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About APPELLATE AUTHORITY

Constituted under the Water (Prevention and Control of Pollution) Act, 1974, Air(Prevention and Control of Pollution) Act, 1981 and   Bio-Medical Waste (Management & Handling) Rules, 1998 by Govt. of Odisha in Forest & Environment Department

As per the provision under section 28 of the Water (Prevention and Control of Pollution) Act, 1974, section 31 of the Air (Prevention and Control of Pollution) Act, 1981 and   rule 13 of the Bio-Medical Waste (Management & Handling) Rules, 1998, every State Government should constitute Authority to hear appeals preferred against the order made by their respective State Pollution Control Board.

The Govt. of Odisha in erstwhile Science, Technology & Environment Department in their Notification No. 15500/STE, Dated- 5th November 1988, under the provision of sub-section (1) read with sub-section (2) of section 28 of the Water (Prevention and Control of Pollution) Act, 1974, and sub-section (1) read with sub-section (2) of section 31 of the Air (Prevention and Control of Pollution) Act, 1981 have declared the Member, State Education Tribunal as Appellate Authority to hear the appeals preferred against any order made by the State Prevention and Control of Pollution (SPCB-Formerly Known as) under the both Acts.

The Hon’ble High Court of Orissa in their order dated 15.09.1997 passed in OJC No.1902 of 1995 filed by M/s Jaikishan Dass Small Jute Products -vrs- State of Orissa and Others have observed as follows:-

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The point of maintainability of the appeal is kept open to be decided by the appropriate authorities preferably with in a period of six months and the appellate authority be constituted. 

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However, in another related matter, the Hon’ble Apex Court in their judgment dated 27.1.1999 in Civil Appeals Nos. 368 to 371 with 372 and 373 of 1999 A.P. Pollution Control Board – vrs – Prof. M.V. Nayudu(Retd) &Ors., have observed as follows:-

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There is also an immediate need that in all the States and Union Territories, the appellate authorities under section 28 of the Water (Prevention of Pollution) Act, 1974 and section 31 of the Air (Prevention of Pollution) Act, 1981 or other rules there is always a Judge of the High Court, sitting or retired and a Scientist or group of Scientists of high raking and experience, to help in the adjudication of disputes relating to environment and pollution. An amendment to existing notifications under these Acts can be made for the present.

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We request the Central and State Governments to take notice of these recommendations and take appropriate action urgently.

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In pursuance of the above directions of Hon’ble Courts, initiatives were taken at State Govt. level to reconstitute these Statutory Authorities.

On the basis of the observations and directions made by the Hon’ble High Court of Orissa and the Hon’ble Apex Court, Hon’ble Shri Justice P.K. Mishra, Judge of High Court of Orissa was nominated as the Appellate Authority by the Govt. of India. Subsequently, the above appointment of the Hon’ble Shri Justice P.K. Mishra, Judge of High Court of Orissa was modified due to the transfer of the Hon’ble Justice to Madras High Court.

Thereafter, the Govt. of India appointed Hon’ble Shri Justice B.P. Das, Sitting Judge of High Court of Orissa as the Member of the Appellate Authorities. Accordingly, the Govt. of Odisha had constituted three Appellate Authorities under the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Bio-Medical Waste (Management & Handling) Rules, 1998, to hear appeals preferred against the order made by the State Pollution Control Board, Odisha, vide Government Notifications No.7453/F&E, dt.03.05.02, No.7460/F&E, dt.03.05.02 and No.7467/F&E dt.03.05.02, respectively, under the chairmanship of  Hon’ble Shri Justice B. P. Das, Sitting Judge of High Court of Orissa.

These constitutions had subsequently been amended from time to time vide Notifications No.13578/ F&E, dt.14.08.2003, No.13571/F&E, dt.14.08.2003 & No.13585/F&E, dt.14.08.2003, respectively and No.10684/F&E, dt.17.06.2005,No.10660/F&E, dt.17.06.2005 &No.10691/F&E, dt.17.06.2005,respectively. These Authorities were functioned up to 2012.

