Environmental protection is an essential public responsibility, particularly amid increasing air pollution and smog. The State and its regulatory institutions are therefore entrusted with powers to prevent environmental degradation and protect public health. However, such powers must remain within the limits prescribed by the Constitution and the parent statute. Environmental enforcement, like every exercise of public authority, is subject to legality, due process and natural justice.

A significant question arises under the Punjab Environmental Protection Act, 1997 and the Punjab Environmental Protection (Smog Prevention and Control) Rules, 2023: whether delegated legislation can confer or exercise coercive powers beyond those expressly authorised by the parent Act. Rules 11 and 12 provide a framework for enforcement measures relating to smog prevention and control. These safeguards matter particularly where an environmental authority proposes coercive action against a person, business or industrial establishment.

Prior notice is not merely a technical formality. It gives the affected person an opportunity to understand the alleged violation, respond to it and, where appropriate, take corrective measures before coercive action is taken. This is closely connected with due process and natural justice, particularly audi alteram partem—the right to be heard before adverse action is taken.

Section 16 of the Punjab Environmental Protection Act........

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