KRISHNA GOPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Revision petition is directed against the order dt. 13-10-84 passed by the Additional Sessions Judge, Indore in Criminal Revision No. 148/83 thereby confirming the order of removal of a boiler installed in the residential House No. 23/2 Manoramaganj, Indore for running a Glucose Saline Factory. By order dt. 10-12-84 the operation of the order was directed to be stayed.

(2.) When the matter came up for final hearing on 3-10-85 the petitioner was directed to produce the permission which he claimed to have obtained from the Joint Director Town and Country Planning for running a boiler in a residential locality installed in 23/2 Manoramaganj, Indore. A notice was also directed to be issued to the Joint Director for producing the whole record relating to the permission granted for installation of a boiler in a residential locality like Manoramaganj. The record was not produced on the date fixed; thereafter a show-cause notice had to be issued against the Joint Director calling upon him to show-cause why action for disobedience of the Court's order should not be taken against him. It was on this notice that on 24-10-85 the record was produced. The petitioner also produced on 9-10-85 photostat copies of certain documents and a certified copy of a judgment dt. 18-10-83 passed in Civil Original Suit No. 108-A/83 by Vth Civil Judge Class-II, Indore. When the Civil Suit came to notice the record of the civil suit was also sent for by order dt. 24-10-85 which was received the next day. As the matter involved installation of boiler for manufacturing glucose saline in a residential locality, and surprisingly enough permission for the purpose was granted by the Authorities concerned, even in teeth of pollution laws it became necessary to send for all the record so that the nuisance if any be removed from the residential locality. When it is difficult to have permission to run an ordinary flour mill without valid licence and permission from the Competent Authorities it is painfully surprising that a boiler could be permitted to be installed for manufacturing glucose saline in a residential locality like Manoramaganj in Indore.

(3.) A brief re'sume' of facts is necessary for decision of this revision petition. Smt. Tripathi on 26-8-82 lodged a complaint with the Distt. Magistrate, Indore, alleging that a factory Caplic was being run in House No. 23/2 Manoramaganj, Indore, manufacturing glucose saline where a boiler was installed and coal was used as fuel. It was hardly 8 ft. away from the residence of Smt. Sarla Tripathi. The emitted smoke and ash from this boiler caused a great deal of atmospheric pollution resulting in a deleterious effect on the residence of that locality. It was also alleged that the factory was being run round the clock; at times invariably boiling water used to fall in her house. She also stated in her complaint that before issuance of a No-Objection Certificate to the aforesaid factory she had already lodged her protest with the Joint Director Town and Country Planning, Indore, Development Authority, Municipal Corporation, Indore as also the Collector on 6-12-76 and in face of this objection by her the factory was permitted to be run under the very nose of all these authorities. She complained that her husband a heart patient, as a result of the running of this factory was deprived of even the minimum legitimate 8 hours sleep which he needed most. Boiling water, at times acid was being thrown and at times even filthy abuses were heard on objections being raised by the Proprietors of the factory. She prayed that the spot be inspected and the nuisance of installation of a boiler be removed.