Lokjagar Foundation Through President Pandharinath Shankarrao Sable v. The State Of Maharashtra And Others

1 1016-PIL 64-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 64 OF 2020 Lokjagar Foundation Through its President Pandharinath Shankarrao Sable .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. D. B. Bhange, Advocate for the Petitioner. Mr. S. G. Karlekar, AGP for Respondent Nos. 1 and 2. Mr. P. P. More, Advocate for Respondent No. 3. CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 02nd September, 2021.

PER COURT:- .

The petitioner seeks directions to appoint the authorities to constitute the Board as per the provisions of Section 5 of the Air (Prevention and Control of Pollution) Act and Water (Prevention and Control of Pollution) Act.

2.

It was observed by us in the earlier order that the Board is not constituted with its total strength of 17 members. Five members to be appointed from amongst the members of the local authority and three non officials to represent interest of agriculture, fishery, industry or trade are not yet appointed. We had asked the respondents to state on

2 1016-PIL 64-2020.odt affidavit the steps contemplated to be taken for appointment of non official members and the period within which the said steps would be undertaken.

3.

Mr. Karlekar, learned A.G.P. has placed on record communication dated 27.08.2021 received by him from the Secretary of the Environment Department stating that the appointments would be made as per section 4 (2) (c) and (d) of the Water (Prevention and Control of Pollution) Act, 1974 within a period of three to four months. 4.

We hope and trust that, the respondents would abide by the communication.

5.

In view of the aforesaid statement, the public interest litigation stands disposed of. No costs.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.