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THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 21 in The Water (Prevention and Control of Pollution) Act, 1974
Section 31 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Patna High Court - Orders
Ajit Kumar Singh vs The Secretary Bihar State ... on 16 February, 2016
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.10326 of 2013
                 ======================================================
                 Ajit Kumar Singh Son Of Sri Mangla Nand Singh Resident Of Village -
                 A.K. Rice Mill, Village - Nona, P.O. + P.S. + District - Nalanda

                                                                 .... .... Petitioner/s
                                               Versus
                 The Secretary Bihar State Pollution Control Board, Beltron Bhawan,
                 Shastri Nagar, Patna

                                                                   .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   : Mr. Sri Kamala Prasad Roy
                                          Mr. Satya Ranjan Sinha
                                          Smt. Seema Kumari
                 For respondent (Board)   Sri Shivendra Kishore, Sr. Advocate
                                          Smt. Binita Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
                 MANDAL
                 ORAL ORDER

2 16-02-2016 Heard Mr. Roy for the petitioner and Mr. Shivendra Kishore for the respondent-Bihar State Pollution Control Board (for short 'the Board').

What has been challenged in this writ application is the order passed by the respondent-Board under section 21 of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. The order is appealable under section 31 of the Air (Prevention and Control of Pollution) Act, 1981. The two orders passed by a learned Single Judge have been produced by Mr. Kishore in order to support his contention. As the petitioner had efficacious remedy, this Court in those orders relegated the petitioner to the appellate/appropriate Patna High Court CWJC No.10326 of 2013 (2) dt.16-02-2016 2/2 forum for redressal of grievance.

In my considered view also, the application merits to be disposed of permitting the petitioner to assail the order (Annexure-

3) before the appropriate forum/appellate authority in accordance with law. If any such application is preferred within 04 weeks, the appellate forum/authority shall consider and dispose of the same on its own merit in accordance with law as quickly as possible.

Mr. Roy states that other related grievance(s) shall also be placed for consideration before the appropriate forum/authority.

(Kishore Kumar Mandal, J) HR/-

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