RAM PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) his order shall dispose of two petitions, namely, Criminal Misc. No. 52517-M of 2003 and Criminal Misc. No. 52520-M of 2003 as both the petitions are directed against common order dated 23-5- 2003 (Annexure P-6) passed by the Addi- tional Sessions Judge, Kapurthala. The learned Additional Sessions Judge, in his order, has upheld orders dated 20-9-2002 and 11-10-2002 of the District Magistrate, Kapurthala.

(2.) The District Magistrate has passed a conditional order under Section 133(i), (iii) of the Code of Criminal Procedure, 1973 (for brevity,.'the Code') directing the petitioners to stop the operation of Hadda Rori and remove all the carcases/animal skins/bones and any other material causing foul smell within a period of ten days or appear personally or through pleader to show cause on 27-9-2002 at 10.00 a.m. why the conditional order not made absolute. The petitioners appeared before the District Magistrate on 27-9-2002 but failed to file reply by 11-10-2002. They also did not appear before the District Magistrate on 11-10-2002 resulting into the passing of final order, Annexure-P-4 under Section 138 of the Code.

(3.) Brief facts of the case necessary for disposal of the instant petitions are that the District Magistrate, Kapurthala, when visited Phagwara on 13-10-2002, was apprised of strong foul smell emanating from the operation of illegal Hadda Rori situated at Village Saprorh, Opposite Punjab Bone Mills, Phagwara. The Hadda Rori being situated close to the National Highway emitting foul smell was alleged to be the cause of nuisance for all the travellers on the G.T. Road/ National Highway. On the receipt of complaint, the District Magistrate, Kapurthala directed the Tehsildar-cum-Executive Magistrate, Phagwara to personally visit the site and submit his report with regard to alleged nuisance. The Tehsildar-cum-Executive Magistrate submitted his report on 16-9- 2002 which was forwarded by the Sub-Divisional Officer, Phagwara to the District Magistrate on 17-9-2002. According to the report submitted by the Tehsildar-cum-Executive Magistrate, he visited the site along with Kanungo and Patwari of the area on 16-9-2002. He also associated the villagers with him. The report clearly indicated that animals' skins and bones were lying in the open which were resulting into foul smell and pollution. The cumulative effect was nuisance which made it difficult for the people of the area to live. It also caused discomfort and nuisance to all the travellers on the G.T. Road/National Highway. There was a news report published in Punjabi Ajit on 19-9-2002 expressing the public griev- ance about Hadda Rori and Bone Mill which have been spreading pollution, strong foul smell and causing damage to their grains, fodder and fields. The Chairman, Punjab Pollution Control Board himself personally visited the spot on 6-9-2002 and found the nuisance caused by the operation of illegal Hadda Roris. He wrote a letter to this effect on 10-9-2002 to the District Magistrate requesting for taking immediate action to stop the nuisance.