LAWS(ORI)-2016-6-45

AMARENDRA ROUTRAY Vs. SARAT CH. MOHANTY & ORS.

Decided On June 20, 2016
Amarendra Routray Appellant
V/S
Sarat Ch. Mohanty And Ors. Respondents

JUDGEMENT

(1.) The petitioner herein challenges the order dated 10.03.2016 passed by the Additional Deputy Commissioner of Police-cum-Executive Magistrate, Cuttack in Criminal Misc. Case No. 104 of 2015, a proceeding initiated under Sec. 133 of the Code of Criminal Procedure (for short Cr.P.C.), directing the petitioner to shift his fabrication unit/workshop under the trade name Routray & Routray established and run over Hal Plot No. 456/1966 in Khata No. 650/580 at Aparna Nagar (Ananda Vihar) within a local limit of Chauliaganj Police Station, Cuttack from its existing location to the outside of the prime residential area.

(2.) A perusal of the record would reveal that the proceeding aforesaid was initiated by the Additional Deputy Commissioner of Police-cum-Executive Magistrate, Cuttack pursuant to a petition filed by the present opposite party nos. 1 to 4 (first party members) alleging, inter-alia, that the continuance of the fabrication unit was causing public nuisance inasmuch as the sound pollution and air pollution created thereby was resulting in health hazards and mental trauma to the inhabitants of the locality. On being noticed, the petitioner entered appearance in the proceeding and filed his show-cause repudiating the allegation of the opposite party nos.1 to 4 on the grounds, inter-alia, that he was running the workshop which was a Cottage Industry since the year 2000 on being duly permitted by the District Industries Centre, Cuttack and also on obtaining No Objection Certificate from the Municipal Corporation. According to him, the workshop runs from 10 a.m. to 5 p.m. with lunch break and that the trade was being carried out by him without any detriment to public much less creating any air or sound pollution. The further defence plea taken by him is that there was never any complain from the local public and that the present Opposite party nos. 1 to 4, who cannot be construed as 'public', have brought false allegation of public nuisance out of their personal grudge.

(3.) The learned Additional Deputy Commissioner of Police-cum-Executive Magistrate, Cuttack in course of the enquiry recorded evidence from the rival sides and on considering the materials so produced coupled with those collected during enquiry arrived at a finding that operation of the fabricated unit by the present petitioner was resulting in noise pollution causing annoyance, disturbances and discomfort to the first party members (opposite party nos. 1 to 4 herein) who are residing in the vicinity of the said unit. Ultimately, the learned Additional Deputy Commissioner of Police-cum-Executive Magistrate, Cuttack has passed the impugned order directing the petitioner to shift the fabrication unit to some other place beyond the prime residential area. Hence, this revision petition questioning the legality and propriety of the said order.