MOHIT STONE CRUSHER Vs. PHOOL SINGH

JUDGEMENT

(1.) PRESENT revision petition under Article 227 of the Constitution of India has been filed for quashing the order dated 16.3.2006 passed by the learned Civil Judge (Senior Division), Jagadhri and order dated 19.7.2006 passed by the learned District Judge, Yamunanagar whereby the learned courts below have allowed the application for ad-interim injunction filed by the plaintiff-respondents.

(2.) THE plaintiff-respondents had filed a suit for permanent injunction restraining the present petitioner from installing any machinery for running and working any stone crusher for creating any public nuisance in the land measuring 46 kanals 9 marlas comprised in Khewat No. 35, Khatauni No. 62 bearing Khasra Nos. 14//12, 13, 14, 17, 18 and 19 total Kittey 6 or in any part thereof, situated in the revenue estate of village Koliwala, Hatbast No. 60, Tehsil Chhachhrauli District Yamunanagar as per Jamabandi for the year 2002-03 either themselves or through their employees, agents, representatives forcibly and illegally or in any manner, whatsoever.

(3.) THE defendants in the reply filed to the suit claimed that the stone crusher was being installed in the stone crusher zone demarcated by the State Government and Pollution Control Board. It was claimed that no objection certificate was issued by the competent authority after obtaining report of the Tehsildar of the area. It was claimed that the petitioners have already spent an huge amount of Rs. 70 lacs on installation of crusher. It was also claimed that there was approximately one dozen stone crushers operating in that very zone. The stand of the petitioner further was that the stone crusher was installed at a safe distance from the abadi of village. The defendant- petitioners also took a stand that inhabited area of village Koliwala was in fact washed away in floods in river Yamuna and some inhabitants of village Koliwala have constructed houses in their own fields which does not make a compact abadi. The scattered houses therefore, could not be considered as village. It was also claimed that the houses were not constructed within the Lal Dora of village. It was further claimed that there is no environmental hazard.