PUDUCHERRY ENVIRONMENT PROTECTION ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed to quash the order of the first respondent issued in S.O. 1032(E), dated 12th December, 1989, published in the Gazette of India Part II, Section 3, Sub -section (ii) Extraordinary, dated 13th December, 1989, and direct the first respondent to constitute an Appellate Authority headed by a retired Judge of the High Court, in accordance with the judgment of the Hon'ble Supreme Court in A.P. Pollution Control Board vs. Prof. M.V. Nayudu (Retd.) & Others : (AIR 1999 SC Page 812) to adjudicate appeals preferred under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981.

(2.) THIS writ petition is filed as a 'Public Interest Litigation' by the Puducherry Environment Protection Association, challenging the order, dated 12.12.1989, appointing the Joint Secretary in -charge of Pollution Control in the Ministry of Environment and Forests as the Appellate Authority, contending that the Air (Prevention and Control of Pollution) Act, 1981 (Air Act) contains a provision under Section 31 for 'appeals' to an Appellate Authority to be constituted by the State Government and the Air (Prevention and Control of Pollution)(Union Territories) Rules, 1983 (UT Rules) provides the procedure for appeals from Union Territories under Rule 17, and Rule 2(C) of the said Rules defines Appellate Authority means an Appellate Authority constituted by the Central Government under sub -section (1) of section 31 of the Act. It is also contended that the impugned order was issued by the first respondent by exercising the power under Sub Section (1) of Section 31 of the Air Act and the headquarters of the Appellate Authority shall be at New Delhi.

(3.) IT is the further contention of the petitioner that the Law Commission of India, in its 186th report at page Nos. 98 and 99, has also recommended as follows: -