2021 PLP 544 (CLC)

KHADIM HUSSAIN M. SHAIKH, J.

It is, inter alia, contended by the learned counsel for the petitioner that the respondents Nos.5 and 6 are causing harassment to the petitioner by raising objection on running of the petitioner's Atta Chaki with name and style as Masala Atta Chaki Shadman Town, near Gaya Hospital, Mirpukhas. He, therefore, prays that the private respondents may be restrained from raising objection on the flour mill of the petitioner and direction may be given to the police for providing protection to the petitioner and his property namely subject flour mill.

2. Learned counsel for the respondents Nos.5 and 6 has mainly contended that the petitioner is illegally running a flour mill in residential area without obtaining environmental approval, having worsened the hygienic condition in the area around his unauthorized flour mill and the discharged effluents of the mill, having no proper arrangement for disposal thereof, is being collected in open areas, creating lot of health problems to the residential area including the families of the respondents Nos.5 and 6, whose houses are located in front of the petitioner's flour mill.

3. From a perusal of record it would be seen that the respondents have filed their objections in the shape of counter affidavit denying all the claims and allegations of the petitioner; copies of the report of Environmental Protection Agency Government of Sindh, Regional Office Mirpurkhas bearing No.557 dated 03.11.2016 filed along with objections / counter affidavit of Balach Khan Mari available at page 9-26, reveal that E.P.A Team on visiting the subject flour mill found that flour dust was blowing there and effluents discharged from the subject flour mill were seen in the left side of the flour mill in the vacant plot and it was pointed out that the petitioner after washing wheat, before crushing, disposes effluents there. The Team visually saw hygienic condition there due to disposal of dust and solid materials and a Chapral Hotel serving-meals, tea etc was also seen there and while giving the location of the mill, the petitioner in Paragraph-4 has averred that the subject mill is situated in Shadman Town near Gaya Hospital Mirpurkhas. The report E.P.A further reveals that the petitioner had not produced NOC from any department except food department nor did he produce environmental approval of the subject flour mill. On a query, learned counsel for the petitioner has conceded that the petitioner has not obtained environmental approval and permission for running the subject flour mill and he has further conceded that the said flour mill is located near Gaya Hospital Mirpurkhas in the residential area.

4. In view of the above, I am of the considered view that the petitioner by filing this petition has attempted to run his unauthorized flour mill and to continue his wrongs, which are detrimental to the health and lives of the residents of the area, where the subject flour mill is located. The petitioner has also filed this petition by suppressing the real and material facts relating to the aforesaid inspection of environmental team and un-hygienic condition resulting from running of the petitioner's subject flour mill in the vicinity, as the same are not spelt out from the averments of petition etc. filed by the petitioner, which also adversely reflects upon him. Thus, this petition besides being meritless and not maintainable, is also not bona fide one and same is liable to be dismissed. These are the reasons of short order announced by me on 26-11-2018, whereby this petition was dismissed along-with pending application with no order as to costs. SA/C-4/Sindh Petition dismissed.