1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.8116 OF 2009 Nisarga Mitra Mandal, A public trust registered under the Bombay Public Trusts Act, having its Office at 2, Dwarka Residency, Shakti Nagar, Aurangabad, through its President, Vijay s/o Raghavendra Diwan, Age 63 years, Occu.Retired, Resident of Aurangabad .. PETITIONER VERSUS 1. The State of Maharashtra through Secretary, Department of Environment & Forest, Mantralaya, Mumbai 400 032 2. The Union of India, Through Secretary, Ministry of Environment & Forest, Shastri Bhavan, New Delhi 3. Shri Devdatta Ramchandra Rasal, Age 73 years, Occu.Retired and an Advisor to the Maharashtra Pollution Control Board Officers Welfare Association, Mumbai, a duly registered Association, vide No.F-29405, Mumbai, under the provisions of Bombay Public Trusts Act, having its registered office at Kalpataru Compound Building, 3rd and 4th Floor, Sion-Matunga Scheme, Road No.8, Opposite Cine Planet Cinema, Near Sion Circle, Sion (East), Mumbai 22 (residing at Building No.27A, Flat No.102, Vrundavan Society, Majivada, Thane (West) 2 4. Shri Ramchandra Govind Pethe, Age 60 years, Occu.Retired and Ex-President & present Advisor of Maharashtra Pollution Control Board Officers Welfare Association, Mumbai, a duly registered Association, Vide No.F-29405, Mumbai, Residing at Flat No.A-6, Arunoday Society, Near Andhra Bank, Pendse Nagar, Dombivali (E) 421 201. ..RESPONDENTS Mr K.C.Sant, Advocate for petitioner Mr D.R.Kale, A.G.P. for respondent No.1 Mr N.S.Choudhary, Advocate for respondent No.2 Mr S.M.Godsay, Advocate for respondents 3 and 4 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 23rd November 2010 ORAL JUDGMENT ( PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner has prayed for issuance of a writ of mandamus directing the respondent No.1 – State to forthwith make appointment of qualified persons on the post of Chairman and Member Secretary to the State Pollution Control Board, in accordance with the provisions of the Act and the directives issued by the Supreme Court of India in Writ Petition No. 657 of 1995 and also in accordance with the various letters issued by the Ministry of Environment and Forest of the Government of India. Mr Sant, 3 learned Counsel for the petitioner has invited our attention to sub section (2) of Section 5 of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 dealing with the qualifications and the appointment of Chairman and the Member Secretary of the Board constittuted under the Act. Our attention has also been invited to the functions of the State and the Central Boards under the relevant Acts. There cannot be any debate over the issue that specialized persons having special knowledge are required to be appointed to the said posts in order to discharge the duties under the Act effectively. 3. The learned Assistant Government Pleader states that in the light of the amendment to the provisions of the Act, the State Government is empowered to make part time appointments as well. It is stated before us that certain persons have been appointed as the Chairman and the Member Secretary and have been given additional charge. Obviously, no substantive appointment either as a full time Chairman or part time Chairman has been made. The appointment of the Member Secretary is a full time post. No substantive appointment to the post of Member Secretary of the State Board has been made by the State. 4. There can also be no debate on the question as to whether substantive appointments to fill the post of Chairman and Member Secretary are required to be made. The functions of the Board as 4 specified under the Act are enormous requiring the substantive appointment of the Chairman and the Member Secretary to effectively discharge the duties specified under the act. An ad hoc or an additional charge of Chairman and the Member Secretary may not serve the purpose of constituting the said Boards. Mr Sant, learned Counsel for the petitioner has pointed out to us that past five years no substantive appointments to the post of Chairman and the Member Secretary of the Board have been made. 5. According to us the aforesaid situation cannot be countenanced and accordingly, we allow this petition and issue a writ of mandamus directing the State to make substantive appointments to the posts of Chairman and Member Secretary of the Boards within three months from today, in accordance with law. 6. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V. POTDAR, J.) ( P.V. HARDAS, J.) (vvr/8116.09wp)