Criminal Misc. No. M-12180 of 2008 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-12180 of 2008
Date of Decision: 24.2.2009
Om Parkash and Another
...Petitioners
Versus
Nemi Chand and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Sanjay Mittal, Advocate
with petitioners.
Mr. Tushar Sharma, Advocate
for respondents No.1 and 2.
None for respondents No.3 and 4.
Kanwaljit Singh Ahluwalia, J. (Oral)
On an initiative taken by the petitioner, a report under Section
133 Cr.P.C. was submitted in the Court of Sub Divisional Magistrate,
Mohindergarh. Grievance of the petitioner is that in the residential area,
respondents were carrying on the business of preparing sweets and
tatri and other chemicals were used for making sweets. Three/four
bhattis (earthen oven) were running for 24 hours emitting bad smoke
and smell. Furthermore, sullage was discharged in the residential area
which spoiled the environment of the locality.
Admittedly, workshop for preparing sweets is being run in the
residential area. Relying upon this report, the Sub Divisional Magistrate,
Criminal Misc. No. M-12180 of 2008 2
Mohindergarh passed an order dated 15.3.2007 calling upon the
respondents to close the workshop.
Aggrieved against the same, respondents had filed revision
petition, which was decided by the Court of the Additional Sessions
Judge, Narnaul. The Additional Sessions Judge, Narnaul, has taken into
consideration the fact that no neighbourer was examined who could
project grievance of the locality. The Court further held that there is no
evidence to the effect that workshop for making sweets was emitting bad
smoke and smell, which cause permanent nuisance to the public at
large and business carried is hazardous.
Counsel for the respondents has stated that certain persons of
public came forward to depose in the Court of the Sub Divisional
Magistrate, Mohindergarh. It cannot be held that activity or business
carried by the respondents cause nuisance.
Right to life enshrined under Article 21 of the Constitution of
India demand that persons of locality especially in residential area
should have environment where they can breath properly and the area
around the locality is clean and hygienic. Guided by this, the Court
should administer justice. Whether workshop for making sweets is
permissible in residential area or not? is another issue which ought to be
dealt with by the Courts.
Accordingly, impugned order passed by the Additional
Sessions Judge, Narnaul, (Annexure P2) is set aside. The order passed
by the Sub Divisional Magistrate, Mohindergarh, (Annexure P1) by efflux
of time may have lost its efficacy. The ground realities may have
changed. The case is remanded back to the Court of the Sub Divisional
Criminal Misc. No. M-12180 of 2008 3
Magistrate, Mohindergarh, who shall get the area inspected and
thereafter shall pass a fresh order after hearing both the parties. He
shall also further grant opportunity to both the parties to adduce
evidence.
With the observations made above, the present petition is
disposed off.
(Kanwaljit Singh Ahluwalia)
Judge
February 24, 2009
“DK”