The Air (Prevention and Control of Pollution) Act, 1981 | Environmental Law - CLAT PG PDF Download

Introduction

• The Indian Parliament enacted this Act under the authority of Article 253 of the Constitution.
• The Act aims to address air pollution and preserve air quality, following decisions made at the United Nations Conference on Human Environment in Stockholm, 1972, where India participated.

Aims of the Act

• Prevent, control, and reduce air pollution.
• Establish boards for effective implementation.
• Delegate powers and functions to these boards for air pollution management.
• Set standards for maintaining air quality.

Definition

• Air Pollutant: Any solid, liquid, or gaseous substance, including noise, present in the atmosphere at concentrations that may harm humans, animals, plants, property, or the environment.
• Air Pollution: The presence of any air pollutant in the atmosphere.

Air pollutants include: Smoke, soot, heat, fly ash, suspended particulate matter (SPM), noise, radioactive substances, vibrations, etc.Permissible/tolerable limit: A small quantity of pollutants that does not harm human health, as nature has a self-purification mechanism.Environmental pollution: Occurs when the quantity of pollutants is harmful to human beings, flora, fauna, etc.

Example: In the case of M.C. Mehta v Union of India (Taj Trapezium case), the court noted that emissions of sulphur dioxide from industries caused acid rain, damaging the Taj Mahal. 292 industries were ordered to close or switch to gas to reduce pollution.

Pollution is considered wrongful contamination of the environment causing material injury to individuals' rights. Noise is also regarded as a pollutant as it contaminates the environment and affects health.

Central Board

• The Act designates the Central Pollution Control Board (CPCB) as responsible for air pollution prevention and control, originally established under the Water (Prevention and Control of Pollution) Act, 1974.
• This approach avoids creating a new board, utilizing the existing CPCB for air pollution management.
• The Central Board also takes on the functions of State Boards in Union Territories and can delegate powers to specified individuals or groups.

State Boards

• State Pollution Control Boards (SPCBs), established under the Water (Prevention and Control of Pollution) Act, 1974, are also recognized as State Boards for air pollution prevention and control.
• SPCBs have the authority to exercise all powers and functions related to air pollution under this Act.

Meeting of the Board (Section 10)

• The Board is required to meet at least once every three months and follow the procedural rules outlined in the Air (Prevention and Control of Pollution) Rules, 1982.
• The Chairman has the authority to convene meetings for urgent matters as needed.
• Minutes of the meetings must be sent to the Central Board and the State Government.

Functions of Central Board (Section 16)

• Advise the Central Government on air quality improvement and pollution prevention.
• Plan and execute nationwide programs for air pollution prevention and control.
• Coordinate activities among States and resolve disputes.
• Provide technical assistance to State Boards and conduct research on air pollution issues.
• Perform functions of State Boards as specified by the Central Government.
• Organize training for individuals involved in air pollution prevention programs.
• Raise public awareness on air pollution prevention through mass media.
• Collect, compile, and publish data related to air pollution and prevention measures.
• Establish air quality standards.
• Disseminate information on air pollution matters.
• Carry out other prescribed functions.
• Establish or recognize laboratories to support its functions.
• Delegate functions to committees and take necessary actions for effective implementation of the Act.

Functions of State Boards (Section 17)

• Plan and implement comprehensive air pollution prevention and control programs.
• Advise the State Government on air pollution matters.
• Gather and share information about air pollution.
• Collaborate with the Central Board in training programs and public education on air pollution.
• Inspect control equipment, industrial plants, and manufacturing processes for compliance.
• Assess air quality in pollution control areas and take necessary actions.
• Set emission standards for air pollutants from various sources in consultation with the Central Board.
• Advise the State Government on suitable locations for industries that may cause air pollution.
• Perform other prescribed functions or those entrusted by the Central Board or State Government.
• Establish or recognize laboratories for efficient function performance.

