LAWS(UTN)-2007-4-21

CHAIRMAN, NAGAR PALIKA PARISHAD, HARIDWAR Vs. NIRDOSH MAMGAIN

Decided On April 03, 2007
Chairman, Nagar Palika Parishad, Haridwar Appellant
V/S
Nirdosh Mamgain Respondents

JUDGEMENT

(1.) HEARD Sri Pankaj Miglani, counsel for the Appellants.

(2.) BY the present second appeal filed under Section 100 of the Code of Civil Procedure, the Defendants -appellants have prayed for setting aside the judgment and decree dated 15 -12 -2006 passed by the Addl. District Judge/3rd F.T.C., Haridwar in Civil Appeal No. 38 of 2005 by which the appeal filed by the Defendants -appellants has been dismissed and the judgment and decree dated 05 -07 -2005 passed by the trial Court in Civil Suit No. 228 of 1997 has been confirmed.

(3.) ACCORDING to the case of the Plaintiffs, they are interested in the welfare of the city and as per bye -laws dated 21st August, 1952, there is a ban on the movement of the pigs, but pigs are seen everywhere. Due to these pigs, garbage is scattered everywhere and the tourists, who are coming to Haridwar City are being harassed by the pigs as well as due to garbage scattered by them. Due to this fact, the entire environment of the Haridwar City is being affected. Even the pigs are playing with the life of the tourists.