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M.C. Mehta vs Union Of India & Ors on 30 December, 1996

22. 'Notice' means information, an advice or written warning, in more or less formal shape intended to appraise a person of some proceeding in which his interests are involved. Natural justice requires that persons to be directly affected by acts, decisions or proceedings of any authority be given adequate notice of what is proposed so that they may be in a position to make representation. If this essential of justice is ignored and an order to the prejudice of a person is made, the order becomes nullity in the eye of law. Since these essential requirements are not followed in the present case by the respondent-Board, it is difficult to sustain their order which has been notified in the Official Gazette dated 17-7-1997. The reliance placed by learned Counsel Sri Rao on the observations made by Apex Court in the case of M.C. Mehta, supra, is clearly distinguishable inasmuch as in the said decision their Lordships were dealing with different fact situation altogether. Therefore, the said decision would not assist the respondents.
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