ORDER : I.A. No. 45 1. This I.A. has been filed by IDBI stating, inter alia, that it is not able to disburse the loan in respect of 30 per cent share of the cost as ordered by this Court, since several industrial units have not complied with the terms of the grant of such loan. 2. By order dated 5.12.1997, this Court had categorically indicated that in respect of the loan amount to be advanced by the IDBI, it will be secured by the security of the property of the industrial units which are members of various societies and the societies were directed to furnish to the DSIDC the list of the properties of those members which were supposed to have been provided as security to the IDBI. The said order further stated that if required information is not furnished within three weeks from the date of the order, steps should be taken by the Delhi Pollution Control Committee (DPCC) to ensure that the industrial unit which has not furnished the required information is closed down and. for such purpose, assistance of Delhi Administration can be taken. Notwithstanding the order dated 5.12.1997 being unambiguous, we see no reason why the Delhi Pollution Control Committee (DPCC) has not taken steps for closure of those units which have never complied with the terms and conditions of availing the loan from the IDBI. 3. Be that as it may, we call upon the DPCC to close down those industrial units which either have not complied with the terms and conditions of availing loan from IDBI or have not made their contribution from their own resources to the extent of 50%. The DPCC will take steps with the assistance of the Delhi Administration for closure of such units within, a month from today. No further order need be passed in IA No. 45 and it is accordingly disposed of. I.A. No. 198 4. This is an application by Okhla Industrial Estate for modification of order dated 5.12.1997. But, in view of our above order in IA No. 45, Mr. Goswami, learned senior counsel, does not press this application. It is accordingly dismissed. IA No. 205/98 5. I.A. No. 198 4. This is an application by Okhla Industrial Estate for modification of order dated 5.12.1997. But, in view of our above order in IA No. 45, Mr. Goswami, learned senior counsel, does not press this application. It is accordingly dismissed. IA No. 205/98 5. This is an application by Okhla Industrial Society making the prayer to modify the order dated 5.12.1997 and to call upon NEERI to have a fresh look into the question of discharge of effluents by the industrial units in the Okhla estate. Pursuant to the interim order of this Court NEERI has already looked into the matter and has submitted its report to this Court. In this view of the matter, the prayer in this application has become infructuous and no further orders need be passed. It is dismissed accordingly. IA No. 1173/1999 6. This is the second application filed on behalf of the Okhla Industrial Estate with a prayer : a larger CETP be set up to treat the entire effluent falling into river Yamuna and the Society's contribution for 50 m/hr be collected from it; 7. We are unable to accede to the prayer being made, at this stage. The application is dismissed accordingly. 8. Mr. Dave, learned senior counsel, however, in course of his arguments, raised a contention, which is not a part of the prayer, that the Society may be allowed to have its own affluent system. We do not consider it necessary to deal with the said contention in this order. 9. Be it stated that pursuant to the Orders of this Court, the industries which nave not given their contribution for the Purpose of construction of the effluent system, were supposed to have been closed down, but it is stated that because of the I.As. pending therein, the Court has permitted them to continue. In that view of the matter, we direct that all those industries which have not (sic)pplied with the directions this Court regarding paying the contribution for construction of the effluent system must be closed down within one month from today. The DPCC should take appropriate steps on getting information to which of those societies have not given the necessary contribution and take the help of Delhi Administration in the matter of closure. 10. Mr. The DPCC should take appropriate steps on getting information to which of those societies have not given the necessary contribution and take the help of Delhi Administration in the matter of closure. 10. Mr. Dave, in course of his submissions, had contended that pursuant to the interim order dated 27th February, 1998, the Okhla Industrial Society has already deposited its share of contribution on the basis of Common ETP 50 Kiloliter Per 5 Hour Capacity and, according to him, this amount is Rs. 10 lakhs. The said order clearly indicates that the deposit was to be made as approximated by the applicants themselves, but if that amount does not 10 represent the 20% contribution of the Society according to NEERI's second report, then it should be held not to be a due compliance with the Court's order. I.A. Nos. 206-244, 245-283 and 284 11. All these I.A.'s. have been filed by individual members of Badli Industrial Estate. 12. IA Nos. 245-283 are the applications for permission to implead as 20 parties, which are allowed. 13. IA No. 284 is the application for exemption from filing official translation. It is allowed accordingly. 14. I.A. Nos. 206-244 is the substantive 25 application with the prayer "direct for the Constitution of an independent agency to investigate into the correctness of particulars furnished by each and every units and the contribution to be shared by 30 them". We are unable to accept this prayer, inasmuch as the Court had considered the cases of all the industrial units and evolved a scheme of having a society and the societies themselves, of which the 55 applicants are members, are represented before us. In this view of the matter, we are unable to allow this prayer. These application are dismissed accordingly. IA Nos. 285-323 and 324-363. 