MANGU RAM Vs. STATE

JUDGEMENT

(1.) RESPONDENTS 7 to 10 who are engaged in the business of manufacturing of carbon are said to have established the said industry at Thanda Paddar, tehsil and district Udhampur. Petitioners who are the residents of the area have filed the present petition seeking a direction to the respondents State authorities for closing the said industrial units of aforementioned respondents on the ground that the said Units have resulted in polluting the entire area.

(2.) THE case as projected by the petitioners is that the said industrial units firstly manufacture charcoal from cheer timber which is collected from the nearby forest area. By putting the said timber to fire, the charcoal is prepared which process results in emitting huge smoke causing air pollution. Thereafter the said charcoal is used in manufacturing carbon powder by grinding the same which process also results in polluting the air. It is further stated that the respondent No.7 has also established a Resin and Turpentine industry in the area under the name and style of M/s Rajindra Resin and Turpentine. It is stated that the resin collected from the forest area is given heat by using fire wood and the said process not only emits smoke but also results in foul smell in the area as a result of which it has become difficult for the persons including the petitioners to live in the vicinity being the residents of that place where the industrial units have been installed.

(3.) THE further case projected by the petitioners is that the private respondents have not only set up the industrial units in the area which can be termed as a residential area but have also installed Generator sets of the capacity of 26.5 KW which result in noise pollution in the area. It is stated that the houses of the petitioners as also other persons who reside in the said area are about 300 to 400 ft. away from the industrial units of these private respondents, and therefore, it has become difficult for them to live in the area. It is stated that the industrial units set up in the area are being run without the requisite permission from the authorities concerned which is necessary under the Environment Protection Act, 1986. It is further stated that number of representations have been made to the authorities concerned from time to time but no action has been taken in this regard by the said authorities.