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2014 DIGILAW 931 (JHR)

Premsons Motor Udyog Pvt. Ltd. v. S. S. Narnolly

2014-09-03

D.N.PATEL, P.P.BHATT

body2014
JUDGMENT Per D.N. Patel, ACJ 1. This Civil Misc. Petition has been preferred for clarification of the order “service” used in paragraph 53 of the order passed by this Court dated 17th December, 2012 passed in W.P. (C) No. 1785 of 2007 which is annexed as Annexure 2 to the Memo of Petition. 2. In pursuance of the order dated 17th December, 2012 passed in W.P. (C) No. 1785 of 2007 with I.A. No.831 of 2011, direction was given by this Court in paragraph 53 as under: - “53. In view of the above discussions, the writ petition of the petitioner is partly allowed and it is held that construction permission granted to respondent No.6 is contrary to the bye-laws framed by the Ranchi Regional Development Authority in 2001. However, the building has already been constructed. Therefore, the only relief granted to the petitioner is that respondent no.6 is directed to close its service, painting and denting activities in the disputed plot within a period of one year from the date of this order so that the respondent no.6 may make alternative arrangement of shifting his service, painting and denting garage from the plot in dispute In view of the above orders, all interlocutory applications including I.A. No.831/2011 are disposed of without any order.” (Emphasis supplied) 3. Against the order passed by this Court dated 17th December, 2012 in W.P. (C) No. 1785 of 2007, the present applicant had preferred Special Leave Petition (Civil) No.18422/2013 which was disposed of by Hon'ble Supreme Court vide order dated 25th October, 2013. The order reads as under: “UPON hearing counsel the Court made the following O R D E R The Special leave petition is dismissed. However, we extend the time granted by the High Court to close the service, painting and denting activities, till March 31, 2014. Further, we also give liberty to the petitioner to seek clarification of the connotation 'service' which has been directed to be closed by the High Court by the impugned order as mentioned in paragraph 53.” (Emphasis supplied) 4. In view of the liberty reserved by the Hon'ble Supreme Court for clarification of the word “service” which is used in paragraph 53 of the order dated 17th December, 2012 passed in W.P. (C) No. 1785 of 2007, the present Civil Misc. In view of the liberty reserved by the Hon'ble Supreme Court for clarification of the word “service” which is used in paragraph 53 of the order dated 17th December, 2012 passed in W.P. (C) No. 1785 of 2007, the present Civil Misc. Petition has been preferred by the original respondent No.6 of W.P. (C) No. 1785 of 2007. 5. Mr. Punit Kumar Poddar is present and has argued his case as a party in person. The learned lawyer of both sides is absent because of the strike of the Advocates. 6. Party In person has fairly submitted that as per direction in paragraph 53 of the order passed by this Court dated 17th December, 2012 in W.P. (C) No. 1785 of 2007, denting and painting activities have been stopped forthwith and they have shifted their unit of denting and painting activities at a 14 k.m. away which is at Namkum Industrial Area. Nonetheless, it is humbly submitted by the party in person that apart from the denting and painting activities, there are several other silent activities which this applicant has to carry out after sale of automobiles after some distance travel by that vehicle like the activities mentioned in paragraph 8 of this Civil Misc. Petition. Those activities are as under: - “i. Change the engine oil, ii. replacement of the oil filter, iii. replacement of the air filter, iv. replacement of the fuel filter, v. replacement of the spark plugs, vi. tune the engine, check level and refill brake fluid, vii. check level and refill power steering fluid, viii. Check level and refill Automatic Transmission Fluid, ix. Grease and lubricate components, x. Inspect and replace the timing belt if needed. xi. Minor incidental repairs.” 7. It is further submitted by the party in person that in fact the construction in question is very old in nature. Initially the place was sanctioned and, thereafter, with certain conditions the construction permission was granted vide order dated 22nd April, 2008 by Ranchi Regional Development Corporation. The said document is at Annexure R-6/7 in the W.P. (C) No. 1785 of 2007. Thus, in fact, the said construction has already been regularized. Initially the place was sanctioned and, thereafter, with certain conditions the construction permission was granted vide order dated 22nd April, 2008 by Ranchi Regional Development Corporation. The said document is at Annexure R-6/7 in the W.P. (C) No. 1785 of 2007. Thus, in fact, the said construction has already been regularized. Nonetheless, upon direction given by this Court, denting and painting activities have been stopped forthwith, but, the aforesaid activities like change of engine oil, replacement of oil filter, replacement of air filter, etc may be permitted at the place in question and generally all the aforesaid services are commonly known in automobiles language as “servicing” which will not create any type of noise, nuisance, nor any pollution whatsoever. 8. Having heard the party in person and looking to the facts and circumstances of the case and also looking to the earlier W.P. (C) No. 1785 of 2007, it appears that mainly at the showroom of the present applicant, services like painting and denting were also going on which was creating lot of nuisance, noise in the residential area and, therefore, this Court had ordered to stop this activity especially of denting and painting. Thus, we, hereby, clarify that the order which is passed especially in paragraph 53 of W.P. (C) No. 1785 of 2007, is only for a direction to close the service, namely, denting and painting activities, carried out by this applicant and not other type of services which are enumerated herein above. Thus, the services like checking of oil level, engine coolant level, hydrolic brake, wind screen, washing, re-filling tyre pressure and repairing tyre damage such as cuts and budges, their indicators, brakes, rear and headlight and service task commonly carried out during a motor vehicle servicing, like, i. Change the engine oil, ii. replacement of the oil filter, iii. replacement of the air filter, iv. replacement of the fuel filter, v. replacement of the spark plugs, vi. tune the engine, check level and refill brake fluid, vii. check level and refill power steering fluid, viii. Check level and refill Automatic Transmission Fluid, ix. Grease and lubricate components, x. Inspect and replace the timing belt if needed. xi. Minor incidental repairs. are hereby permitted to continue at the place in question which is referred in paragraph 53. tune the engine, check level and refill brake fluid, vii. check level and refill power steering fluid, viii. Check level and refill Automatic Transmission Fluid, ix. Grease and lubricate components, x. Inspect and replace the timing belt if needed. xi. Minor incidental repairs. are hereby permitted to continue at the place in question which is referred in paragraph 53. The aforesaid services of the applicant are incidental to the main commercial activities of sale of vehicle and are remarkably different from the denting and painting activities. We also direct the applicant that by virtue of the aforesaid services, there shall be no noise pollution and there shall be no air pollution because the area attached to the applicant's showroom, is a residential area. It is assured by the party in person, namely Mr. Punit Kumar Poddar, that while carrying out the aforesaid activities, there shall be no air pollution and no noise pollution, nor any hazardous or obnoxious gas will be omitted out during the aforesaid process/services which may cause nuisance or endanger the life of the people living around. On this condition, this C.M.P. is allowed and disposed of. 9. I.A. No.2499 of 2013 and I.A. No.362 of 2014 are also disposed of in view of the final order passed in this Civil Misc. Petition.