Criminal Misc. No. M-12180 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-12180 of 2008 Date of Decision: 24.2.2009 Om Parkash and Another …Petitioners Versus Nemi Chand and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sanjay Mittal, Advocate with petitioners. Mr. Tushar Sharma, Advocate for respondents No.1 and 2. None for respondents No.3 and 4. Kanwaljit Singh Ahluwalia, J. (Oral) On an initiative taken by the petitioner, a report under Section 133 Cr.P.C. was submitted in the Court of Sub Divisional Magistrate, Mohindergarh. Grievance of the petitioner is that in the residential area, respondents were carrying on the business of preparing sweets and tatri and other chemicals were used for making sweets. Three/four bhattis (earthen oven) were running for 24 hours emitting bad smoke and smell. Furthermore, sullage was discharged in the residential area which spoiled the environment of the locality. Admittedly, workshop for preparing sweets is being run in the residential area. Relying upon this report, the Sub Divisional Magistrate, Criminal Misc. No. M-12180 of 2008 2 Mohindergarh passed an order dated 15.3.2007 calling upon the respondents to close the workshop. Aggrieved against the same, respondents had filed revision petition, which was decided by the Court of the Additional Sessions Judge, Narnaul. The Additional Sessions Judge, Narnaul, has taken into consideration the fact that no neighbourer was examined who could project grievance of the locality. The Court further held that there is no evidence to the effect that workshop for making sweets was emitting bad smoke and smell, which cause permanent nuisance to the public at large and business carried is hazardous. Counsel for the respondents has stated that certain persons of public came forward to depose in the Court of the Sub Divisional Magistrate, Mohindergarh. It cannot be held that activity or business carried by the respondents cause nuisance. Right to life enshrined under Article 21 of the Constitution of India demand that persons of locality especially in residential area should have environment where they can breath properly and the area around the locality is clean and hygienic. Guided by this, the Court should administer justice. Whether workshop for making sweets is permissible in residential area or not? is another issue which ought to be dealt with by the Courts. Accordingly, impugned order passed by the Additional Sessions Judge, Narnaul, (Annexure P2) is set aside. The order passed by the Sub Divisional Magistrate, Mohindergarh, (Annexure P1) by efflux of time may have lost its efficacy. The ground realities may have changed. The case is remanded back to the Court of the Sub Divisional Criminal Misc. No. M-12180 of 2008 3 Magistrate, Mohindergarh, who shall get the area inspected and thereafter shall pass a fresh order after hearing both the parties. He shall also further grant opportunity to both the parties to adduce evidence. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 24, 2009 “DK”