BHAN SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) DR . (Mrs.) - In this revision the controversy revolves round the fact whether running of a saw mill and cotton ginning machine by respondent Mohinder Singh in the demised premises of respondent Sadhu Singh amounts to a public nuisance and its working is injurious to public comforts and health.

(2.) ON petitioner's initiation SHO of Police Station Mansa forwarded a report to D.S.P. Mansa reiterating that respondent Mohinder Singh is running saw mill and cotton ginning machine in the house of Sadhu Singh. Cotton and wood dust enters the house of complainant Bhan Singh. This machine is run by 8 H.P. engine, which causes vibrations and in turn is causing danger to the house of the complainant. Hence saw mill and cotton ginning machine be removed. This report was accepted by D.S.P. Mansa. Municipal Committee gave licence to respondent Mohinder Singh for installing saw mill and cotton ginning machine, but on the complaint of the complainant the licence was cancelled after a few days.

(3.) RESPONDENTS filed Criminal Revision, which was allowed on 18.2.1987 by the Additional Sessions Judge, Bathinda, holding that it is only a private nuisance; it does not come within the purview of public nuisance; the learned S.D.M. was more influenced by his own observations which he held after local inspection; it is two years' old nuisance; at the time when Mohinder Singh obtained licence for installing saw mill and cotton ginning machine no neighbour objected to it and that the complainant has filed petition under section 133 Cr.P.C. because of his personal vendetta with the respondents. Learned Additional Sessions Judge also observed that the S.D.M. has relied on affidavits, which cannot be treated as evidence in the case.