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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: |