Madhya Pradesh High Court
Mukesh Jain vs The State Of Madhya Pradesh on 7 June, 2021
Author: Chief Justice
HIGH COURT OF MADHYA PRADESH
Writ Petition No.18275/2020
(Mukesh Jain Vs. State of M. P.)
-1-
Gwalior, dated 7/6/2021
Heard through Video Conferencing.
Shri Sanjay Rajput learned counsel for the petitioner.
Shri M.P.S. Raghuvanshi learned Additional Advocate
General for the State.
Shri Harish Kumar Dixit learned counsel for respondent no.2.
Shri S.P. Jain learned counsel for respondent No.4.
This writ petition has been filed by Shri Mukesh Jain,
advocate, by way of public interest litigation with a prayer that
respondent no. 3 Municipal Council Bhind may be directed to
ensure regular cleanliness of the market and other major places of
the city. The respondents should be further directed to ensure that
there should not be any pollution if any kind of construction
including of laying down water, electricity, pipeline etc. in the road
takes place. Periodical cleanliness of the roads of the city should be
ensured and that the water should be spread by sprinklers on
regular basis so that sand does not cause any pollution.
Learned counsel for the petitioner has cited judgment of the
Hon'ble Supreme court in the matter of M.C. Mehta Vs. Union of
India and others reported in (2020) 7 SCC 573.
A reply to the writ petition has been filed on behalf of
Municipal Council Bhind in which it has been stated that they are
making regular cleaning of the roads and that if and when any
construction activity is carried out on the road or in the
houses/plots adjoining the road, the dust particles are settle down
by sprinkle of water.
HIGH COURT OF MADHYA PRADESH
Writ Petition No.18275/2020
(Mukesh Jain Vs. State of M. P.)
In Para 19 of the aforecited judgment, the Hon'ble Supreme
court has held as under:
"19.For taking care of the road dust let water
sprinklers/dust suppressors be used on the roads. An IIT
expert suggested about the appropriate water pressure for
the sprinklers. At what pressure water should be sprinkled
so as to reduce the pollution and dust so that it does not
add to the pollution. Let the Corporations act on advice of
the expert of the IIT. Such roads where traffic congestion
is more, let traffic plan be also prepared in such a manner
so that there is no extra burden on a particular road so that
traffic congestion is taken care of. It is for the traffic
authorities concerned to take immediate steps in this
regard."
Keeping in view the guidelines as contained in the aforesaid
judgment and having regard to the stand of Municipal Council
Bhind we dispose of the writ petition with a direction to the
respondents to adhere to guidelines contained in para 19 of
M.C.Mehta's case (supra). Still if any kind of pollution is again
noticed, it would be open for the petitioner to approach the
Secretary , State Pollution Control Board, Madhya Pradesh Bhopal
to take action in the matter.
Certified copy as per rules.
(MOHAMMAD RAFIQ) (SUJOY PAUL)
CHIEF JUSTICE JUDGE
BDJ
Digitally signed by
BHUVNESHWAR DATT JOSHI
Date: 2021.06.07 06:02:53
-07'00'
