IN THE HIGH COURT OF JUDICATURE AT PATNA
                CWJC No.3185 of 2008
 SHANKAR BARNWAL @ SHANKAR PD. BARNWAL & ORS.
                      Versus
             THE STATE OF BIHAR & ORS
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For the Petitioners      :        Mr. Arun Kumar,Adv.

For the State            :        G.P.2

For the Respondents      :         Mr. Shivendra Kishore, Adv.
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                             PRESENT

                     Hon'ble the Chief Justice
                                 &
                  Hon'ble Mr. Justice Barin Ghosh
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Dated, the 11th July, 2008.

Few residents of Village-Matia in Block-Laxmipur, District-Jamui, have approached this Court in public interest alleging construction of brick kiln chimney by respondent no.8 in the residential area. According to the petitioners, the said brick kiln chimney is hazardous and detrimental to health of general public of the village and without obtaining no objection certificate from Bihar State Pollution Control Board.

2. Bihar State Pollution Control Board (respondent no.3 to the writ petition) has filed a written response. They have placed on record, guidelines framed by them for the establishment (location) of brick kilns under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) -2- Act, 1981 and the Rules framed thereunder and the notifications issued by the Ministry of Environment and Forest. Inter alia, as regards location of brick kilns, the guidelines provide that such brick kilns shall observe a minimum distance of 200 m. from residential area having 200 permanent dwellers and more. In case of disputes, however, a certificate from the concerned Circle Officer in this regards shall be taken as final proof in respect of permanent dwellers.

3. Upon the application having been made by respondent no.8, for establishment of brick kiln at Mauza-Matia, Khata No.177, Khesra No.1913, 1914, 1915, 1933, 1917, 1904, 1842, the site was inspected under the provisions of the Act of 1974 and the Act 1981. Inter alia, the distance of the site from minor settlement (minimum 200 permanent dwellers) have been found to be 200 m., Railway line and major settlement, are quite at some distance i.e. more than 10 k.ms. away. Thus, the Bihar State Pollution Control Board found that the proposal for establishment of brick kiln by respondent no.8, met the guidelines and granted its consent to establish the said brick kiln by its order dated 25th October, 2007.

4. The counsel for the petitioners heavily relied upon a communication dated 8th August, 2007, sent by Block Development Officer, Laxmipur to the District Magistrate, Jamui, wherein it is stated that a brick kiln is being established within 100 ft. of a residential house, agricultural land and Airtel Telephone tower and that by establishment of such brick kiln, pollution problem in the area -3- may arise. The counsel submits that there is, thus, contradiction in the check-list prepared by the Bihar State Pollution Control Board and the letter dated 8th August, 2007.

5. We are afraid, the letter dated 8th August, 2007 does not lead to an inference that brick kiln is within 100 ft. of a residential area or minor settlement as contemplated by the guidelines framed by the Bihar State Pollution Control Board. For a residential area (minor settlement), the guidelines framed by the Bihar State Pollution Control Board, contemplates minimum 200 permanent dwellers. The letter dated 8th August, 2007 does not show anything otherwise. Merely because one house is situated within 100 ft. of the brick kiln established by respondent no.8, it cannot be said that it is within 200 m. of a residential colony or minor settlement.

6. We are satisfied with the consideration of the application made by respondent no.4 for grant of consent to establish by the Bihar State Pollution Control Board.

7. No interference is called for in the matter.

8. Writ petition is disposed of accordingly.

R. M. Lodha, CJ Barin Ghosh, J Pawan/-