Report No. 186
Water (P&CP) Act, 1974 and Rules made thereunder:
The Water (P&CP) Act, 1974 contains provisions for 'appeals' to an appellate authority, to be constituted by the State Governments to deal with appeals by persons aggrieved by orders of State Board and then a revision to the State Government. (See section 25 and 26).
The Union Territory of Chandigarh, on 11.4.88, appointed three officers of Government as the appellate authority for purposes of section 28 of the Water (P & Co of P) Act, 1974. The Pondicherry Government, on 5.4.88, appointed its Chief Secretary as the appellate authority. The Delhi Administration appointed a single person appellate authority on 18.2.92 who is the Financial Commissioner. Haryana (Prevention and Control of Water Pollution) Rules, 1978 (22.12.78) state in Rule 23 that the appellate authority shall consist of two persons to be nominated by the Government and must have the following qualifications with qualification of graduate in Engineering and a third person who is a law graduate with 3 years experience as a lawyer.
Maharashtra Water (Prevention & Control of Pollution) Rules, 1983 prescribe an appeal to the 'appellate authority' to be designated by the State Government. Punjab Water (Prevention & Control of Pollution) Appeal Rules, 1978 provide for an appeal to the appellate authority. It is not clear who is designated under these Rules.
Uttar Pradesh Water (Consent for Discharge of Sewerage and Trade Effluents) Rules, 1981 provides for an appeal to an appellate authority specified by the Government.
Only in Andhra Pradesh, the appeal under section 28 of the Water Act, 1974 read with AP (Water P & P) Rules, 1977 lies to a High Court Judge. (See A.P. Pollution Control Board vs. Prof. M.V. Nayudu 1999(2) SCC 718 at 735.)
Thus, except in Andhra Pradesh, there is no appeal to a body which consists of a Judicial Member. There are also no experts to assist the appellate authority.
Air (P&CP) Act, 1981 and Rules made thereunder:
The Air (P&CP) Act, 1981, contains provision in section 31 for 'appeals' to an appellate authority to be constituted by the State Government.
The Andhra Pradesh Air (Prevention and Control) Rules, 1982 Rule 37 speaks of an appeal to the appellate authority against orders of the State Board. Gujarat Rules, 1983 also provide in Rule 18 for an appeal. So does 97Rule 24 of the Haryana Rules, 1983. Rule 25 of the Karnataka Rules, 1983 provide for an appeal. Kerala Rules, 1984, provide for an appeal under Rule 34 to the appellate authority.
Rule 21 of Madhya Pradesh Rules provide for the appeal. Rule 32 of the Maharashtra Rules deal with appeals. Tamil Nadu Rules, 1983, provide for appeal in Rule 35. West Bengal Rules, 1983 provide for appeal in Rule 17. The Union Territories Rules, 1983 provide for appeal in Rule 17. We do not have any evidence before us to say that the appeals lie to a Court or a judicial officer who is also having expert advice.