ANIL PABA Vs. STATE

JUDGEMENT

(1.) ALL Indian cities like Jupiter are per ­petually enveloped in thick dusty and gas ­eous substances. The movement of trucks, buses, minibuses, tempos and other vehicles using patrol, diesel mixed with kerosene emit fumes which make a dull blue hue polluting the environmental surroundings. The inten ­sity of this increases as the day advances and it is maximum by the time sun sets in. When seen in electric light; it gives an im ­pression that one is surrounded by fog or mist depending upon the season. These gas ­eous substances to a naked eye would seem to consist of dust and smoke but on chemi ­cal analysis it would become apparent that it contains poisonous gases and other con ­tents which would have disastrous effect and as a matter of fact is having on the inhabit ­ants living in these cities. These gaseous substances can be invisible carbon monoxide which is produced by patrol vehicles. Die ­sel operated vehicles produces Carbon Di ­oxide which can be neutralised by green for ­ests which forest cover is shrinking day by day. Clear blue sky is visible only for a few days after heavy rain pour. To add to prob ­lems of an ordinary citizens, roads are full of pot holes. Survival kit is required to es ­cape the ghastly fumes and murderous pot holes. The streets are narrow. In between the road and foot paths, there is an over ­flowing drain which is an open breeding ground for mosquitoes. Citizens weaken by the poisonous gases fall easy pray to bacte ­rial diseases. Not only this, the foot paths are covered by temporary and permanent encroachments. Open drains stinks. If one ventures to get into other crowded areas then one is reminded of the picture of Bombay (Mumbai) which was depicted by the then the Chief Justice of India in Olga Tellis and others Vs Bombay Municipal Corporation and others AIR 1986 SC 180 wherein it was pointed out that those who have made pave ­ments their homes exist in the midst of filth and squalor which has to be seen to be be ­lieved. Rabid dogs in search of stinking meat and cats in search of hungary rats keep them company. They cook and sleep where they ease for no conveniences are available to them. Their daughters come of age bath under the nosy gaze of passers by unmind ­ful of the feminine sense of bashfulness". Quoted from Yogindera Singh Tomav V. State of Madhya Pradesh AIR 1997 M.P. 124

(2.) SO far as the capital cities of Jammu and Srinagar are concerned they are like any other city of India. When we say that India is one from Kashmir to Kanayakumari then one of the predominant feature which would be found common is the way in which natural resources are being exploited unmindful of the consequences which it is likely to have on the generations to come.

(3.) CITY of Jammu is situated on the bank of river Tawi. This city has an ancient historical background. This area is also as ­ -sociated with events which took place and which are described in the great Indian Epic Mahabarata. To this city of temples, river Tawi served as a natural barrier on one side, river Chenab protects it on the western side. Though not on the direct route of these who came to this country from mid Asia yet it has not remained free from events of his tory. Mughal rulers left their influence in the region. The influence of Sufi Saints is ap ­parent. The short stint under the Punjab Rulers and the later administration given by the rulers who ruled this state till 1947 -48 has left an in deliable mark on the State. The state has a rich historical background and a proud ethos.