Research › Search › Judgment

Patna High Court · body

2013 DIGILAW 601 (PAT)

Nilendu Kumar v. State Of Bihar

2013-05-09

NAVIN SINHA, SHIVAJI PANDEY

body2013
ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 1. We have heard Counsel for the petitioner, the Mines Department, the Bihar State Pollution Control Board and for private Respondents 6 and 7. 2. This Public Interest Litigation was filed with the grievance that private Respondents 6 & 7 had established and were running a brick kiln in Mauza – Kortali, Ward no. 37 under Mauza Patuaha, District Saharsa without valid authorization and license from the Mines Department as also lack of No, Objection Certificate from the Bihar State Pollution Control Board. 3. Separate counter affidavits have been filed on behalf of the Mines Department, Bihar State Pollution Control Board and private Respondents 6 & 7. 4. From the affidavit filed by the Mines Department it is apparent that Respondents 6 & 7 never applied for issue of a permit for brick earth to operate a brick kiln. Sasharsa PS Case No. 32 of 2012 dated 17.1.2012 has been lodged by the Mineral Development Officer against Respondents 6 & 7 for running a brick kiln without permit/license in violation of Rule 4 of the Bihar Minor Minerals Concession Rules 1972. 5. The affidavit filed by the Bihar State pollution Control Board acknowledges that the No Objection Certificate granted had lapsed on 30.6.2010. No application for renewal was made till the present Public Interest Litigation was filed on 8.8.2012.Respondents 6 & 7 then submitted an application for renewal of No Objection Certificate on 25.9.2012 which has been rejected by the board on 3.5.2013. 6. Counsel for Respondents 6 & 7 submitted that he has been paying revenue to the Mines Department for running brick kiln and had deposited the requisite fee for issuance of fresh No Objection Certificate in September 2012. 7. In view of the fact that Respondents 6 & 7 are stated never to have obtained a license under the Bihar Minor Minerals Concession Rules, No Objection Certificate granted by the Pollution Control Board has expired on 30.6.2012, the mere payment of revenue will not amount to condoning/waiving or a passive grant of license under the Rules either of the Mines Department of the Pollution Control Board. 8. 8. We direct the District Magistrate, Saharsa, the Superintendent of Police, Saharsa and the Officer Incharge of the Police Station where the brick kiln is stated to be situated to ensure that Respondents 6 & 7 are not permitted to operate the brick kiln except in accordance with law which includes grant of a permit/license by the statutory authority and fulfillment of other necessary laws regulating the same including No Objection Certificate from the Pollution Control Board. The Officers concerned named by us shall remain individually and collectively answerable to the Court should there be allegation that the orders of the Court have been flouted.