OM PARKASH Vs. BODH RAJ

JUDGEMENT

(1.) All fifteen (15) petitioners herein joined together to invoke Sec. 133 of the Code of Criminal Procedure, 1973 (in short, 'CrPC') for the sake of seeking necessary/appropriate order/direction thereby restraining the respondents No. 1 and 2 named herein from unloading trucks of wheat fodder at their shops situated in village Agore, tehsil Bhalwal district Jammu which was alleged to be causing nuisance by recurring air pollution harmful for the inhabitants and residents of the village.

(2.) In their said petition under Sec. 133 of CrPC, fifteen (15) petitioners came to allege that the respondents No. 1 and 2 herein had constructed shops by encroachment of State land in khasra No. 197 abutting National Highway at village Agore, tehsil Bhalwal district Jammu wherefrom they are conducting their wholesale business of wheat fodder (Bhussa) by stacking wheat fodder in bulk in said shops for which heavy load carriers make trips five to seven times coming all along from Punjab carrying the supply of wheat fodder (Bhussa) and then unloading supplies for the business of the respondents No. 1 and 2.

(3.) The activity of loading and unloading of wheat fodder (Bhussa) by the respondents No. 1 and 2 is said to be causing air pollution in the area thereby posing a public nuisance to the inhabitants of the village.