JUDGMENT 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 dated 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. 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." 4. The division bench of this Court, directed to close down the industries which were causing pollution and not connected to common effluent treatment plant (for short, referred to as CEPTs RIICO was also directed to set up industrial area for textile processing units at an appropriate distance from the residential areas within six months, where the industries were to be shifted. Requisite modification of CETPs was also ordered. The units which were discharging industrial pollutant on the land and/or river were ordered to be closed down. Other requisite directions with respect to the submission of reports etc. Were also issued. 5. Attention has been attracted by Mr. M.S. singhvi and other learned counsel appearing on behalf of the appellants that in the treatment of the effluent discharged by the industries, the main problem is caused by missing of sewerage effluent by the municipal council in spite of the direction issued by the single bench in this regard to separate the sewerage effluent from the effluent discharged by the industries. So far it has not been done and the capacity of the CEPEs is limited. For one of such CEPT, the capacity is 9.08 MLD, whereas the effluent received is much more than that, the excess of effluent is contributed by sewerage effluent also appropriate directions be issued to the municipal council to complete the segregation of sewerage lines and drains. The direction issued vide the interim order dated 02.03.2009 has not yet been complied with by the municipal council. 6. It is submitted by mr. The direction issued vide the interim order dated 02.03.2009 has not yet been complied with by the municipal council. 6. It is submitted by mr. manoj bohra, learned counsel appearing for some of the appellants, that RIICO has not property developed the industrial area, thus. RIICO be directed to develop the industrial area properly, 7. It is also submitted by learned counsel appearing in some of the cases that appellants have applied for allotment of the land to RIICO for establishing their industrial units in the industrial area developed by RIICO, but their applications are pending and have not been decided. 8. Mr. B.P. Bohra, learned counsel appearing in D.B. Civil special appeal (writ) Nos. 1089/2008, 04166/2008 and 465/2009 submitted that the area in question where the industry was being operated falls within the industrial area specified in the master plan and it is open to the state Government to regularise such industries and RIICO may be directed to develop industrial area at the place which is marked for industrial area in the master plan where the aforesaid industries are situated. However, he has conceded that no consent has been issued by the Pollution Control Board to run the industries. 9. Mr. Manish shishodia, learned counsel appearing on behalf of the pollution control board has submitted that in view of the directions issued by this Court, RIICO has established the industrial area and the municipal council has also undertaken the projects for segregation of city sewerage from industrial effluent of industrial area and the work is being done in phase I and phase II. He has produced a letter dated 17.01.2011 of the Rajasthan State pollution control board containing the aforesaid information. It has been mentioned in the letter that project of sewerage and drainage of pali under the urban infrastructure development scheme has been considered and the trust constituted for operation of CETP, vide letter dated 10.12.2007, has informed that a sum of Rs. 36.60 lacs has been deposited on 18.09.2007 as contribution to the municipal board and tenders have been invited for the said purpose. It has also been mentioned that separate drain has already been constructed from subhash nagar siphon to Gandhi nagar. It is further mentioned that sewerage system work has already been awarded to M/s. APR (Projects) Pvt. Ltd. Hyderabad for Rs. It has also been mentioned that separate drain has already been constructed from subhash nagar siphon to Gandhi nagar. It is further mentioned that sewerage system work has already been awarded to M/s. APR (Projects) Pvt. Ltd. Hyderabad for Rs. 30.11.1965 lacs by RULDP and the expected date of completion is by the end of January 2012. It is also mentioned that RUIDP has identified the site for STP near ESI hospital at Punayata road. As per information furnished by the municipal council, pali, M/s En-Virad (Project), Kanpur has been awarded work of STP capacity 7.5 MLD with the cost of Rs. 8,22,99,300/- and the construction work is under progress. It is expected that the STP construction work will be completed by the end of April 2011. Thus, the order passed by this Court is being complied with by the municipal council and for proper management of the effluent, directions have been issued that the industries should function on rotational basis so that effluent does not exceed than the capacity of CETP. 10. Mr. Raj Kumar Mehta and Mr. Vineet mathur appearing on behalf of RIICo has submitted that pending applications will be decided by RIICO and RIICO will make endeavour to accommodate as many industries as possible in the industrial area which has been developed by it. It is further submitted that RIICO has already developed the punayata industrial area with 307 industrial plots which are connected to operating CETP of the capacity of 12 MLD. The non conforming area units have started shifting to RIICO industrial area, punayata and 35 textile units have started the construction. 11. After hearing both the parties and the grievances raised against the impugned order, we are of the opinion that the single bench is right in not allowing the writ petitions as none of the industries has obtained the consent of the pollution control board and without the consent of the pollution control board under the act of 1974, industries cannot be permitted to operate, RIICO was directed by the Division Bench of this Court in the case of Mahaveer Nager Vikas Samiti v. The State of Rajasthan (supra) to develop separate industrial area for the textile industries and from the progress report submitted it is apparent that separate industrial area has already been developed and industries have started shifting to that place. On specific query being put to the learned counsel in this regard, they were unable to point out specifically as to what is lacking in the industrial area which has been developed by RIICO, however, suffice it to observe that it is bounden duty of RIICO to develop the industrial area in an appropriate, effective manner and to provide all necessary facilities. 12. So far as mixing of sewerage effluent with the industrial effluent is concerned, from the communication dated 17.01.2011 which has been placed on record by the learned counsel appearing for the pollution control board, it is apparent that steps have been taken and project is under way, the sewerage system work has already been awarded to M/s. APR (Projects) Pvt. Ltd., Hyderabad for a huge amount of Rs. 30.11.1965 lacs, which is to be completed by the end of January 2012] whereas the RUIDP has identified the site for STP near ESI. Hospital at punayata road and contract has been awarded to M/s. En-Virad (Projects) Kanpur for STP capacity 7.5 MLD with cost of Rs. 8,22,99,300/- and the construction work is under progress and is to be completed by the end of April 2011. Thus, it is apparent that effective steps have been taken for segregation of city sewerage from industrial effluent in Phase-1 and Phase-II by the municipal council, pali, let the work be completed as far is possible within the time limit specified in the aforesaid communication dated 17.01.2011 13. With respect to submission made by learned counsel Mr. B.P. Bohra that the industries of the appellants represented by him are in the area which has been specified in the master plan to be industrial area, however, the fact remains that for the purpose for of textile industries, separate area has been developed as per directions of this Court and there is no consent obtained by these industries from the Pollution Control Board, as such we cannot permit these industries to run. Learned counsel has submitted that the appellants may apply to the concerned authorities for conversion of the area into the area for textile industries. We refuse to comment on the same. The appellants are free to do it only if permissible in accordance with law and without violating the decision of this Court. 14. Learned counsel has submitted that the appellants may apply to the concerned authorities for conversion of the area into the area for textile industries. We refuse to comment on the same. The appellants are free to do it only if permissible in accordance with law and without violating the decision of this Court. 14. In view of the aforesaid, we find that no case for making further interference is made out as steps for segregation of sewerage effluent and industrial effluent are being taken by the municipal council and industrial area has already been developed by RIICO for the purpose of textile industries and in our opinion, no industry can be permitted to run without the consent of the pollution control board under Section 25 of the act of 1974, the subsequent steps taken for compliance of the order are found to be satisfactory. 15. Consequently, these appeals stand disposed of.Appeal Disposed of. *******