IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5439 of 2016
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Shivam Kumar, S/o late Bishwanath Choudhary, Resident of Mahajan tola, Sultanganj, Po and PS Sultanganj, District Bhagalpur, Proprietor of M/s Shivam Industries, Village- Masdi, P.S. Sultanganj, District- Bhagalpur.

... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The Additional Secretary, Pollution Control Board, Beltron Bhawan, Shastri Nagar, Patna.

3. The District Magistrate, Bhagalpur.

4. The Mineral Development officer, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For Bihar State Pollution: Mr. Shivendra Kishore, Sr. Adv. Control Board : Mr. Parijat Saurav, Adv. For the Respondent/s : Mr.Ashok Kumar Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 15-04-2019 None appears on behalf of the petitioner.

2. From the order sheet, it appears that earlier on 10.04.2019 also nobody appeared on behalf of petitioner.

3. Counsel for the Bihar State Pollution Control Board and State are present.

4. They have submitted that petitioner was running a brick kiln since 2003 without obtaining environmental clearance from SEIAA and no Objection Certificate from the concerned department which is utter violation of the law. The petitioner was directed by Memo No. T-172 dated 04.01.2016 to close his brick kiln under the provision of Section 31A of the Air (Prevention and Patna High Court CWJC No.5439 of 2016 dt.15-04-2019 2/2 Control of Pollution) Act, 1981 by the Chairman of the State Board. The aforesaid Memo has been enclosed as Annexure R/2-C to the counter affidavit.

5. Learned counsel for the respondent further submits that petitioner has annexed as Annexure R/2-L, which is application dated 21.10.2016 filed before Bihar Pollution Control Board, depositing draft of Rs. 1.50/- lac as Environmental Compensation. He has not filed any other relevant document as required.

6. In such circumstances, since order has already been passed by Bihar Pollution Control Board by Memo No.- T-172 dated 04.01.2016 to close the brick kiln under the provision of Section 31 A of the Air (Prevention and Control of Pollution) Act, 1981, this court does not find merit in the writ application

7. This writ application is accordingly dismissed.

(Sanjay Priya, J) khushbu/-

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