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5. The contentions which were raised on behalf of the petitioners of Special Civil Application Nos. 2490 of 1999 and 2496 of 1999 by their learned Counsel were adopted by the learned Counsel who appeared for the petitioners in Special Civil Application No. 1995 of 1999 and he supplemented those contentions.

6. By the notice at Annexure "F" dated 18th March, 1999, being the type of notice issued to all the petitioners, the petitioners were informed that their trade operations were causing nuisance as detailed in the show cause notice and were hazardous to health for the reasons mentioned therein and also caused environmental pollution and therefore, the petitioners should show cause as to why their licence should not be cancelled in the interest of public health. Along with the notice was, attached Schedule A, which contained the findings reached by the National Institute of Occupational Health, which had carried out a detailed study of various silver foundries in the areas where the petitioner used to carry out their tratie activities. The Institute had concluded that the overall industrial hygiene conditions prevailing in the silver foundries are very bad, illumination is also very poor and the problem of heat stress, respirable dust and fumes containing metals especially Cadmium and lead is of serious concern. The gist of the report was mentioned in Schedule A to the show cause notice. A reply was sent on 23rd March, 1999, in response to the show cause notice by the petitioners and a copy of one such reply is at Annexure "G" to this petition. By that reply, the petitioners inter alia called upon the respondent authority to furnish particulars on the basis of which they alleged that these units of gold and silver melting and refineries were causing nuisance and health hazards as alleged in the show cause notice. Thereafter, the Ahmedabad Bullion Meltors' Association sent a representation dated 25th March, 1999 to the Chairman of the Standing Committee of the Ahmedabad Municipal Corporation, after appearing in person on 22-3-1999, as stated therein, requesting for the issuance or renewal of the licences to these traders who were doing the trade or operations connected with the trade in gold and silver melting and refineries. Thereafter, an order was made on 31st March, 1999 by the Deputy Health Officer, who exercised powers of the Municipal Commissioner delegated to him, cancelling the licences of the petitioners, requiring them to stop the said trade, on the basis of the resolution of the Standing Committee dated 26-2-1999, by which it was decided that the trade of gold and silver melting and refining could not be carried on at any place other than an industrial zone under a licence. It appears that by office order No. 3053 dated 9th July, 1990, a copy of which was placed on record with an affidavit of the Deputy Health Officer of the Corporation, the Municipal Commissioner, in exercise of his powers under Section 69(1) of the Bombay Provincial Municipal Corporation Act, 1949, had empowered the Deputy Health Officer or the Additional Health Officer in respect of the respective zone placed under him, to exercise, perform or discharge the powers, duties or functions conferred, Imposed upon or vested in the Municipal Commissioner by or under the said Act as per the Schedule appended to the order, which included issuance of licences and permits under Chapter XXII as specified therein. It also appears that the Municipal Commissioner had put up a note on 6th March, 1999, proposing to the Standing Committee to take a policy decision of not issuing any licence in respect of trades or operations connected with gold and silver melting and refineries except for an industrial zone and not to allow it at any other place and to cancel such licences which were already granted and to effect closure of such refineries and furnaces. He also proposed change in the licensing rules, keeping in view the recommendations of the National Institute of Occupational Health. A resolution came to be passed by the Standing Committee, being Resolution No. 1314 dated 26-3-1999 by which considering the Health Committee's Resolution No. 77 of 18-3-1999, the Municipal Commissioner's proposal dated 6th March, 1999, the representations made by the Association of the Ahmedabad Bullion Refineries Association, including their written representation dated 26th March, 1999, resolving to empower the Municipal Commissioner to take necessary steps in the matter, in light of the expert report of the National Institute of Occupational Health, Ahmedabad, for not issuing such licence except in respect of an industrial zone and for cancellation of the existing licences. The resolution of the Standing Committee was approved by the General Body of the Municipal Corporation on 22-4-1999, by its resolution No. 33, a copy of which is also placed on record along with the affidavits of the Deputy Health Officer. Thus, the stand taken up by the respondent authorities is that in view of the health hazards and nuisance created by carrying on the said trade and its operations in the thickly populated area in which they were hitherto located, the local authority has taken a policy decision to confine such activities to an industrial area only, by imposing a condition to that effect in the licences, which are required to be issued under Section 376 of the Act.

