Important Point
The Supreme Court approved the draft of the order proposed to be made by the Government of India, Ministry of Environment and Forests, constituting an Authority to be known as the Environment Pollution (Prevention and Control) Authority for the National Capital Region.

Order

Learned Attorney General has shown to us the draft of the order pro­posed to be made by the Government of India. Ministry of Environment and Forests in exercise of the powers conferred by sub-sections (1) and (3) of Section 3 of the Environment Protection Act, 1986 constituting an Authority to be known as the Environment Pollution (Prevention and Control) Authority for the National Capital Region consisting of the persons, namely, (1) Shri Bhure Lal; (2) Shri D.K. Biswas, Chairman - Central Pollution Control Board; (3) Shri Anil Aggarwal; (4) Shri Jagdish Khattar; and (5) Smt. Kiran Dhingra and to invest the Authori­ty with the powers and functions specified therein. We are satisfied that this step being taken by the Government is appropriate and time­ly. We would, however, like to add that except for the Chairman, Central Pollution Control Board being an ex-officio Member of the Authority, the remaining four persons named above are to be in the Committee not merely by virtue of their office but because of the personal qualifications on account of which they are included in the Committee. The learned Attorney General states that the order had not been formerly been made so far constituting the Authority because it was considered appropriate that the draft be placed before the Court before the order was finally made. He informed us that in view of the approval of the same by the Court, the order would now be made promptly and the said Authority constituted soon.

2. In view of the constitution of the Authority as above, to deal with the entire matter relating to environmental pollution, the question for our consideration now is whether the direction given earlier by this Court for constitution of an Authority under Section 3(3) of the Act by the order dated 13th September, 1996 in IA No. 18 in Writ Petition (C) No. 4677 of 1985 is required to continue. It is clear that the said order dated 13th September, 1996 had been made because of the absence of any such Authority as is now being constituted in the manner aforesaid. For this reason, the direction to constitute an Authority which was complied by constitution of a Committee headed by Mr. Justice R.K. Shukla, a former Judge of the Allahabad High Court, was merely an ad-hoc arrangement to continue till the constitution of a regular Committee as is now being done. It is also necessary to take note of the fact that the constitution of a Committee as above with the comprehensive authority to deal with the entire matter relating to environmental pollution in the National Capital Region the continuance of any other Authority with concurrent jurisdiction in any area within the entire sphere of environmental pollution in the National Capital Region is bound to create an embar­rassing situation because of conflict of jurisdiction of the two Authority within the common sphere. Such a result would not be condu­cive to proper administration and implementation of the programme of preventing and controlling environmental pollution in the National Capital Region. It is, therefore, necessary to make an appropriate order which would avoid any conflict of jurisdiction between the two Authorities. In our opinion, the only appropriate course to adopt is to permit the Government of India to supersede the earlier Notifica­tion constituting the Authority headed by Mr. Justice R.K. Shukla pursuant to the order dated 13th September, 1996 passed in IA No. 18 in Writ Petition (C) No. 4677 of 1985, to be effective from the date of constitution of the above Authority headed by Sh. Bhure Lal. We direct accordingly and the earlier order dated 13th September, 1996 shall stand modified to this extent.

3. In view of this order, we also direct that with the constitution of the above Authority headed by Sh. Bhure Lal, the work pending with the Authority headed by Mr. Justice R.K. Shukla shall stand automati­cally transferred to the Committee headed by Sh. Bhure Lal on its constitution. We also place on record