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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5409 of 2016 ====================================================== Dheeraj Kumar ... ... Petitioner/s Versus The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Shama Sinha For the Respondent/s : Mr.Aag2-D.K. Sinha ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE) 21 18-02-2020 On 12.04.2018, this Court passed following order:-
"In this Public Interest Litigation filed, two issues have been raised, one is with regard to the drainage problem in the city of Darbhanga and the second is with regard to removal of bio waste and other medical waste which is accumulated in the city and contending that the same is not being looked into according to the statutory provision i.e. the Prevention of Pollution Control Act, the petition has been filed in public interest.
As far as addressing the problem of drainage is concerned, the Darbhanga Municipal Corporation, the Railway administration and the State Government have filed their separate affidavit and on going through the affidavits we find that each is blaming the other for the delay in completing certain works pertaining to construction of bridge, allocation of land, alignment etc. and with regard to the bio medical waste removal also the Pollution Control Board points out that they have given the recommendation and pursuant thereto tenders Patna High Court CWJC No.5409 of 2016(21) dt.18-02-2020 2/3 have been issued for allotting the work of dealing with the bio waste to a particular company.
On going through the detailed counter affidavit filed by all the three wings of the State, namely, the Railway administration, the Municipal Corporation, Darbhanga and the State, we find that it is a case where the left hand does not know what is the right hand is doing. There is no coordination between the departments and each department is working on its own as a consequence thereof the projects which are to be implemented are being delayed and the ultimate sufferer is the citizens of the town.
Taking note of the manner in which the three departments are working, it is directed that the Chief Secretary of the State of Bihar shall constitute a committee consisting of all the three departments which shall monitor the execution of the work in question and submit a report to this Court. The Chief Secretary to constitute a committee and inform this Court with regard to the committee constituted for execution of the work in question.
List the matter after two weeks to enable the Chief Secretary to constitute a committee and submit his affidavit in the matter. After the committe is constituted, we shall proceed in the matter and monitor the execution of the work after consultation with the Committee."
It is seen that on 18.07.2018 and even on earlier occasion, this Court had directed the State Government:
Municipal Corporation, Darbhanga and the authorities of Railway to file their affidavits placing on record the decision Patna High Court CWJC No.5409 of 2016(21) dt.18-02-2020 3/3 taken by the Committee. The said order has not been complied.
Needful be done within a period of 8 weeks.
List on 27.04.2020.
Learned counsel points out that on the internet the status of the petition is indicated as disposed of.
The Registrar General, is directed to ensure that necessary correction in the record maintained by the NIC be done.
(Sanjay Karol, CJ) ( S. Kumar, J) ranjan/-
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