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History of APPELLATE AUTHORITY

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 Orissa 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 direction, 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  the Appellate  Authority. 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, Judge of High Court of Orissa as the Member of the Appellate Authorities. Accordingly, the  Govt. of Orissa have 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, Orissa, 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. Which has been subsequently amended vide Notifications No.13578/ F&E, dt. 14.08.03, No-13571/F&E, dt. 14.08.03 & No-13585/F&E, dt. 14.08.03, respectively and No-10684/F&E, Dt. 17.06.05, No-10660/F&E, Dt. 17.06.05 & No-10691/F&E Dt. 17.06.05, respectively.

In the meantime, Hon’ble Shri Justice C.R. Dash, sitting Judge of High Court of Orissa has been appointed as the Chairman of these Authorities. The State Government have reconstituted these Authorities under the Chairmanship of the Hon’ble Justice vide Notifications No. 21218/F&E, 17.11.2016, No. 21224/F&E, 17.11.2016 and No. 21230/F&E, 17.11.2016 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, as detailed below:-

Sl. No.

Act/Rules

Members

Designation

1

Water (P.C.P) Act,1974

Hon’ble Shri Justice C.R. Dash

Sitting Judge of High Court of Orissa

Er. S. K. Ghosal

Rtd. & former Chairman, Pollution Control Board, Odisha

Prof. Dr. G. K. Roy

Rtd. & former Prof. , Chemical engineering, NIT, Rourkela

2

Air (P.C.P) Act, 1981

Hon’ble Shri Justice C.R. Dash

Sitting Judge of High Court of Orissa

Dr. L. N. Patnaik

Rtd. & former Chairman, Pollution Control Board, Odisha and Director, Environment

Sri S. C. Patra

Rtd. & former Addl. PCCF, Odisha

3

Bio-Medical Waste  
(M&H) Rules, 1998. 

Hon’ble Shri Justice C.R. Dash

Sitting Judge of High Court of Orissa

Dr. L. N. Patnaik

Rtd. & former Chairman, Pollution Control Board, Odisha and Director, Environment

Dr. Bijaya ketan Dash

Rtd. & former Director of Health, Odisha

                               
            The Appellate Authorities have started functioning in their own premises at Govt. quarters No. B-6, BJB Nagar, Bhubaneswar, 751014.

Till date, 136 sittings of the Authorities have been held and total 105 appeals have been filed before the Authorities. Out of which, fourteen 19 numbers of appeals under the Water (Prevention and Control of Pollution) Act, 1974, 82 numbers of appeals under the Air (Prevention and Control of Pollution) Act, 1981 and 4 numbers of appeals under the Bio-Medical Waste (M & H) Rules, 1998. Out of these, 18 numbers of appeals under the Water (Prevention and Control of Pollution) Act, 1974, 68 numbers of appeals under the Air (Prevention and Control of Pollution) Act, 1981 and 3 numbers of appeals under the Bio-Medical Waste (M & H) Rules, 1998.have been disposed of by the Authorities.

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