JUDGMENT

AHMADI, J.:— Special leave granted in all cases.

2. Pursuant to the resolutions passed by certain State Legislature including that of Rajasthan under clause (1) of Art. 252 of the Constitution, Parliament enacted The Water (Prevention & Control of Pollution) Act, 1974 (Act VI of 1974), (hereinafter called the 1974 Act), to provide for the prevention and control of water pollution, the maintaining or restoring of wholesomeness of water, the establishment of Boards for the prevention and control of water pollution, the conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.Pollution, as defined in section 2(e), means "such contamination of water or such alteration of physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms". "Sewage effluent" according to S. 2(g) means ."effluent from any sewage system or sewage disposal works and includes sullage from open drains", "Trade effluent" according to S. 2(k) includes "any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any trade or industry, other than domestic sewage". Sections 3, 4 and 13 provide for the constitution of a Central Board, a State Board and a Joint Board, respectively. S. 16 enumerates the functions of the Central Board constituted for promoting cleanliness of streams and wells in different areas of the State. Section 17 sets out the functions of the State Board which amongst others, include preparing a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and for securing its execution; inspection of sewage or trade effluents, works and plants for the treatment of sewage and . trade effluents. evolving methods for treatment of sewage and trade effluents and for the disposal thereof and laying down standards of treatment of sewage and trade effluents to be discharged into any particular strearn. Sections 21 and 22 confer power on the State Board or any officer empowered by it to take for the purpose of analysis samples of water from any stream, or well or samples of any sewage or trade effluent which is passing from any plant or vessel or from any other place into any stream or well and to send the samples for analysis to the laboratory established or recognised for that purpose by the concerned Board. Section 24 prohibits the use of any stream or well for the disposal of polluting matters. Section 25 imposes restrictions on new outlet and new discharges Section 25(1) reads as under:

"Subject to the provisions of this section, no person shall without the previous consent of the State Board, bring into use any new or altered outlet for the discharge of sewage or trade effluent into a stream or well, or begin to make any new discharge of sewage or trade effluent into a stream or well."

Under these provisions the application for consent has to be made to the State Board in the prescribed form containing the particulars relating to the proposed construction, installation or operation of any treatment or disposal system or of any extension or addition thereto. Sub-section (7), which is relevant for our purpose, reads as under:

"The consent referred to in sub-sec. (1) shall, unless given or refused earlier be deemed to have been given unconditionally on expiry of a period of four months of the making of an application on this behalf complete in all respects to the State Board."

Section 26 provides that persons discharging sewage or trade effluent into a stream or well before the commencement of the Act shall apply for consent within a period