Public nuisance: Court bans operation of 13 crush machines in Havelian

Complainants point at health hazards, including pollution

ABBOTABAD: The court of the judicial magistrate banned the operation of at least 13 crush machines in Havelian tehsil on Friday.

According to Advocate Rabnawaz Tanoli, during his visit to Havelian, Peshawar High Court Chief Justice Mazhar Alam Miankhel on the request of lawyers and locals asked the administration and police of Abbottabad to ensure a complete ban on crush machines that were causing pollution in the area. However, police and administration exercised “traditional leniency” towards the culprits.

This prompted Irshad Khan and nine other residents of Langra village and surrounding areas to file a suit seeking legal action against the crushers under Section 133 of the Code of Criminal Procedure (CrPc). This particular clause states any unlawful obstruction, trade, occupation, building, structure, well, excavation or nuisance in any public space that causes harm to people or the area should be confined, removed or disposed of immediately. The suit was filed in the court of judicial magistrate III Ishtiaq Ahmed on December 5, 2015.

The advocate for the complainants claimed since the crushers have no mechanism of controlling dust or noise pollution, it was considered public nuisance.

The counsel for the petitioners’ added noise and air pollution caused by 13 crushers built on the bank of Daur River has exposed students and residents of the village to umpteen health hazards. The petitioners demanded the imposition of a ban on the crush machines.

The court summoned the owners several times, but all of them failed to appear to present their defence. The court, through a temporary order, banned the operation of 13 crushers till the next hearing scheduled for the second week of March.

According to Advocate Rabnawaz, the magistrate asked local police to ensure the implementation of court order.

Published in The Express Tribune, February 27^th,  2016.