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2012 Supreme(UK) 68

BARIN GHOSH, U.C.DHYANI
RAKESH KUMAR DIXIT – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioner:Mr. L.K. Verma, Advocate
For the Respondent No. 1: Mr. Vinay Kumar, Standing Counsel
For the Respondent No. 2:Mr. Rakesh Thapliyal, Advocate
For the Respondent Nos. 3 & 4:Mr. J.P. Joshi, Advocate
For the Respondent Nos. 5 & 6: Ms. Bina Pande, Standing Counsel

Judgment

Barin Ghosh, C.J. (Oral)

All these writ petitions address common questions of law and facts and, accordingly, they are disposed of by the following common judgment and order.

2. Section 18 of the Uttar Pradesh Water Supply and Sewerage Act, 1975 authorized the State Government of Uttar Pradesh to establish Jal Sansthans. Sub-Section(4) of Section 18 of the said Act declares that once a Jal Sansthan is established, the same shall become a body corporate having perpetual succession and a common seal and shall be entitled to sue and be sued by the name of “Jal Sansthan” as specified in the notification establishing such Jal Sansthans and have the power to acquire, hold or dispose of property. Section 27 of the said Act authorized Jal Sansthans, with previous approval of the State Government, to create such posts of officers and other employees and with such designations as it considers necessary for the efficiency performance of its functions. Section 27-A of the said Act authorized the Government to provide for the creation of one or more services of such officers and servants as the State Government may deem fit common to Jal Sansthans or to Jal Sansthans, Nagar Mahapalikas










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