Subject : Nuisance and annoyance created by the unauthorised and illegal activities of emitting the polluted gases using hazardous chemical and acids and by burning bhattis by people working as goldsmith in Bhuleshwar area of Mumbai (India). We are the members of Bhuleshwar Residents\' Association and are striving to keep our Bhuleshwsar locality clean , good and pollution free. Since last about 3-4 years in the Bhuleshwar area pockets like 1st, 2nd and 3rd Fofalwadi, Panchayatwadi, Khanderaowadi, Malharwadi, Dwarkesh Market and 8/12, Bhaskar Lane, as well as 1st, 2nd Bhoiwada, Marutilane and Bhagatwadi are being infested with certain people who are making golden, silver and diamond ornaments. These people are normally found to be occupying the small rooms in the aforesaid locality atleast in the group of 10-20 persons. These persons have changed the user of their residential premises for carrying out factory business (commercial purpose) by using the aid of power and have illegally constructed bhattis within their premises and also put up chemines for emanating the gaseous fumes which comes out at the time of melting the various metals while hitting them with various acids and chemicals in the said metal melting bhattis,without the permission of Bombay Municiple corporation (BMC) or the factory inspector. The above persons are storing the hazardous chemicals and acids within their premises without holding the requisite license and they carry on their said trade and manufacture activity without holding municipal license and without obtaining the permission from the pollution control board, Worli, Mumbai. The said person are causing health hazardous to the other inhabitants of their respective buildings and neighboring buildings by spreading the said acidic fumes and gasses either by the chemnies or by using exhaust fans. The said acids and chemicals are inflammable and cause danger to the life and property of the neighboring occupants. The said persons in order to accommodate 10-20 persons in small rooms, have built up additional premises by making loft and mazanine floor without the permission of BMC and also creating excessive stress on the building facilities like water supply, common toilet and bathrooms, thereby making the life of the other occupants worse than that of slum dwellers. These people also create unhygienic situation by throwing the left over acids, metals, rubbish and food pockets in the common house-gully as well as in the common sewerage line thereby blocking the same which may lead to ultimately the spread of epidemics like malaria, typhoid, jaundice etc. These people are mainly dragged to Mumbai as laborers having their families, wife and children etc. normally at their home town. They, therefore, behave like bachelors and move about in almost half naked position. They also make vulgar signs and gestures at times in the portions of common washing place near common toilets and bathrooms. We have observed the aforesaid facts and situations while visiting many buildings in the aforesaid locality. It further appears that though the residents and occupants of the locality are the victims of the aforesaid situation people are afraid to lodge complaints to the authority mainly on account of the lethargic and evasive attitudes shown by them. The Hon\'ble Bombay City Civil Court vide its Order dated 30.6.2001 L. C. Suit No. 3155 of 2001 (H.H.J. Shri V. L. Achliya) imposed 13 conditions upon the persons involved in the said goldsmith business viz that they shall not use L.P.G. and C.N.G. gas cylinders in their premises, not to use their premises for residing or making and carrying on their business only between 9 a.m. to 9.00 p.m. by not employing more than 8 persons, shall not employ child laborer, shall prevent air and nuisance pollution from their premises etc. There was a disastrous fire at Adukia building , 2nd Fofalwadi on 31.5.2001 engulfing 24 including child laborers employed in the said business and the BMC had appointed the Additional Municipal Commissioner Mr. A.K. Jain to give his report about the said incident. The said Jain Commission had given its report to the BMC somewhere in September, 2001 giving direction thereunder to shift all the goldsmith workers to some other industrial area so that it does not cause nuisance of air and nuisance of pollution to the residents of Bhuleshwar. The dead line given was 31.12.2001. However, we regret to say that the BMC has so far not been able to take any positive measures to curb the above nuisance which is injurious to the health and safety of the inhabitants of Bhuleshwar locality including the said goldsmith workers. The incident of the said Adukia building fire as well as 5-6 other incidents of fire in the locality during the last two years has proved the same. It is canvassed on behalf of the said goldsmith workers and their Bengali Associations and the other welfare associations including some political personalities that with the directions of the said court order or in implementing the said Jain Commission recommendations , most of the goldsmith workers have to shift to some industrial area and they would not be in a position to continue their said business at Bhuleshwar or nearby locality. Such contention is firstly illegal as it violates various BMC and labour welfare laws as well as it is a public nuisance of larger magnitude ad evidenced by the report of Dr. Masurkar of K.E.M. Hospital, Mumbai, India. The said nuisance has endangered the life and property of the large number of residents of Bhuleshwar locality.
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