In K. Muniswamy Gowda v State of Karnataka, the Karnataka High Court ruled that the State Board must follow government orders related to Section 17 of the Air (Prevention and Control of Pollution) Act, 1981. The State Government cannot direct the State Board on matters not mentioned in Section 17. The Board is not obligated to follow such orders.

The court ordered the closure of a rice mill causing air pollution from husk and dust, violating residents' right to life under Article 21 of the Constitution. The State Government was deemed to lack power to exempt any industry causing air pollution from the Act's jurisdiction.

Powers to Declare Air Pollution Control Areas

Section 19 of the Air Act empowers the State Government, in consultation with the State Board, to declare specific areas within the state as air pollution control areas. This declaration is made through a notification in the Official Gazette, following the prescribed rules.

Other Control Measures in Such Areas

• Modification of Areas: The State Government can modify existing air pollution control areas by extending or reducing their boundaries or declaring new areas, after consulting with the State Board.
• Fuel Prohibition: The State Government, in consultation with the State Board, may prohibit the use of certain fuels likely to cause air pollution in designated areas for a minimum of three months.
• Appliance Restrictions: The State Government can mandate the use of approved appliances only in premises within air pollution control areas.
• Material Burning Prohibition: The State Government may prohibit the burning of specific materials (other than fuel) that could cause air pollution in these areas.

Power to Take Samples of Air or Emission and the Procedure to be Followed (Section 26)

• The State Board has the authority to take samples of air or emissions for analysis from various outlets, such as chimneys, flues, ducts, or other prescribed outlets.
• The procedure for taking samples includes the following steps:
• Notice: The person taking the sample must serve a notice to the occupier or their agent, informing them of the intention to analyze the sample.
• Sample Collection: A sample of emission is collected for analysis in the presence of the occupier or their agent.
• Container Sealing: The sample is placed in marked and sealed containers, signed by both the person taking the sample and the occupier or their agent.
• Laboratory Submission: The containers are sent without delay to a laboratory established or recognized by the State Board for analysis.

Judicial Decisions

• In Ved Kaur Chandel v State of H.P: The H.P. State Pollution Control Board issued a "conditional consent" for establishing a tyre retreading factory before the final order. The industry agreed to follow the cold-retreading process with electricity, alleviating concerns about air and water pollution.
• In M.C. Mehta v. Union of India: The Supreme Court ordered the closure of a hot-mix plant near Delhi's international airport, emphasizing the need for relocating the plant with advanced technology if it was to resurface the runway, a matter of national importance.
• In Chhatisgarh Hydrade Line Industries v. Special Area Development Authority: The Pollution Control Board (PCB) denied permission for a hydrated lime factory near a government college and a hospital. The Supreme Court, in M.C. Mehta v. Union of India (Badkhal Lake & Surajkund case), ordered halting mining activities within a 2-km radius of Badkhal and Surajkund tourist resorts due to air and noise pollution, along with developing a 200-meter green belt.
• In Chaitanya Pulvarising Industry v. Karnataka State Pollution Control Board: The court ruled that if the Board grants consent with specific conditions and they are not met, the consent can be revoked. The Board must consider potential issues arising from industry closure, such as worker livelihood and owner injury, before taking action.
• In Suma Traders v. Karnataka State Pollution Control Board: The PCB's directions to close an industry and cut off electricity and water supplies were challenged. The court annulled the Board's orders, asserting that the State Government did not delegate such powers to the Board.
• In M.C. Mehta v Union of India (Brick Kilns Matter): The CPCB, following the Supreme Court's directive, ordered brick kiln industries to close by June 30, 1997, unless they shifted to new sites and adopted cleaner technologies. The Delhi Administration was tasked with assisting brick kilns in relocation.
• In Pollution Control Board v. Mahabir Coke Industry: The Board instructed the industry to meet standards or install air pollution control devices. The Supreme Court upheld the Board's directive.

Conclusion