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TMI Blog2001 (7) TMI 1185X X X X Extracts X X X X X X X X Extracts X X X X ..... nugopal, R.S. Suri, Mahabir Singh, S.B. Upadhyay, Rajiv Nanda for the appearing parties. ORDER Civil Appeal Nos. 2883 and 4659-4668 of 2000 1. The short question which arises for consideration in these cases is : Whether, there can be a valid levy under the provisions of the Water (Prevention and Control of Pollution) Cess Act, 1977 ('the Act') on the hydro power generating industry? 2. The aforesaid Act was promulgated with a view to levy and collect cess from the units which were thought to cause pollution and the funds so realised were to be entrusted to appropriate authorities, inter alia, for remedial measures. According to section 3 of the said Act, the cess was payable by every person carrying on any specified industry and by ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the carrying on of such industry and the consequent discharge thereof resulting in pollution of any stream and thereupon Schedule I shall, subject to the provisions of sub-section (2), be deemed to be amended accordingly. (2) Every such notification shall be laid before each House of Parliament, if it is sitting, as soon as may be after the issue of the notification, and if it is not sitting, within seven days of its re-assembly and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the People, and if Parliament makes any modification in the notification or directs that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present case the pleadings disclose that no such approval was in fact sought for. 7. During the hearing of the writ petitions before the Himachal Pradesh High Court, an affidavit dated 19-7-1999 was filed by one Dr. Jag Ram, Additional Director in the Ministry of Environment & Forests, Government of India. In paragraph 4 of the said affidavit, he states as follows : "4. That during the course of hearing on 5-7 July, 1999 before this Hon'ble Court reference was made to the averments made in paragraph 5 of the aforementioned affidavit (dated 9-12-1998) by this respondent. In this connection, this respondent submits that the requisite records and bulletins of the Parliament have been further examined. It was found that no resolution rela ..... X X X X Extracts X X X X X X X X Extracts X X X X
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