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IN THE HIGH COURT OF DELHI
Honble Judges: C.J. and S. Muralidhar, J.
Vimal Bhai and Ors. – Appellants
Vs.
Union of India (UOI) and Ors. – Respondent
C.M. No. 15895/2005 in W.P. (C) 17682/2005
Decided On: 11.02.2009
NEAA Act - Appointment of Chairperson and Members - NEAA Act, 1997 - Summary of Acts and Sections: NEAA Act, 1997 - Summary: The court discussed the NEAA Act, 1997, and its provisions related to the appointment of the Chairperson and Members of the National Environment Appellate Authority. It highlighted the failure of the government to appoint a Chairperson for over eight years and a Vice-Chairperson for over three years, rendering the NEAA non-functional. The court reinterpreted Rules 4 and 10 of the NEAA Rules, directing the Union of India to offer the salary, allowances, and other conditions of service as applicable to a sitting Judge of the Supreme Court to every Chairperson of the NEAA. It also directed the Union of India to appoint Members of the NEAA with special technical knowledge in the area concerning the environment. The court emphasized the importance of the NEAA as an effective appellate tribunal and the need for the government to comply with the legislative mandate of the NEAA Act.
Fact of the Case:
The petitioners filed a writ petition questioning a decision of the NEAA dismissing their appeal on account of delay. The court held that the NEAA had adopted a hyper-technical approach and set aside the NEAA's order, remanding the case for a decision on merits. The court also directed the Union of India to reconstitute the NEAA within 45 days. When no effective steps were taken, the petitioners filed an application seeking compliance with the court's order.
Finding of the Court:
The court found that the government's failure to appoint a Chairperson and Vice-Chairperson of the NEAA rendered the NEAA non-functional, denying citizens the right of access to effective justice in matters concerning the environment. It emphasized the importance of the NEAA as an effective appellate tribunal and the need for the government to comply with the legislative mandate of the NEAA Act.
Issues: The issues included the government's failure to appoint a Chairperson and Vice-Chairperson of the NEAA, rendering the NEAA non-functional, and denying citizens the right of access to effective justice in matters concerning the environment.
Ratio Decidendi: The court reinterpreted Rules 4 and 10 of the NEAA Rules, directing the Union of India to offer the salary, allowances, and other conditions of service as applicable to a sitting Judge of the Supreme Court to every Chairperson of the NEAA. It also directed the Union of India to appoint Members of the NEAA with special technical knowledge in the area concerning the environment.
Final Decision: The court directed the Union of India to appoint the Chairperson and Vice-Chairperson of the NEAA within 12 weeks, offering the salary, allowances, and other conditions of service as applicable to a sitting Judge of the Supreme Court. It also directed the Union of India to appoint Members of the NEAA with special technical knowledge in the area concerning the environment. The Union of India was also directed to pay the applicant costs of Rs. 20,000 for not complying with the court's directions.
S. Muralidhar, J.
1. This is an application filed by the petitioners in W.P. (C) No. 17682 of 2005, seeking a direction to the respondents to implement the order dated 29th September 2005 passed by this Court disposing of the said writ petition. By the said order dated 29th September 2005, this Court had directed the respondents “to take requisite steps for clearing the proposals” related to the appointment of the Chairman and other Members of the National Environment Appellate Authority (NEAA) constituted under the National Environment Appellate Authority Act, 1997 (‘NEAA Act’).
Background
2. The aforementioned writ petition was filed in this Court by social activists engaged in the field of environment. Initially, the petitioners approached this Court questioning a decision dated 20th May 2005 of the NEAA dismissing their appeal on account of delay. In the said appeal, the petitioners had challenged the environment clearance granted by the Government of India on 8th February 2005 for the setting up of the Loharinag-Pala Hydroelectric Power Project (600 MW) in Uttarkashi, District of Uttaranchal. The appeal was to be filed within thirty days thereafter but was filed on 1st April 2005. This Court, by its order dated 29th September 2005, held that the NEAA had adopted “a very hyper-technical approach in rejecting the petitioners’ application for condonation of 23 days delay instead of dealing with this plea on merit”. It accordingly set aside the NEAA’s order dated 20th May 2005 and remanded the case to the NEAA for a decision on merits in accordance with law.
.3. This Court was, in the course of the hearing of the above writ petition, informed that the NEAA was first constituted on 9th April 1997 with the following persons:
1. Shri. Justice N. Venkatachala (former judge of the Supreme Court) Chairperson.
2. Smt. Nirmala Buch (former Secretary to the Government of India) Vice-Chairperson.
3. Shri. Mohinder Singh (former Principal Secretary to the State Govt. of Uttar Pradesh) Member.
4. Shri Eaja A. Malik (former Principal Chief Conservator of Forests, Jammu and Kashmir) Member.
Jusice Venkatachala, Smt. Nirmala Buch, Shri Mohinder Singh and Shri Ejaj A. Malik demitted office with effect from 2nd July 2000, 13th July 2000, 7th March 2000 and 13th July 2003 respectively. The office of the Chairperson has remained vacant since 2nd July 2000. The post of Vice-Chairperson was filled up by the appointment of Shri Vishwanath Anand with effect from 1st February 2002. His term was extended for a period of six months with effect from 1st February 2005 till 31st July 2005. He demitted office on 31st July 2005.
4. Taking note of the fact that the posts of Chairperson and Vice-Chairperson of the NEAA were vacant this Court, while disposing of the writ petition on 29th September 2005, observed:
While considering this matter it was noticed by this Court that the Union of India has failed to constitute the National Environment Authority
under the Act of 1997 and on the contrary allowed this Authority to become a one-man show when the statute prescribed its composition which requires a Chairman, Vice Chairman and three Technical Members. By Court order dated 12th September, 2005 the Union of India was, accordingly, directed to file an affidavit indicating therein the steps taken by it for composition of the Appellate Authority. This affidavit has been filed and it is stated that steps were taken from time to time for reconstitution of this Authority. It is explained that a retired Judge of the Supreme Court has now been nominated but some modalities about the perks and salary of the Chairman are being processed in the Finance Ministry.
Given regard to the importance of the Authority created under the National Environment Authority Act, it is appropriate to direct the Union of India and all its concerned functionaries to take requisite steps for clearing the proposals related to the appointment of the Chairman of the Appellate Authority
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