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2014 Supreme(Mad) 847

N.PAUL VASANTHAKUMAR, M.SATHYANARAYANAN
Puducherry Environment Protection Association – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner:T. Mohan for M/s. Vijayalakshmi, K. Rajaratnam, Advocates.
For the Respondents:R1 & R2, S. Haja Mohideen Gishthi, R3, A. Tamilvanan, Govt. Advocate (Puducherry) R4, C.K.M. Appaji, Advocates.

Judgment :

N. Paul Vasanthakumar, J.

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 Supreme Court 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 Po




















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