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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2643 of 2014 ====================================================== 1. Murlidhar Jha Son Of Ram Shankar Jha Resident Of Village- Ganauni, P.S.- Ghanshyampur, District- Darbhanga .... .... Petitioner/s Versus 1. The State Of Bihar, Through The Principal Secretary, Government Of Bihar, Patna 2. The Principal Secretary, Department Of Mines And Geology, Govt. Of Bihar, Patna 3. The Principal Secretary, Department Of Industries, Govt. Of Bihar, Patna 4. The Principal Secretary, Department Of Labour And Social Welfare, Govt. Of Bihar, Patna 5. The Director, Industries, Department Of Industries, Govt. Of Bihar, Patna 6. The Director, Mines, Govt. Of Bihar, Patna 7. The Deputy Director, Mines, Darbhanga Division, Darbhanga 8. The Assistant Mines Officer, District Mines Officer, Darbhanga 9. The Bihar State Pollution Control Board, Beltron Bhawan, Shashtri Nagar, Patna Through Its Member Secretary 10. The Chairman, Bihar State Pollution Control Board, Beltron Bhawan, Shastri Nagar, Patna 11. The Regional Officer, The Bihar State Pollution Control Board, Muzaffarpur Region, Muzaffarpur 12. The Principal Secretary, Department Of Environment And Forest, Govt. Of Bihar, Patna 13. The Bihar State Environment, Impact Assessment Authority, The Bihar State Pollution Control Board, Beltron Bhawan, Shashtri Nagar, Patna, Through Its Secretary 14. The Chairman, The Bihar State Environment Impact Assessment Authority, The Bihar State Pollution Control Board, Beltron Bhawan, Shashtri Nagar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar Thakur For the Respondent/s : Mr. Ga1- S.K.Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE PRABHAT KUMARJHA ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 5 24-04-2014 Counter affidavit has been filed on behalf of the Bihar State Pollution Control Board stating that 191 brick Patna High Court CWJC No.2643 of 2014 (5) dt.24-04-2014 2/2 kilns have been identified to which consent to establish has been given and only 12 of them have been given environmental clearance. Further survey is in progress. These units also require clearance under the Environment Protection Act. Show cause notice was issued to these 97 defaulting units as to why they be not directed to be closed down for violation of 'Air (Prevention and Control of Pollution) Act, 1981. None of them responded to the show cause notice within the time specified and they have been served with the final closure order dated 21.4.2014 with a copy forwarded to the District Magistrate, Darbhanga for enforcing compliance by closure.
The District Magistrate, Darbhanga, shall file his affidavit with regard to the steps taken by him pursuant to directions given by the Bihar State Pollution Control Board.
By the next date, we expect the Pollution Control Board to place on record its affidavit with regard to the remaining brick kilns identified by it.
List on the 24th of June, 2014.
(Navin Sinha, J) (Prabhat KumarJha, J) K.C.jha/-