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Section 29 – The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974

 

29. Revision.—

 

(1) The State Government may at any time either of its own motion or on an application made to it in this behalf, call for the records of any case where an order has been made by the State Board under section 25, section 26 or section 27 for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it may think fit:

 

Provided that the State Government shall not pass any order under this sub-section without affording the State Board and the person who may be affected by such order a reasonable opportunity of being heard in the matter.

 

(2) The State Government shall not revise any order made under section 25, section 26, or section 27 where an appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has been preferred such appeal is pending before the appellate authority.

 

COMMENTS

 

Limitation

Revision lies against an order which has been made by the State Board under section 25, section 26 or section 27, to the State Government. No period of limitation is prescribed for filing a revision application. Revision is not a right given to a party but is only a power conferred on the authority, which that authority may or may not exercise on the facts and circumstances of the case; Balkishan v. Union of India, (1994) 3 SLJ (CAT) 440.

 

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The Water (Prevention and Control of Pollution) Act, 1974

 

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