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2016 DIGILAW 454 (MP)

Aam Janata of Village Bihara v. State of M. P.

2016-06-16

ANURAG SHRIVASTAVA, RAJENDRA MENON

body2016
ORDER : This petition has been filed by the Aam Janta of a particular village and it is stated that a stone crusher unit has been established by respondent No. 5 in the land of which he himself is a owner situated in Khasra No. 130/2k, 131/2k, 130/1 and 131.1 of Village Bihara Tehsil Huzur, District Rewa. It is stated that the use of this crusher machine in a heavily inhabitant area of the village is causing public nuisance, pollution and is dangerous to the health of the villagers in question. Relying upon certain communications made by the Sub Divisional Officer, Tahsil Huzur, District Rewa to the Collector on 23.11.2015 and pointing out that there is serious illegality in establishment of crasser machine unit established, the writ petition has been filed. 2. However, respondents have filed reply and on going through the reply, we find that vide Annexure R/1 before the unit was established, the matter was placed before the Gram Sabha and a resolution was passed by the Gram Sabha on 3.12.2014 in which it has given the no objection. Based on the same respondent No. 5 obtained permission from the M.P. Pollution Control Board vide Annexure R/3 dated 24.12.2013 and the Naib Tahsildar and State Government vide Annexure R/4. 3. That apart, during the pendency of the matter enquiry was caused into the matter and the enquiry proceedings and documents filed by the Pollution Control Board, available on record goes to show that the plant machine has been established in an area which is permissible under law. The Pollution Control Board have also filed their detailed affidavit along with documents Annexure R/1 to R/5 supported by affidavit of the Regional Officer of the M.P. Pollution Control Board which goes to show that there is no violation in the area and the Crasser machine has been established in accordance to the permissible provisions and the allegations made in the writ petition are denied. 4. On going through various documents and material available on record, particularly the documents filed along with the return of the respondents, we find that during the pendency of the matter a detailed enquiry with regard to various aspects of the matter including the distance between various establishment like School etc. 4. On going through various documents and material available on record, particularly the documents filed along with the return of the respondents, we find that during the pendency of the matter a detailed enquiry with regard to various aspects of the matter including the distance between various establishment like School etc. were looked into and in the enquiry report available on record dated 8.3.2016 filed as Annexure R5/3 onwards, we find that allegations made in the petition are found to be incorrect. It is found in the enquiry that the school is at a distance of 460 meters from the crushing plant, the river or a canal is also more than 450 meters, the temple is more than 200 meters and the road is also beyond the distance of 100 meters. That apart, residential area of the village is more than 500 meters away from the crushing plant. 5. Taking note of all these factors available on record, we find no case for indulgence into the matter. 6. Petition is therefore, dismissed.