MUKESH DATTOPANT MUDGAL Vs. COLLECTOR, NAGPUR

JUDGEMENT

(1.) The birth of this litigation is at the instance of the persons, who are in the business of "chilly grinding", with the strong political backing of a prominent political figure of the town, the Vice-President of the Umrer Municipal Council, the petitioner no.1. The petitioners are objecting to the chilly grinding business run by the respondent no.4 herein, in Ward No.22 of the Town Umrer, on the ground that his chilly grinding machine is causing noise and air pollution, whereas their own similarly situated chilly pounding machines located in the very same area cause no such pollution.

(2.) The order of review dated 30-11-2002 passed by the respondent No.2, the Regional Director of Municipal Administration, Nagpur (Annex.13) ('the RDMA' for short) confirming the resolution passed by the Municipal Council dated 26-12-2000 resolving to grant "No objection" to the respondent no.4 to set up and start chilly grinding machine in Ward No.22 of the Municipal Council, Umrer, Distt. Nagpur is the bed bock of this litigation with strong political support of one of the strong political groups dominating political scenario of the town.

(3.) The facts: