IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18942 of 2015
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                 Samir Kumar
                                                                       .... .... Petitioner/s
                                                    Versus
                 The State of Bihar & Ors
                                                                      .... .... Respondent/s
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                 Appearance :
                 For the Petitioner/s     :   Mr. Mrigank Mauli, Adv.
                                              Mr. Sanket, Adv.
                                              Mr. Prince Kumar Mishra, Adv.
                 For the State              : Mr. P.K. Verma, AAG5
                 For BPCB                   : Mr. Shivendra Kishore, Sr.Adv.
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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 05-02-2016 Heard Mr. Mrigank Mauli, learned counsel for the petitioner, Mr. P.K.Verma, learned AAG5 and Mr. Shivendra Kishore, learned Senior counsel for the respondent Pollution Board.

By an order dated 18.1.2016 passed by this Court certain specific direction had been issued to the respondents, which were considered essential, so as to keep in control the menace of noise pollution, within the municipal areas of the State of Bihar, being caused by the Loudspeakers, Vehicles and Fire Crackers. The order speaks for itself. We had, inter alia, directed the Principal Secretary, Home Department, Government of Bihar, to ensure publication through the Electronic Media for the purpose of notice Patna High Court CWJC No.18942 of 2015 (8) dt.05-02-2016 2 and general awareness among the people about various directions issued by the authorities, for the purpose of controlling noise pollution. It was specifically indicated that any breach of the order of this Court by any person including those who obstruct or intend to obstruct implementation of this order or fail to carry out the order shall be viewed seriously.

Mr. Mrigank Mauli, learned counsel appearing on behalf of the petitioner, submits that the State respondents have miserably failed to comply with the order and noise pollution is being caused within the municipal areas, with impunity as a result of laches on the part of the respondents.

The submission has not been disputed by the learned counsel appearing on behalf of the respondent State of Bihar and the Bihar Pollution Control Board. There is nothing on record to show that paragraph no.18 of the order, whereby following direction was issued, has been implemented:

"18. We direct the Principal Secretary, Home Department, Government of Bihar, to ensure, publication through Print and Electronic Media in order to make people of Bihar aware about the directions issued by the authorities for controlling noise pollution throughout the State of Bihar from time to time and a composite guidelines be issued, in this regard, to be followed throughout the State."

Patna High Court CWJC No.18942 of 2015 (8) dt.05-02-2016 3

Mr. Shivendra Kishore, Learned Senior counsel appearing on behalf of the Bihar Pollution Control Board, has informed us that so far no prosecution has been initiated against any person causing noise pollution in violation of the provisions of the Air (Prevention and Control of Pollution) Act. 1981. It may be noted here that failure to initiate prosecution for violation of the provisions of the Act and the directions issued by this Court may also lead to prosecution of the persons responsible, in accordance with law.

Mr. Shivendra Kihsore has further submitted that there are certain practical aspects and reasons because of which the officials of the Board have so far not been able to prosecute the persons, violating the provisions of the Act and this order. He will be at liberty to file an affidavit enumerating the reasons, which have so far disabled them from implementing the Court's order or initiating prosecution against the erring persons.

Mr. P.K.Verma, learned Addl. Advocate General, appearing on behalf of the State of Bihar, while admitting the fact that the order of this Court has so far not been implemented, would submit that sincere effort is being taken by the State officials to ensure control of noise pollution. He has drawn our attention to the counter affidavit filed on behalf of respondents no. Patna High Court CWJC No.18942 of 2015 (8) dt.05-02-2016 4

1 and 3.

We have perused the said counter affidavit carefully. The contents of the affidavit are not at all satisfactory. What we gather from the affidavits on record and the submissions made on behalf of the parties that this Court's order dated 18.1.2016 has been followed more in breach than in compliance. We take serious note of such situation. We, accordingly, direct the Principal Secretary, Home Department, Government of Bihar, to file an affidavit within ten days from today stating the steps taken for strict compliance of this Court's order dated 18.1.2016, including the action taken against the violators of law and the order of this Court.

Place this matter under the same heading on 18th February, 2016.

(I.A.Ansari,ACJ) Surendra/-

(Chakradhari Sharan Singh, J) U