J.JAGANNADHA RAO, UMESH C.BANERJEE, S.N.PHUKAN, S.B.MAJMUDAR
State Of Manipur – Appellant
Versus
Chandam Manihar Singh – Respondent
Judgment
S.B. Majmudar, J.-Leave granted.
2. We have heard learned counsel for the parties finally in this appeal.
3. Learned senior counsel for the appellants made two-fold grievances in this appeal. In order to appreciate those grievances it would be necessary to note a few relevant facts.
4. The Water (Prevention and Control of Pollution) Act, 1974 (hereinafter to be referred to as ‘the Act’) was adopted by the Legislative Assembly, State of Manipur inpursuance to Clause (1) of Article 252 of the Constitution of India by its resolution No. 36 in its sitting held on 28.12.1987. As the Central Act was adopted and became applicable to the State of Manipur, the appellant No. 1 - State of Manipur under Section 4 of the Act became empowered to constitute State Pollution Control Board (hereinafter to be referred to as ‘the Board’). In exercise of its powers under Section 4 of the Act, the appellant No. 1 - State Government by various notifications constituted/reconstituted the Board from time to time. What is relevant for the present purpose is the reconstitution of the Board by Government Notification dated 5.5.1995. Pursuant to the said notification, the Governor of Manipur reco
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