- (1.) The petitioner is a Cardiologist and her husband a general Surgeon. Both of them claim to be well versed with the health hazards. However, the paradox is that the petitioner is before this Court, challenging orders of the authorities, whereunder she has been found causing sound and air pollution, injurious to public health. She has installed a generator over Patri land which is part of public road, thus causing unlawful obstruction over public place.
(2.) Proceedings were initiated by the second respondent, who is a neighbour of the petitioner for directing removal of the generator, as it is causing public nuisance and unlawful obstruction over public road. On such application being filed, the learned Magistrate called for a report from the police. In pursuance thereof, the Inspector in-charge of police Station Inchauli, submitted a report on 23.8.2014 stating that the generator has been installed by the petitioner by encroaching a part of public road. A pucca foundation has been made for such purpose. The learned Magistrate on being satisfied that unlawful obstruction has been caused on public road, issued a conditional order dated 3.9.2014 requiring the petitioner to remove the obstruction and nuisance, caused thereby. The petitioner in response to the same, submitted a denial statement in which it is stated that the generator has been installed after taking permission from Nagar Nigam. The petitioner is paying rent to Nagar Nigam. It is further stated that the generator in question is a silent generator and is free from air and sound pollution. It was thus prayed that the proceedings be dropped.
(3.) It seems that during the course of the proceedings, the learned Magistrate called for a report from Nagar Nigam, Meerut. The Nagar Nigam submitted a report dated 28.11.2014 mentioning that it had not granted any permission to the petitioner to install generator, nor has realized any rent from her. Before the learned Sub-Divisional Magistrate, a communication dated 29.8.2014 was brought on record by the second respondent, whereby the Meerut Development Authority, Meerut, requested the Chief Engineer, Nagar Nigam, Meerut to undertake effective measures to ensure removal of generator set installed on public road, in the neighbourhood of the second respondent. There is also on record the information furnished by Deputy Director, Electrical Safety, Lucknow, in response to questionnaire submitted under the Right to information Act. It has been informed that installation of generator set on public road is prohibited. Similar response has been given by the Chief Town Planner, Meerut Development Authority, Meerut stating that the installation of generator set for domestic use, on roads of the colonies of the Authority, is illegal.;