Sunday, 18 December 2011

{DUU-21} NEAA Case 7-9-2006

Delhi High Court ordered to MoEF—Fill the Chair and Vice-chairman post of NEAA
Case:- Vimalbhai Vs. Union of India
Issue:-Constitute the National Environment Applet Authority according to High Court order

Lawyers: Adv. Sanjay Parikh

And Adv. Ritwik Dutta, Adv. Rahul Chowdhary of

"Legal Initiative for Forest and Environment"

Today, Delhi High Court while hearing the case of Vimalbhai Vs. Union of India directed the MoEF to appointed Chairman and Vice-chairman within 4 week. The counsel for the MoEF stated that although Vice-chairman has been short-listed. There has been some issues with respect to seniority, which need to be sorted out. Further the judge for the chairman has been short-listed and has been forwarded to the minister for approval. This decision expected within 2 weeks. Case will be listed after this.

A small history:-

The basic aim was to setting up of NEAA by a notification because there were no forum where people/ environmental groups could have challenge the environment clearances.
[26th March, 1997]
An Act to provide for the establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 and for matters connected therewith or incidental thereto.
(For detail: -
Since very long time, NEAA was running by only one member who was dismissing all the cases on condonation of delay without listing on merit. Again, this was the burden on High and Supreme Courts.
On 20th May 2005, NEAA dismissed the appeal of Loharinag-Pala HEP on the same ground then the petitioners moved to Delhi High Court to challenge this. (for details see old DUU of Matu)
Development for all, not only for few.

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