IN THE HIGH COURT OF JUDICATURE AT PATNA

                               Civil Writ Jurisdiction Case No.19471 of 2015
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                 In The Matter Of News Report Published In The Hindustan Hindi Dainik
                 Anr Hindustan Times ( Both )patna Dated 15th December 2015
                                                                       .... .... Petitioner/s
                                                   Versus
                 The Government of Bihar & Ors
                                                                      .... .... Respondent/s
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                 Appearance :
                 For the Respondents         : Mr. Anjani Kumar, AAG 6
                 For Pollution Control Board : Mr. Shivendra Kishore, Sr. Adv.
                                                 Ms. Binita Singh, Advocate
                          Mr. Mrigank Mauli, learned Counsel, as Amicus Curiae
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                 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                            and
                            HONOURABLE MR. JUSTICE CHAKRADHARI
                            SHARAN SINGH
                 ORAL ORDER

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ) 8 19-05-2016 We have heard Mr. Mrigank Mauli, learned Counsel, appearing as Amicus Curiae, and Mr. Anjani Kumar, learned Additional Advocate General No. 6, appearing for the State respondents. We have also heard Mr. Shivendra Kishore, learned Senior Counsel, appearing for the Pollution Control Board.

A counter affidavit has been filed on behalf of the State of Bihar. It is not clear from the said counter affidavit as to what concrete action has been taken for controlling air pollution and whether any penal action has been taken against any person responsible for causing air pollution.

The stand, taken on behalf of the Bihar Pollution Patna High Court CWJC No.19471 of 2015 (8) dt.19-05-2016 2/3 Control Board (hereinafter referred to as "the Board"), appears, to us, to be equally vague.

In the facts and circumstances, we direct the Board to prepare a comprehensive plan for prevention, control and abatement of air pollution and to secure execution thereof as they are statutorily obliged under Section 17 (1) of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as "the Act"). The Board shall, thereafter, make available the said plan to the State Government within a period of 15 days from today. The Board may also advise the State Government of any manner concerning the prevention, control or abatement of air pollution, as envisaged under Section 17 (1) (b) of the Act.

The Board shall, thereafter, be required to file an affidavit in this case as regards actions taken by them in discharge of the duties as cast upon them under Section 17 of the Act. Section 17 (2) of the Act enables the Board to establish or recognize laboratory/laboratories to enable it to perform its function under the provisions of the Act. The Board will be required to inform this Court whether laboratory/laboratories, as required under Section 17 (2) of the Act, have been established/recognized or not.

Upon receipt of the plan submitted by the Board, Patna High Court CWJC No.19471 of 2015 (8) dt.19-05-2016 3/3 as required under Section 17 (1) of the Act, the respondent- State of Bihar will be required to proceed and inform this Court with regard to the action taken by them, on 28.06.2016, when the case will be listed.

The Secretary of the Board will also be required to file an affidavit stating as to whether in compliance of the present order, the Board has submitted the plan to the State Government.

Place this matter, under the same heading, on 28th June, 2016.

(I.A. Ansari, ACJ.) (Chakradhari Sharan Singh, J.) Prabhakar Anand/-

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