BALCHAND AND BROTHERS Vs. MUNICIPAL COUNCIL JAIPUR

JUDGEMENT

(1.) AN application was filed by Balchand applicant for setting up a flour mill in his house on 26-12-63. After a notice inviting objection was issued on 17-6-64 permission was granted for setting up a 5 HP engine on 7-12-64 (sic 5-1-65 ). Following this the Electricity Board was also notified on 11-5-65 Necessary sanction was obtained for the release of the energy from the Electricity Board in due course.

(2.) HOWEVER, Brij Mohan, a tenant of the applicant made an application for review of the order on 18 8-66 on the ground that the Flour Mill would cause incon-venience to and would create unhealthy conditions for the inhabitants of the locality. A notice was allegedly issued to the applicant for 24 8-66 and finally sanction was set aside on 4-9 66 In an appeal which followed,. Balchand applicant took up two pleas. Firstly, that the Municipal Commissioner had no jurisdiction to review his own order and secondly that the order was reviewed without any notice to the applicant. In reply, the learned counsel for the Municipal Council stated that under the bye laws the licence for the flour mill was renewable every year and, therefore, the order of 5-1-65, at any rate, stood exhausted on 4-1-66. He pleaded that the Municipal Council had the authority to re-examine the question after the expiry of this period.