Krishna Gopal vs State Of Madhya Pradesh. Country/Territory India Type of court National - higher court Date Jan 1, 1986 Source UNEP, InforMEA Court name High Court of Madhya Pradesh Judge Gyani., V. Language English Subject Air & atmosphere, Environment gen. Keyword Air quality/air pollution Air pollution (stationary sources) Abstract Smt.Tripathi on 26-8-1982 lodged a complaint with the Distt. Magistrate, Indore, alleging that a factory Caplic was being run in House No.23/2 Manoramaganj, Indore, manufacturing glucose saline where a boiler was installed and coal was used as fuel. The emitted smoke and ash from this boiler caused a great deal of atmospheric pollution resulting in a deleterious effect on the residence of that locality. Indore City passed a final order directing the removal of the factory from the premises 23/2 Manoramaganj, Indore. Feeling aggrieved by the aforesaid order Krishna Gopal Kakani preferred a revision before the Sessions Judge on 17-6-1983. This revision petition was decided by order dated 30-10-1984 and a modification was made only to the extent that instead of removal of the whole factory it was the boiler alone which was directed to be removed. This Revision Petition is directed against the order dated 13-10-1984. The witnesses examined in this case and the evidence adduced in support of the police report unfailingly point to the nature of the nuisance, the emission of smoke from the boiler and its deleterious effect on the community is amply borne out from the evidence on record. In such circumstances the requirement of section 133of Criminal Procedure Code providing a speedy and summary remedy in case of urgency where damages to public interest or public health etc. is concerned. is fully satisfied. The modification in the order by the Additional Sessions Judge was in fact uncalled for. The nuisance to the community at large is not by mere installation of the boiler but also by the factory itself. In such circumstances while affirming the order passed by the lower Revisional Court the original order passed by the Sub-Divisional Magistrate was modified deserves to be restored and it is accordingly restored without any modification confirming the same. Full text COU-156030.pdf Website www.indiankanoon.org