15. I.A. Nos. 324-363 are applications by individual members of Badli Industrial Estate for impleadment. They are allowed. I.A. Nos. 285-323 16. These applications are with prayer, direct for the Constitution of an independent agency to investigate into the correctness of particulars furnished by each and every units and the contribution to be shared for by them. 17. We have already disposed of the I.As. filed by 78 other individual- applicants I.A. Nos. 206-244/98, we see no justification to take a different view in this batch of interlocutory applications. They are dismissed accordingly. 18. 17. We have already disposed of the I.As. filed by 78 other individual- applicants I.A. Nos. 206-244/98, we see no justification to take a different view in this batch of interlocutory applications. They are dismissed accordingly. 18. I.A. No. 365/98 : The learned Counsel for the applicant states that this I.A. has already been disposed of by order dated 23.11.1998. No further order need be passed. 19. I.A. Nos. 384-387/98 : These I.As are by individual applicants with a prayer that NEERI may be directed to have a fresh look into its report. In view of the earlier interim order of this Court and NEERI having already heard the objections and having given second report these I.As. have become infructuous and are dismissed. 20. I.A. 416/98 : This interlocutory application has been filed by North West Industrial Area CEPT Society with the prayer that NEERI may be directed to rectify all the errors and anomalies appearing in the cost apportionment chart and appropriate directions may be issued to verify the reasons as to why the cost of CETP for different Societies with an identical capacity arc having such a huge disparity. Pursuance to this prayer the Court had already called upon NEERI to give a fresh look into the matter. After hearing the objections from the different societies NEERI has submitted a second report with regard to the cost factor for the construction of the effluent system. After submission of the second report of NEERI the present applicants have already filed objection to the same. Having heard Mr. Subramaniam for the applicants and Mr. S.K. Bhattacharya for DPCC and after going through the second report of NEERI and taking into account the fact that each and every objection has been considered in regard to the second report of NEERI on the cost factor, we see no justification to entertain the objections raised to the second report. Mr. Subramaniam in course of his submission stated that even according to the second report the total cost representing 20% share of the society works at 1.95 crores out of which society has already deposited a sum of Rs. 1.32 crores. Mr. Subramaniam in course of his submission stated that even according to the second report the total cost representing 20% share of the society works at 1.95 crores out of which society has already deposited a sum of Rs. 1.32 crores. For depositing the balance amount he prays for some time and also seeks the permission of the Court that the society may be allowed to find out as to how many of the industries within the area which have not been located or identified and therefore are not giving any contribution and any other contribution so far as any non-existing units are concerned. This is a matter which is really between the society and its members. The Court cannot have any objection to empower the society to have such inspection or any enquiry into the matter and give a list of those industries which though are functioning within the area but are not members of the society and are not contributing to the society, so that appropriate orders can be passed for those industries. For the balance payment of the amount out of 1.95 crores, we allow 4 weeks time to the society to deposit the same. Needless to mention that if this is not being done within 4 weeks from today then the industries can be immediately closed down by the Delhi Pollution Control Committee without further reference to the Court. 21. I.A. is disposed of. 22. I.A. 419/98 : In view of the NEERI report dated 14.10.98, this Society possibly may not be required to make any deposit in pursuance of the order as they have already paid to the MCD. Mr. Bhattacharya appearing for the DPCC on the basis of the instruction from the Chief Engineer who is present in Court says that this is incorrect. In view of the statement, we call upon the Delhi Pollution Control Committee to file an affidavit and also call upon NEERI to file an affidavit within a week from today. 23. Put up after 2 weeks. 24. Until further orders this society need not make any further payment. 25. In view of the statement, we call upon the Delhi Pollution Control Committee to file an affidavit and also call upon NEERI to file an affidavit within a week from today. 23. Put up after 2 weeks. 24. Until further orders this society need not make any further payment. 25. I.A. 421/98 : This application has been filed with the following prayer : (a) to direct the NEERI and or any other competent independent authority to look into the matter afresh regarding the size/ capacity of the CETP to be set up in the case of the report in the light of the above objections/discrepancies raised by the Applicant Society, (b) to direct NEERI (or any other authority so appointed) to make a fresh report of appointment of contribution to be made by the individual units upon review of its report after considering the above objections and hearing of the Applicant's Society. (c) in the meantime extend the time for depositing the balance amount of 20% contribution by members of the Applicant Society till the review and submission of the fresh report by NEERI regarding the apportionment of contribution by individual units as stated above. (d) Direct the MCD to ensure proper maintenance and functioning of the sewerage, storm water, drains and water supply system and other services and to bear the cost of the modified/redesigned collection system. (e) fix a time frame for the DSIDC for the construction and commissioning of the CETP so as to avoid escalation costs. (f) direct the concerned authorities to remove encroachment on the