Section 28 of The Water (Prevention and Control of Pollution) Act, 1974
- (1)Any person aggrieved by an order made by the State Board under section 25, section 26 or section 27 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority (hereinafter referred to as the appellate authority) as the State Government may think fit to constitute: Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 1 [(2) An appellate authority shall consist of a single person or three persons, as the State Government may think fit, to be appointed by that Government.]
- (3)The form and manner in which an appeal may be preferred under sub-section (1), the fees payable for such appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed.
- (4)On receipt of an appeal preferred under sub-section (1), the appellate authority shall, after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as possible.
- (5)If the appellate authority determines that any condition imposed, or the variation of any condition, as the case may be, was unreasonable, then,--
- (a)where the appeal is in respect of the unreasonableness of any condition imposed, such authority may direct either that the condition shall be treated as annulled or that there shall be substituted for it such condition as appears to it to be reasonable;
- (b)where the appeal is in respect of the unreasonableness of any variation of a condition, such authority may direct either that the condition shall be treated as continuing in force unvaried or that it shall be varied in such manner as appears to it to be reasonable.
Summary
- Any person unhappy with a decision made by the State Board can file an appeal.
- This applies to decisions made under sections 25, 26, or 27 of the Act.
- The appeal must be filed within thirty days of receiving the Board's order.
- An appeal can be filed late if there is a good reason for the delay.
- The State Government appoints the person or group that hears the appeal.
- The appeal authority can cancel or change rules they find to be unreasonable.
Practical examples
FAQ
1. How much time do I have to appeal a Board decision under Section 28 of The Water Act?
Under Section 28 of The Water Act, you must prefer an appeal within thirty days from the date you receive the order.
2. Who decides my appeal under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974?
Under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974, the State Government constitutes the appellate authority, which can be one person or three persons.
3. What happens if I file my appeal after 30 days under Section 28 of the Water Act?
Section 28 of the Water Act says the authority may still hear your appeal if they are satisfied you had a sufficient cause for the delay.
4. Can the appeal authority change a rule I don't like under Section 28 of the 1974 Water Act?
Yes, if the authority finds a rule or variation unreasonable, Section 28 of the 1974 Water Act lets them annul it or replace it with a reasonable one.
Test yourself
Q1.Under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974, an appeal can be made against orders from which sections?
Q2.Who appoints the appellate authority under Section 28 of The Water Act?
Q3.According to Section 28 of the 1974 Water Act, what is the composition of the appellate authority?
Q4.If the appellate authority finds a condition imposed under Section 25 is unreasonable, what can they do under Section 28?