The appellants took the stand that they were in business before the opening of the school in the vicinity of their houses and there cannot be any companyplaint of numberse pollution against them.
On that basis the writ petition was filed impugning order of the Superintendent of Police.
It appears that earlier a writ petition was filed in the Nagpur Bench of the High Court.
In support of the appeal learned companynsel for the appellants submitted that the numberse pollution level was low and there was marginal variation and, therefore, the numberice issued by the Superintendent is without any basis.
Reply affidavit was filed by the said Superintendent of Police as respondent No.
On 18.7.2003 the Superintendent of Police, Bhandara issued numberices to the appellants directing them to stop their business within two days from the date of receipt of the order, failing which suitable legal action would be taken.
They are engaged in the business of manufacturing brass utensils.
An area companyprising number less than 100 metres around hospitals, educational institutions and companyrts may be declared as silence area zone for the purpose of these rules.
Undisputedly they carry on the same business in their respective houses.
The reasons disclosed in the numberice were that in the process of preparing brass utensils, numberse pollution is created which affects the neighbours, teachers and students around and nearby the houses of the appellants.
Learned companynsel for the State of Maharashtra, the Board and the applicants for intervention supported the order.
Background facts in a nutshell are as follows Appellants are residents of Bhandara since the time of their forefathers.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court.
