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Munbode Bibi Raoujia & Ors v Chitranund Domah

Pays/Territoire
Maurice
Type de cour
Nationale - cour supérieure
Date
Déc 31, 1998
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court
Siège de la cour
Port Louis
Numéro de référence
1998 SCJ 170
Langue
Anglais
Sujet
Air et atmosphère
Mot clé
Droits de l'homme
Résumé

The applicant sought an order to prohibit the respondent from running a cabinet workshop where electric motors had been installed. The applicant furthermore meant that the operation of the cabinet workshop would be a source of nuisance consisting of noise and dust that would negatively affect the health of people in this residential area.

The respondent meant that the applicants’ property was at a considerable distance from the site where the workshop would operate, and that several workshops already existed in the area. The respondent stated that the existing workshops already caused a lot of noise, as well as a busy nearby road. Therefore the workshop would not cause a nuisance.

The Court took into account the need for economic development and fast industrial development in the country. It meant that some environmental inconvenience should not be used as a reason to deprive a person of his or her livelihood. This was also supported by the human rights principles of the country.

Texte intégral
Munbode Bibi Raoujia & Ors v Chitranund Domah.pdf