Industrial activity in a residential locality: balance between nuisance and environment.

Krishna Gopal v. State of M.P., 1986 Cr.L.J. 396 (M.P.)

The proceedings in this case were begun by the lodging of a complaint before the District Magistrate, Indore, alleging that a factory for the manufacture of glucose saline was being run by M/s Caplic in Manoramaganj, which was a residential locality, and that this factory used a boiler which was the cause of loud noise, spraying of water and acids into the neighbouring houses, and a large amount of ash being emitted into the atmosphere, and therefore causing public nuisance. A report was called for from the police station concerned, and on the basis of that report, a show cause notice was issued to Krishna Gopal, the owner of the house.

The petitioner replied that he had obtained a NOC from the Joint Director, Town and Country Planning, who was the appropriate authority in this case. The municipal corporation had also permitted the running of a factory in a residential locality. The petitioner also denied all allegations made by the complainant of public nuisance being caused. He also argued that nuisance caused to just one person in the locality would not amount to public nuisance.

The Court rejected the argument of the petitioner that public nuisance could not be alleged when only one person had filed the complaint. It said that it was not the intent of the law that the community as a whole or a large number of persons have to come forward to protest against a nuisance. It recognised the wide nature of the powers granted to the Magistrate in S.133 of the Cr.P.C., which empowers the magistrate to take action for the removal or regularisation of a public nuisance. Since the actions complained of in this case clearly come within S.133 (1)(b), which defines the conditions in which this power may be exercised, the Court confirmed the order of the SDM.

The Court also issued a severe reprimand to the authorities for allowing a factory to be run in a residential area, and for their apathy in not removing the nuisance from the locality even after the period within which 'K' had sworn to remove the factory from the area had expired.

The Court made a number of observations about the deleterious effects of air and noise pollution and the role of town planning authorities in protecting citizens from the same.

In this case the Court has recognised the air pollution which would widely affect the society at large but at the same time the society is sensitive towards these issues. The court held that though pollutants discharged from the "chimney" knows no frontiers of localities and very often they lead to damage not only to locating or the particular area when pollution originates but also to the neighbouring localities and adjacent areas. Breathing itself becomes a problem in cases of air pollution and the PCB officers are entrusted with the task of abating air pollution in residential localities. Further the court held that unfortunately wilful and knowing violations of laws resulting in air pollution caused by auto exhaust radiation and gas pipe line safety standards are not considered crimes under the relevant statutes even if lives are lost as a result. The environmental crimes dwarf other crimes to safety and property but the position of law as it stands in the matter of sentencing such environmental crimes is rather comfortable.

Further the court held that a vagrant committing a petty theft is punished for years of imprisonment while a billion dollar price fixing Executive or a Partner comfortably escapes the consequences of his environmental crime.

The society is shocked when a single murder takes place but air, water and atmosphere pollution is merely read as a news without slightest purturbane till people take ill, go blind or die in distress on account of pollutants that to resulting in the filling of pockets of a few.

Further the Court has also recognised the noise pollution from Motor Vehicles. It has been held by the Court that auto exhaust is a great cause of environmental pollution. The automobile emissions alone account for 70% of Carbon monoxide, 50% of hydro carbons, 35% of particulars and oxides of nitrogen in the atmosphere but the air pollution in the environment caused by industrial emissions is yet another contributor. If environmental pollution is to be extirpated firstly it should not be permitted, must be prevented and if at all it takes place should be sternly dealt with.

The court has stressed the need of the provision in the existing law which makes the pollution a serious offence and the need of rigorous punishment for environmental pollution.