorous use of enforcement sections

📌 Special Focus: 2025 Supreme Court Judgment

Case: Delhi Pollution Control Committee v. Delhi High Court
Date: August 4, 2025
Bench: Justice P.S. Narasimha & Justice Manoj Misra
Significance:

• Interpreted Sections 33A and 31A to include restitutionary and compensatory damages.

• Directed that Boards can impose penalties in advance (ex-ante) like bank guarantees.

• Directed framing of subordinate legislation (rules) to operationalise these powers.

• Focused on restoration of damaged ecosystems, not just penalty or closure.

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📚 UPSC-Oriented Notes

🧠 Remember:

• Section 33A (Water Act, added via 1988 amendment) is powerful but must follow natural justice.

• Section 31A (Air Act) mirrors 33A, giving similar power for air pollution control.

• Restitutionary damages ≠ Punitive — goal is ecosystem restoration.

📌 Recent Supreme Court Interpretation (2025 Judgment)

The SC clarified that:

• These powers also include the imposition and collection of restitutionary and compensatory damages, provided proper rules and regulations are framed under these Sections.

• Emphasized compliance with natural justice in implementation.