IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No.113 of 2008. Date of decision : 04.07.2008. State of H.P. …Petitioner Versus Smt.Bimla Devi & Ors. …Respondents Coram: The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 For the petitioner: Ms.Ruma Kaushik, Additional Advocate General. For the respondents: Mr.Neeraj Sharma, Advocate. Dev Darshan Sud, J. Learned Additional Advocate General submits that the Sewerage Treatment Plant has been built in the larger public interest and that an injunction order issued at the interim stage would harm the public interest. Learned counsel appearing for the plaintiffs-respondents submits that the rights of his clients are adversely affected and they will be subjected to nuisance which cannot otherwise be compensated by award of damages. It is undisputed before me that in the averments on affidavit made by the Superintending Engineer, IPH, Circle Una, it is stated that the HP 1 Whether Reporters of Local Papers are allowed to see the judgment? 2 Environment Pollution Control Board has issued a No Objection Certificate under the provisions of Water (Prevention & Control of Pollution) Act, 1974 on 22.8.2006 imposing 21 conditions before making the Treatment Plant operational. The affidavit states that the petitioner shall abide by these conditions before the commissioning of the Plant. Obviously, it would not be for the State to violate any of the conditions as imposed. In case of breach the petitioner would be liable in accordance with law both for civil liability and criminal offence(s), if any, which may be made out. The fact that the Sewerage Treatment Plant has been constructed, would not vest any equity in the State to claim its right to continue with the functioning of such Plant if it is otherwise not in accordance with law. In these circumstances, this petition is accepted. The order passed by the learned District Judge is set aside. A direction is issued to the learned trial Court that the case shall be decided by it on or before the 31st March, 2009. This calendar for disposal of the suit is being fixed considering the fact that a complaint regarding nuisance caused by the State has been made by the plaintiff. It is clarified that no unwarranted adjournment(s) shall be granted in the matter and the trial shall be completed before the date fixed. 3 Parties to appear before the learned trial Court on 30th July, 2008. July 4, 2008 (Dev Darshan Sud) (aks) Judge.