Enactment of National Green Tribunal Act would not bar the constitution of Appellate Authority under Air and Water Act

Madras High Court: While deciding upon a question that whether after the enactment of National Green Tribunal Act, 2010, there is no necessity to appoint a retired High Court Judge as an Appellate Authority under the Air and Water Act, the Court observed that the constitution of National Green Tribunal cannot be stated as a reason for not constituting the Appellate Authority, in terms of the direction issued by the Supreme Court, as the National Green Tribunal will have jurisdiction to decide cases, which are to be filed against the orders of the Appellate Authority alone.

The National Green Tribunal will have jurisdiction to hear and dispose of cases filed against the orders of the Appellate Authorities and the Appellate Authority having been directed to be constituted as according to the directions issued by Supreme Court to constitute Appellate Authorities under S. 28 of the Water (Prevention and Control of Pollution) Act, 1974 and S. 31 of the Air (Prevention and Control of Pollution) Act, 1981 and other Rules, which mandates 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. Puducherry Environment Protection Association v. Union of India, Writ Petition No.19496 of 2013 and M.P.Nos.1 and 2 of 2013, decided on April 11, 2014 

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Enactment of National Green Tribunal Act would not bar the constitution of Appellate Authority under Air and Water Act

Madras High Court: While deciding upon a question that whether after the enactment of National Green Tribunal Act, 2010, there is no necessity to appoint a retired High Court Judge as an Appellate Authority under the Air and Water Act, the Court observed that the constitution of National Green Tribunal cannot be stated as a reason for not constituting the Appellate Authority, in terms of the direction issued by the Supreme Court, as the National Green Tribunal will have jurisdiction to decide cases, which are to be filed against the orders of the Appellate Authority alone.

The National Green Tribunal will have jurisdiction to hear and dispose of cases filed against the orders of the Appellate Authorities and the Appellate Authority having been directed to be constituted as according to the directions issued by Supreme Court to constitute Appellate Authorities under S. 28 of the Water (Prevention and Control of Pollution) Act, 1974 and S. 31 of the Air (Prevention and Control of Pollution) Act, 1981 and other Rules, which mandates 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. Puducherry Environment Protection Association v. Union of India, Writ Petition No.19496 of 2013 and M.P.Nos.1 and 2 of 2013, decided on April 11, 2014 

To read the full judgment, click here

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