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1981 Supreme(P&H) 51

S.P.GOYAL, J.V.GUPTA
Municipal Corporation Of Jullundur City – Appellant
Versus
Union Of India – Respondent


Judgment

J.V.GUPTA, J.

1. This order will dispose of Civil Writ Petition No. 5152 of 1978 and Civil Writ Petition No. 3358 of 1979, as common questions of law are involved in both of them.

2. Civil Writ Petition No. 5152 of 1978, has been filed by the Municipal Corporation, Jullundur, which is a body corporate under the Punjab Municipal Corporation Act, 1976. Section 44 of the said Act provides certain obligatory functions of the Corporation including the provision for supply of water for public and private purposes. Thus, the Corporation has its own water supply system.

3. In the year 1974 the Parliament, in the exercise of its powers under Article 252 of the Constitution of India, on resolution having been passed by the Legislatures of more than two States, enacted Act No. 6 of 1974, called the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter called the Act of 1974). the preamble of which reads as, follows:

"An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water polluti


























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