IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19592 of 2018
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                 Gaurav Kumar Singh, Son of Anjani Kumar Singh, Resident of Flat No. 302,
                 Shashi Sudama Niketan, Road No. 02, Rajendra Nagar, P.S. Kadamkuan,
                 District- Patna.

                                                                            ... ... Petitioner/s
                                                    Versus

           1. The Chief Secretary, Government of Bihar at Patna.
           2. The State of Bihar through the District Magistrate, Gaya, District- Gaya.
           3. The Principal Secretary, Urban Development and Housing Department, Bihar
               at Patna.
           4. The Commissioner, Gaya Division, Gaya, District-Gaya.
           5. The Bihar Pollution Control Board, through its Chairman , Bihar at Patna.
           6. The Member Secretary, Bihar Pollution Control Board, Bihar at Patna.
           7. The Public Health Engineering Department, through its Principal Secretary,
               Bihar at Patna.
           8. The Chairman, Gaya Municipal Corporation, Gaya, District- Gaya.
           9. The District Magistrate Gaya, District-Gaya.
           10. The Senior Superintendent of Police, Gaya, District- Gaya.
           11. The Officer-in-Charge, Bodh Gaya, District- Gaya, Gaya Municipal
               Corporation, Bihar at Gaya.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s     :    Mr.Sumeet Kumar Singh, Advocate
                 For Bihar State Pollution:    Mr. Shivendra Kishore, Sr. Advocate
                 Control Board                 Mr. Parijat Saurav, Advocate
                                               Mr. Rabindra Kumar Priyadarshi, Advocate
                 For the Respondent/s     :    Mr.Anjani Kumar, AAG-4
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                 CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
                         and
                         HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
                                       ORAL ORDER

(Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 4 06-02-2019 It is reminding the authorities for the State in the Urban Development and Housing Department and the Gaya Municipal Corporation of their obligations to ensure that the Phalgu river in the town and district of Gaya is not polluted that this writ petition is filed, whereby the petitioner seeks a Patna High Court CWJC No.19592 of 2018(4) dt.06-02-2019 2/5 direction to the authorities on the following lines; (a) proper handling of waste emission, (b) to stop of dumping debris, flow of municipal waste as well as drain water in the Phalgu river.

We are rather constrained to observe that even when such obligation is a duty cast on the authorities of the Urban Development and Housing Department and the Gaya Municipal Corporation, yet it takes somebody to stand up by way of public interest to draw their attention.

Counter affidavits are filed and Mr. Sumeet Kumar Singh, learned counsel appearing for the petitioner invites the attention of this Court to an order passed by a Co-ordinate Bench on a similar matter arising from C.W.J.C. No. 16627 of 2011 (Pratijnya and another vs. The Union of India and others), a copy of which is enclosed with Annexure-R5-F of the counter affidavit filed on behalf of the Bihar State Pollution Control Board, Patna and its authorities. He submits that the stand of the Principal Additional Advocate General, who presently is the Advocate General of the State is taken note of by the Bench and where after directions were issued for removal of the encroachments; establishment of solid waste treatment plant as well as for construction of the Dam to store water before the monsoon arrives.

Patna High Court CWJC No.19592 of 2018(4) dt.06-02-2019 3/5 It is submitted that this order was passed on 18.03.2015 and a period of four years is going to lapse when nothing has changed. Learned counsel next invites the attention of this Court to the direction issued by the Pollution Control Board at Annexure-R5-B dated 27.04.2017 to submit that in exercise of power vested in the Board under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 as well as for restoration of river Ganga that directions were issued which are present at paragraph-14 of the letter.

It is stated that a second letter was issued by the Board enclosed at Annexure-R5-C on 14.03.2018 to the Municipal Commissioner, Gaya Municipal Corporation reminding him of the obligation but no steps have been taken. He submits that since it is in these circumstances that the writ petition is filed and though counter affidavits have been filed on behalf of the Corporation and the Pollution Control Board but save and except that the Board has simply continued to issue directions without any follow up action, no effective steps has been taken by the State in its Urban Development and Housing Department nor the Municipal Corporation, Gaya has taken steps either on the directions of this Court earlier passed and/or the direction issued by the Board.

Patna High Court CWJC No.19592 of 2018(4) dt.06-02-2019 4/5 Mr. Shivendra Kishore, learned senior counsel appearing for the Board, while endorsing the argument advanced by Mr. Singh, has submitted that repeated reminders have been issued to the Municipal Corporation, Gaya to ensure compliance as well as to submit report but which is yet awaited.

Mr. Deepak Jamuar, learned A.C. to AAG-4 appears for the State, while Mr. R.K. Priyadarshi, learned counsel appears for the Gaya Municipal Corporation but neither is able to give an answer for the failure of the Department of Urban Development and Housing as well as the Gaya Municipal Corporation in abiding by the earlier directions of this Court passed in C.W.J.C. No. 16627 of 2011 or the directions issued by the Bihar State Pollution Control Board vide Annexure-R5- B, R5-C and R5-E, which has been issued following the writ petition in question. A peculiar stand is taken by the Municipal Corporation on its limited resources to deal with the issue raised but having said so, paragraphs 8 and 9 of the counter affidavit talks about the proposed action plan but which has no specific date and that a period of more than almost four years has lapsed since the issue was last raised and disposed of by this Court on 18.03.2015, we would not allow the Corporation to stay inert. That the Principal Additional Advocate General has given Patna High Court CWJC No.19592 of 2018(4) dt.06-02-2019 5/5 assurance before this Court on a similar issue last raised by Pratijnya (supra) regarding construction of Dam, removal of encroachment and construction of solid waste treatment plant it is for the State to ensure compliance of same and neither of them would be permitted to shoulder of the responsibility.

We would, thus, direct the Principal Secretary, Urban Development Department as well as the Municipal Commissioner, Gaya Municipal Corporation to file a joint affidavit placing on record the action plan to resolve the issue raised by the petitioner as well as the time within which the same is to be executed.

For the purpose, list this matter on 25 th February, 2019 under the same heading. It is made clear that should the two authorities fail to give their affidavit within the date so fixed, they should be present in Court at 10.30 A.M. for answer.

(Jyoti Saran, J) ( Arvind Srivastava, J) Nasimul/-

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