Document Fragment View
Fragment Information
Showing contexts for: environment act in Rajendra Singh Bhandari vs State Of Uttarakhand on 24 August, 2016Matching Fragments
19. While giving para-wise reply, the respondents have denied and have asked for strict proof about applicant being a social worker or a public spirited person. It is stated that the applicant has filed this application for the protection of vested interest of some unidentified persons or the applicant could be a stool pigeon acting on the directions of some business tycoons. It has been denied by the Respondents that they have been neglecting any of the provision of the Water Act or Air Act or Environment Protection Act or the rules made thereunder. The respondents have also denied that the persons manning the important posts, for the implementation of the provisions of the Act, are not competent or eligible or that they are lacking in requisite knowledge or practical experience in the field of Environment Protection and pollution control. It has also been stated that as Uttarakhand Pollution Control Board was constituted in the year 2002, raising of plea of eligibility after lapse of 11 years is not legally sustainable. Further it is stated that the contention with regard to the disaster in the month of June 2013, as a result of geographical interference by human being in establishing industrial project, Hydro-Project etc. is not correct. Similar issue was pending for considered before the High Court of Uttarakhand (WP 72/2010) and the same came to be decided on 15.07.2011. Another Original Application is pending for consideration before this Tribunal. (Original Application 151/2013) Legal Aid Committee National Green Tribunal Bar Association V/s Union of India. The averment in the Application that there is no infrastructure of Environment regulator mechanism in the said area and the same has not been strengthened, has also been denied. As regards to lack of man power or incompetent persons to cope with large number of industries and development centres, the respondent State have denied the same. Further, the strengthening of staff structure is under active consideration of the State Government.
35. It is denied by the respondents that IAS/IFS officers of administration/forest background do not have any experience in the field of environment and their knowledge and practical experience in implementation of forest conservation/wildlife protection/ Bio-Diversity Act is only 10 percent of the total Environment. Further it is denied that they do not fulfil the requirement of professional knowledge and expertise on environment as required under the Water Act/Air Act/Environment Protection Act and rule made their under.
46. It has been stated that present application has been rightly moved by invoking the jurisdiction of the Tribunal in the light of Hon'ble Supreme Court Judgement dated 9th August, 2012 in the matter of Bhopal Gas Peedhit Mahila Udgyog Sangthan Vs. Union of India wherein it has been held that every civil case which involves issues related to environment or any substantial right related to environment, shall stand transferred and be prosecuted/litigated before the National Green Tribunal. It is also stated that Section 14(1) of NGT Act gives the Tribunal wider jurisdiction and it is to decide the questions or issues related to implementation of enactments given under schedule 1 of the Act, 2010, i.e. Water Act, Air Act, Environment Protection Act, etc.
Sr Name Designation Experience Qualification .
No .
1. Sh. Chairman Practised law B.Sc, H.P.U Kuldeep nearly about 15 With Special singh years in various knowledge Pathani courts of law of Plant a including Hon'ble Science & Himachal Pradesh Ecology.
High Court, L.L..B.,
having a special University of
interest in Lucknow.
Environment in
the Court of Law.
Remained
member of H.P.
Legislative
Assembly also
raised various
issues regarding
Environmental
Protection more
specifically the
industrial
pollution and
degradation of the
ecology.
Having a special
knowledge &
Practical in
respect of matters
relating to the
Environmental
Protection and is
having an
association with
various bodies
working for
Environment
Protection in the
State of Himachal
Pradesh
While discharging
duties as a
elected
representative
(MLA) has taken
care of
environmental
issues.
Having a vast
experience in
administrative
matters and
public issues
Having a special
interest in
Environment
Protection issues.
Having a great
concern in
Ecology & Plant
Science
2. Sh. Member During the M.Sc.,
Vineet Secretary Training of Indian University of
Kumar, Forest Service, Allahabad
IFS w.e.f. May, 1985 AIFC, Indian
to June 1987, Forest
Studied and had College,
exposure of (Now Indira
various aspects of Gandhi
Natural Resource National
Management, Forest
Forest Academy)
Management, Dehradun.
Wildlife
Management,
Biodiversity,
Environment &
Ecology and
Pollution related
issue/subjects.
Undersigned
served as
Divisional Forest
Officer and
Conservator of
Forests in various
Divisions &
Circles in HP for
almost 20 years.
During this
period,
undersigned
looked after
normal Forestry
operations, Wild
life and
Biodiversity
Management
aspect, which is
one of the most
vital and
important activity
for prevention of
pollution and
management of
pollution in
natural
ecosystems.
Undersigned was
also involved in
study/
assessment of
EIAs and EMPs
submitted by
various project
proponents
including Hydro
Electric Projects.
The undersigned
was also involved
in implementation
of Catchment
Area Treatment
Plans and
relevant portion of
Environment
Management
Plans of Various
projects.
As Addl. PCCF
(Soil),
undersigned was
involved in
preparation and
implementation of
work plans for
Soil and water
Conservation in
Himachal
Pradesh, which is
again a vital
aspect of overall
environmental &
Ecological
Management.
The undersigned
has been posted
as Member
Secretary for the
State Pollution
Control Board
w.e.f. July, 2013.
During this
period, I am
involved in
prevention control
& management of
Environmental
Pollution
including Air &
Water pollution.
Undersigned is
also responsible
for proper
implementation of
Provision of Water
(Prevention &
Control of
Pollution)Act,
1974, Air
(Prevention &
Control of
Pollution)Act,
1981,
Environment
(Protection) Act,
1986, Municipal
Solid Waste
(Management &
Handling) Rules,
2000, Bio-
Medical Waste
(Management &
Handling) Rules,
1998, Hazardous
waste
(Management,
Handling and
Transboundary
Movement) Rules,
2008 etc.