CHAMAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-

(2.) Brief facts necessary for the adjudication of this petition are that according to the petitioner, he is a resident of village Pathiar (Chatth), Post Office Behi Pathiar, Tehsil Jawali, District Kangra, H.P. He is an Ex-servicemen. Respondent No. 7, who is stated to be a man with criminal history, obtained a no objection certificate dtd. 8/7/2018, from respondent No. 6 for opening a Poultry Farm in contravention to the guidelines, by appending fraud signatures of one Smt. Laja Devi and Surender in the General House meeting and he has opened a Poultry Farm contrary to the guidelines which were in vogue for opening such a Poultry Farm. According to the petitioner, respondent No. 7 has opened Poultry Farm, 50 metres away from his house, whereas the minimum distance of a Poultry Farm has to be 500 meters from a residential zone and 100 metres from any drinking water source. It is further the contention of the petitioner that despite objections having been raised in this regard, the authorities are not taking appropriate action against respondent No. 7 so as to close the Poultry Farm in issue. It is further the contention of the petitioner that respondent No. 7 and his family members have threatened the petitioner with dire consequences on his objecting to the running of the Poultry Farm, in violation of the guidelines.

(3.) Learned Counsel for the petitioner submitted that the Poultry Farm has been set up by the private respondent 50 metres away from the residential area, in violation of the guidelines which govern the opening of Poultry Farms. Learned Counsel further submitted that despite the fact that the petitioner and other persons have raised the issue with the concerned authorities, all are turning a deaf ear because of the influence of the private respondent and as a result thereof, the petitioner and other residents are today not only living under fear but under circumstances which are completely unhealthy. Learned Counsel for the petitioner also submitted that this is not the position of the petitioner only but other residents of the area also. Learned Counsel further submitted that there was smell of birds and excreta all around the shed which was badly affecting the environment of the area with persistent foul smell. He also submitted that slaughtering activity was being carried out in the Poultry Farm and waste water was also being discharged in the nearby drains but inspection reports were being submitted to the contrary, which were completely contrary to the factual position, as was existing at the spot.