ANIL DEV SINGH, C.J. - (1.) These are two applications : DB Civil Misc, Application No. 249/2003, has been filed by Sanganer Kapda Rangai Chhapal Association, which was respondent No. 8 in DB Civil Writ Petition No. 2075/94, whereas DB Civil Misc. Application No. 256/2003 has been filed by the State of Rajasthan. Both the applications are for modification and clarification of our judgment and order dated 7-3-2003 (Reported in AIR 2003 Raj 286). In DB Civil Misc. Application No. 249/2003, it has been prayed as follows : "The Association most respectfully submits to the principles invoked by this Honble Court but most respectfully also prays that this Honble Court may kindly reconsider the levy of fine on the members of the Association and direct that the fine levied be on the basis of a percentage of gross profits of 10% on the turn over in the year 2001-2002 as earned by each of the members of the Association. It is most respectfully submitted that the large majority of the members of the Association are job workers and are not engaged either in any manufacturing or trading activity. The capital employed by the aforesaid job workers in their business is miniscule and the out-go of huge amounts as directed by this Honble Court in its order of 7-3-2003 would entail a complete denuding of the financial capacity of the large majority of the members of the Association and possibly result in their economic ruination. That it is further submitted that this Honble Court has been pleased to direct that the fine levied and collected on member of the Association would be utilized in the copus of funds for setting up of the necessary number of common effluent plant, which is likely to take up to one year. It is submitted that in this circumstance this Honble Court may kindly direct that the fine imposed by this Honble Court as may be modified may be payable in 12 equal monthly instalments to RIICO Ltd. That in the facts of the case this Honble Court may kindly modify the directions in paragraph 50 of the judgment of this Honble Court and kindly state that the industry would stop functioning at the present location unless the location is converted for industrial use by RIICO/State Government after levying conversion and development charges as may be necessary. With the establishment of one, two or more CETPs the grievance of the petitioner would stand corrected and the valid concerns of this Honble Court safeguarded."
(2.) By judgment and order dated 7-3-2003 (Reported in AIR 2003 Raj 286) we held that the dyeing and printing units are discharging effluents, which are polluting the water sources used for agricultural and drinking purposes. We also observed that neither respondent No. 8 nor Rajasthan State Industrial Development and Investment Corporation had taken any concrete steps to pre- vent pollution. While disposing of the writ petition, we directed as follows : "47. In view of the aforesaid legal position, we can straightway direct closure of the industry, but we would like to give a chance to the industry, the State and its concerned instrumentalities, to prevent the degradation of environment and ecology. The industry, the State and its agencies, including RIICO, must set up CETPs, so that effluents are not discharged into the canals, streams and on the ground. Since the printing and dyeing industry is scattered, it may not be feasible for one CETP to cater to the requirement, therefore, it may be necessary to set up two or three or more CETPs at various places depending upon the location of the industry. As the industry has been polluting the water-channels by discharging the effluents they must pay pollution-fine, so that the money collected thus is pooled for the purposes of setting up of the CETP. 48. Keeping in view the aforesaid considerations, we direct as follows : (1) RIICO shall develop an industrial area for dyeing and printing industry, within a period of eight months. Location of the area shall be identified and plans finalized within two months. (2) The owners and proprietors of the present industrial outfits shall be given plots in the industrial area, for which they shall pay the price, as determined by RIICO, at no-profit no-loss basis. (3) Each of the printing and/or dyeing units shall pay the pollution-fine, as per below : @@@ Turn over of Unit for Amount of fine the Period From 1-4-2001 to 31-3-2002 Up to Rs. 1,00,000/- : Rs . 20,000/- Between 1,00,000 and 3,00,000 : Rs. 40,000/- Between 3,00,000 and 10,00,000 : Rs. 1,00,000/- Between 10,00,000 and 50,00,000 : Rs. 5,00,000/- Between 50,00,000 and Rs. one crore and more : Rs. 10,00,000/- @@@ (4) Each of the units, within one month, shall deposit minimum pollution-fine of Rs. 20,000/- with RIICO. The balance amount, depending upon the turnover, shall be paid to RIICO. within two months. In case pollution-fine is not paid within time, the defaulting unit shall be sealed by the respondents. 49. Allotment of alternative sites shall be made only in case the pollution fine is paid by the unit-holders. With the pollutionfine collected by RIICO and with its own resources and resources of "the State, the CETPs shall be set up. 50. The industry, at the present location, shall stop functioning by 31-3-2004."
(3.) On 30-5-2003, it was submitted on behalf of the respondent No. 8 Association that shifting of the industry to industrial areas developed by RIICO shall entail huge expenses and it should be allowed to continue at present sites. It was also contended that pollution could be controlled by setting up CETPs in Sanganer area where dyeing and printing industry is located. It was also submitted that dyeing and printing industry shall provide the funds for setting up of requisite number of CETPs.;