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Synopsis
The present petition is filed by the petitioner being aggrieved by the suffering of the poor and indigent people residing in the Ambedkar colony area. A brick industry known as the Gokul Brick Industry has been established near the residential area which is infringing with the fundamental rights of the residents as Article 14 and Article 21 of the Constitution of India are being infringed. These poor and indigent people have been protesting against the establishment of the industry and have represented the issue to the government but have not received any relief. This petition is in the best interest of the public at large to protect their well-being, health and clean environment. As the process of making bricks is causing a lot of health related issues as well as is hampering the environment at large, these residents are not being treated equally as other residential areas are living in clean and peaceful environment. It is of extreme importance to protect the rights of these people. Hence, this petition.
THE SUPREME COURT OF INDIA
EXTRA ORDINARY ORIGINAL JURISDICTION
WRIT PETITION NO.____OF 2022 (P.I.L)
PUBLIC INTEREST LITIGATION
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
Suraj Raj Petitioner No.1
VERSUS
Gokul Brick Industry Respondent No.1
To,
The Hon’ble Chief Justice of India
& His Companion Judges of this Hon’ble Court
Humble civil appeal on behalf of the
Appellants above named:
Most Respectfully Showeth:
1. The Petitioners herein are filing the instant writ petition in the public interest under Article 32 of the Constitution of India for the enforcement of Rights under Articles 14 and 21 of the citizens. The petitioners through the instant writ petition seek greater transparency and accountability in the functioning of the brick industry. The petitioner through this petition seeks an appropriate writ directing the brick industry in its functioning keeping in mind of the welfare of the poor and indigent people residing in the Ambedkar colony area.
2. The Petitioner is a citizen of India, working as a social activist, with annual income of about Rs. 8,00,000/- per annum, R/o L3-696 6th floor brahma Suncity, Pune, Maharashtra 411014. Email ID: surajraj101@gmail.com. Phone No: 98902222678. Documents regarding personal identification: 78659595148, A true copy of Aadhar Card annexed hereto and marked as annexure P1. Social activist with social dreams legal services. Copy of PAN Card: A true copy of PAN card annexed hereto and marked as annexure P2.
3. That, Petitioner declares and undertakes that petitioner has no civil, criminal and revenue litigation pending against him. The petitioner is filing the present petition as the people he represents had protested against the establishment of the industry and represented the matter to the Government but no action was taken by the sector responsible of the Gokul Brick Industry.
4. That, Petitioner has filed this Public Interest Litigation for the injunction of the Gokul Brick Industry. The petitioner strongly believes that the Gokul Brick Industry should not carry on its business near a residential area as the process of making bricks is harmful to the environment as well as the healthy of the residents. Such an industry should be established in a area which is non-residential as it will not be of any inconvenience to residents.
5. The residents are entitled to live in a clean, heathy, pollution free environment as it is their fundamental rights under Article 21 of the Constitution of India. Their fundamental right to clean, healthy and pollution free environment is being infringed as the Gokul Brick Industry is producing immense amount of red dust, smoke and noise pollution in the residential area. The dust produced by the Gokul Brick Industry is causing infection in the eyes and the throat of the residents which is causing leading them to cough continuously. Residents with asthma are suffering immensely as the dust is causing them more difficultly in breathing.
6. The process of baking bricks is causing immense amount of smoke, heat and smell around the residential area. The heat produced during the day and night is causing heat flashes to the residents and is keeping the air warm and dry which is harmful to the skin of the residents, some residents have even developed rashes all over their body because of the heat. The Baking of bricks is tampering with the air which the residents breathe, the air smells burnt and pungent. The noise caused by the Gokul Brick Industry is disturbing the peace of mind of the residents and is greatly affecting the students in their education as they are not able to focus on their studies while they study at home.
7. The residents are entitled to be treated equally as other residents of different colonies around, their fundamental right of Right to Equality under Article 14 of the Constitution of India is being infringed as these residents should be treated the way other residents of other colonies are treated, there are no Industries situated around their colonies and live in a clean, healthy and pollution free environment. These residents are poor and indigent this does not mean that they can be treated in any manner their health and life is as important as every citizen of India and must be protected equally at all costs.
8. Studies have that Brick Industry which are situated in residential areas are greatly harmful to the environment and health of the residents and such industries must be situated in areas which are non-residential to protect the health and well-being of every resident. If one ever passes by a Brick Industry they will find presence of dust on their clothes as well as their eyes will burn and water because of the cause caused and the smoke will also cause for them to cough intensely which might lead to chest pains because of press coughing puts on the lungs.
9. GROUNDS
A. The Gokul Brick Industry’s businesses should not be conducted in the residential area as it is infringing the fundamental rights of the residents.
B. The residents have the right to live in a clean, healthy environment with absence of noise pollution.
C. The residents at large should not be suffering because of one industry which is causing inconvenience to them on daily basis.
D. The Gokul Brick Industry is not taking adequate care and precautions which is leading to more pollution to the environment.
10. MAIN PRAYER
In light of the aforesaid, the petitioner, therefore, pray that this Hon’ble court may kindly be pleased to:
E. To provide strict and rigorous punishment to those who establish industries which are harmful in nature to health and well-being of people at large.
F. To provide a strict protocol which brick industries must follow before establishing their industry.
G. To provide punishment to industries who do not follow the protocols and infringe the fundamental rights.
H. To provide a strict actions for injunction of brick industries when they cause inconvenience to the public at large.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS DUTY BOUND SHALL EVER PRAY
FILED BY: Advocate for the petitioner
Drawn By: Miss, Neha Sadam
Drawn On: 20-2-2022
Filed On: 24-2-2022
Maharashtra
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