In the absence of any evidence of objectionable pollution caused by the mill, the court declined to order its closure.

JAWAHAR LAL GUPTA, J.

1. The petitioner prays for the issue of a writ and mandamus directing Respondents Nos. 1 to 5 to take appropriate action for closing down the,Oil Mills being run by Respondent No. 6. A few facts may be noticed.

2. The petitioner is a Society of the residents of the Shastri Nagar, Ambala City. It has filed the present writ petition in public interest. The petitioner alleges that the Shastri Nagar "is in existence since 1960 in the Ambala City". Initially, a separate industrial area had been carved out. In the year 1994, Swastik Oil Mill, Hissar Road was installed in the vicinity of the residential area. According to the petitioner, respondent No. 6 had set up the Oil Mill in an unauthorised manner on account of its influence and political connections. It is further alleged that boilers of huge capacity and volume have been installed in the factory premises "which could be fatal for the residents......" According to the petitioner, no licence under the Explosives Act had been obtained by Respondent No. 6. The Mill releases gases full of foul smell polluting the whole atmosphere. The Boilers release gassteam with very loud noise throughout the day and night and vapours of the steam engulf the whole atmosphere like clouds. Poisonous gaseous substances which irritate the eyes and lead to respiratory problems are released. As a result, the residents find it difficult to breathe in open air. These disturb the life of the residents of the locality. It has been further alleged that the Mill has thrown mud on the municipal passage and blocked the drainage of the area. As a consequence, dirty water has accumulated on the passage near the Mill. A pond has been formed on the shallow land. The drainage made by the Municipal Committee has been blocked. It remains full of filthy water. It can cause diseases in the area. The effluent discharged by the Mill pollutes the drinking water. The residents of the area made complaints to the official respondents and requested them to stop the further functioning of the factory. Respondents Nos. 1 to 5 having failed to take any action, the petitioner has approached this Court through the present writ petition. The petitioner maintains that the Mill has been established without taking care of the ecology. In pursuance to the complaint submitted by the petitioner, Respondent No. 3, the Director, Department of Industries had called the petitioner on Oct. 20, 1994. The representative of the Society had appeared before the General Manager, District Industries Centre, Ambala a number of times but nothing fruitful was done. The respondents have failed to carry out their constitutional and legal duties. Consequently, the petitioner prays for the issue of a direction restraining respondent No. 6 from running the factory.

3. Separate written statements have been filed by different respondents. In the written statement filed on behalf of the Haryana State Pollution Control Board (Respondent No. 2), it has been inter alia mentioned that the Unit was established without obtaining consent. Letters dated Sept. 2, 1994 and May 3, 1995 had been written to respondent No. 6 to apply for consent. Since the Unit had not applied of consent, it had been declared as a nonapplicant. Allegations of connivance with or favouritism to the Unit have been denied. It has been further pointed out that the Deputy Commissioner, Ambala has been requested to initiate action under sec. 133, Cr.P.C. against the Unit. Action under Sections 31A(a), A(b) and 33-A(a), A(b) has been initiated against the Unit by directing the Haryana State Electricity Board to disconnect the electric supply. Copies of the communications addressed to respondent No. 6 and the Board etc, have also been produced with the written statement.

4. In the written statement filed on behalf of respondent No. 5 a Municipal Committee, it has been inter alia stated that the Mill was established without obtaining any permission and as such, it has