in a residential locality "A" is involved in a business of loading, unloading and stocking of fodder. It has become health hazard to the residents of the locality, as the whole atmosphere was polluted due to dust particles of the fodder. "B" a resident of the locality approaches you. Advise him on the basis of decided cases.
Answers
Answer:
in a residential locality "A" is involved in a business of loading, unloading and stocking of fodder. It has become health hazard to the residents of the locality, as the whole atmosphere was polluted due to dust particles of the fodder. "B" a resident of the locality approaches you. Advise him on the basis of decided cases.
Answer:
THe cinduct of such business would be stopped in the locality.
Explanation:
In Ajeet Mehta v. State of Rajasthan, it was complained by the petitioner that the business involving loading, unloading and stocking of fodder had become serious health hazard to the residents of the locality as the whole atmosphere was polluted due to fine dust particles of the fodder, the inhaling of which caused number of health problems. The City Magistrate passed an order under Section133 of Cr.P.C. directing to remove the said business within 15 days fromthat place. The Rajasthan High Court upheld the order of theMagistrate. The stand taken by the Court supports the propositionthat public health cannot be allowed to suffer on account of personal interest involved in the business. It also fortifies that the right available to an individual to carry out any trade, business or calling under Article 19 (1)(g) is subject to considerations of public health.