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       M/s. Jaiswal Enterprises Vs. Municipal Corporation, Indore and others



                        W P No. 1118 / 2016
INDORE, Dated : 06/12/2017
     Mr. Vivek Patwa, learned counsel for the petitioner.
     Mr. Amol Shrivastava, learned counsel for the
respondent No.1 and 2.

Ms. Preeti Waghmare, learned counsel for the respondent No.3.

Mr. Manish Yadav, learned counsel for the Intervenor.

Heard.

The petitioner before this Court has filed this present writ petition being aggrieved by the notice issued by respondent Nos. 1 and 2 dated 2/2/2016 and 2/2/2016 No. 1856 and 574 by which the petitioner who is carrying out the work of Welding and Fabrication has been directed to shift his shop. Earlier also notices were issued to the petitioner and the petitioner has categorically submitted a reply that he will be shifting his shop within a period of six months. Earlier notice was issued on 28/8/2015 and the petitioner took 6 months time to shift the shop, but the same has not been done.

The undisputed facts of the case reveal that the industry of Welding and Fabrication is going on in a residential area and the petitioner does not have a valid consent granted by the M.P. Pollution Control Board, as per Sec. 21 of the Air (Prevention and Control of

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M/s. Jaiswal Enterprises Vs. Municipal Corporation, Indore and others Pollution) Act, 1981 and u/S. 25 of the Water (Prevention and Control of Pollution) Act, 1974. Show Cause Notice has been issued to the petitioner but on account of pendency of the present Writ Petition, the respondent Pollution Control Board has kept the matter in abeyance, but the fact remains that the petitioner does not have No Objection Certificate.

This Court in order to find out nature of work has directed the respondent to submit a status report and a detailed status report has been furnished in the matter. It has been stated that the workshop is situated at 2/9 Pardeshipura, Indore admeasuring 2400 square feet and the work relating to welding of iron rods, mesh and doors etc., was under progress creating noise pollution as well as sound pollution and the petitioner has displayed a Board stating that he has obtained a stay order on 10/2/2016 passed in W.P.No. 1118/2016 and, therefore, he is operating the shop.

This Court is of the considered opinion that once the petitioner does not have No Objection Certificate from the Pollution Control Board, he does not have any right to continue with the work which is going on in the shop. It has not been denied by the learned counsel for the petitioner that the petitioner does not have No Objection Certificate.

Keeping in view the aforesaid, the present Writ

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M/s. Jaiswal Enterprises Vs. Municipal Corporation, Indore and others Petition is disposed of with the following direction :

(1) The respondent - Indore Municipal Corporation, Indore shall ensure that the shop is closed down forthwith and no activity of any kind shall take place in the premises in question.

(2) The Pollution Control Board shall be free to initiate proceedings in accordance with law against the petitioner for running an industry without any valid permission.

(3) The Indore Municipal Corporation, Indore shall also be free to take appropriate action in accordance with law for running industry in a residential area without any valid permission.

With the aforesaid, the present Writ Petition is disposed of.

Certified copy, as per Rules.

(S. C. SHARMA) JUDGE KR Kamal Rathor 2017.12.11 16:03:31 -08'00'