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1 - 10 of 17 (0.46 seconds)The Chennai Metropolitan Area Groundwater (Regulation) Act, 1987
Article 21 in Constitution of India [Constitution]
Article 253 in Constitution of India [Constitution]
G. Chandra Sekhara Pillai, Suresh Babu. ... vs Chief General Manager, Telecom, ... on 21 February, 2003
23. As pointed by the learned Amicus, though water being a State subject
under Article 253 of the Constitution, the parliament is empowered to enact a
legislation on the state subject. The Hon'ble Supreme Court has also pointed the
same in the case of M.C.Metha Vs Union of India reported in (1997) 11 SCC page
312 and directed the Ministry of Environment and Forest, Government of India to
constitute the Central Ground Water Board as Authority vide notification number
S.O. 38 (E), dated the 14th January, 1997 to exercise powers under sub section (3)
of section 3 of the Environment (Protection) act, 1986 for the purposes of
regulation and control of Ground Water Management and Development.
Section 3 in The Chennai Metropolitan Area Groundwater (Regulation) Act, 1987 [Entire Act]
Rai Sahib Ram Jawaya Kapur And Ors. vs The State Of Punjab on 12 April, 1955
15. Moreover, the Hon’ble Supreme Court has defined the scope of
executive power in Rai Sahib Ram Jawaya Kapur v. State of Punjab, reported in
AIR 1955 SC 549 as follows,
“12. It may not be possible to frame an exhaustive definition of what
executive function means and implies. Ordinarily the executive power
connotes the residue of governmental functions that remain after legislative
and judicial functions are taken away. The Indian Constitution has not
indeed recognised the doctrine of separation of powers in its absolute
rigidity but the functions of the different parts or branches of the
Government have been sufficiently differentiated and consequently it can
very well be said that our Constitution does not contemplate assumption, by
one organ or part of the State, of functions that essentially belong to
another. The executive indeed can exercise the powers of departmental or
subordinate legislation when such powers are delegated to it by the
legislature. It can also, when so empowered, exercise judicial functions in a
limited way. The executive Government, however, can never go against the
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https://www.mhc.tn.gov.in/judis
WP(MD)No.16458 of 2014, etc.,
provisions of the Constitution or of any law. This is clear from the
provisions of Article 154 of the Constitution but, as we have already stated,
it does not follow from this that in order to enable the executive to function
there must be a law already in existence and that the powers of the
executive are limited merely to the carrying out of these laws.”
A.P. Pollution Control Board Ii vs Prof.M.V. Nayudu (Retd.)And Ors on 1 December, 2000
In
Re A.P. Pollution Control Board II v. Prof. M.V. Nayudu, reported in (2001) 2
SCC 62, the Hon'ble Supreme Court has held as follows:
P.R. Subas Chandran vs Govt. Of A.P. And Others on 24 August, 2001
18. It is also the fundamental duty of a State to apply directive principles of
the State Policy as enshrined in Part IV and Part IV-A of the Constitution to
protect and improve the natural environment including forest, lakes, rivers and
wild life to have a compassion for living creature. The Andhra Pradesh High Court
in P.R.Subas Chandran Vs Government of A.P. Reported in (2001) 5 ALD 771
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https://www.mhc.tn.gov.in/judis
WP(MD)No.16458 of 2014, etc.,
has held as follows: