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Cites 3 docs
Section 31 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 133 in The Code Of Criminal Procedure, 1973
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Patna High Court - Orders
Salimullah vs The State Of Bihar & Ors on 24 September, 2018
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Civil Writ Jurisdiction Case No.9410 of 2017
               ==========================================
               Salimullah
                                                                  ... ... Petitioner/s
                                               Versus
               The State Of Bihar & Ors
                                                               ... ... Respondent/s
               ==========================================
                                                with
                       Civil Writ Jurisdiction Case No. 15858 of 2017
               ==========================================
               Saroj Kumar
                                                                  ... ... Petitioner/s
                                               Versus
               The State Of Bihar & Ors
                                                               ... ... Respondent/s
               ==========================================
               Appearance :
               (In Civil Writ Jurisdiction Case No. 9410 of 2017)
               For the Petitioner/s        :      Ms. Manisha Pandey, Adv
               For the PMC                  :    Mr. Prasoon Sinha, Adv
               For Res. No. 8               :    Mr. Yugal Kishor, Sr. Adv
                                                  Mr. Sanjay Kumar, Adv
               For the State               :      Mr. Sarvesh Kumar Singh,AAG-13
               (In Civil Writ Jurisdiction Case No. 15858 of 2017)
               For the Petitioner/s        :      Ms. Manisha Pandey, Adv
               For the PMC                  :    Mr. Prasoon Sinha, Adv
               For Res. No. 8               :    Mr. Yugal Kishor, Sr. Adv
                                                  Mr. Sanjay Kumar, Adv
               For the State               :      Mr. Sarvesh Kumar Singh,AAG-13
               ==========================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                                            And
                            HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                        ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE) 15 24-09-2018 1. Considering the supplementary counter affidavit filed on behalf of the Patna Municipal Corporation, it appears that the notices have been issued by the Patna High Court CWJC No.9410 of 2017(15) dt.24-09-2018 2/3 Corporation calling upon the concerned factories/steel factories to close the manufacturing units of steel almirah etc as it has been found that the area in question is classified as residential zone and manufacturing of almirah is not permissible in the residential area/zone. It has been stated that notices have been issued to altogether 34 firms/industries situated in the area in question.

1.1. It also appears from the material on record that even the Sub Divisional Magistrate has also initiated a proceeding under Section 133 of the Cr.P.C over the same which seems to be still pending and no further steps are taken/no final order is passed. 1.2 It also appears that so far as some of the factories/manufacturing units are concerned, even the closure orders have been issued under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981.

2. In view of the above, let the respective parties including the State Pollution Control Board, Patna Patna High Court CWJC No.9410 of 2017(15) dt.24-09-2018 3/3 Municipal Corporation as well as the Sub-Divisional Magistrate place on record the latest and update status report with respect to the manufacturing units in question.

3. Put up this matter on 8th of October, 2018.

(Mukesh R. Shah, CJ) ( Ashutosh Kumar, J) Shageer/-

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