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Legal Cell Supreme Court High Court NEAA Appellate Authority NHRC AP. State HRC

 

                                                                               

 

Cases in Honorable A.P.Pollution Control Appellate Authority

The Water (Prevention & Control of Pollution) Act, 1974 has the provision for appeal against the orders made by the State Pollution Control Boards.  As per Section 28 (1) any person aggrieved by an order made by the State Pollution Control Board under Section 25, Section 26 or Section 27 may within 30 days from the date on which the order is communicated to him, prefer an appeal to the Appellate Authority constituted by the State Government. 

As per Section 28 (2) of the Water (Prevention & Control of Pollution) Act, 1974, an Appellate Authority shall consist of a single person or 3 persons as the State Govt., may think fit, to be appointed by the State Government. 

In exercise of the powers conferred by Sub-section (1) of Section 28 of Water (Prevention & Control of Pollution) Act, 1974, the Government of Andhra Pradesh constituted the Appellate Authority vide GO Ms No. 477 MA, dated 30.07.1977 (Housing, Municipal Administration & Urban Development Dept.,) for a period of two years.  The Appellate Authority is then subsequently re-constituted.  

The Hon’ble Supreme Court of India in its interim judgment dated 27.01.1999 in Civil Appeal No. 368-371 of 1999 [in the case of establishment of an industry by name M/s. Surana Oil and Derivatives Ltd.,] observed as follows:

“---------- there is an immediate that in all the States and Union Territories, the appellate authorities under Section 28 of the Water (Prevention & Control of Pollution) Act, 1974 and Section 31 of the Air (Prevention & Control 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 ranking 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 -------“. 

Accordingly, the Govt., of A.P., in EFS&T Dept., constituted the Appellate Authority vide GO Ms No. 99, dated 03.08.1999 for a period of 2 years duly appointing Retired Judge of High Court) as Chairman and other scientific / technical experts as members.  The Appellate Authority is then regularly re-constituted every two years.

 The present Appellate Authority is constituted by the Govt., of A.P., in EFS&T Dept., vide GO Ms No. 177, dated 20.10.2010 for a period of two years. The Authority consists of:  

1.

Justice C.V.N. Sastri
Retired Judge of High Court of A.P.

-

Chairman

 

2.

Prof. A.Samba Shiva Reddy

-

Member

3.

Sri.M.Veeranna
Retired Regional Director, Central Ground Water Board, Southern Region, Ministry of Water Resources, Govt., of India.

-

Member

The A.P. Pollution Control Appellate Authority is located at H.No.6-1-69/2/1, Lakdi-ka-pool, Hyderabad – 500 004.

Telephone No. 040-23232540. 

The details about the number of appeals filed in the Hon’ble Appellate Authority are as follows: - Appellate Authority

Financial Year

Pending at the beginning

Cases filed

Disposed
(includes cases filed in previous years)

Pending at the end.

2004-05

11

37

35

13

2005-06

13

46

43

16

2006-07

16

164

88

92

2007-08

92

78

138

32

2008-09

32

70

52

50

2009- 10

50

48

72

26

2010- 11

26

45

38

33

2011- 12
(As on 31.12.11)

33

65

51

47

 The appeals pending before the Appellate Authority:

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