RAMESH Vs. PAWAN KUMAR

JUDGEMENT

(1.) GHARSI Ram filed a suit against Pawan Kumar on 29. 7. 1995 seeking injunction against him from causing any nuisance pollution resulting from the noise caused by running of the machine in his factory. During the pendency of the suit, another suit was brought by other neighbours, namely, Ramesh Kumar and others, which was filed on 30. 11. 1995 where identical relief was asked for. The basic averments in the plaint were that the defendant was running the factory and the machines operated by him were causing unbearable noise and were further causing vibrations in the houses of the plaintiffs and was constant source of irritation to the plaintiffs.

(2.) THE suit was contested by the defendant. His plea was that he had installed the machines by taking clearance from the concerned authorities i. e. Haryana State Board for the Control of Water Pollution vide letter dated 8. 2. 1995 and also the license from the Municipal Committee, Bhiwani and the sanction from the Industrial Department, Haryana Government. It was further averred that no noise or any other pollution was caused by the running of the machines in the factory of the defendant

(3.) THIS order of the learned trial Court dated 19. 1. 1996 was assailed in appeals before the learned Additional District Judge, Bhiwani, who dismissed the appeals but granted one month's time to the defendant in the suit for getting clearance from the Pollution Department in relation to noise. In the period of one month he was directed to find out ways and means to prevent the noise causing disturbance to the plaintiffs.