Explain the delay in setting up Environment Courts: HC

New Delhi, May 24: The Delhi High Court today said the Centre should be serious in setting up Environment Courts as recommended by the Law Commission in 1995 in various parts of the country to deal with the environmental degradation cases.

A division bench headed by acting Chief Justice Vijender Jain said, ''We are not happy with the delaying tactics of the Government in setting up of the Environment courts as suggested by the Law Commission in the aftermath of the Bhopal Gas tragedy in 1984.'' ''We express our anguish over the delay to enact the law by Parliament in this regard,'' said the Bench.

In an affidavit, Union Environment and Forests Secretary Dr Prodipto Ghosh had said, the final decision to accept the recommendations of the Law Commission to set up Environment Courts in all the states to deal with environment degradation-related cases, would be taken by January 2006.

While hearing a petition filed by Biswajit Mohanty on behalf of Cuttack-based Wildlife Society of Orissa, the Judges directed the Government to state its stand on the issue by September 9, the next date of hearing.

Counsel Raj Panjwani appearing for the petitioner submitted that the Centre had failed to create the Environment Courts which the Law Commission recommended for their formation in its 186th report in 1995.

A detailed examination of the recommendations of the Commission in the context of the existing environmental legislation, amendments required in the existing laws, if any, judicial functions being discharged by various authorities, repeal of existing National Environmental Tribunal Act and National Environment Appellate Authority Act would take a comprehensive and lengthy procedure, said the application.

Moreover, for the setting up of the separate courts, the government would require appointment of Judges, infrastructure, staff and funds, said Mr Rajeeve Mehra, the government Counsel.

In a meeting attended by representatives of both Ministry of Environment and Forests and Ministry of Law and Justice, it was considered appropriate to accept the recommendations of the Law Commission pertaining to setting up of the courts and repeal the National Environmental Tribunal Act 1995 and National Environmental Appellate Authority Act, 1997 with certian modifications, said Dr Ghosh.

A draft 'Environment Tribunal Bill 2005' had been prepared in the light of the recommendation and the Centre would be taking steps for the constitution of these courts, added Dr Ghosh.

The Ministry of Law and Justice would set up the courts after the approval of the bill by the Cabinet, said the petition.

Mr Mohanty had filed the petition after the incidents of leakage of amonia gas by Oswal Chemicals and Fertilisers Ltd at Paradeep in Orissa on January 10, 2000 and November 1, 2000.

The petition alleged that in the incident more than 10,000 people were affected and the environment of the region was damaged beyond repair.

Claiming the damage was irreparable, Mr Mohanty said at least Rs 217 crore would be required to regenerate and reclaim the habitat.

The leakage damaged 400 hectares of mangrove forest, coconut and cashew plantations, marine life in the Bay of Bengal and Mahanadi delta, the petitioner claimed.

Had there been a separate environment court, the complaint could have been redressed at the earliest, said Mr Mohanty.

UNI