ABDUL AZIZ MIR Vs. JAVAID AHMAD KHAN

JUDGEMENT

(1.) This revision-petition has been preferred against the order No. 107-11/DMS dated 27-7-2002, passed by the District Magistrate, Srinagar.

(2.) The brief facts are that an application dated 9-5-2002 came to be presented before the District Magistrate, Srinagar, invoking his jurisdiction under Section 133 Cr.P.C., for removal of Bandsaw Mill of the petitioner situated at Iqbal Colony, Zainakoot, Srinagar, on the ground that it has been installed in the residential area and is a source of noise and pollution and thereby has made the human life hazardous and difficult. The District Magistrate, Srinagar, endorsed the application to the subordinate Officers for report. The Patwari in his report dated 1-1-2002, has submitted that the Bandsaw Mill is situated in Khasra No. 2133/262. The noise of the Bandsaw, being driven by Diesel Engine, effects the education of the children living in the nearby houses. The people are facing difficulty because of noise pollution. The report of the Patwari has been endorsed by the Naib Tehsildar to the District Magistrate. On the basis of report, the District Magistrate has passed the following impugned order :-

(3.) The impugned order has been challenged by the petitioner on the ground that it is not in conformity with the provisions of law laid down in Section 133 to 137 Cr.P.C. In support of his plea he has also relied upon the judgments reported in AIR 1969 Goa 74 : 1969 Cri LJ 744; 1962 (2) Cri LJ 426 (Kerala); AIR 1960 All 244 : 1960 Cri LJ 450; 1972 Cri LJ 1711 (Mysore) and AIR 1958 Patna 210 : 1958 Cri LJ 551.