Of the 7 Issues framed Issue No. 4 was one of the most important ones for consideration and it was to the following effect: " Is it shown that the question whether the discharge of the effluent from the factory of the respondent company is polluting water and adversely affects the fertility of the soil, is a question of the subjective satisfaction of the Municipality and that this question is beyond the scope of the present enquiry ? " Along with this Issue, Issue No. 6 had to be considered which was as follows: it If the Point No. 4 is decided in the negative, is it proved that the effluents discharged by the factory of the respondent corrupt potable waters of the wells in the surrounding area so as to render them unfit for any use, and also affect prejudicially the fertility of the soil in the surrounding area by percolation?" The Special Officer decided Issue No. 4 in the affirmative and held that the question whether the discharge of the effluent polluted the water and adversely affected the fertility of the soil was one for the subjective satisfaction of the respondent Municipality and was beyond the scope of the enquiry before him.