IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.17409 of 2016
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Nagrik Adhikar Manch through its Executive Member namely Ranjeet Pandit Son of Parsuram Pandit Resident of village - Gajipur, P.S. - Ufroul, Via - Deshri, District - Vaishali at Hajipur.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Commissioner, Magadh Pramandal.

4. The Collector, Gaya.

5. The Secretary, Bihar State Pollution Control Board, Patna.

6. The Administrator, Gaya Municipal Corporation, Gaya.

7. Sunil Kumar S/o Manik Sao R/o Murli Hill Bairagi, Ward No. 10, (near Tulsi Bhagat Mandir), P.S. Delha.

8. Raj Kumar Sao S/o Ram Ratan Sao R/o Murli Hill Bairagi, Ward No. 10, (near Tulsi Bhagat Mandir), P.S. Delha.

9. Satendra Prasad S/o Late Balchand Prasad R/o (M/s Laxmi Metal Works) Murli Hill Bhagat, Ward No. 10 (Behind of Khatangi Kothi), P.S. Delha.

10. Rajendra Prasad S/o Ram Kishun Ram R/o Murli Hill Bairagi (Janta Colony), Ward no. 10, P.S. Delha, Dist. Gaya (M/s Sanjay Aluminium Factory).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Dinu Kumar, Advocate.

Mr. Arvind Kumar Sharma, Advocate.

Ms. Kumari Neha, Advocate.

Ms. Ritika Rani, Advocate.

Mr. Vijay Kumar Vimal, Advocate.

For the State : Mr. Sarvesh Kr. Singh-AAG-13. For the PCB : Mr. Shivendra Kishore, Sr. Advocate Ms. Binita Singh, Advocate.

For the Respondents No. 7, 8 & 10 : Mr. Rajkumar Rajesh, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-09-2018 From the counter affidavit filed by the Pollution Control Board, it appears that the Pollution Control Board has identified those factories who are running illegally and without approval of the Pollution Control Board and that in some cases even the closure notices have been issued. Patna High Court CWJC No.17409 of 2016 dt.11-09-2018 2/3 However, after issuance of closure notices, it appears that no further steps have been taken to actually close down those factories which are running illegally and without obtaining any approval of the Pollution Control Board.

In the earlier round of litigation while disposing of C.W.J.C. No. 6934 of 2016 dated 25.07.2016 the Division Bench of this Court directed the District Magistrate, Gaya to ensure that the factories, in question are closed forthwith unless Bihar Pollution Control Board directs or permits for running all the factories. The Division Bench also directed the Bihar Pollution Control Board to find out any other factory in the district of Gaya, is being running without necessary approval/consent/permission of the Bihar Pollution Control Board. Despite above, the illegal factories which are being run without necessary approval/consent/permission of the Bihar Pollution Control Board. Once the closure notices are issued and thereafter as per the closure notice, if the factories are not closed in that case the State Pollution Control Board as well as the District Magistrate are required to see that all those factories being run illegally and being run without necessary approval/consent/permission of the Bihar Pollution Control Board are actually closed.

We give further two weeks time to the District Magistrate, Gaya as well as the Bihar State Pollution Patna High Court CWJC No.17409 of 2016 dt.11-09-2018 3/3 Control Board to take steps to close those factories being run illegally in the district of Gaya, which are being run without necessary approval/consent/permission of the Bihar State Pollution Control Board.

List this matter on 25th of September, 2018. It is further observed that if any of the factory is being run illegally without obtaining any approval/consent/permission of the Pollution Control Board in that case the prosecution is to be launched against such factory owners as per the provisions of the Air (Prevention and Control of Pollution) Act, 1981.

The officers of the Pollution Control Board are hereby directed to take further steps on the aforesaid as per the provisions of the Air (Prevention and Control of Pollution) Act, 1981.

                                               (Mukesh R. Shah, CJ)



                                                ( Ashutosh Kumar, J)

krishna/Shageer
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.09.2018
Transmission Date       12.09.2018