land earmarked for CETP so that any avoidable delay in the construction of the plant with inevitable cost escalation may be minimised or eliminated. (g) to pass similar order/direction as has been done in the case of similarly situated CETP Societies. (h) to pass such other and further order/ orders as this Hon'ble Court may deem fit and proper under the circumstances of the present case. 26. This application had been filed after the NEERI gave his first report. Pursuance to the interim order of this Court NEERI has already given a fresh look to the objections raised, more particularly with regard to the cost factor, as was ordered by this Court. The second report which has been given by NEERI has been considered by us and has beer treated to be final. Pursuance to the interim order of this Court NEERI has already given a fresh look to the objections raised, more particularly with regard to the cost factor, as was ordered by this Court. The second report which has been given by NEERI has been considered by us and has beer treated to be final. The prayer sought for in this application cannot be granted any further. This application accordingly stands rejected. The learned Counsel however says that the NEERI report itself confers certain advantage but we are not concerned at present in the present application. 27. If any individual industry of the society has defaulted in paying its share the society may inform the same to DPCC which shall take steps for closing down of that unit. 28. I.A. 422/98 : This application is by Delhi Factory Owners' Federation giving certain suggestions but in view of the earlier order passed by this Court in the matter this is too late now for us to consider the suggestions and pass any appropriate order. I.A. is disposed of. 29. I.A. 423-425/98 : These three applications have been filed by three independent units to direct the DPCC not to categories the industries as polluting industries. This would practically tantamount to a review of the entire orders passed by this Court earlier. We are unable to accept this prayer. I.As. are accordingly dismissed. 30. I.A. 629/98 : This application has been filed by Keshavpuram Industrial Area CETP Society with the prayer : pass an order directing the National Environmental Engineering Research Institute to undertake a study of the Keshavpuram Industrial Area, Delhi to assess the suitability of the construction of the Common Effluent Treatment Plant in the area keeping in view the extent of Industrial Waste Water discharge by the Industrial units in the area. 31. The contention of Mr. Subramaniam. learned senior counsel is that though this directed NEERI to consider all objections and the applicants had submitted a report of MECON, but the same does not appear to have been considered by NEERI. Be that as it may at some stage finality has to be given to such report and we have already held that the NEERI report is final. In that view of the matter we are not persuaded to agree with the submission made by Mr. Be that as it may at some stage finality has to be given to such report and we have already held that the NEERI report is final. In that view of the matter we are not persuaded to agree with the submission made by Mr. Subramaniam to call upon NEERI to consider the report of MECON and give its response thereto. In that view of the matter, applications stand dismissed. 32. Mr. Subramaniam then contended that out of the cost supposed to have been deposited major amount has already been deposited and says that as per original report of NEERI the Society was required to pay 80 lakh out of which 30 lakh have already been deposited. He further prays that in the second report NEERI had called upon the society to give data so as to finalise the amount to be deposited and though the society has furnished the data since 1999 but no final determination has been made by NEERI so far on which score the society has not been able to make a final deposit in this case. But out of 80 lakh which the NEERI had called upon the society to deposit the Society having deposited 30 lakh earlier wants two days time to deposit Rs. 32 lakh which they have already collected. We allow the society to deposit Rs. 32 lakh within 2 days from today. Neeri is directed to examine the papers furnished by the society and call upon the society as to how much more amount is required and on such determination being made and being informed the society will make the deposit within 2 weeks from the receipt of the intimation from the NEERI. I.A. is disposed of. 33. If any individual industry of the society has defaulted in paying its share the society may inform the same to DPCC which shall take steps for closing down of that unit. 34. I.A. 630/98 : This application is by Naraina Industrial Association praying for several reliefs. It appears that the society had made I.A. No. 140 in I.A. No. 22 with similar reliefs and the Court has rejected the said application on the ground that there is no merit. We see no justification to entertain another application. The I.A. is dismissed. 35. I.A. 630/98 : This application is by Naraina Industrial Association praying for several reliefs. It appears that the society had made I.A. No. 140 in I.A. No. 22 with similar reliefs and the Court has rejected the said application on the ground that there is no merit. We see no justification to entertain another application. The I.A. is dismissed. 35. The learned Counsel further states that the defaulting industries which have not paid contribution and are ready to pay the same to the extent of 30% of the cost to CETP as determined by the NEERI and prays for some time to pay the contribution we grant two weeks time from today to pay the contribution in question failing which the industry shall be closed down immediately. 36. I.A. 631/1998 : Put up after 2 weeks. 37. I.A. 366/373/98 : These applications are by New Zakhira Traders Association No one appears for the applicants when the matter was called out. We see no justification also otherwise to grant relief sought for. These applications are dismissed.