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The Madras High Court has directed the Union Ministry of Environment and Forests to constitute Appellate Authority under the Air and Water Act within a period of three months, to adjudicate appeals preferred under the relevant Acts.
The order is issued on a litigation filed by Puducherry Environment Protection Association (PEPA) challenging an order in December 1989, appointing the Joint Secretary in-charge of Pollution Control in the Ministry of Environment and Forests as the Appellate Authority in the Union Territory of Puducherry.
PEPA contended that the practice of appointing Government Officers to perform judicial functions in the matters concerning the environment and posting of civil servants as Appellate Authority was found fault with by the Supreme Court in a number of cases.
Justice N Paul Vasanthakumar and Justice M Sathyanarayanan, in an order issued on April 11 said, "the reason stated by the first respondent (The Union of India represented by Secretary, Ministry of Environment and Forests) in the counter affidavit is not countenanced and a direction is issued to the first respondent to constitute Appellate Authority under the Air and Water Act within a period of three months from the date of receipt of a copy of this order."
The Court observed that the sum of Ministry's contention is that after the enactment of National Green Tribunal Act, 2010, there is no necessity to appoint a retired High Court Judge as an Appellate Authority under the Air and Water Act.
The Association argued that the National Green Tribunal will have jurisdiction to hear and dispose of cases filed against the orders of the Appellate Authorities
The High Court order said, "The constitution of National Green Tribunal cannot be stated as a reason for not constituting the Appellate Authority, in terms of the direction issued by the Supreme Court, as the National Green Tribunal will have jurisdiction to decide cases, which are to be filed against the orders of the Appellate Authority alone".
