IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.4000 of 2009

                   Satyendra Pandey S/o Late Adhya Pandey R/o Village Jokha, P.S.
                   Manpur, District--West Champaran ( Bettiah) at present-Grill Shop,
                   Road No.2 Manas Marg, West Shivpuri, Patna-33.
                                                                           .... . Petitioner.
                                                     Versus
                   1.    The State of Bihar through the Secretary Department of Forest &
                         Environment, Bihar, Patna.
                   2.    Chairman Bihar State Pollution Control Board, Beltron Bhawan,
                         2nd Floor, Lal Bahadur Shastri Nagar, Patna.
                   3.    Subodh Kumar Jha, son of Late Kishori Jha, Resident of House
                         No.35A, Road No.2 Manas Marg, West Shivpuri, P.S.-
                         Shastrinagar, Panta.
                                                                          .....Respondents.
                                                    -----------

For the petitioner : Mr. Sajal Kumar Sinha, Advocate. For respondent no.2 : Mr. Shivendra Kishore, Advocate. For respondent no.3 : Mr. Md. Faiz Ahmad, Advocate.

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03/ 16.08.2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for respondent no.2 as well as learned counsel for respondent no.3.

2. This writ petition has been filed by the petitioner challenging order dated 13.02.2009 (Annexure-5) by which the Bihar State Pollution Control Board (respondent no.2) vide power conferred under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 directed the petitioner to close his industrial/grill making shop plant with immediate effect and for other ancillary reliefs.

3. Although the petitioner has an adequate remedy of filing an appeal under Section 31 of the said Act before the appellate authority constituted by the State Government where the question of facts raised by the petitioner could have been considered in detail, but learned counsel for the petitioner insisted that this writ petition itself -2- should be considered and decided on merits.

4. Although learned counsel for the petitioner raises several points regarding non-consideration of the points raised in his show cause filed before the authority concerned, but from a bare perusal of the impugned order it is quite apparent that a notice was issued to the petitioner by the Board whereafter show cause was submitted by the petitioner on 07.11.2008 and the Board in its impugned order dated 13.02.2009 considered the same appropriately and only thereafter passed the impugned order.

5. It is quite apparent that the petitioner has got a shop of Iron Grill Work on Road No.2, Manas Marg, West Shivpuri, Patna-23 which is a thickly populated residential locality. Furthermore, it has been found by the authorities that due to the operation of the aforesaid grill works done at the petitioner's shop, cutting of iron rods, bars, pipes and sheets, wielding them and making grills thereof, Ambient Noise Level exceeds the prescribed standards laid down for the residential zone. It is also found that the said shop is in utter violation of the provisions of the Act inflicting environmental injury to people of the locality under reference.

6. In the said circumstances, this court does not find any illegality in the impugned order of the Board, nor does it find any merit in this writ petition, which is, accordingly, dismissed.

(S. N. Hussain, J.) Sunil