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2008 DIGILAW 216 (ORI)

SAMARESWAR MOHANTY v. STATE OF ORISSA

2008-03-13

ASOK KUMAR GANGULY, I.MAHANTY

body2008
JUDGMENT : A.K. Ganguly, C.J. - Heard Learned Counsel for the parties. Most of the grievances which have been made in this Writ Petition filed in the nature of Public Interest Litigation have been satisfied during the pendency of the petition. 2. The Learned Counsel appearing for the State Pollution Control Board is present in person. So far as the prayers at (A) & (B) are concerned, it appears that an Appellate Authority has been constituted. The Learned Counsel appearing for the State Pollution Control Board has handed over to us the notification dated 14th August 2003 showing constitution of the Appellate body of which a sitting Judge of this Court is the Chairman. 3. His next prayer is to establish and notify the State Water Laboratory for the State of Orissa. Prior to coming to the prayer (C), Learned Counsel has submitted that the Appellate Authority has been constituted but rules have not been framed for its functioning. 4. Learned Counsel for the Opposite Parties submits that V the relevant rules, which have been framed, have also been notified in the Orissa Gazette dated 17th August 1998. In the said rules, there are detailed provisions for functioning of the Appellate Authority. 5. So far as prayer (C) relating to notifying the establishment of State Water Laboratory for the State of Orissa is concerned,Learned Counsel for Pollution Control Orissa is concerned, Learned Counsel for Pollution Control reported in Mrs. Maneka Gandhi Vs. Union of India (UOI) and Another, by the Constitution Bench of the Hon'ble Apex Court following the dictum of Justice Byles, J. in Cooper v. Wandsworth Board of Works (1963)that even though there are no positive words in the statute requiring that the party shall be heard, yet justice of the common law will supply the omission of the legislature. 6. Since the Constitution Benches of Hon'ble Supreme Court in the cases of Kripak and Meneka Gandi have accepted that the principles of natural justice is a part of all adjudicatory process in our laws, in our view, the enquiry as contemplated in Section 25 of the said Act has to be made keeping in view the principles of natural justice and it has to be a just and fair enquiry. Therefore, there is no reason for this Court to pass any further direction in this regard. 7. The Writ Petition is, thus, disposed of.