ANIL GARG Vs. DHINGRA CONSTRUCTION COMPANY

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 14.10.1999, passed by the Additional District Judge, Gurgaon, who partly allowed the appeal of the petitioners and gave the direction "the respondent is ordered to maintain status quo ante at the spot regarding installation and/or operating the plant."

(2.) STILL not satisfied with the order of the first appellate Court, the present revision.

(3.) WITH the above broad allegations, the plaintiff-petitioners filed a suit that the defendant be restrained permanently from running the Hot Mix Plant. Along with the suit, the petitioners also filed an application under Order 39 Rules 1 and 2, CPC. The suit as well as the application were contested by the respondent and it was pleaded that the petitioners have misrepresented the true facts. The respondent has already obtained a No Objection Certificate from the Haryana State Pollution Control Board, Chandigarh, vide memo No. HSPCB/NOC/50 dated 22.4.1999. The respondent has not violated any provision of law as it intended to erect and operate the hot mixture plant at the spot in accordance with the law. The plant is a fully computerised plant with built in computer controlled pollution devices. The emission of effluents from the plant at the time of its operation is much below the limits of effluent discharge prescribed by the Board. The plant is not a conventional one. The land on which the respondent has installed the plant is not within the controlled area and, therefore, permission from the Director, Town and Country Planning was not required. The respondent purchased this land for a sum of Rs. 9,25,000/-. The respondent further incurred expenditure of Rs. 35 lacs for the purchase of machinery. With this broad defence that the petitioners have no case, the respondent prayed for the dismissal of the application.