MAKHAN LAL Vs. BUTA SINGH

JUDGEMENT

(1.) Challenge in the present revision petition is to the order passed by the learned Additional Sessions Judge, Mansa in revision petition filed by the complainant under Section 133, Cr.P.C. which was dismissed by the learned trial Court on 27-2-1998.

(2.) The complainant has alleged that he is resident of Ward No. 15, Mansa which is a residential colony. The petitioners, herein have installed an Atta Chakki and cotton ginning Machine in front of the house of the applicant without permission of the Municipal Committee. It was also alleged that by working of Atta Chakki and Cotton Ginning Machine, the dust and cotton particles, are created and they spread pollution in the air which is harmful to the health of the inhabitants of the area. It also creates vibrations which affects their residential houses and also it is a cause of nuisance to them. The tractor trolleys which bring grain at the Atta Chakki are parked in the street which is not sufficiently wide and that obstructs the passage of the general public as well as of the applicant's a house. He and his wife are said to be suffering from Tuberculosis.

(3.) Notice of the complaint was given to the present petitioner who submitted a written reply. Locus standi of the complainant to file the complaint in individual capacity was denied. It was stated that Atta Chaki and Cotton Ginning Machine are working for the last so many years. The tractor trolleys come there in a very small number and they do not obstruct passage of the general public.