ECO SANITATION WELFARE COUNCIL Vs. STATE OF J&K

JUDGEMENT

(1.) ECO Sanitation Welfare counsel a registered non governmental organisation has shown its concern for protection of environment through this petition. This litigation is naturally in the nature of public interest. It is. stated that trucks and other vehicles remain unauthorised parked on the roads. Even in stationery condition engines of these vehicles remain ignited. This leads to emission of unburnt vapours. This according to the petitioner society create air pollution, water pollution and also noise pollution. A writ of mandamus is being claimed. This is to the effect that the concerned authorities should take notice of the Sections 117,122 and 127 of the Motor Vehicles Act of 1988 and also Rules 170,175 and 275 of the Rules framed under Motor Vehicles Act. It is also stated that attempts made to draw the attention of the authorities have borne no fruits/ It is accordingly urged that the authorities both State and Municipal should take notice of the grievance indicated in the petition. Photographs have been placed on the record. These do indicate that loaded vehicles stand parked on the roads. This obviously cause hindrance to the free flow of normal traffic. Remedial measures are imperative. WATER POLLUTION

(2.) SO far as water pollution is concerned this aspect has been dealt with in Ratlam Municipality Vs. Vardhi Chand AIR 1980 SC 1622. In this case residents of a locality within limits of Ratlam Municipality tormented by Stench and stink caused by open drains and public excretion by nearly slum dwellers moved the Magistrate under S. 133 of Cr.P.C. to require Municipality to do its duty towards the members of the public. The Magistrate gave directions to Municipality to draft a plan within six months for removing nuisance. In appeal Sessions Court reserved the order. The High Court approved of the order of Magistrate. In further appeal the Supreme Court also affirmed the Magistrate order. The Supreme Court further observed that the plea of the Municipality "that notwithstanding the nuisance financial inability validity exhonerates it has no juridical basis." In para 23, directions were given. These are relevant and these are being quoted as under:

(3.) AS such following directions are given: