LAL CHAND PRADHAN Vs. ASGAR ALI

JUDGEMENT

(1.) The Court of First Instance has considered the Preliminary Issue of the maintainability of the suit filed by the present Respondents keeping in view the provisions of Section 46 of the Air (Prevention and Control of Pollution) Act, 1981. It has also declined to grant any interim injunction. The First Appellate Court, however. has issued the injunction prayed for, restraining Defendants No.1 to 16 from using their furnaces for making pottery by burning unapproved and polluting fuels.

(2.) The fuels that can be used have been itemised in the Notification No. F.25(258)/SC/LC/DPCC/96/651 dated 27.8.1998. For convenience, this Notification is reproduced below:

(3.) The Order dated 16.10.2001 of the Additional District Judge/First Appellate Court is only interlocutory in nature. A Revision is not maintainable against it after the amendment to the CPC and the exposition of the law is available in Shiv Shakti Coop. Housing Society, Nagpur vs. Swaraj Developers and Others, (2003) 6 SCC 659.