- (1.) A. K. Yog. J. Heard learned Counsel for the petitioner and learned Standing Counsel on behalf of the respondents.
(2.) PETITIONER claiming to be the Pradhan of the village filed a suit and certain interim order was obtained. Thereafter an application was filed before the Civil Court complaining breach of the interim order. These orders are ex parte. Copy of the order sheet has not been annexed to satisfy this Court that all efforts were taken to serve defendants in the said suit. Considering the controversy raised by the petitioner, I treat this petition to be public interest litigation. The grievance of the petitioner concerns the entire society at large particularly the rural population inasmuch as running of brick kiln, without ensuring protection to the environment, ecology and grove, is a social menace.
(3.) I regret that this petition has been filed casually. Petitioner has not even cared to produce Government Order/s dealing with the subject. The reliefs sought, if allowed, are bound to seriously prejudice respondent Nos. 4, 5 and 6. Petitioner ought to have taken utmost care to place before this Court relevant Government Orders and legislative enact ments, e. g. , Trees and Plant Protection Act, Necessary Licensing Act and Forest Corporation Act, Park and Playground Act, etc. This Court takes judicial notice that right to life includes right to health, which necessarily means maintenance of ecology and to check pollution. In view of the above, I issue a general mandamus to all concerned authorities, including Chief Secretary, Government of U. P. , all the Senior Super intendent of Police and Superintendent of Police concerned circle and Station House Officer in the State and all other con cerned authorities like District Magistrate and Sub-Divisional Magistrates to ensure that no brick-kiln is allowed to run in breach of the G. O. No. 73/10- B/l-33 dated 11 th November, 1965 (provided it is still in force) and any other Government Order dealing with the same subject as on date. If there is no Government Order, the same may be issued by the Government so as to ensure that groves are not being damaged by indiscreet running of brick-kiln.;