HC raps Maharashtra government for keeping crucial MPCB posts vacant for 14 years

The court held that the presence of the expert members was very important to help MPCB maintain ecology and environment

The Aurangabad bench of the Bombay high court (HC) recently rapped the state government for keeping the posts of the Maharashtra Pollution Control Board (MPCB) vacant and not filling them up to the optimum level with expert members for 14 years. The court held that the presence of the expert members was very important to help MPCB maintain ecology and environment and hence, the state should inform within a month as to how much time would it take to fill up the posts.

The court sought a positive response from the government over the time in which it would be constituting the board to its optimum level and inform it in the next hearing on September 2. (HT FILE)

The division bench of justice SV Gangapurwala and justice RN Laddha, while hearing the public interest litigation (PIL) by non-governmental organisation (NGO) Lokjagar Foundation through its president Pandharinath Sable, was informed by senior advocate VD Sapkal that the state had not constituted MPCB as per law and many posts of expert members had remained vacant for more than 14 years.

Elaborating on the vacant posts, Sakpal submitted that five members of the local authority and three non-officials representing the fields of agriculture, fishery and industry or trader were vacant. He added that though the posts of experts – which are honorary and would not cause any financial burden on the government – had also remained vacant, causing loss to the environment and ecology.

The state had filed an affidavit admitting that the board was not constituted to its full strength of 17 members. The bench had observed that the affidavit had not mentioned on the steps being taken by the state to make the board functional to its optimum. The bench had then asked the government to provide steps to be taken for appointment of non-official members and the period within which the same could be done.

In its order passed on August 5, the bench noted, “The MPCB has an important role to play in maintenance of ecology and environment. The expert members would always be an asset to the board...14 years is too long a period for the board not being constituted to its optimum.”

The court then sought a positive response from the government over the time in which it would be constituting the board to its optimum level and inform it in the next hearing on September 2.