AGGRAWAL TEXTILES INDUSTRIES Vs. STATE

JUDGEMENT

(1.) THESE three writ petitions filed under Article 226 of the Constitution of India, involve common questions with regard to the validity of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (hereafter referred to as 'the Act') and are, therefore, disposed of by a common order.

(2.) THE Act, which came into force in the State of Rajasthan on 23rd March, 1974, was enacted by the Parliament with a view to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water. The Act was enacted in accordance with the provisions of Article 252 of the Constitution of India after resolutions in pursuance of Clause (1) of Article 252 of the Constitution had been passed by the houses of the Legislatures of the various states, including the Legislature of State of Rajasthan, to the effect that the matters aforesaid should be regulated in those States by the Parliament by law. Section 3 of the Act provides for the constitution of the Central Board for the prevention and control of water pollution. Section 4 provides for the constitution of the State Boards for the prevention and control of water pollution. Section 16 lays down the functions of the Central Board and the functions of the State Boards set out in Section 17 of the Act. Section 19 empowers the State Government, after consultation with or on the recommendation of the State Board, to issue notifications restricting application of the Act to such area or areas as may be declared tin rein as water pollution, prevention and control area or areas, and after the issue of the said notification, the provisions of the Act would be applicable only to such area or areas. Section 24 prohibits a person from knowingly causing or permitting any poisonous, noxious or polluting matter to enter into any stream or well, and further prohibits a person from knowingly causing or permitting to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes of its consequences. Section 25 of the Act enables the State Board to give its consent for the discharge of sewage or trade affluent into a stream or well subject to such condition as it may impose. Section 26 makes the provisions of Section 25 applicable to cases where immediately before the commencement of The Act, any person was discharging any sewage or trade effluent into a stream or well. Section 27 empowers the State Board to review from time to time, any condition imposed under Section 25 or Section 26 and to vary or revoke such condition. Section 28 provides for an appeal to an appellate authority against an order passed be the State Board under Sections 25, 26 or 27 of the Act. Section 29 confers a revisional power on the State Government in relation to orders passed by the State Board under Sections 25, 26 or 27 of the Act. Section 32 enables the State Board to take emergency measures in cases of pollution of stream or well. Section 33 empowers the Board to make an application to a court not inferior to that of Presidency Magistrate or a Magistrate of the first class, for an order restraining the person who is likely to cause pollution of the water in any stream or well by reason of the disposal of any matter therein. Section 41 lays down the punishment for the failure to comply with any direction issued by a court under Section 33 of the Act. Section 43 prescribes the penalty for contravention of the provisions of Section 24; and Section 44 prescribes penalty for contravention of the provisions of Sections 25 and 26.

(3.) THE Central Board for the prevention and control of pollution of water, respondent No. 2 in these writ petitions, is the Central Board constituted in accordance with the provisions of Section 3 of the Act. The State Board for the prevention and control of pollution of water (hereinafter referred to as the 'State Board'), respondent No. 3 in these writ petitions, is the State Board constituted in accordance with the provisions of Section 4 of the Act for the State of Rajasthan.