S MAHADEVA SINGH Vs. DIVISIONAL COMMISSIONER MYSORE DIVISION

JUDGEMENT

(1.) The petitioner has been running a small scale power industry with a five H.P. electric motor for wood cutting and welding, at premises No. 1047/37-A, V Cross, Vidyaranyapuram, Mysore-4, with license from the Municipality, for the past about ten years. Respondent No. 3 has been constantly presenting petitions to the Municipal Council and also to the higher authorities against the renewal of the license of the petitioner. When the application for its renewal for the year 1966-67 came up for consideration, it was rejected by the Commissioner, but, on appeal to the Council, the renewal was accorded. Aggrieved by the ord er of renewal, respondent No. 3 presented a petition to the Divisional Commissioner, Mysore Division.

(2.) The Divisional Commissioner who is the first respondent before us, called for a report from the Municipal Commissioner as to whether the running of the industry by the petitioner is a nuisance to the public or not. The report submitted was in favour of the petitioner in which it was stated that the licensee has not been running any industry other than the one stipulated in the license granted by the Municipality and that there is no nuisance caused to the public by running the industry. The Commissioner, however, opined that the industry should be shifted to the Industrial suburb as soon as possible.

(3.) Thereafter, the Divisional Commissioner heard Counsel for both the parties and passed the order impugned in the present writ petition. The Commissioner apparently based his order on the ground that all industries should be located as per the "canons of urban planning"' and that it would be wrong to locate small or big industries in residential areas. He, therefore, passed the impugned order, the operative portion of which reads thus: :But considering all the circumstanies, it seems just that he should shift before the end of March 1969. The licensing authority will examine the imposition of a condition to this effect, if it decides to renew the license for the year 1968-69 making it clear that the license will not be renewed beyond 31-3-1969 at its present location on any account. Whether amenities required by him are ready or not in the industrial area it is up to the licensee to see that these amenities are obtained by moving the authorities concerned.