BHAVIK SHAILESHBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Several issues pertaining to the old city of Ahmedabad particularly, in connection with the unauthorised use and occupation of various residential and other properties are being examined by the Court in this public interest petition. One of the issues which we presently propose to address is regarding various small units who use furnaces for melting gold, silver and other metals for manufacturing ornaments which are situated particularly in areas of Manekchowk, Raipur and Khadia. The Municipal authorities agree that such units do not have requisite licenses. The gases emitted during such manufacturing process are also highly hazardous and injurious to health. We can take judicial notice of the fact that the old city of Ahmedabad contains extremely congested residential as well as non residential properties. Allowing any such unit to cause pollution, air or noise, in such highly densely populated residential and non residential areas would be simply undesirable. It is thus clear that such units do not have the requisite permission to operate and also cause emissions of gases which are highly injurious to public health. In Writ Petition No.176/2013, the petitioner of this petition had pointedly taken up this issue for consideration of this Court in which on the basis of firm assurance given by the Municipal Corporation that the there will be complete clampdown on such units, the public interest litigation was disposed of by an order dated 22.10.2013 which is for ready reference reproduced here :

(2.) Learned counsel Shri Kamal Trivedi for the Corporation stated that the Municipal authorities have been carrying out the sealing activity. However, such units mushroom again behind the back of the authorities.

(3.) Whatever be the administrative difficulties, the public health cannot be allowed to be sacrificed. In any case, the stand taken by the Municipality in the said Writ Petition No.176/2013 and assurance given to the Court must be fulfilled.