JUDGMENT : 1. Pursuant to this Court's order dated 30th August, 2000, we have had the benefit of the assistance of the learned Attorney General in advising us as to how to solve the problem. 2. To recapitulate, in April 1996, this Court had, inter-alia, directed the closing down of the industries working in non- conforming and residential areas with effect from 1st January, 1997. An exercise was to be undertaken to see which of the industries which were known as household units could be allowed to function in the residential areas. There was also proposal with regard to establishment of industrial estates. Later by order dated 18th December, 1996, this Court took note of the fact that NCT Delhi Administration was seriously processing the project of relocating the industries operating in residential/ non-conforming areas. Accordingly, the Court decided to step inside while leaving it to the Government to extend the time for closure of the industries, if necessary. 3. Since December 1996, little or no action was taken. Ultimately on 8th September, 1999, a Division Bench of this Court directed the implementation of the earlier orders which had been passed. The industries working in non-conforming and in residential areas were required to relocate and under no circumstances were the industries permitted to continue beyond 31st December, 1999. 4. In the affidavits which have been filed pursuant to this Court's order dated 30th August, 2000, it appears that there has been a continuous breach of this Court's orders. Neither industrial estates have been established nor plots allotted to enable relocation nor any of the units working in the non-conforming area shut. The affidavit filed on behalf of the Ministry of Urban Development categorically states that it does not share the perception of the National Capital Territory Delhi Administration that there should be a change in the Master Plan because that will in effect amount to rewarding a wrong doer. This is a stand which is to be commended as it shows that there is a will to implement and uphold the law. The MCD as well as the NCT were happy to regularise the illegality by amending the Master Plan. It has been submitted by Mr. This is a stand which is to be commended as it shows that there is a will to implement and uphold the law. The MCD as well as the NCT were happy to regularise the illegality by amending the Master Plan. It has been submitted by Mr. M.L. Verma, learned senior counsel appearing for the NCT, Delhi that as now the NCT has got to know that the Ministry of Urban Development is not granting approval to the amendment of the Master Plan, his clients will have to take stock and reconsider as to what to do. He requests for short time. 5. In the affidavit which has been filed on behalf of the NCT, it was stated that there were 1,01,000 units working in the non-conforming areas including residential areas. This was in the year 1995-96. The DPCC has informed on the basis of the survey conducted in January-February 1996 that the number of non-conforming industries was 97,411. When advertisement was issued asking the industries to apply for relocation, only 51,851 filed the applications. This means that 45,560 industries who were operating in the non-conforming areas including the residential areas did not even apply for relocation. Out of 51,851 who applied, it was found that only 23,948 were eligible. This means, about 27,903 were ineligible but were continuing to function. Thus, out of those industries who were in existence in January-February 1996, 73,463 were not eligible for relocation or had not applied, but are still today functioning. The figures of 1996 have not yet been updated. We dare say the number of industries operating therein must have multiplied. 6. In the affidavits which have been filed on behalf of the NCT as well as the MCD, no explanation has been offered with regard to these 73,463 units which are admittedly not entitled to relocation. With regard to the other units which are entitled to allotment of land which are 23,948, only provisional eligibility letters had been issued and specific plot nos. have been allocated only to 547 F-Category units. The break-up of 97,411 industries indicates that 38,936 are in Category F which prima facie appear to be polluting industries. 7. The learned Attorney General submitted that the primary consideration of the Court should be towards the health and well-being of the citizens. have been allocated only to 547 F-Category units. The break-up of 97,411 industries indicates that 38,936 are in Category F which prima facie appear to be polluting industries. 7. The learned Attorney General submitted that the primary consideration of the Court should be towards the health and well-being of the citizens. We entirely agree with this submission and it is by keeping this principle in mind that the Court should approach the problem in hand. He also submitted that with regard to non-conforming industries which are non- hazardous and non-polluting, some more time may be given to relocate. But we find that a large percentage of the industrial units which are functioning in the residential areas are those which fall in the category of polluting units - either they cause water pollution or air pollution or pollute the land. From the affidavits filed by the Governmental agencies other than the Ministry of Urban Development, one thing is quite clear that there is a systematic effort which has been made in seeing that this Court's orders are not implemented or complied with and somehow there is in situ regularisation of the polluting industries. In other words, the wrong doer should not be punished, but they should be helped to retain the advantage of their wrongful acts. There is obviously no will or effort either on the part of the NCT or of the MCD in implementing and maintaining the rule of law. Under these circumstances, it will be appropriate that a nodal agency is appointed to ensure the enforcement of law. We, therefore, appoint the Ministry of Urban Development to act as a nodal agency. The said Ministry will create a Cell to see to the implementation of various orders passed by this Court as well as the implementation of the Master Plan. The nodal agency, so created, shall have all the powers under Sections 3(3) and 5 of the Environment (Protection) Act, 1986. It is clarified that all the local Governmental agencies and the industries shall co-operate to the nodal agency for the implementation of this order. 8. At this stage, it is appropriate to take into consideration the submissions of Mr. D.D. Thakur, learned senior counsel appearing for Delhi Manufacturers' Federation and Mr. It is clarified that all the local Governmental agencies and the industries shall co-operate to the nodal agency for the implementation of this order. 8. At this stage, it is appropriate to take into consideration the submissions of Mr. D.D. Thakur, learned senior counsel appearing for Delhi Manufacturers' Federation and Mr. Gopal Subramanium, learned senior counsel appearing for Delhi Factory Owners Federation, who contended that under the Master Plan the industries were required to shift three years after the allotment of plots to them. Even if this be so, the fact remains that the Master Plan came into effect in 1990. No action was taken though the Master Plan required relocation within three years. Both the industries and the Governmental agencies were happy or content in ignoring the said provision. Notwithstanding the existence of this provision, in 1996 this Court directed the closure of the industries with effect from 1st January, 1997. In the order of December 1996, the Government was allowed to extend the time but by the order dated 8th September, 1999, this Court in no uncertain terms directed the closure of the non-conforming industries by 31st December, 1999 if they were not being relocated. Under the circumstances, the question of the industries getting three years after allotment of land to shift does not arise. That part of the Master Plan has been rendered unworkable by the industries as well as the Governmental agencies concerned. 9. Keeping in mind the aforesaid submission of the learned Attorney General that the health and well-being of the people must be protected, it is imperative as a first step that all polluting industries of whatever category operating in the residential areas must be asked to shut down as soon as possible. Mr. K.N. Raval, learned Addl. Solicitor General seeks time to ascertain and determine the particulars of such industries and he undertakes to place on record within two weeks from today particulars in regard thereto. Once these particulars are received, orders will be issued, if necessary and if not already done by the nodal agency, for their closure. 10. As we have already noted, 23,948 applicants were approved for allotment of plots/flats. Only 547 Category F units have been allocated specific plots. We direct the NCT Delhi Administration to allocate specific plot numbers to the balance eligible allottees within three weeks from today. 10. As we have already noted, 23,948 applicants were approved for allotment of plots/flats. Only 547 Category F units have been allocated specific plots. We direct the NCT Delhi Administration to allocate specific plot numbers to the balance eligible allottees within three weeks from today. It is made clear that if payment is not made by any of these allottees on a demand being raised, their allotment shall stand cancelled and they shall have to close down the unit immediately. 11. There are some units to whom possession has been offered and only 15 of them have taken possession. If these units do not take possession within one week from today, their allotment will be cancelled and they will be directed to be closed down within three weeks from today. 12. To come up after three weeks. 13. At the end, we would like to clarify that the relocation of the industries need not necessarily be in Delhi. It can be anywhere in the NCR or even outside NCR.