Appeals

Under the Air (Prevention and Control of Pollution) Act, 1981, the State Board is given many powers, including the power to give instructions for ensuring standards for emission from automobiles, power to restrict the use of certain industrial plants, power to make application to court for restraining a person from causing air pollution, power of entry and inspection, power to obtain information, power to take samples of air or emission etc. Based on the findings and analysis of the inspection and information gathered, the board will issue the orders to the concerned person to continue or discontinue certain activities. The board has the power to give directions relating to closure, prohibition or regulation of any industry, operation or the stoppage or regulation of supply of electricity, water or any other service as deemed fit by the State Board. In case the concerned person is not given the opportunity of being heard, or in case the concerned person is not satisfied with the orders given by the State Board, he may file an appeal with the Appellate Tribunal.

Section 31 of the Air (Prevention and Control of Pollution) Act, 1981, lays down the provisions for appeal by any aggrieved person. The rules under this Act, provides for the appeal filing procedure.

According to Section 31 –

1. Any person aggrieved by an order made by the state board under the Air (Prevention and Control of Pollution) Act, 1981, may appeal within 30 days from the date of receipt of the order. The appeal shall be made to an Appellate Authority constituted by the State Government. On receipt of an appeal, its disposal shall be ensured as the State Government seems fit.

Provided that the Appellate Authority may entertain appeal made later than 30 days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in the said 30 days time limit.

2. The Appellate Authority shall consist of a single person or three persons as the State Government may think fit to be appointed.
3. The form and the manner in which an appeal may be preferred under sub-section (1), the fees payable for such appeal and the procedure to be followed by the Appellate Authority shall be in a prescribed manner.
4. On receipt of an appeal preferred under sub-section (1), the Appellate Authority shall, after giving the appellant and the state board an opportunity of being heard, dispose of the appeal as expeditiously as possible.

The appeal must be made in form number VII, provided according to the Act. The appeal shall be written and a copy of the order appealed against shall be accompanied with it and it shall be presented within 30 days of the receipt of the order passed.The Appellate Authority for the Union Territories is at New Delhi.