PER HON'BLE MATHUR, J.

The Government of Rajasthan constituted a “Jal Pradushan Nivaran Samiti” to construct, operate and maintain Common Effluent Treatment Plant (CETP) in the territorial jurisdiction of Balotra Municipal Board to prevent pollution and to control the effluents, wastes and sewages discharge by Textile Processing Unit situated in the town of Balotra and the surrounding areas. With a view to accelerate the establishment of the CETP and to make provisions for proposed treatment plant, its expansion and carrying out research work relating to pollution control, it was found expedient to consolidate all activities under one administrative board, thus, the petitioner trust was established by a registered trust-deed dated 28.9.1995 with following objects :

A. To establish and maintain the CETP for control of water pollution, treatment of industrial waste and discharge etc.

B. Without derogating from the generality of the forgoing objects :-

(i) to establish, take over and maintain any CETP, to close down any such CETP and to do all acts, and things necessary for conductive to the promotion of environmental improvements generally;

(ii) to establish research laboratories, institutions and grant aids to the institutions engaged in the research work of pollution control of any nature;

(iii) assist institutions engaged in pollution control by grants from income of corpus and in any other ways;

(iv) to enter into any agreements or arrangements with Government, Local Authority Institution, Body of individuals as may appear conducive to the objects of the said trust and to carry out exercise and comply with such agreements and arrangements;

(v) to print, publish, distribute or support any publications, periodic or wrote for the furtherance of the objects of the said trust;

(vi) to organise and support conference, seminar and discussions for the promotion of the aforesaid objects or any of them; and

C. To do all such other things either along or in connection with others as are incidental or conducive to the attainment of the above objects or any of them.

The trust-deed was registered on 30.8.2010 and the representatives of Laghu Udhyog Mandal, Balotra and President of Hand Process Association, Bithuja became the Managing Trustees of the trust.

Worthwhile to notice that the issue relating to pollution caused by Textile Processing Unit in the town of Balotra and nearby areas was brought on surface by one Shri Mahesh Parekh by way of submitting a letter to Hon'ble the Chief Justice of Rajasthan High Court. The letter was treated as a petition for writ in public interest (DB Civil Writ Petition No.8481/2002, Mahesh Parekh v. State of Rajasthan & Ors.), and that was disposed of on 2.4.2004, in light of the directions given in DB Civil Writ Petition No.759/2002, Mahavir Nagar Vikas Samiti, Pali v. State of Rajasthan & Ors., decided on 9.3.2004. In Mahavir Nagar Vikas Samiti (supra) a Division Bench of this Court issued following directions:-

“1.The Pollution Control Board shall immediately make fresh inspection of the Textile Processing Units at Pali and surrounding areas and in case any of the units are found to be creating pollution and not to the CETPs shall be closed.

2. The units which are creating pollution shall adopt measures to eliminate pollution.

3. RIICO shall set up an industrial area at a suitable place exclusively for textile processing unit. 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.

4. The Trust shall make modification in the CETPs so that the omissions therefrom are compatible with the norms prescribed by the Pollution Control Board.

5. The industrial units which are discharging the industrial pollutant on the land or/and river shall be closed forthwith.

6. The State shall employ experts to assess the damage c