PARBHATI RAM Vs. MUNICIPAL COUNCIL, SIRSA

JUDGEMENT

(1.) PARBHATI Ram and some residents of D-Block, New Mandi, Sirsa had submitted a complaint to this Court, which was treated as a writ petition by way of Public Interest Litigation.

(2.) NOTICE of the petition was issued to the State of Haryana, President, Municipal Council, Sirsa and to the owner of Chadiwal Petha Factory, Sirsa, in response to which respondents have put in appearance and written statement on behalf of Chadiwal Petha Factory, Sirsa through its proprietor Raj Kumar has been filed.

(3.) MR . Jaswant Jain, learned counsel appearing for the Petha Factory, contends that Ramesh Kumar and Jai Parkash residents of D-Block, Dhakka Basti, New Mandi, Sirsa have instituted a civil suit for permanent injunction against Chadiwal Petha Factory, praying for restraining the Factory from continuing the work of preparing petha by use of two coal bhattis in thickly populated area and same is still pending and the writ petition on the same cause of action is not maintainable. The trial Court had not granted the stay in the matter. He further contends that the respondent-Factory had filed a suit against the Municipal Committee Sirsa in which the order dated 22.11.1995 passed by the Executive Officer, Municipal Committee, Sirsa, vide which he had issued an order for closure of Factory, was challenged and the Sub Judge had stayed the order of the Municipal Committee, Sirsa. Counsel further contends that since the cases are pending, this writ petition is liable to be dismissed. Counsel also argues that the Factory operates only for 3/4 months in a year and as such, no pollution by its working is caused. Lastly, counsel contends that in case the Factory is to be shifted, an alternate site be provided to it.