MARBLE MURTI HAST KALAA SANSTHA Vs. KAILASH CHAND SHARMA
LAWS(RAJ)-2015-1-45
HIGH COURT OF RAJASTHAN
Decided on January 07,2015

Marble Murti Hast Kalaa Sanstha Appellant
VERSUS
KAILASH CHAND SHARMA Respondents

JUDGEMENT

- (1.) THE delay in filing the instant appeal of 274 days, in the facts and circumstances, stands condoned.
(2.) HEARD counsel for the appellant.
(3.) INSTANT intra -court appeal has been preferred against order of the ld. Single Judge dt. 12.12.2013 along with an application seeking leave of this court to file the instant special appeal as they were not party before the ld. Single Judge and their rights have been adversely affected by the directions issued by the ld. Single Judge under the order impugned. Before we may examine the application of the present appellant seeking leave of this court and consider it appropriate to reproduce the final directions issued by the ld. Single Judge to the District Collect, Jaipur; Chief Executive Officer, Municipal Corporation, Jaipur; and so also the Rajasthan State Pollution Control Board under the order impugned dt. 12.12.2013 which read ad infra: - "Petitioners who are residents of Tejaji Nagar and Srigopal Nagar, Gopalpura Byepass, Jaipur are aggrieved by the inaction of the respondent -State authorities in not taking any action against the industrial activities carried out in their respective colony by certain persons. Learned counsel has cited number of photographs showing that large size blocks of marbles and stones are brought adjoining their houses, proving identical activities. It is contended that cranes and cutters are being used on vast scale and such activities goes on not only in day, but also in night. The petitioners made complaint to the State Pollution Control Board, which has submitted its report to the District Collector, Jaipur. According to that report, the area in question is having not only air pollution, but also noise pollution, much excess of the prescribed level. Even then the respondents are not taking any action. Petitioners in this connection may approach the District Collector, Jaipur and the Chief Executive Officer, Municipal Corporation, and also the Rajasthan State Pollution Control Board, who have a duty to ensure enforcement of law relating to Air Pollution and Noise Pollution and also that no industrial/commercial activity if not permitted by local law in the area in question is carried out contrary to law. The appropriate action shall be taken on representation of the petitioner within two months from the date such representation is made. The writ petition is disposed of." ;


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