ASSIGNMENT
Of
POWERS OF BOARD UNDER WATER ACT, 1974
SUBMITTED BY: SUBMITTED TO:
AMISHA GAUTAM PROF. SARITA
UID: 18BAL1099
SEMESTER: Vth
ACKNOWLEGMENT
The success and final outcome of this assignment required a lot of guidance and assistance and I am
extremely fortunate to have got this all along the completion of my assignment. Whatever I have done
is only due to such guidance and assistance and I would not forget to thank them.
I respect and thank Prof. Sarita for giving an opportunity to do this assignment and providing me all
support and guidance which made me complete the assignment on time given by her. I am extremely
grateful to her for providing such a nice support and guidance.
INTRODUCTION
With the growth of hazardous industries, risks from accidents processes and operations, not only to
the persons employed in such undertakings but also to the public who may be in vicinity, have
increased. The people who are affected by accidents in the hazardous installations are, very often,
economically weaker sections and suffer great hardships because of delayed relief and compensation.
While the workers and employees of hazardous installations are protected under separate laws,
members of the public are not assured of any relief except through long legal process. To ameliorate
the sufferings of members of the public due to accidents which take place in hazardous installations, it
was found essential to provide for mandatory Public Liability Insurance. To achieve this objective the
Public Liability Insurance Bill was introduced in the parliament.
The Public Liability Insurance Act, 1991 is in consonance with the spirit of principle 13 of the Rio
Declaration, in as much as it aims at providing for public liability insurance for the purpose of
providing immediate relief to persons affected by accident occurring while handling any hazardous
substance or matters connected therewith or incidental thereto.
Question:
Discuss power of Board to give directions under Water Act, with respect to relevant cases.
Answer:
Section 33A of Water Act, 1974 deals with the power to give directions.
The State Pollution Control Board may, in exercise of its powers and performance of its functions
under the Water Act, issue any direction in writing to the person, officer or authority, and such person,
officer or authority shall be bound to comply with such directions. The power to issue directions
includes the power to direct the closure, prohibition or regulation of any industry, operation or proves
or the stoppage or regulation of electricity, water or any other services.
In Ambuja Petro Chemical V. A.P. Pollution Control Board AIR 1997 AP 41 case,
a petition was filed before the court against misappropriate order of the Andhra Pradesh Pollution
Control Board requiring the closure of the factory premises of the petitioner. The petitioner was
issued with a notice alleging that the effluent sample disclosed the values are in excess of the standard
prescribed by the State Pollution Control Board. It was also alleged that the petitioner was not lifting
the effluent for final treatment and disposal. Thereafter, THE State Pollution Control Board issuedthe
preceding for the closure of the unit, which was challenged in the writ petition. While dismissing the
writ petition, the Andhra Pradesh High Court opined that the order passed by the State Pollution
Control Board directing the closure of the industry is not appropriate. However, the court said that it
was always open to the petitioner’s industry to comply with the directions issued by the State
Pollution Control Board for restarting its industrial activities.
In M.C. Mehta V. Union of India (1997)2 SSC 411 case,
the court upheld the order of closure of tanneries made by the Board since the tanneries in Calcutta
were operating in violation of the provision of Water (Prevention and Control of Pollution) Act, 1974
as well as Environment (Protection) Act, 1986.
