ENVIRONMENTAL LEGISLATION TO CONTROL

WATER POLLUTION

Prepared by:- Adv. Dr. Sadhana Mahashabde

Salient Features of Water Act, 1974• Act defines important definitions like Stream, Outlet, Sewer, Pollution, Trade Effluent, etc.

• Act Constitutesi. CPCBii. MPCBiii. Joint Boardwith terms and conditions of service, meeting etc.

• Lists the functions of above boards

• Lists power of the State Boards like i. Power to obtain information [S.20]ii. Power to take samples [S.21]iii. Power of entry and Inspection [S.23]

• State Board gives consent to establish and consent to operate [S. 24, S.25, S.26]

• Right to Appeal and Right to Revision [S.28, S.29]

• Stringent penalties and punishment

Maximum fine Rs. 5,00,000/- Maximum Punishment 7 years [S.41 to S.50]

• Power to give directions [S.15 to S.18]i. Central Government to State Governmentii. Central Government to SPCBiii. State Government to SPCB

Constitution of Central Pollution Control Board under Water Act, 1974 (CPCB) [S.3]CPCB is Constituted by Central Government and it has maximum 17 members

• One full time Chairman

• Maximum 5 members to represent Central Government

• Maximum 5 members to represent State Boards

• Maximum 3 members to represent the interests of agriculture, fishery or industry or trade

• Maximum 2 members to represent the companies or corporations

• One full time Member – Secretary (IAS)

Constitution of State Board under Water Act, 1974 [S.4]State Board is constituted by State Government and it has maximum 17 members

• One Chairman

• Maximum 5 members to represent State Government

• Maximum 5 members to represent Local Authorities

• Maximum 3 members to represent the interests of agriculture, fishery or industry or trade

• Maximum 2 members to represent the companies or corporations

• One full time Member – Secretary

Constitution of Joint Board under Water Act, 1974 [S.13 –S.14]Joint Board is constituted by Central Government for two or more Contiguous States or Union Territories• One Chairman• 2 members nominated by Contiguous States or Union Territories by

respective State Government• One member to represent local authorities from each States or Union

Territories by respective State Government or Union Territories • One member each to represent agriculture, fishery or industry or trade

from respective State or Union Territories by respective State Government • 2 members to represent the companies or corporations by Central

Government• One full time Member – Secretary

Functions of Central Board under Water Act, 1974 [S.16]For the Prevention, Control, Abatement of Water Pollution

• To advice Central Government

• To Co-ordinate the activities of State Board

• To guidance and assistance to State Board

• For training of persons

• Organize comprehensive programs

• Publish technical and statistical data

• Laydown Standards

Functions of State Board under Water Act, 1974 [S.17]For the Prevention, Control, Abatement of Water Pollution

• To advice State Government

• Plan comprehensive programs for state

• Collect information

• Investigation and Research

• Inspect sewage, trade effluents, plants

• Lay down standards

Sampling and Environmental Labs under Water Act, 1974Procedure laid down for sampling [S. 21]

• Notice to occupier

• Divide sample in two parts

• Container is sealed and marked

• Environment labs are established by CG, SG, CPCB and SPCB

Case Law

Delhi Bottling Company Pvt. Ltd. V/s CPCB _ AIR 1986 DEL 152

Pollution Control by SPCB under Water Act, 1974• Consent to Establish and Consent to Operate by SPCB [S. 24 to S. 26]

• Power to give directions like closure [S. 33]

• Power to stoppage of supply of electricity and water

Case Law

M. C. Mehta (Calcutta Tanneries Matter) V/s Union of India & Ors. _ 1997 (2) SCC 411

Appeals and Revisions against SPCB Consents/ Consent Conditions [S.28 and S.29]• Appeal is filed against Special Appellate Authority (at Mantralaya) not

in any of the courts

• Revision is also filed against Special Authority (Now in NGT)

Stringent Penalties and Punishments under Water Act, 1974 [S.41 to S.50]• Board has got power to obtain information [S.20] if infringed more Rs.

5000/- per day

• If obstructing SPCB person or measuring devises destroyed or fail to inform SPCB about any accident, provide false information etc. punishment up to 3 month and fine up to Rs. 10,000/-

• Fails to comply directions- maximum punishment upto 6 years or Rs. 5000/- per day

• If failure continue maximum punishment upto 7 years

Case Law

M. C. Mehta V/s Kamalnath _ 1997 (1) SCC 388

Important Cases

• M. C. Mehta (Calcutta Tanneries Matter) V/s Union of India & Ors.

_ 1997 (2) SCC 411

• M. C. Mehta V/s Union of India & Ors. (Ganga Pollution Case)

_ 1992 SUPP (2) SCC 633

• Vanshakti Public Trust & Ors. V/s MPCB & Ors.

_ Application No. 37 of 2013 NGT Order dated 02/07/2015

• Delhi Bottling Company Pvt. Ltd. V/s CPCB

_ AIR 1986 DEL 152

• Bhavani River- Shakti Sugar Mills Ltd. (Madras)

_ 1998 (6) SCC 335

• M. C. Mehta V/s Kamalnath

_ 1997 (1) SCC 388