Section 33 of WPCPA : Section 33: Power Of Board To Make Application To Courts For Restraining Apprehended Pollution Of Water In Streams Or Wells

Explanation using Example

Let's consider a hypothetical scenario. A local chemical factory, ABC Chemicals, has been disposing of its chemical waste into a nearby stream. The local Water Pollution Control Board (WPCB) has been alerted by the residents about the increasing pollution in the stream. WPCB conducts an investigation and finds that the chemical waste from ABC Chemicals is indeed polluting the stream.

As per Section 33 of The Water (Prevention and Control of Pollution) Act, 1974, WPCB can make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, seeking to restrain ABC Chemicals from further polluting the stream.

Upon receiving the application, the court may make an order restraining ABC Chemicals from disposing of their waste into the stream. The court may also direct ABC Chemicals to remove the chemical waste already disposed into the stream. If ABC Chemicals fails to comply with the court's order, the court may authorise WPCB to undertake the removal and disposal of the waste.

Furthermore, all expenses incurred by WPCB in removing and disposing of the waste can be defrayed out of any money obtained by WPCB from the disposal of the waste. Any remaining balance can be recovered from ABC Chemicals as arrears of land revenue or of public demand.