Punjab-Haryana High Court
Municipal Committee vs Adarsh Industries And Ors. on 7 August, 2000
Equivalent citations: (2000)126PLR833
Author: M.L. Singhal
Bench: M.L. Singhal
JUDGMENT M.L. Singhal, J.
1. M/s Adarsh Industries, Patiala Road, Samana through its sole proprietor Mrs. Anita Garg wife of Shri Krishan Kumar Garg, Partap Colony, Samana and others filed suit for permanent injunction restraining (1) the Municipal Committee, Samana through its Executive Officer; and (2) President, Municipal Committee, Samana restraining the latter/their agents/employees/supporters/servants and contractors from keeping carcases and removing their hide on the site in question bearing khasra No. 73 of village Fatehpur and using it as hadda rori. It is alleged in the plaint that Municipal Committee, Samana had been using site near Waraichan Patti, Samana as hadda rori for the last several years. Boundary wall was constructed. Rooms were also constructed for the purpose of hadda rori. Municipal Committee, Samana gave contract year to year for the use of that site as hadda rori. For the 1998-99 site near Waraichan Patti Samana was auctioned for use as hadda rori but of late the Municipal Committee is proposing to shift hadda rori to khasra No. 73. Shifting of hadda rori to khasra No. 73 in village Fatehpur will be great nuisance to the plaintiffs as they are running their industries and their employees along with their families are residing there who will suffer in their health because of the removal of hide from the carcases. With the removal of hide, bones etc. of carcases will emit obnoxious smell which is health hazard to them particularly and the public at large generally. It is alleged in the plaint that the shifting of hadda rori from the site situated near Waraichan Patti to khasra No. 73 of village Fatehpur is illegal as khasra No. 73 is situated within a radius of one mile from the municipal limits of Samana. It is further alleged in the plaint that khasra No. 73 is situated near the Bhakra Main Canal and the distributories. If the remnants of flesh, bones, skin, etc. get thrown in the Bhakra Main canal, the water running in Bhakra main canal will be polluted and will be a great health hazard for the people of the State of Punjab, Haryana and Chandigarh as that water is used for drinking purposes by human beings. On these allegations, they filed suit for permanent injunction restraining them from shifting hadda rori from khasra No. 73 as it will be nuisance to them and severe health hazard. Along with the plaint, they moved an application for the grant of temporary injunction to the desired effect.
2. Additional Civil Judge (Senior Devision), Samana vide order dated 15.6.98 allowed this application and granted them temporary injunction restraining the defendants from keeping carcases on the site in question and using it as hadda rori till the disposal of the suit. Municipal Committee, Samana went in appeal which was dismissed by Additional District Judge, Patiala vide order dated 6.8.99. Still not satisfied Municipal Committee, Samana has come up in revision to this court.
3. Keeping in view that if the order granting temporary injunction to the plaintiffs is implemented forthwith, Municipal Committee, Samana will immediately have no site where hadda rori can be carried on and it will take some time for Municipal Committee, Samana to arrange some other site where hadda rori can be carried on and so that Municipal Committee, Samana is able to arrange some other site for being used as hadda rori, Municipal Committee, Samana was directed vide order dated 30.8.99 to apply to the Deputy Commissioner, Patiala for arranging them some-suitable site which they could use as hadda rori.
It was also directed that Deputy Commissioner, Patiala will arrange some site for being used as hadda rori, as early as possible looking to the urgency and gravity of the situation involved which is that in view of the orders of the courts below, Municipal Committee, Samana cannot use this site as hadda rori and Municipal Committee, Samana has no site at the moment which can be used as hadda rori. In pursuance of this order, Municipal Committee Samana, applied to the Deputy Commissioner, Patiala for the selection of some site for being used as hadda rori by Municipal Committee, Samana. Deputy Commissioner, Patiala is on the job viz to acquire some site under the Land Acquisition Act for being used by Municipal Committee, Samana as hadda rori. So for acquisition proceedings have not been finalized.
4. Learned counsel for the respondents states that until hadda rori is shifted from khasra No. 73 of village Fatehpur, respondents plaintiffs are suffering nuisance. Use of the site of khasra No. 73 which is situated near their industries is a great health hazard to them, their employees and families. Learned counsel for the petitioners submitted that in pursuance of order dated 30.8.99 passed by this Bench, Deputy Commissioner, Patiala has not been able to finalise the process of acquisition of land for being used as hadda rori by Municipal Committee, Samana and put them in vacant possession thereof. He submitted that finalisation of acquisition proceedings is not certain as, no wonder, the acquisition proceedings are challenged in the High Court. He submitted that temporary injunction was granted to the respondent plaintiffs by Additional Civil Judge (Senior Division), Samana vide order dated 15.6.98 and appeal of Municipal Committee, Samana was dismissed on 6.8.99 and despite these orders, they have not been able to stop the commission of nuisance to them by Municipal Committee, Samana and there is no surprise that this nuisance continues for some time more because of non finalisation of the acquisition proceedings for the acquisition of land for use by Municipal Committee, Samana as hadda rori in the near future.
5. Site of khasra No. 73 is stated to be at a distance short of one kilometre of the limits of Municipal Committee, Samana. Learned counsel for the respondents submitted that the factories are located even at a distance of 100 yards from khasra No. 73. Emission of foul smell in the process when the hide of the dead animals is removed, is a great health hazard to the proprietors of the factories located there and their employees and their families. It was submitted how the proprietors of the industries, their families and their employees can be free from the affliction of some disease or the other if they constantly inhale the air polluted with the emission of foul smell released in the process of the removal of hide of the dead animals. Merely because the District Magistrate/Deputy Commissioner gave sanction to the Municipal Committee for the use of khasra No. 73 as hadda rori cannot be suggestive of the fact that it had been taken into account that the carrying on hadda rori at this site will not be health hazard to the people habiting the vicinity of khasra No. 73.
6. For the reasons given above, the revision is dismissed. Municipal Committee, Samana is, however, allowed three months time to shift hadda rori from the present site to some other site for acquiring which proceedings under the Land Acquisition Act are in progress. No order as to costs.