Central Pollution Control Board (CPCB)

Central Pollution Control Board (CPCB), Objectives and Functions

Central Pollution Control Board (CPCB) is India's apex body under the Ministry of Environment, responsible for monitoring and controlling air and water pollution, setting environmental standards, and promoting sustainable environmental practices.

Table of Contents

Context:

The Supreme Court has affirmed that Pollution Control Boards (PCBs) have the authority, under the Water Act and Air Act, to levy environmental compensation on polluting entities.
A bench of Justices P.S. Narasimha and Manoj Misra clarified that PCBs may seek restitutionary or compensatory damages either through fixed monetary penalties or bank guarantees, serving as preventive measures to avert potential environmental damage.

Central Pollution Control Board (CPCB)

Central Pollution Control Board (CPCB) is a statutory body constituted in 1974, under the Water (Prevention and Control of Pollution) Act, 1974. It is also entrusted with the powers and functions under the Air (Prevention and Control of Pollution) Act, 1981.

Objectives

To monitor and control pollution in the air and water.
To advise the Central Government on matters concerning the prevention and control of pollution.
To coordinate the activities of the State Pollution Control Boards (SPCBs).
To conduct research and development on pollution issues.
To lay down national standards for environmental quality.

Functions

Preventing, controlling and abating water pollution
Preventing, controlling, and abating air pollution & Improving air quality.
Advising the central government on water and air pollution

Pollution Control Boards (PCBs) Statutory Authority to Levy Compensation

Supreme Court expanded the powers of Pollution Control Boards (PCBs).
PCBs can impose and collect restitutionary and compensatory damages to restore polluted air and water bodies.
May demand fixed monetary sums or bank guarantees as preventive (ex-ante) measures under:
- Section 33A, Water Act, 1974
- Section 31A, Air Act, 1981

Scope and Limits

Compensation is not for every statutory violation.
Applicable only when:
- Environmental damage has occurred, or
- Damage is imminent.
Must first frame subordinate legislation (rules/regulations) under both Acts.
Rules must follow natural justice and fair process before imposing compensation.

Jurisprudence Supporting the Ruling

Based on Vellore Citizens Welfare Forum (1996) and Indian Council for Enviro-Legal Action (1996).
These cases established environmental restitution as a constitutional and statutory duty, distinct from punitive measures.

Principles Laid Down by the Court

1. Remedial vs Punitive

Restitutionary compensation = preventive/remedial
Fines/imprisonment = punitive, require judicial procedure.

2. Non-punitive nature

Monetary compensation for environmental damage is not punitive if imposed under regulatory powers.

3. Polluter Pays Principle applies when

Environmental thresholds breached, causing damage.
Damage occurs even without threshold breaches.
Significant environmental risks were identified, irrespective of breaches.

4. Preventive duty

PCBs must act proactively (ex-ante) even without proven damage.

Broad Mandate and Responsibilities

PCBs have wide powers under the Water & Air Acts to:
- Shut down industries.
- Stop essential services.
- Issue remedial directions.
Linked to the State’s constitutional duty under Article 51A to protect the environment.
Emphasised the importance of air and water protection amid the climate crisis.

Strengthening Remedial Jurisprudence

Expansion of the right to a clean environment requires strong remedial powers.
Injunctions or compensation alone are inadequate.
Restitutionary measures to restore ecosystems must be a core part of environmental enforcement.

Features of New Classification of Industries

Industries are classified into 5 categories according to their pollution potential.
A new category, called the “Blue Category”, has been introduced specifically for industries that provide Essential Environmental Services (EES).
It includes industries or utilities essential for environmental management, such as:
- Waste-to-Energy plants
- Certain Compressed Biogas (CBG) plants
- Landfill maintenance services
- Biomining operations
Extended Validity: Industries in the Blue category will receive an additional 2 years of validity for their Consent to Operate (CTO), as an incentive.

Criteria and Examples of Industries

Industry	Pollution Index (PI) Range	Examples
🔴 Red	PI > 80	Thermal power plants, Cement manufacturing, Tanneries
🟠 Orange	55 ≤ PI < 80	Brick manufacturing, Dry cell batteries, coal washeries etc.
🟢 Green	25 ≤ PI < 55	Ice cream manufacturing, Assembly units (non-polluting)
⚪ White	PI < 25	Solar power generation, Medical oxygen etc.
🔵 Blue	Variable PI	Waste to Energy plants, Landfill operators, CBG plants