Legal Action / Legal Cases

Writ petitions, Public interest litigation applications concerned to Environment are being filed in the Hon’ble Courts wherein the pollution Control Board is the respondent in most of these cases. Applications are also filed in the grievance mitigation agencies such as State Human Rights Commission, State & District Legal Services Authority.  In addition, Appellate Authority is also functioning to adjudicate as to whether orders passed by the PCB are in compliance with the provisions of Water and Air Acts.

The Board has appointed Standing Counsels representing the Board in the cases filed in various courts like Hon’ble Supreme Court, National Green Tribunal, Hon’ble High court, Hon’ble Appellate Authority.  The services of local standing counsels are mainly availed for legal opinion on important matters, issue of replies to the legal notices and prosecution of defaulting industries.  Further, the Board has a Legal Cell headed by Senior Officer to co-ordinate the work related to court cases.

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Key Functions of the Legal Cell

bulletleaf-green  Co-ordination with the Standing Counsels regarding Court cases.

bulletleaf-green  Examination of the writ petitions, applications, appeals filed in the Courts, wherein the APPCB is one of the Respondents.

bulletleaf-green  Seeking instructions from the Standing Counsels regarding filing of reports, counter affidavits etc.

bulletleaf-green  Obtaining reports from the concerned officers of Board Office / Zonal Office / Regional Offices.

bulletleaf-green  Examination of the reports received to ensure that the issues raised in the writ petitions / applications / appeals are appropriately addressed to apprise the Courts of the factual situation in terms of Pollution status and action taken by the Board during the hearings.

bulletleaf-green  Communicating with the field officers regarding pending court cases.

bulletleaf-green  Furnishing the Vakalatnama / Affidavits / Counter Affidavits / Status Reports etc to the Standing Counsel for onward filing in the Hon’ble Courts.

bulletleaf-green  The officers of the Legal Cell attend the hearings in the Hon’ble Courts (National Green Tribunal, Supreme Court, High Court) in critical cases for briefing the Standing Counsels on technical matters. The Officers also attend the hearings in Appellate Authority to present the records of the Board. In certain cases, the filed officers are also directed to appear in the Courts depending upon the critical nature of the case.

bulletleaf-green  Communication of court Order to the concerned Officers of Board for implementation with particular emphasis on timely action.

bulletleaf-green  While filing of counter affidavits, specific issues are brought to the notice of the Hon’ble Courts. This helps to get appropriate orders from the Courts in the interest of Public Health & Environment.

bulletleaf-green  To Appraise the Government in EFS&T Dept., about the status of the pending High Court cases during monthly review meeting.

bulletleaf-green  To maintain database on the status of pending court cases.

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ORDERS

bulletleaf-green NGT Judgement (O.A.199 of 2014) dated 22.12.2016 PDF-download-icon 

bulletleaf-green NGT Judgement (O.A.199 of 2014) dated 22.12.2016 (TELUGU) PDF-download-icon  

 

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Pending status of cases at various courts as  on 30.11.2015

 

Supreme Court

High Court

NGT Delhi

NGT Chennai

Appellate Authority

17

198

8

18

45

 

# The Appellate Authority of A.P. Pollution Control Board was expired by 01.07.2014. The Govt. of Andhra Pradesh constituted A.P. Pollution Control Appellate Authority on 20.11.2015 vide G.O. Ms. No. 103 of EFS&T Dept., and it is functioning.

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