Thereafter, Hon’ble Shri Justice C. R. Dash, Sitting Judge of High Court of Orissa was appointed as the Hon’ble Chairman of these Authorities. The State Government had reconstituted these Authorities under the Chairmanship of the Hon’ble Justice vide Notifications No.21218/F&E, dt.17.11.2016, No.21224/F&E, dt.17.11.2016 and No.21230/F&E, dt.17.11.2016, respectively, under the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Bio-Medical Waste (Management & Handling) Rules, 1998, for a period of three years.

During the time, the Bio-Medical Waste (Management & Handling) Rules, 1998 was superseded by the Bio-Medical Waste Management Rules, 2016, vide Govt. of India Notification No. G.S.R. 343(E), dt.28.03.2016. As per provision u/r-16 of the Bio-Medical Waste Management Rules, 2016, the appeal should prefer to the Secretary (Environment) of the State Government.

Thereafter, these Authorities,under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 have been constituted and Hon’ble Shri Justice C. R. Dash, Sitting Judge of High Court of Orissa has been appointed as the Hon’ble Chairman, vide Govt. Notification No.22403/F&E, dt.19.11.2019&No.22397/F&E, dt.19.11.2019, respectively, for another period of three years.

Recently, the State Government have decided for appointment of Hon’ble Vice-Chairman for the Appellate Authorities as Judicial Member under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, vide Govt. Resolution No.11232/F&E, dt.17.07.2019. Accordingly, Hon’ble Shri Justice J. P. Das, Former Judge of the High Court of Orissa has been appointed as the Hon’ble Vice-Chairman of Appellate Authorities, for a period of one year; vide Govt. Notification No.14700/F&E, dt.25.09.2019.

The details of the present Authorities under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 are   as detailed below:-

 

Water (PCP) Act, 1974

Appellate Authority under sub-section (1) and sub-section (2) of Section 28 of the Water
(Prevention and Control of Pollution) Act, 1974

Hon’ble Chairman

Justice C.R. Dash

Sitting Judge of Orissa High Court, Cuttack

Hon’ble Vice- Chairman

Justice J.P. Das

Former Judge of Orissa High Court, Cuttack

Member

Shri P.K. Tripathy

Retd. Director of Handicraft & Cottage Industries & Ex- Member Secy. SPCB, Odisha)
D-56, MaitreVihar, Bhubaneswar, Odisha-751023

Member

 Prof. (Dr.) B.C. Acharya

Retd. Prof. of Botany Khalikote Autonomous College, Berhampur
Plot No-05, Kalyani Nagar, Raghunathpur Jali, PO-KIIT Bhubaneswar-751024

(Refer to Notification No. 22403- ENV-II- 35/2019 - F&E, Dt.19.11.2019 & No.14700/F&E, Dt.25.09.2020   of Forest & Environment Department, Govt. of Odisha)

 

 

             Air (PCP) Act, 1981

Appellate Authority under sub-section (1) and sub-section (2) of Section 31 of the Air
(Prevention and Control of Pollution) Act, 1981

Hon’ble Chairman

Justice C. R. Dash

Sitting Judge of Orissa High Court, Cuttack

Hon’ble Vice- Chairman

Justice J.P. Das

Former Judge of Orissa High Court, Cuttack

Member

Prof. (Dr.) P.K.J. Mohaptra

Retd. Prof., Department of Industrial Engineering &Management, IIT, Kharagpur
App.-301, Creative Enclave,Sashtri Nagar, Bhubaneswar-751001

Member

Dr. D. K. Rout

Ex-Sr. Environmental Scientist, SPCB, Odisha
Plot No-337, Acharya Vihar, Bhubaneswar-751013

 (Refer to Notification No. 22397- ENV-II- 35/2019 - F&E, 19.11.2019& No.14700/F&E, Dt.25.09.2020 of Forest & Environment Department, Govt. of Odisha)

 

The court and office of the Authorities are at present functioning in their own permanent premises at 2nd Floor, A/2 Block, Toshali Bhawan, Satya Nagar, Bhubaneswar, 751007.
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