Authority: Supreme Court of India

Order Date: 16-10-2026

Case Overview

  • Parties: Delhi Pollution Control Committee (DPCC) & others (Appellants) vs Union of India (Respondent) and Lodhi Properties & others (Respondents) in Civil Appeal Nos. 757‑760/2013.
  • The Court previously observed asymmetry between the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Environment (Protection) Act, 1986.
  • The Court considered the note filed by Amicus Curiae Ms. Shibani Ghosh highlighting statutory disparities.
  • The Court directed the Ministry of Environment, Forest & Climate Change (MoEFCC) to act.

Directions

  • MoEFCC issued an order dated 14‑10‑2026 constituting an Expert Committee to study the suggestions of the Amicus Curiae and the Court’s observations.
  • Committee composition:

1. Joint Secretary, In‑Charge of CP Division – Chairperson

2. Nominee of CPCB – Member

3. Nominee from IA Monitoring Division of MoEFCC – Member

4. Nominee from Policy & Law Division of MoEFCC – Member

5. Nominee from DPCC – Member

6. Nominees from Bihar, Gujarat, Kerala, Tamil Nadu and West Bengal Pollution Control Boards – Members

7. Director/Deputy Secretary, CP Division – Member (Secretary and convener)

  • Terms of Reference:

(i) Examine key differences between the Water Act, 1974 and the Air Act, 1981, including consent mechanisms, board directions, appellate and revisional provisions, and recommend amendments to harmonise the two Acts and, where necessary, the Environment (Protection) Act, 1986.

(ii) Examine recent de‑criminalisation amendments to both Acts covering offences, penalties, adjudication and appeals, and recommend measures for uniform and effective implementation.

(iii) Identify rules, regulations and guidelines needed for consistent subordinate legislation under the two Acts and examine any other issues incidental to their harmonisation and implementation.

  • The Committee must submit its report within three months of the order.
  • The Ministry will take appropriate decisions on the recommendations and file an affidavit before the Court on follow‑up actions by the end of February 2027.
  • The Court noted the need for rules/regulations on environmental damage costs; a Draft Environmental Damage Cost Assessment Report has already been submitted to the Committee, and the forthcoming affidavit will detail steps taken to formulate such rules.

Final Outcome

  • An Expert Committee is constituted with a clear mandate and timeline; the Ministry is required to report back to the Court with an affidavit by February 2027, ensuring progress on harmonising water and air pollution legislation and on formulating environmental damage cost regulations.

Topics: Environmental Law, Pollution Regulation