MUNICIPAL COMMITTEE, SAMANA Vs. ADARSH INDUSTRIES

JUDGEMENT

(1.) M /s Adarsh Industries, Patiala Road, Samana through its sole proprietor Mrs. Anita Garg wife of Shri Krishan Kumar Garg, Partap Colony, Samana and others filed suit for permanent injunction restraining (1) the Municipal Committee, Samana through its Executive Officer; and (2) President, Municipal Committee, Samana restraining the latter/their agents/employees/supporters/servants and contractors from keeping carcases and removing their hide on the site in question bearing Khasra No. 73 of village Fatehpur and using it as hadda rori. It is alleged in the plaint that Municipal Committee, Samana had been using site near Waraichan Patti, Samana as hadda rori for the last several years. Boundary wall was constructed. Rooms were also constructed for the purpose of hadda rori. Municipal Committee, Samana gave contract year to year for the use of that site as hadda rori. For the year 1998-99 site near Waraichan Patti Samana was auctioned for use as hadda rori but of late the Municipal Committee is proposing to shift hadda rori to khasra No. 73. Shifting of hadda rori to khasra No. 73 in village Fatehpur will be great nuisance to the plaintiffs as they are running their industries and their employees along with their families are residing there who will suffer in their health because of the removal of hide from the carcases. With the removal of hide, bones etc. of carcases will emit obnoxious smell which is health hazard to them particularly and the public at large generally. It is alleged in the plaint that the shifting of hadda rori from the site situated near Waraichan Patti to khasra No. 73 of village Fatehpur is illegal as khasra No. 73 is situated within a radius of one mile from the municipal limits of Samana. It is further alleged in the plaint that khasra No. 73 is situated near the Bhakra Main Canal and the distributaries. If the remnants of flesh, bones, skin, etc. get thrown in the Bhakra main canal, the water running in Bhakra main canal will be polluted and will be a great health hazard for the people of the States of Punjab, Haryana and Chandigarh as that water is used for drinking purposes by human beings. On these allegations, they filed suit for permanent injunction restraining them from shifting hadda rori from khasra No. 73 as it will be nuisance to them and severe health hazard. Along with the plaint, they moved an application for the grant of temporary injunction to the desired effect.

(2.) ADDITIONAL Civil Judge (Senior Division), Samana vide order dated 15.6.1998 allowed this application and granted them temporary injunction restraining the defendants from keeping carcases on the site in question and using it as hadda rori till the disposal of the suit. Municipal Committee, Samana went in appeal which was dismissed by Additional District Judge, Patiala vide order dated 6.8.1999. Still not satisfied, Municipal Committee, Samana has come up in revision to this Court.

(3.) LEARNED counsel for the respondents states that until hadda rori is shifted from khasra No. 73 of village Fatehpur, respondents plaintiffs are suffering nuisance. Use of the site of khasra No. 73 which is situated near their industries is a great health hazard to them, their employees and families. Learned counsel for the petitioners submitted that in pursuance of order dated 30.8.1999 passed by this Bench, Deputy Commissioner, Patiala has not been able to finalise the process of acquisition of land for being used as hadda rori by Municipal Committee, Samana and put them in vacant possession thereof. He submitted that finalisation of acquisition proceedings is not certain as, no wonder, the acquisition proceedings are challenged in the High Court. He submitted that temporary injunction was granted to the respondent plaintiffs by Additional Civil Judge (Senior Division), Samana vide order dated 15.6.1998 and appeal of Municipal Committee, Samana was dismissed on 6.8.1999 and despite these orders, they have not been able to stop the commission of nuisance to them by Municipal Committee, Samana and there is no surprise that this nuisance continues for some time more because of non- finalisation of the acquisition proceedings for the acquisition of land for use by Municipal Committee, Samana as hadda rori in the near future.