7. Before we proceed to consider the rival contentions, we may take note of the fact that by Special Civil Application Nos. 9322/ 97, 1467/98 and 1368/98, as also in Special Civil Application No. 1364/98, the petitioners had earlier approached this Court on the ground that they were carrying on the business of melting of old silver/gold articles within the city area mentioned therein for last about five decades and that they were not creating any nuisance and therefore, they were entitled to the issuance of licences for such trade. In that group of petitions also it was contended by the local authority that the petitioners were carrying on their business illegally in a very densely populated region and this results in an unhygienic environment, nuisance and inconvenience and health hazard to the residents of the area. It was contended that the activity of melting gold and silver ornaments by running furnaces in residential houses, caused great inconvenience and nuisance of heat, noise, dirty stink due to use of acid which also damage the drainage line and was increasing the chances of respiratory track infection and eye-witnesses to the inhabitants of the locality. It was pointed out that the Municipal Corporation had passed a resolution No. 68 on 31-1-1997 to get a study made of the consequences of running such silver melting furnaces in the residential area and the health hazards created thereby, through the National Institute of Occupational Health and for stopping all such furnaces which were operating without a valid licence. The learned single Judge, in his order dated 16th March, 1998, made in those petitions observed that the power of judicial review in such matters was limited and that the Court would not sit in appeal over the decision of administrative authorities in such matters decided under Section 376 of the said Act. However, since the petitioners and similarly situated persons were carrying on their business since many decades, the learned single Judge found it just and proper to give them one more opportunity to make improvements in the manner in which or the conditions under which they were carrying on their business. The Court directed the petitioners not to carry on any business of melting of silver and gold in the premises for the period from 1 -4-1998 to 30-4-1998 and thereafter, they were required to apply for licence under Section 376 of the Act. Thereafter, from 1-5-1998, the respondents were to permit the petitioners to carry on the business for a limited period of one month for ascertaining as to whether the business carried on by them caused any nuisance or health hazard to the persons in the neighbourhood. It was directed that it was open for the petitioners to produce expert opinion and other material to show that no such nuisance or health hazard was caused. The respondents were required to consider the applications of the petitioners for grant of licence for carrying on business of melting silver and gold on merits, in accordance with law. It was made clear in paragraph 12 of the said order that the Court was not sitting in appeal over the decision of the administrative authorities and these directions were given only to give one more opportunity to the petitioners and not with a view to give the petitioners another round of litigation. As noted above, after this order, show cause notice was issued to all these petitioners and the Standing Committee of the Corporation, on the basis of the proposal made by the Municipal Commissioner, took a policy decision of not allowing such activity in the areas in which they were being carried on within the city, by imposing a condition in the licence that it could be carried on only in an industrial zone.

13. The local authority has in its affida-vit-in-reply, denied that the petitioners were carrying on business since fifty years and has alleged that some of them had started their business in recent times only. In the affidavit-in-reply filed on 12-4-1999, the Deputy Health Officer of the Corporation has stated that the petitioners were carrying on business in a very densely crowded, congested and thickly populated region, which resulted in unhygienic environment, nuisance, inconvenience and health hazard to the residents of the area. It is stated that some of the houses are situated in narrow lanes which hardly have any breadth and their areas varied from 6' x 8' to 15' x 20', and, as a result thereof, the heat and fumes generated by the furnaces was transmitted through these houses to the adjacent houses creating nuisance and hardship to the neighbours. It is stated that when the furnaces are used, lot of smoke is emitted with carbon particles and noise and dirty stinks were created. The whole area where the business was carried on was polluted because of smoke and dust. It is pointed out that several representations and complaints were received in this regard and after weighing the pros and cons and after visiting the affected sites, the Corporation in 1997 took a decision that this hazardous business should not be allowed to continue. Pursuant to the decision, the Standing Committee of the Corporation passed a resolution to the effect that no further licence should be given for this business and the existing ones should not be renewed, in residential and commercial localities. That decision of the Standing Committee dated 6-3-99 is annexed at An-nexure "B" to this affidavit. It is further pointed out that the Corporation had sponsored a study on Health Hazards in and around Silver Foundries in Ahmedabad, which was conducted by the National Institute of Occupational Health and its report was submitted by the Director of that Institute on 11-1-1999 to the Corporation. That report in detail indicates the adverse effect that the running of these foundries had on the environment and the health of the people living in those areas. That report is placed on the record of these proceedings.

9.7 Workers and other concerned personnel should be given health education.

9.8 Subjects having high level of cadmium and lead in blood should be removed from further exposure and a follow up examination of further health effects should be carried out in them".

14. It is pointed out that a show cause notice was issued to the petitioners as to why their business should not be shut down and a reply was sent by them. The petitioners remained present and represented their case before the Corporation. Having regard to the totality of these circumstances, namely the nuisance and health hazards caused by this trade and further taking into consideration the petitioners' case and also the report prepared by the National Institute of Occupational Health, particularly the recommendations made therein, the Corporation was convinced that the continuous operation of this trade in the residential and commercial areas was likely to cause health hazards and nuisance to the people living in such areas, as ialso health hazards to the employees. In the further affidavit-in-reply sworn by the Deputy Health Officer on 5th May, 1999, it has been stated that even in the report which was prepared by Messrs Envirotech Centre for Research and Development, on which the petitioners had relied, it was concluded that the existence of this industry was a health hazard and a polluting factor. It was submitted that chemicals like acid and caustic soda discharged as effluent by these units would destroy the Municipal drainage system. In the further affidavit of the Deputy Health Officer sworn on 27th August, 1999, it was pointed out that the Municipal Commissioner, by his order dated 16-9-1990, had delegated powers vested in him under Section 69(1) of the Act to the Deputy Health Officer in respect of the respective zones placed under him. It is stated that the Municipal Commissioner on the basis of the relevant material mentioned, was of the opinion that no new licence should be given in favour of the units for operation in residential and commercial zones, that the existing licences were required to be revoked and cancelled and that the conditions for granting new licences were required to be modified and the Municipal Commissioner's views were forwarded for further consideration of the Health Committee. The Health Committee, which is the representative section of the Corporation for advising the local authority in respect of health hazards considered the contents of the Commissioner's letter and in its meeting held on 18th March, 1999, accepted it. It is stated that the recommendation of the Health Committee were further submitted before the Standing Committee at its meeting held on 26-3-1999, which resolved that the existing industrial units should be shifted to industrial area, that licences for such units should be given for operating only in industrial zone, that the existing licences should be revoked and that there should be modifications in the terms of licence. This resolution was subsequently placed before the Corporation and approved by it as stated in paragraph 6 of this affidavit-in-reply. The Commissioner's opinion and the resolution of the Standing Committee of the Corporation, which are mentioned in paragraph 6 to the affidavit have been annexed with it.