VISHNUDEO NARAYAN, J. - (1.) IN the PIL the petitioner has prayed for issuance of an appropriate writ for closure of the country liquor godown (warehouse situated at Bekarbandh, Polytechnic Area Terminal, Dhanbad) or its shifting to a place outside the residential locality of the city of Dhanbad.
(2.) THE case of the petitioner is that respondent No. 2 has granted licence in favour of respondent No. 3 for running a country liquor godown (warehouse) in the Biscomann Bhawan, Bekarbandh, Polytechnic Road, Dhanbad and said country liquor godown is running there and the said locality is absolutely a residential locality which has an adverse effect on moral and physical health of the society as there are prestigious girls school (carnel School), Damien Social Welfarem Centre, educational institution like Polytechnic Institute, ITI Mining School etc. in the very close proximity of the said warehouse. There are also Circuit House, District Dak Bungalow, PWD and PHED Dak Bungalow where the said warehouse is functioning and there is also residential areas in the close vicinity of the said warehouse besides a temple. Respondent Nos. 2 and 3 in their respective counter -affidavits have stated that respondent No. 3 is a licensee of country liquor warehouse aforesaid situated at Bekarbandh, Polytechnic Road, Dhanbad and the said licence is effective from 1.4.1999 to 31.3.2002 for wholesale country liquor sachet/bottles and the said licence is to be renewed every year. It is alleged that earlier the said warehouse was operational near the Head Post Office, Hirapur, Dhanbad where storage of rectified spirit and manufacture of country liquor was made and thereafter it was shifted to the Biscomann Godown at Bekarbandh, Dhanbad with the approval of the appropriate authorities after due enquiry regarding the suitability of the place and in accordance with rules. It is stated that there is no temple, mosque, educational institutions or any public place within the radius of 50 meters from the warehouse rather all the aforesaid institutions are situated at the distance of more than 100 meters.
(3.) VIDE order dated 9.1.2001 read with order dated 9.2.2001 this Court constituted a joint team of two advocates, namely, Sri Brajendra Krishna Prasad and Sri Sisir Kumar Ghosal to survey and inspect the area and to draw a plan and to report as to whether the location of the country liquor warehouse in question has in their opinion, any potential of creating nuisance for the residents/inhabitants of the neighbouring areas being educational institutions or the residential premises and whether it is desirable in the public interest to shift the same to some other place. The joint team of the advocates had submitted the report, as called for, and the said report is very factual which clearly indicates that the said warehouse is located in the place surrounded by residential areas, Government buildings, schools, temple and several other institutions including a prestigious girls Carmel School. The pith and substance of the report has been drawn in para 19 of the report which is quoted below : "Undoubtedly. Biscomann Bhawan where warehouse is located is situated in the midst of thickly populated residential and commercial areas. People assembled there have testified that there is huge noise when the Generator of the Warehouse is started and remains in operation for manufacture of pouches of country liquor. They have also stated that due to use of Generator and use of chemicals in manufacturing process causes Environmental pollution both of the noise pollution and obnoxious air pollution. At the time of inspection production was not in operation but a stinking and obnoxious smell was in the air." The joint team in para 21 of the report has observed that : "In our considered opinion, continuation of the Warehouse in Biscomann Bhawan has potential of causing nuisance to the inhabitants and it is desirable in the public interest to shift the same to some other place to avoid public nuisance.";