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HAJI MUHAMMAD HUSSAIN versus D.C.O., DIR UPPER

Section 21 (9) Jurisdiction of the Civil Court Plaintiff for Special Relief Act (I of 1877), Sections 54 and 55 of the Civil Procedure Code (v. 1908), O. VII, R11 Air and Noise Pollution Suits, Permanent and Mandatory Order Permanent summons was also requested under the injunction against the plaintiff to prevent the plaintiff from operating the stone crushing plant near the plaintiff's residential area so that the Ummah was requested to remove the plant from the defendant. Directs and together with the Court of Appeal the plaintiff should be directed to revoke the license to the returning plaintiff. Submission to the appropriate forum as the civil court had no jurisdiction in this matter, both the courts, in view of the provisions of the Environmental Protection Act 1997, had the jurisdiction to hear and decide on the pollution case. Did not receive. Refusing to exercise jurisdiction by the courts below, the problem created by the folklore of a stone crushing plant was not indicated, and the controversial plant lesions near the residential area were confirmed and explained Under the direction of the relevant authorities, the defendants have taken various steps to comply with the legal provisions to reduce pollution by developing a water filter filter system. Etc., under which the environment was protected from air pollution. Local authorities' efforts to prevent impact pollution focused their attention on the soil, however, the fact of noise pollution from rocking the crushing site was not properly assessed. And in addition to the crushing, the process of giving up will certainly make noise, other than dust which can cause Q. advocate from Burewala lawyer