K N MODI Vs. STATE OF U P

JUDGEMENT

(1.) CRIMINAL Revision No. 2330 of 1983 has been filed by the three applicants challenging the order of the Chief Judicial Magistrate Ghaziabad issuing the process to these three persons and eight others against whom a complaint under Section 44 of the Water (Prevention of Control of Pollution) Act, 1974 (hereinafter referred to as 'the Act') has been filed by U. P. Pollution Control Board, Lucknow. This Board [has been constituted by a notification of the Government of U. P. dated 3rd February, 1975, in accordance with the provisions of sub-section of Section 4 of the Act. Subsequently, the Board constituted under the Act was given the name as U. P. Pollution Control Board (hereinafter referred to as 'the Board'), vide notification No. 2179/92-100-74, dated 13th July, 1982.

(2.) THE Act had been enacted by the Parliament 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 pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. This Act was passed in pursuance of Clause (1) of Article 252 of the Constitution under which a large number of States, includiing U. P., had authorised the Union Parliament to pass an Act for regulating matters aforesaid.

(3.) THE main submission of the applicant's counsel in the aforesaid two cases is the same, hence they are being disposed of by means of a common judgment.