IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20570 of 2012
                  ======================================================
                  Suresh Pd. Yadav & Ors.
                                                                       .... .... Petitioner/s
                                                    Versus
                  The State of Bihar & Ors.
                                                                      .... .... Respondent/s
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
                             and
                             HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                             MISHRA
                  ORAL ORDER

(Per: HONOURABLE MR. JUSTICE V.N. SINHA) 13 21-08-2013 Heard learned counsel for the petitioners, State of Bihar, Patna Municipal Corporation (hereinafter referred to as the PMC), Bihar State Pollution Control Board (hereinafter referred to as the Board) and the Union of India.

2. It is a Public Interest Litigation highlighting the failure of the PMC to establish incinerator plant for solid waste management over 80 acres of acquired land though garbage generated in the city of Patna is being deposited over the land causing constant public nuisance which is also likely to lead to an epidemic like situation for those who have raised their houses in the vicinity of the acquired land, are facing great difficulty as it is difficult for them to manage their affairs in the midst of garbage. Appreciating the gravity of the situation, this Court called upon the counsel for the parties to indicate as to why the incinerator plant has not been raised over the acquired land. In this Patna High Court CWJC No.20570 of 2012 (13) dt.21-08-2013 2 connection, it is pointed out by the learned counsel for the parties that land acquisition proceeding for acquisition of 80 acres of land for establishing incinerator plant for solid waste management project, destruction of garbage was completed on 29.09.2008. Possession of the acquired 80 acres of land was handed over to the PMC on 16.06.2009. Having taken possession PMC requested the Board under application dated 8.10.2009 with required fee to organize public hearing so as to enable the Board to issue necessary authorization after seeking clearance from the Ministry of Forest and Environment, Government of India. In the light of the request of the PMC, Board organized public hearing on 6.3.2011 and submitted recommendation to the Ministry of Forest and Environment, Government of India on 8.4.2011 followed by reminders dated 13.07.2011 and 28.06.2012. Till the date of filing of this Public Interest Litigation i.e. 1.11.2012 or even thereafter until today it is not known as to what happened to the recommendation made by the Board to the Ministry of Forest and Environment dated 8.4.2011 and the two reminders dated 13.07.2011 and 28.06.2012.

3. In the light of the aforesaid factual details this Court called upon the counsel for the State, AAG- III to confirm whether the land acquisition proceeding indicated the purpose of Patna High Court CWJC No.20570 of 2012 (13) dt.21-08-2013 3 the acquisition i.e. establishment of incinerator plant for solid waste management project, which fact he confirmed.

4. In the light of the fact that the land acquisition has been made to establish the incinerator plant for solid waste management project, there cannot be any going back from the position that 80 acres of land has been acquired to establish the incinerator plant. The plant can be established only after obtaining necessary clearance from the Ministry and authorization from the Board. The grant of clearance and authorization by the Ministry and the Board is a public duty which they are required to discharge within reasonable time.

5. From the facts narrated above, it is quite evident that the statutory authorities established by the State Government under Patna Municipal Corporation Act or the Union of India under Pollution Control Act have failed to discharge their legal duty within a reasonable time. In the instant case, land acquisition proceeding having been completed on 29.09.2008 it is high time that the authorities ought to have established such plant. Authorities having failed to establish incinerator plant because of inaction on their part, which is likely to cause serious situation in the city, we call upon the Chief Secretary, Government of Bihar to interact with the Urban, Revenue Secretary, Government of Bihar Patna High Court CWJC No.20570 of 2012 (13) dt.21-08-2013 4 and the Secretary, Ministry of Forest and Environment, Government of India to ensure that the necessary clearance from the Ministry of Forest and Environment, Government of India as also the Board is issued within two weeks from today.

Put up after two weeks, but it is made clear that if necessary clearance is not obtained within the time aforesaid, this Court will have no option but to stay further deposit of garbage over the lands in question.

                                                  (V.N. Sinha, J)


Rajesh/-                                (Rajendra Kumar Mishra, J)