9911796707
TMI Blog1990 (8) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... wala Oil Mills and a refinery plant are located in the green belt area, touching three villages and the Sarnath temple of international fame. The smoke and dust emitted from the chimneys of the Mills and the effluents discharged from these plants were alleged to be causing environmental pollution in the thickly populated area and were proving a great health hazard. It was further stated that the people were finding it difficult to eat and sleep due to smoke and foul smell and the highly polluted water. It was further alleged that the lands in the area had become waste, affecting crops and the orchards damages. Diseases like TB, jaundice and other ailments were stated to be spreading in an epidemic form. The growth of children was affected. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are made in future, such applications should be refused unless adequate provision has been made for the treatment of trade effluents flowing out of the factories. So, this letter was treated as a writ petition and notice was issued, counter affidavits was filed on behalf of respondent No. 3 being the proprietor of Jhunjhunwala Oil Mills. Reference was made to the decision of this Court in Bandhua Mukti Morcha v. Union of India Ors., [1984] 2 SCR 67 wherein this Court underlined the importance of satisfactory verification of allegations. The Court was asked to be ever vigilant against abuse of its process and there was need for appropriate verification. There is a statute for controlling pollution. It is wellsettled that if there is a stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs that there was no complaint from anybody apart from the present petitioner by any authority as to the non-compliance of any statute by respondent No. 3. The orders passed by the Pollution Control Board which had been annexed, also indicate that there are no instance of violation of the said Acts. Time was sought on behalf of respondents for filing a rejoinder which, unfortunately, has not been filed, and no satisfactory explanation has been given therefore. Certain letters alleged to have been written on behalf of the petitioners were sought to be placed before us in the Court today. Having considered the facts, circumstances, nature of the allegations and the long history of enemit and animosity, we are of the opinion that prima f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill defeat the very purpose of preservation of fundamental rights. Having regard to the ugly rivalry here, we have no doubt that between the contestants, the Court was misled and we must, therefore, proceed with caution. There was no fundamental right violation or could be violative if the allegations of the so-called champions on behalf of the society are scrutinised. We must protect the society from the so called 'protectors'. This application is legally devoid of any merit or principles of public interest and public protection. This application certainly creates bottlenecks in courts, which is an abuse of process of this Court. We have, therefore, no hesitation in dismissing this application with the observations made herein. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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