MOHD AHSAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is restored today and heard finally on merits.

(2.) THE petitioner is running a work shop in the name and style of M/s. Ahesan Engineering Works, Jodhpur near Jawahar Khana, inside Sojati Gate, Jodhpur, which is thickly populated area of Jodhpur. THE petitioner applied for no objection certificate which was granted by an order dated 25. 6. 1964 passed by the then Revenue Officer of Municipal Council, Jodhpur. THE petitioner was also registered under the Shops and Commercial Establishment Act vide certificate dated 10. 8. 1964. It is also registered with the Department of Industries and Supply for Small Scale Industry in 1972. According to the petitioner the people of Jawahar Kha-na, where the petitioner is carrying on his business, were running brothel for which the petitioner lodged complaint to the local administration time and again. Not only that he also filed writ petition no. 442/90 with the prayer that District Administration may be directed to stop that brothel business and to implement the provision of Suppression of Immoral Traffic Act, 1956, which is replaced by the Prostitution Pre-vention Act, 1986. THE said petition was dismissed as stated at the Bar by the learned counsel for the petitioner himself. However, Mr. Sharma states that because of his petition the administration took steps and stop the brothel houses running by the people of Jawahar Khana area. It is the case of the petitioner that because of this the people of Jawahar Khana got annoyed with him and lodged fa-lse complaint against him for running the business of gas and electric welding and thereby causing noise pollution which is required to be stopped immediately. Interim order was passed by the Addl. District Magistrate, Jodhpur on that complaint on 19. 4. 1989 calling upon the petitioner to show cause within 10 days as to why the order should not be made absolute against him of closing down his unit. THE said order was passed under Section 133 Cr. P. C.

(3.) BEFORE parting, I must state that noise pollution is also dangerous to public health and lives and it is high time that authority should check this type of nuisance. When the authority, on evidence before it, is satisfied that the petitioner was cau-sing public nuisance on public road by gas and electric welding work and if the authority had ordered under Section 133 Cr. P. C. to close down the unit to stop public nuisance then this Court will not interfere with such order in exercise of its jurisdiction under Article 226/227 of the Constitution of India.