Parbhati Ram vs Municipal Council, Sirsa

Amarjeet Chaudhary, J.

Parbhati Ram and some residents of DBlock, New Mandi, Sirsa had submitted a complaint to this Court, which was treated as a writ petition by way of Public Interest Litigation.

Notice of the petition was issued to the State of Haryana, President, Municipal Council, Sirsa and to the owner of Chadiwal Petha Factory, Sirsa, in response to which respondents have put in appearance and written statement on behalf of Chadiwal Petha Factory, Sirsa through its proprietor Raj Kumar has been filed.

The complaint reads as under :

"We most humbly submit that we are residents of DBlock, New Mandi, Sirsa where Chadiwal Petha Factory is preparing Petha.

That Hon''ble D. C. Sirsa visited the spot on complaint of residents of Mohala (Locality) and found that process of preparing Petha is injurious to health of the residents of locality. The Hon''ble D. C. further passed order dated 8.2.1995 and ordered the Municipal Council, Sirsa to take action against the owner of Petha Factory and the same be shifted from this locality.

That the Environmental Engineer Hissar Region, Hisar also found on his visit that this Chadiwal Petha Factory, Sirsa is situated in the residential locality and without having No Objection Certificate. The report dated 20.5.1994 shows that this factory pollutes the air. Both photostat copies of orders of Deputy Commissioner dated 8.2.1995 and report of Environmental Engineer Hissar dated 20.5.1994 are attached.

Hence we humbly pray that Municipal Council Sirsa may please be ordered to take action to remove Chadiwal Petha Factory, Sirsa from our locality. We are poor persons and Harijan persons and hope for prompt action.

Thanking you in anticipation."

The complaint has been signed by as many as 20 residents of DBlock, New Mandi, Sirsa. One Manphool s/o Sh. Shanker Lal and some other residents had also submitted an application to the Deputy Commissioner, Sirsa praying for shifting of Chadiwal Petha Factory.

Mr. Jaswant Jain, learned counsel appearing for the Petha Factory, contends that Ramesh Kumar and Jai Parkash residents of DBlock, Dhakka Basti, New Mandi, Sirsa have instituted a civil suit for permanent injunction against Chadiwal Petha Factory, praying for restraining the Factory from continuing the work of preparing petha by use of two coal bhattis in thickly populated area and same is still pending and the writ petition on the same cause of action is not maintainable. The trial Court had not granted the stay in the matter. He further contends that the respondentFactory had filed a suit against the Municipal Committee Sirsa in which the order dated 22.11.1995 passed by the Executive Officer, Municipal Committee, Sirsa, vide which he had issued an order for closure of Factory, was challenged and the Sub Judge had stayed the order of the Municipal Committee, Sirsa. Counsel further contends that since the cases are pending, this writ petition is liable to be dismissed. Counsel also argues that the Factory operates only for 3/4 months in a year and as such, no pollution by its working is caused. Lastly, counsel contends that in case the Factory is to be shifted, an alternate site be provided to it.

Learned counsel appearing for the Municipal Council, Sirsa contends that the Municipal Council is taking necessary steps to shift the Factory but due to one reason or the other, the Management of the Factory has been able to keep in operation the Factory at the present site. The Executive Engineer of the Municipal Council, Sirsa alongwith the Municipal Engineer and Licence Inspector, have inspected the Petha Factory and found that two furnaces had been installed and hard coal was being used therein and the burning of coal produced poisonous and foul smell. The furnaces pollute the air and kept the surrounding atmosphere very hot and the residents of the areas are experiencing difficulty due to the excessive heat of the furnaces. The bark of the petha lying at the site created foul smell and the residents of the locality informed them that if the Factory was not closed or shifted away to some other place, there was an apprehension of epidemic breaking out in the locality.

We have considered the submissions of learned counsel for the parties and perused the paper book.

From the perusal of paper book, it is observed that two furnaces of coal are being used and the burning of coal produce foul smell and pollute the area. The Executive Engineer of the Municipal Council, Sirsa had informed the Sub Divisional Officer and requested him to take action against the Management of the Factory and get the Factory shifted to some other place, so that there is no air pollution. The Deputy Commissioner, Sirsa had also visited the Factory and found that the Factory had a very large size oven in which coal and other fuel was being used for heating the furnaces, which gave pungent smell and the residents of the locality are facing great difficulty and there is every possibility of spreading of epidemic. The Deputy Commissioner, Sirsa had ordered the shifting of the Factory but the same could not be shifted as the Management of the Factory had obtained stay from the Court.

It will not be out of place to mention that the Factory is also functioning without any licence. The Municipal Council, Sirsa and the State had not granted any licence to the Factory for operating it in the residential locality.

In view of above, we are convinced that the Factory is being run on coal, which must be causing pungent smell. It is not only the duty of the State but of every citizen to keep the environment free from pollution and no harm to the health of citizens is caused. It is the conceded position that the Factory is being run in residential area for which no licence has been granted to it. In this view of the matter, the Management of the Factory is directed to shift the Factory within six months from today and it is also directed that the Management shall ensure that the burning of coal does not cause any harm to the health of the residents of the locality, during this period. Writ petition is disposed of accordingly.

There can be no fetter on the powers of the Court under Article 226 of the Constitution of India to exercise extraordinary jurisdiction in entertaining public interest litigation and the pendency of the civil suit and other proceedings inter se parties, particularly the interest of the residents of the locality who are aggrieved have the fundamental right to live in a pollutionfree environment. Accordingly the civil suit and the appeal filed by the Management are also dismissed.

No order as to costs.