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 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-15.09.1997passed in OJC No.1902 of 1995 filed by M/s JaikishanDass 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 dated27.1.1999 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 theHon’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. Subsequently, the above appointment of the Hon’ble Shri Justice P.K. Mishra, Judge of High Court of Orissa wasmodified 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.03.05.2002, No.7460/F&E, dt.03.05.2002 and No.7467/F&E dt.03.05.2002, respectively. Which has been subsequently amended 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 andNo.10684/F&E, dt. 17.06.2005, No-10660/F&E, dt.17.06.2005&No.10691/F&E, dt.17.06.2005, respectively.

Thereafter, 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 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 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 3 (three) years w.e.f. 17.11.2016.

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.

The Bio-Medical Waste (Management & Handling) Rules, 1998 has been 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, the State Government had reconstituted Appellate Authorities for another period of 3 (three) years under the Chairmanship of the Hon’ble Shri Justice C. R. Dash, Judge of High Court of Orissa, vide Notifications No.22403/F&E, dt.19.11.2019 and No.22397/F&E, dt.19.11.2019 under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.

In the meantime, the State Government have constituted Appellate Authorities for another period of 3 (three) years under the Chairmanship of the Hon’bleDr. Justice B. R. Sarangi, Judge of High Court of Orissa, vide Notification No.9877/FE&CC, dt.12.05.2023 and No.9883/FE&CC, dt.12.05.2023 under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, respectively, 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	Hon’ble Dr. Justice B. R. Sarangi	Sitting Judge of High Court of Orissa
Member	Dr. Basanta Kumar Sahu	Former Additional Director of Agriculture & Former, Senior Scientist in F&E Department. At- Plot No.10, Kedargouri Vihar, Bhubaneswar, 751014.
Member	Dr. Pratap Kumar Mohanty	Former Professor,Marine Science Department, Berhampur University. At-Plot No.318-B, Kalinga Nagar-8, Bhubaneswar, 751029.
(Refer to Notification No. No.9877/FE&CC, dt.12.05.2023 and No.9883/FE&CC, dt.12.05.2023 of Forest & Environment Department, Govt. of Odisha)

 

 

 

The court and office of the Appellate Authorities are functioning at Toshali Bhawan, A-2 Block, 2nd Floor, Satya Nagar, Bhubaneswar, Odisha, 751007.
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