1997 PLP 2122 (MLD)

Tariq Muhammad Iqbal Chaudhry for Petitioner. Makhdoom Ijaz Hussain and Arshad Hussain Mirza for Respondents. Salamat Ali petitioner had installed ehilly grinding and rice husking machines in Plot No.58, Southern Gate, Grain Market, Sahiwal during the year 1978‑79 under a licence issued by the Chairman, Municipal Committee, Sahiwal. On the application of Mirza Muhammad Ibrahim respondent No.3, an owner of adjacent Plot No.57, moved before the District Magistrate, Sahiwal under section 133, Cr.P.C. for the cancellation of the licence issued in favour of Salamat Ali regarding his aforesaid business wherein he complained that the noise being produced by the aforesaid machines, besides physical discomfort to him and to the other inhabitants/neighbourers, has become injurious and permanent nuisance for them after hearing the parties the Deputy Commissioner, Sahiwal passed the impugned order on 12‑7‑1993 directing the then Chairman, Municipal Committee, Sahiwal not to issue any further licence for the chilly grinding and rice husking. However, about the removal of the machinery the parties were directed to seek the help of the Civil Court. Feeling aggrieved Salamat Ali petitioner filed this writ petition on 27‑11‑1994 getting declared the order dated 12‑7‑1993 passed by the Deputy Commissioner, Sahiwal without jurisdiction, illegal, void, mala fide and inoperative and that the Municipal Committee, Sahiwal through its Administrator may be directed not to interfere in his business. The comments were called from the Deputy Commissioner, Sahiwal/respondent No. l which have been received. It is narrated therein that the permanent nuisance was not bearable by the neighbourers of the petitioner and the running of machinery caused lot of noise and disturbance to the peaceful living of the vicinity.

2. Mirza Muhammad Ibrahim respondent No.3 has appeared at this stage and has contested this matter.

3. I have heard the arguments addressed by the learned counsel for the petitioner as well as respondent No.3 and gone through the record before me. The main contention of the learned counsel for Salamat Ali petitioner is that he is a poor person who earned his livelihood by the dint of his hard labour by operating the chilly grinding and rice husking machines and his said working cannot be interfered by any authority or any person from the public. I do not agree with him. It is the admitted position that the area wherein the chilly grinding machine and the rice husking machine are being operated by the petitioner is a thickly populated area. During these days when every effort is being made to remove the silent enemy of pollution adversely affecting the health of the citizens, the operation of the chilly grinding and rice husking machines has rightly been stopped by the Deputy Commissioner. It can be expressed with confidence that practically it becomes difficult even to take the breath when the chilly grinding machine is working. The vibration of the chilly grinding and rice husking machines is also a source of nuisance. No doubt the licence was issued during the year 1978‑

79. However, a sufficient period has elapsed in between 1978‑79 and passing of the impugned order dated 12‑7‑1993. With the passage of time there is increase of population in the urban areas. The reasoning adopted by the Deputy Commissioner on the basis of the assertions made by Mirza Muhammad Ibrahim respondent No.3 cannot be ignored. My view is that the order dated 12‑7‑1993 does not suffer from any illegality which had to be passed due to the nuisance being created by the chilly grinding and rice husking machines being operated by the petitioner. The comments sent by the Deputy Commissioner/respondent No. l have the legal weight and force.

4. In my view no Constitutional right of the petitioner, in view of the aforesaid circumstances, stands infringed.

5. I therefore, dismiss this writ petition in limine N.H.Q./S‑412/L Petition dismissed.