BRANCH MANAGER VIJAYA BANK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Revision Application under S.397 of the Code of Criminal Procedure is directed against the order dated 27-6-1995 passed by the Sub-Divisional Magistrate, Ahmedabad City in Case No. 2315 of 1995.

(2.) Proceedings under S.133 of the Code of Criminal Procedure were instituted in the Court of the Sub-Divisional Magistrate, Ahmedabad on a complaint filed by Harshadbhai G. Sejpal and six others. Their say is that they are residing in the colony known as Surya Complex. The complex is divided into three blocks known as A, B and C. The opponent No. 3 Gurukul Branch of Vijaya Bank is situated on the first floor of "C" block. There are six big windows in the front portion in which air-conditioners are fitted. On the rear side there are two windows fitted with air-conditioners. They are directly opposite to the colony in which the applicants are residing. The distance between windows and their residence is only a few feet. The air-conditioners operate during the period from 8-30 a.m. to 8- 00 p.m. which causes great nuisance and physical discomfort and is injurious to health of the residents of the colony. It is further stated that the air-conditioners emit gas and bad smell which cause great pollution in the whole colony.

(3.) The respondent bank filed reply denying the allegations. It is stated that the air-conditioners do not emit gas or smell as suggested. It is further stated that the air-conditioners fitted are brand new and they do not make any noise. It is also submitted that it is not a matter of public nuisance.