9911796707
TMI Blog1959 (2) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... diameter and fifteen inches in height, and are intended to burn soft coke and charcoal in order to boil and clean hosiery fabrics. It is claimed that of these four ovens, only two are in commission and the smoke emanating therefrom is absolutely negligible and even when fully charged, the smoke coming out from the two ovens is much less than even ordinary domestic ovens used for cooking purposes. It is therefore submitted that the use of the ovens creates no nuisance at all and they do not come within the ambit of the said Act. On the Goth August 1955, a letter was written by the Chief Inspector and Secretary, smoke nuisance Directorate to the managing director of the petitioner company, a copy whereof is annexure 'A' to the petition. It was pointed out therein that under the said Act, it was provided that every person who intended either to construct, re-construct, alter or add to a furnace flue or chimney within the area specified under the said Act, must make an application with a detailed and fully-dimensioned working plan, together with a statement of the type of fuel to he used in each furnace, for the approval of the Commission constituted under the Act. It was stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for burning in the said ovens and none of them had a single chimney. It was next urged that the business was a mere cottage industry and the setting up of the chimney was generally resisted. This is a view that has not been accepted by the Smoke Nuisances Directorate and as the respondents threatened to take steps against the petitioner, this application has been made. 3. Before I proceed to indicate the points of law taken by Mr. Roy appearing on behalf of the petitioner, I must refer to the scheme of the Act and some of the provisions contained therein. As I have stated above, the Act is intended to abate nuisances arising from the smoke of furnaces and fire places in the towns and suburbs of Calcutta and Howrah. Provision has been made empowering the State Government to extend the operation of the Act beyond that limit (Section 2). The definition section (Section 3) which defines the word "Furnace" is very important and the relevant part is set out below : "In this Act,-- (1) "Furnace" means any furnace or fire-place used- (a) for working engines by steam, or (b) for any other purpose whatsoever Provided that no furnace or fire place- (i) us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s regards the first point, I do not see why the definition of a "Furnace" is at all vague. That it is wide, is deliberate on the part of the legislature, and the only regret is that the Act excludes domestic chulas and fire-places which are the primary source of smoke nuisance in many parts of the city. Mr. Roy's complaint is that the words--"for any other purposes whatsoever" is too wide and no definition at all. The original Act contemplated two classes of furnaces. The first was the same as 2(1)(a), but the second was--"for the purpose of carrying on trade, manufacture or industry in cases not falling under Clause (a)". There were three exceptions, namely "for household or domestic purposes", for the raising of steam on ocean-going steamers prior to leaving port and for burning of the dead. 6. The definition of the word "Furnace" was altered by Section 2 of the Bengal Smoke Nuisances (Amendment) Act 1916 (Bengal Act 1 of 1916). It is easy to see that in the year 1905, engines were all worked by steam. Electricity and other modes of propulsion or motivation were either not in vogue or not worth considering. It is no longer ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . State of Madras, AIR1951Mad979 and Jupiter General Insurance Co. Ltd. v. Rajagapslan,. However, since the matter is of general public importance and the operation of it is not confined to corporations, I shall endeavour to show how eminently reasonable the restrictions imposed by the Act, happen to be. For this purpose, I shall have to introduce a little historical survey. Although such a survey is not permissible for the purpose of interpreting an Act, it is relevant for the purposes of showing the background against which the law came to be enacted and the particular evil which it intended to remedy. The present Act was preceded by the Calcutta and Howrah Smoke Nuisances Act, being Bengal Act II of 1863. In 1904, the Hon'ble Mr. Carlyle a member of the Council of the Lieutenant Governor of Bengal, introduced the Bengal Smoke Nuisances Bill 1904 intended to replace the earlier Act which had proved quite inadequate. It appears that the Bill was based upon the recommendations of one Mr. Frederick Grover an expert on the subject of smoke nuisance control, who was sent out from England by the Secretary of State for India to examine the question on the spot. Before submitting his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the present law--for the abatement of smoke nuisance in and around this city came into existence so far back as 1863, since then as we all know, the condition of things has vastly changed. With the rapid development of Mill Industries in this part of the country, numerous furnaces and fireplaces have been erected, and in the absence of proper regulations these have, for the most part, been indifferently constructed. The innumerable chimneys that have sprung up are of all sorts, shapes land sizes, incessantly emitting thick black smoke, containing soot and solid particles of unconsumed coal; they are a content source of considerable trouble, inconvenience and mischief to the residents in their neighbourhood. In Calcutta, Wards Nos. 3 and 4 and possibly also Ward No. 2 are the worst sufferer in this respect and I can bear my personal testimony to the great annoyance to which the unfortunate residents of this locality are constantly subjected. It is a matter of surprise that something was not done, much earlier during the last 40 years, to amend the present law so as to meet the growing exigencies of the situation". 9. This was spoken in 1904. More than half a century has roll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chief Inspector of Smoke Nuisances with a host of Inspectors to assist him in his daily task. And yet, things roll on at a leisurely pace, as if we are not living in an age of space rockets and supersonic speeds, but in a legendary 'sleeping hollow'. Although there is provision for prosecution and daily fines, a leisurely correspondence goes on, and of course nobody has need to be aware until told on solemn affirmation that in a congested living space, numerous mills are going on merrily, contributing their quota to the already unbearable smoke nuisance of the city and its suburbs, without erecting chimneys, and using whatever fuel comes handy. The inevitable conclusion must be that the restrictions imposed by the Act are by no means too wide or unconscionably strict or constitutionally unreasonable. The fact is that they are not wide enough, and not administered with that sense of urgency which is imperative, and without which, this statute will like its predecessor, be very soon relegated to the limbo of oblivion, like so many other statutes relating to public health and sanitation, so bravely promulgated and so utterly wasted. 11. The rule is discharged, interim orders ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
