CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition filed under section 482, Cr. P.C., has been directed against the order of learned Sessions Judge, Chum, dated 17.11.1989, whereby he dismissed the revision petition filed by the petitioners and while confirming the order dated 7.11.1988 of the learned S.D.M., Churu, modified the same and directed the petitioners to run their cotton carding machines from 5 a.m. to 9. a.m. and from 5 p.m. and 9 p.m. only instead of from 8 p.m. to 6a.m.

(2.) On the joint request of the parties, this petition is being disposed of finally at the admission stage.

(3.) Succinctly staled the relevant facts are that on the directions of his superiors, the Revenue Inspector, Nagar Palika, Sarda Shahar after inspecting the street known as Pinjaron Ki GaliT siluated in Sardar. Shahar on 8.6.1987. submitted his even dated report to the Executive Officer. Therein he reported that petitioners Chand & Kalu, Pinjaras have installed two cotton carding machines in their respective shops in the said street, wherein ten more shops are also situated, that their carding machines emit cotton dust, and that the shop keepers of the street as well as the general public feel great difficulty in breathing. He also reported that the cotton dust is likely to be dangerous to the public health and to cause tuberculosis and bronchial ailments. He further reported that such cotton carding machines should not be allowed to run near their public way and that if al all those machines are to continue then their timing of operation should be regulated from 9 p.m. to 7 p.m., so that it may not cause pollution and public nuisance. Thereupon, the Executive Officer issued notices to the petitioners under section 248, Rajasthan Municipalities Act, 1959 asking them not lo create nuisance by running their cotton carding machines. It appears that on 15.6.1987, the Administrator of the said Nagar Palika, who was the S.D.M., Churu also, in spected the site. As per his memo at the time of his inspection no cotton carding machine was being operated. However, after having inquired from the shop keepers of the said street; he opined that since in the past, there existed only a few shops in the said street, the effect of pollution caused by the Cotton dust was not substantial but with the increase of population and more number of shops in the said street, the omission of cotton dust created pollution in the atmosphere. He; therefore, ordered that the shop keepers running cotton carding machines be ordered to operate their machines only from 7 p.m. to 8 a.m. and restrained from running those machines during the day time, they in compliance of the said order, the Executive Officer, Nagar Palika issued fresh notices dated 15.6.1987 to the petitioners. On 16.6. 1987, the Revenue Inspector inspected the site at 3.15 p.m. and found that petitioner Chand was running his cotton carding machine, while petitioner Kalu had also operated his machine during day hours.