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THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Patna High Court - Orders
Dheeraj Kumar vs The State Of Bihar & Ors on 12 April, 2018
                       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 & Ors

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :      Mrs. Shama Sinha, Advocate
                  For Pollution Control Board:   Mr. Shivendra Kishore, Sr. Advocate
                                                 Ms. Binita Singh, Advocate
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                        ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE) 16 12-04-2018 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 Patna High Court CWJC No.5409 of 2016(16) dt.12-04-2018 2/3 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 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 Patna High Court CWJC No.5409 of 2016(16) dt.12-04-2018 3/3 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 committed is constituted, we shall proceed in the matter and monitor the execution of the work after consultation with the Committee.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./-

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