X X X The applicants got examined the following witnesses in their evidence and after producing following documents they closed their evidence.
And the city fathers being too busy with other issues to bother about the human companydition, cesspools and stinks, dirtied the place beyond endurance which made the well to do citizens protest, but the crying demand for basic sanitation and public drains fell on deaf ears.
In this lawless locale, mosquitoes found a stagnant stream of stench so hospitable to breeding and flourishing, with numbermunicipal agent disturbing their stinging music at human expense.
The local denizens, driven by desperation, at long last, decided to use the law and call the bluff of the municipal bodys bovine indifference to its basic obligations under Section 123 of the M.P. Municipalities Act, 1961 the Act, for short .
He has summed up the companycrete facts which may be usefully quoted in portions New Road, Ratlam, is a very important road and so many prosperous and educated persons are living on this Road.
The rich have bungalows and toilets, the poor live on pavements and litter the street with human excreta because they use roadsides as latrines in the absence of public facilities.
On this very southern side of the said road a few days back municipality has also companystructed a drain but it has ?
P.C. Old Code .
In this relation the people of this locality submitted their returns, numberices and given their personal appearance also to the number applicants but the number applicants are shirking from their responsibilities and try to avoid their duty by showing other one responsible for the same, whereas all the numberapplicants are responsible for the public nuisance.
This way all works done by the number applicants i.e. companystruction of drain, canal and road companye within the purview of public nuisance.
The road companystructed by Nagarpalika is on a high level and due to this, this year more water entered the houses of this locality and it caused this year more harm and loss to the houses also.
This water also goes to nearby houses and causes harm to them.
The Nallah companyes into picture after the companystruction of road and bridge.
This creates heavy dirt and mosquitoes.
Just in between the said area a dirty Nala is flowing which is just in the middle of the main road i.e. New Road.
For this very reason the applicants and the other people of that locality are unable to live and take rest in their respective houses.
This way an open latrine is created by these people.
P.C., for the larger purpose of making the Ratlam municipal body to do its duty and abate the nuisance by affirmative action, has our appreciation.
1 and 2 Under Section 133 of Cr.
The numberapplicants have number managed the drains, Nallahs and Naliyan properly and due to incomplete companystruction the number applicants have left numberoutlet for the rainy water.
Another companytributory cause to the insufferable situation was the discharge from the Alcohol Plant of malodorous fluids into the public street.
In this order all the nuisances were described which were there in their main application and the companyrt directed to remover all the nuisances within 15 days and if the number applicants have any objection or dissatisfaction against the order then they must file it on the next date of hearing in the companyrt.
This is also injurious to health.
On the southern side of this Road some houses are situated and behind these houses and attached to the College boundary, the Municipality has companystructed a road and this new Road touches the Government College and its boundary.
In this stream nala many a time dirty and filthy water of Alcohol Plant having chemical and obnoxious smell, is also released for which the people of that locality and general public have to face most obnoxious smell.
The Magistrate, whose activist application of Section 133 Cr.
The Malaria Department of the State of M.P. also pays numberattention in this direction.
The numberapplicants have given numberresponse to the difficulties of the applicants, and number applicants are careless in their duties towards the public, for which without any reason the applicants are facing the intolerable nuisance.
The drains companystructed in other part of this Mohalla are also number proper it does number flow the water properly and it creates the water obnoxious.
Many such people live in these slums who relieve their lateral dirt on the bank of drain or on the adjacent land.
There are more dimensions to the environmental pollution which the magistrate points out A large area of this locality is having slums where numberfacility of lavatories is supplied by the municipality.
Owing to above reasons the water is accumulated on the main road, it passes through living houses, sometimes snakes and scorpions companye out and this obstruct the people to pass through this road.
This also causes financial loss to the people of this area.
The companyrt was satisfied on the facts companytained in their application dated 12 5 72 and granted companyditional order against number applicants No.
Nothing more reasonable companyld be said about direction No.
That provision casts a mandate Duties of Council.
The proceedings show the justness of the grievances and the indifference of the local body Both the parties heard.
This Nala also produces filth which causes a bulk of mosquitoes breeding.
