On 30th January 1997, the President of India, in exercise of the powers conferred under Art. 123 of the Constitution of India, promulgated an ordinance to provide for the establishment of a National Environment Appellate Authority (NEAA) to hear appeals with respect to restriction in areas in which any industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986. The said ordinance has been replaced by the National Environment Appellate Authority Act, 1997.
Sec. 3 of the NEAA Act provides that the Central Government shall, by notification in the official gazette, establish a body to be known as the National Environment Appellate Authority (hereinafter referred to as „Authority‟). The Central Government has appointed the Authority on 17.1.1998. Justice J.S. Verma, while inaugurating the NEAA stated that its establishment was a very positive response of the executive, as it would bring desired result in the least possible time.
With effect from the date of establishment of the Authority, no Civil Court or other authority shall have jurisdiction to entertain any appeal in respect of any matter with the Authority is empowered by or under this Act (Sec.15). The headquarters of the Authority shall be in Delhi. However, the appeals may be heard at the headquarters or at the discretion of the Chairperson, at any other place (Rule 4, The National Environment Appellate Authority Rules, 1997).
The Authority shall consist of a Chairperson, a Vice-Chairperson and such other members (to be appointed by President) not exceeding three as the Central Government may deem fit (Sec.4). A person to be appointed as Chairperson should have been a judge of the Supreme Court, or the Chief Justice of a High Court. A person to be appointed as Vice- Chairperson should have for at least two years held the post of a Secretary to the Government of India, and expertise or experience in administrative, legal, managerial or technical aspects or problems relating to environment. A person to be appointed as a member of the Authority should have the professional knowledge or practical experience in the areas pertaining to conservation, environment management, law or planning and development (Sec. 5). The association of a bureaucrat in the form of Vice-Chairperson is undesirable, as his opinion might be influenced by the political rather than environmental considerations.
Under the Act, any person who feels aggrieved by an order granting environmental clearance in the areas in which any industries, operations or processes shall not be carried or shall be carried out subject to certain safeguards, may file an appeal to the Authority within 30 days from the date of such order. However, the Authority may entertain an appeal beyond this period if there was sufficient cause for delay in filing the appeal. The Authority is required to dispose of the appeal within 90 days from the date of filing of the appeal. However, it may for reasons to be recorded in writing dispose of the appeal within a further period of 30 days (Sec.11).
The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and subject to other provisions of the Act and of any rules made by the Central Government. The Authority shall also have the power to regulate its own procedure. For the purpose of discharging its functions, the Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure (Sec.12).
Whoever fails to comply with any order made by the Authority, he shall be punishable with imprisonment for a terms which may extend to 7 years, or with fine which may extend to one lakh rupees, or with both (Sec.19). Where any offence is committed by a company, every person directly in charge of and responsible to be company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be punished accordingly. However, the corporate executive has not been held absolutely liable if he proves that the offence has been committed without his knowledge or that he exercise due diligence to prevent such offence, he can be exonerated from the liability (Sec.20).
It is submitted that the executive has done well by establishing the National Environment Appellate Authority. It is hoped that in the
environment matters, justice shall be delivered quickly and the Authority would go a long way to fulfill the long-felt need. In A.P. Pollution Control Board the Supreme Court held that in addition to its statutory jurisdiction, the Appellate Authority also had an advisory role to play in complicated environmental matters that were referred to it by the Supreme Court or the High Court.
The definition of „person‟ within the Act is very liberal. Further, the constitution of the Authority is such as to ensure its independence (the members are appointed by the President and enjoy a secure tenure) and inspire confidence in the public. Significantly, the appellate jurisdiction is limited only to case where environmental clearance is granted and does not extend to case where clearance is refused.
4.21 Precautionary and Polluter Pays Principle