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(35) The mandatory duty of the Corporation to stop nuisance and to prevent unhygienic conditions are brought into new focus by the land-work decision of the Supreme Court in Ratlam Municipality v. Bardhi Chand . In that case the residents of Ratlam town moved the Criminal Court under Section 133 Criminal Procedure Code . for an order directing the municipality to remove nuisance due to open drains, pits, public excertion, dirty and filthy water let out in the nallah by an alcohol factory etc. After analysing the provisions of the M.P. Municipality Act, in regard to public nuisance (similar to Section 42 of the present Act) the Supreme Court emphasised that it is the paramount duty of the State and the Municipalities (under Article 47 of the Constitution) to take steps "for the improvement of public health as amongst its primary duties". Justice Krishna Iyer speaking for the Court held: "public nuisance, because of the pollutants being discharged by big factories to the detriment of the poor sections, is a challenge to the social justice component of the rule of law..... industries cannot make profits at the expense of public health". The learned Judge further observed "why drive common people lo public interest action ? Where Directive Principles have found statutory expression in DO' and Don'ts, the Court will not sit idly and allow municipal Government to become a statutory mockery......... The Officers-in-charge and even the elected representatives will have to face the penalty of the law if what the Constitution and follow-up legislation direct them to do are defined or denied wrongfully." The Supreme Court directed Ratlam Municipal Council to take immediate action to stop the effluents from the alcohol plants flowing into the streets and to take action to stop the pollution. The Court also directed construction of drains and to fill up cesspools and other pits of filth, immediately.