Arun Mishra, J. - (1.) These in the Court appeals have been preferred as against the decision rendered by the single bench deciding several writ petitions on 11.04.2008. The order passed by the Rajasthan state pollution control board was subject matter of challenge before the Single Bench with the prayer that industries should not be closed and shifted to newly set up industrial area unless adequate infrastructure is provided by RIICO.
(2.) The single bench has held that continuance of the industries would mean violation of decision of division bench in the case of Mahaveer Nagar Vikas Samiti v. state of Rajasthan, D.B. civil writ petition no. 759/2002. Apart from that, the single bench found that none of the industries is having consent from the pollution control board and the continuance of such industries would be in violation of the water (Prevention of Control of Pollution) Act, 1974 (for short, hereinafter to as the act of 1974). Aggrieved by the dismissal of the writ petitions, these intra Court appeals have been preferred.
(3.) Before we dilate upon the various submissions made by learned counsel for the appellants, we deem it appropriate to quote the directions issued by the division bench in the case Mahaveer Nagar Vikas Samiti v. State of Rajasthan (supra) decided on 21.02.2008, in which the interim mandamus granted vide order dt. 09.03.2004 was made absolute while passing the final order. The following directions were issued by the division bench of this Court on 09.03.2004:- (i) The Pollution Control Board shall immediately make fresh inspection of the textile processing unit at pali and surrounding areas and in case any of the units are found to be creating pollution and not connected to the CETPs shall be closed (ii) The units which are creating pollution shall adopt measures to eliminate pollution. (iii) RIICO shall set up an industrial area at suitable place exclusively for textile processing units. The industrial area must be located at an appropriate distance from residential areas. RIICO shall set up the industrial area within a period of six months and the industry shall be shifted to the industrial area from residential areas immediately thereafter. (iv) The trust shall make modification in the CETPs so that the emissions there from are compatible with the norms prescribed by the pollution control board. (v) The industrial units which are discharging the industrial pollutant on the and or/and river shall be closed forthwith. (vi) The state shall employ experts to assess the damage caused to the environment and health of the public by the pollution created by the units. On assessment of the damage, the concerned authority shall file a report in this Court within period of eight weeks, whereupon the question of payment of compensation by the units on the principle of polluter pays shall be determined.";