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2015 Supreme(Raj) 635

MOHAMMAD RAFIQ
Union of India – Appellant
Versus
Rajasthan State Board for Prevention & Control of Water Pollution, Jaipur – Respondent


Advocates Appeared
J.K. Singhi, Senior Counsel, assisted by Kushagra Sharma, for Petitioner;
Ms. Anita Agarwal with Laxmi Kant, for Respondents

Hon'ble RAFIQ, J.—This is perhaps the oldest writ petition pending before this court in which Union of India and Rajasthan Atomic Power Station have approached this court challenging assessment order dated 04.03.1985 passed by the Member Secretary, Rajasthan State Board for the Prevention and Control of Water Pollution, Jaipur, in the capacity as Assessing Authority, under Section 6 of the Water (Prevention & Control of Pollution) Cess Act, 1977. Also under challenge in the writ petition is the order dated 30.07.1985 by which the appeal filed by petitioner against aforesaid order of assessment has been dismissed by respondent no.3 – the Appellate Committee, Rajasthan State Board for prevention and Control of Water Pollution, Jaipur. Petitioner No.2 – the Rajasthan Atomic Power Station (for short, 'the petitioner RAPS') has been set up at Kota in the State of Rajasthan by the Central Government. The Parliament enacted the Water (Prevention and Control of Pollution) Act, 1974 (for short, 'the Pollution Act') for the purpose of prevention and control of water pollution and for maintenance or restoration of the wholesomeness of water and for the establishment of Boards for the preventi


































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