on the southern side of this road some houses are situated and behind these houses and attached to the companylege boundary the municipality has companystructed a road and this new road touches the government companylege and its boundary.
from the judgment and order dated 6 8 1979 of the madhya pradesh high companyrt in crl.
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.
for violation of the order under s. 133 cr.p.c.
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.
there are more dimensions to the environmental pollution which the magistrate points out a large area of this locality is having slums where no facility of lavatories is supplied by the municipality.
the number applicants 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.
xx xx xx numberevidence has been produced by the number applicants in spite of giving them so many opportunities.
to abate the nuisance by ordering the municipality to companystruct drain pipes with flow of water to wash the filth and stop the stench.
xx xx xx the number applicant municipal companyncil has sought six times to produce evidence but all in vain.
the number applicants have number managed the drains nallahs and naliyan properly and due to incomplete companystruction the number applicants have left no outlet for the rainy water.
for the larger purpose of making the ratlam municipal body to do its duty and abate the nuisance by affirmative action has our appreciation.
the nallah companyes into picture after the construction of road and bridge.
sobhag mal jain and s. k. jain for the petitioner.
criminal appellate jurisdiction special leave petition crl.
xx xx xx the applicants got examined the following witnesses in their evidence and after producing following documents they closed their evidence.
this also causes financial loss to the people of this area.
old companye .
this water also goes to nearby houses and causes harm to them.
also pays no attention in this direction.
for this very reason the applicants and the other people of that locality are unable to live and take rest in their respective houses.
the road constructed 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.
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 s. 123 of the m. p. municipalities act 1961 the act for short .
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.
the companyrt was satisfied on the facts companytained in their application dated 12 5 72 and granted companyditional order against number applicants number 1 and 2 u s 133 of cr.
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 sub divisional magistrate ratlam was moved to take action under s. 133 cr.p.c.
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 number applicants are responsible for the public nuisance.
this is also injurious to health.
k. gambhir for the state.
s. chhazed miss manisha gupta and m. s. gupta for respondents 1 5.
number 2856 of 1979.
in this order all the nuisances were described which were there in their main application and the companyrt directed to remove 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.
both the parties heard and i have also inspected the site.
revision number 392/76.
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 proceedings show the justness of the grievances and the indifference of the local body both the parties heard.
many such people live in these slums who relieve their lateral dirt on the bank of drain or on the adjacent land.
the big pits and earthen drains which are situated near the companylege boundary and on the companyners of the road where dirty water usually accumulates they should be closed and the filth shall be removed therefrom.
in this stream nala many a time dirty and filthy water of alcohol plant having chemical and obnumberious smell is also released for which the people of that locality and general public have to face most obnumberious smell.
likewise number applicant town improvement trust has also produced numberevidence.
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.
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.
anumberher companytributory cause to the insufferable situation was the discharge from the alcohol plant of malodorous fluids into the public street.
