Kamla Devi v. State Of Bihar Through The Chief Secretary, Govt. Of Bihar
2013-09-30
NAVIN SINHA, VIKASH JAIN
body2013
DigiLaw.ai
ORDER NAVIN SINHA, J. In both the writ applications, it was the Road Construction Department running Hot Mix Plants in a residential area. The Pollution Control Board having the statutory duty to enforce Air Pollution Laws, despite repeated complaints failed to act. After the writ applications were filed, both the Road Construction Department and The Pollution Control Board finding no other option have reluctantly closed the polluting Units. Affidavit to that effect has also been filed by them respectively in C.W.J.C. No. 13429 of 2013. 2. It is indeed unfortunate that the Law was flouted with impunity over the years not by an individual but by the Road Construction Department of the State Government abetted by the Pollution Control Board. 3. We had called for the original records both from the Road Construction Department and the Pollution Control Board. The records reveal a very disturbing state of affairs and conduct both by the Road Construction Department and the Pollution Control Board. 4. But, now that better sense has dawned and the polluting Units are stated to have been closed down, we refrain from passing a reasoned order which we had earlier decided to do. 5. Before parting with the case, we express our shock and dismay with regard to the conduct of the Road Construction Department and the Pollution Control Board. If such matters of the State authorities and the Pollution Control Board teaming up together for violating the Law are brought to our notice again, we shall not be as magnanimous as we have been on the present occasion. 6. The original records be returned to the parties. A copy of this order be sent to the Chief Secretary, State of Bihar. 7. No order need be passed on I.A. No.4778/13. 8. Both the writ applications stand disposed.