NGT Ceases Functioning Of Chairmen Of 10 State Pollution Control Boards [Read Order]

Principal Bench of the National Green Tribunal has ceased the functioning of Chairmen of 10 State Pollution Control Boards, due to the failure of such States to make appointments in adherence to its earlier judgment. In the said judgment, the Tribunal had rapped State Governments and Union Territories on appointment of Chairpersons of the State Pollution Control Boards without adhering to the rules laid down by it. It is rather strange that despite of more than sufficient time having been given by the Tribunal the aforesaid States did not take steps to implement the judgment passed by the Tribunal on 24th August, 2016… In such view of the matter this Tribunal, after considering the case in its entirety and carefully perusal the reply filed to the show cause notices, has no option but to ask the Chairman of the Pollution Control Boards, mentioned above, to cease from functioning as Chairman.” During the hearing, while analysing the replies filed by the Chairmen of various State Pollution Control Boards, the Court noted that they had not only tried to justify their appointments, but had also interpreted the relevant provisions of law to their advantage. The Bench, thereafter, rapped the States for having failed to comply with the Tribunal’s directions, and observed, “After having thoroughly and carefully considered the replies filed by the State Pollution Control Board of Himachal Pradesh, Sikkim, Tamil Nadu, Uttarakhand, Kerala, Rajasthan, Telangana, Haryana, Maharashtra & Manipur and also on perusal of their initial stand taken in the reply to the Original Application which were on similar lines, we are of the view that despite of ample time and opportunity having been given they have failed to comply/implement the judgment passed by the Tribunal.” Besides, the States of Punjab, Uttar Pradesh and Government of NCT of Delhi have been given two months time to frame the rules and regulations, and thereafter, a month for appointing the Chairmen of the respective Pollution Control Board/Committee in accordance with such Rules.