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Supreme Court of India

Delhi Pollution Control Committee v. Lodhi Property Co. Ltd. Etc.

Neutral citation
Reported as [2025] 8 S.C.R. 362
Bench Pamidighantam Sri Narasimha and Manoj Misra JJ.
Decided 3 August 2025

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the Boards have the power to direct the payment of environmental damages, we make it clear that this power must always be guided by two overarching principles.

Judgment, page 30

From the headnote

Issue for Consideration Whether the regulatory boards can, in exercise of powers u/s.33A of the Water Act and s.31A of the Air Act, impose and collect as restitutionary and compensatory damages fixed sums of monies or require furnishing bank guarantees as an ex-ante measure towards potential environmental damage. Headnotes† Water (Prevention and Control of Pollution) Act, 1974 – s.33A – Air (Prevention and Control of Pollution) Act, 1981 – s.31A – The Division Bench of the High Court held that DPCC (regulatory body/Board) is not empowered to levy compensatory damages in exercise of powers

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