R.L.ANAND, J. - (1.) THIS is a civil revision and has been directed against the order dated 14.10.1999, passed by the Additional District Judge, Gurgaon, who partly allowed the appeal of the petitioners and gave the direction "the respondent is ordered to maintain status quo ante at the spot regarding installation and/or operating the plant."
(2.) STILL not satisfied with the order of the first appellate Court, the present revision. The petitioners filed a suit for permanent injunction with the averments that they are owners in possession of the land fully described in para-1 of the plaint which is being used by them for agricultural purposes. The said land and the adjoining lands are agricultural farm lands. The labourers of the petitioners engaged for agricultural purposes are residing in the said land of the petitioners along with their families. The respondent M/s. Dhingra Construction Company claims itself to be the owner of the adjoining land. The respondent illegally and unlawfully wants to install a Hot Mix Plant in the said land which is adjacent to both sets of land of the petitioners. The respondent has not obtained any permission from the concerned authorities to install a Hot Mix Plant or to change the nature of the land from agricultural to commercial. The respondent has not got sanctioned his lay-out plan and approval of change of land use from the office of the District Town and Country Planning. As per the petitioners, the respondent had no right to change the nature of the land and it cannot start commercial activity or install an industry in the land in question. The activities of the respondent create pollution which is hazardous for human beings and dangerous for the agricultural lands of the petitioners. The smoke emitted by the Hot Mix Plant is very harmful and hazardous and will pollute the whole atmosphere. A pungent smell is emitted from the burning of oil and charcoal, which causes severe breathing problems. It is a great act of nuisance on the part of the respondent and the plaintiffs are likely to suffer an irreparable injury if the activities of the respondent are allowed to continue. The plaintiffs even issued a notice to the District Town and Country Planning, Gurgaon, regarding the illegal activities of the respondent.
(3.) WITH the above broad allegations, the plaintiff-petitioners filed a suit that the defendant be restrained permanently from running the Hot Mix Plant. Along with the suit, the petitioners also filed an application under Order 39 Rules 1 and 2, CPC. The suit as well as the application were contested by the respondent and it was pleaded that the petitioners have misrepresented the true facts. The respondent has already obtained a No Objection Certificate from the Haryana State Pollution Control Board, Chandigarh, vide memo No. HSPCB/NOC/50 dated 22.4.1999. The respondent has not violated any provision of law as it intended to erect and operate the hot mixture plant at the spot in accordance with the law. The plant is a fully computerised plant with built in computer controlled pollution devices. The emission of effluents from the plant at the time of its operation is much below the limits of effluent discharge prescribed by the Board. The plant is not a conventional one. The land on which the respondent has installed the plant is not within the controlled area and, therefore, permission from the Director, Town and Country Planning was not required. The respondent purchased this land for a sum of Rs. 9,25,000/-. The respondent further incurred expenditure of Rs. 35 lacs for the purchase of machinery. With this broad defence that the petitioners have no case, the respondent prayed for the dismissal of the application.;