In Bairi Srinivas v. The State Of Telangana, the Court directed to follow necessary protective measures to continue the operations of Flour Mill, which is causing dust pollution and noise pollution in the local residential area.
Brief Facts of the Case
There is a flour mill in the local residential area, where the petitioner and his predecessor carried on the business. They continued their business of flour mill from last sixty years. The local residents made a complaint on the said flour mill that, it is causing dust pollution and noise pollution and affecting the health of local people of that residence. The respondents directed to the petitioner to obtain the trade license within a limited period. The petitioner did not obtain trade license on time. Then the respondents obstructed the flour mill business of the petitioner.
Argument of the Petitioner
The learned counsel submitted that the grandfather of the petitioner started the flour mill. That the flour mill is in existence for the last sixty years. After his grandfather, his father continued the business, and now the petitioner is continuing the said business. The petitioner regularly pays municipal taxes. However, the respondents has prevented the petitioner from running the flour mill.
The petitioner asserted that the respondents did not send any notice to him prior to locking down his premises, and the petitioner had already applied for the trade license.
Argument of the Respondent
The learned counsel from the side of respondents submitted that the local public made a complaint about the flour mill. The flour mill causes dust pollution and noise pollution, and affects the local residence. The respondents impugned notice to the petitioner directing the petitioner to obtain the trade license. As there was no license on date, the respondents directed to refrain the petitioner from continuing the trade.
Observation of the Court
Having regard to the respective submissions, the Court observed that the flour mill is situated in a residential area and affecting the local people. The dust pollution and the noise pollution can cause serious health issue like respiratory problems. That the respondents have valid reasons to obstruct the business.
The Court could not find any fault from the side of respondents. The Court cannot accept that merely because no notice was issued previously, and no action was taken against the petitioner earlier, the respondents would have no objections for the trade.
Decision of the Court
It is also taken into consideration while passing orders on the application of the petitioner that a flour mill is one of the essential parts of livelihood not only in rural but also in town and urban areas. The Court directed to the petitioner to follow necessary protective measures to continue the flour mill trade which is causing the pollution and affecting the local residence.
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