NISARGA MITRA MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission.

(2.) BY this petition under Article 226 of the Constitution of India the petitioner has prayed for issuance of a writ of mandamus directing the respondent No.1 - State to forthwith make appointment of qualified persons on the post of Chairman and Member Secretary to the State Pollution Control Board, in accordance with the provisions of the Act and the directives issued by the Supreme Court of India in Writ Petition No.657 of 1995 and also in accordance with the various letters issued by the Ministry of Environment and Forest of the Government of India. Mr Sant, learned Counsel for the petitioner has invited our attention to sub section (2) of Section 5 of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 dealing with the qualifications and the appointment of Chairman and the Member Secretary of the Board constituted under the Act. Our attention has also been invited to the functions of the State and the Central Boards under the relevant Acts. There cannot be any debate over the issue that specialized persons having special knowledge are required to be appointed to the said posts in order to discharge the duties under the Act effectively.

(3.) ACCORDING to us the aforesaid situation cannot be countenanced and accordingly, we allow this petition and issue a writ of mandamus directing the State to make substantive appointments to the posts of Chairman and Member Secretary of the Boards within three months from today, in accordance with law.