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Jharkhand High Court · body

2018 DIGILAW 421 (JHR)

Rahul Kumar Das v. State of Jharkhand through its Chief Secretary, Government of Jharkhand, Ranchi

2018-02-19

APARESH KUMAR SINGH, RATNAKER BHENGRA

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ORDER : 1. The affidavit of the Ranchi Municipal Corporation comprising of 8 paragraphs is least to say cryptic, though the Ranchi Municipal Corporation in collaboration with the District authorities and Traffic Police, is required to ensure smooth flow of traffic within the city. This affidavit, in fact, fails to touch upon many areas which are germane to the issue of the regulation of smooth traffic within the city; for example, creation of parking zones on busy arterial roads, removal of encroachment not only from the arterial roads but from other roads which connect the arterial roads, removal of stray objects and building materials from the already congested roads of the city, etc. 2. The District authorities including the Traffic S.P. have not filed any affidavit after our previous order, nor have the Urban Development Department and Road Construction Department filed further affidavits. On the previous occasion the Principal Secretary, Urban Development Department and the Secretary, Road Construction Department had remained present to assist the Court and apprise us of the decisions taken at the broader level of policy and planning to address the larger issues of urban infrastructure, its regulation and development, both in the city of Ranchi and in smaller towns and census towns. However, despite four weeks time granted to file updates in the matter, these Departments and other respondents excluding the State Pollution Control Board, Ranchi Municipal Corporation and Ranchi Regional Development Authority, have not filed any further affidavit. 3. Learned amicus curiae has rightly pointed out that there is no let up in the road jams and hindrance to free flow of traffic within the city. We are also constrained to observe that in the matter of free flow of traffic within the city and on arterial roads and important junctions, much more is required to be done. Violators of traffic rules have to be strictly dealt with. Ranchi Municipal Corporation is also required to ensure that the Municipal Corporation Act and the Bye-laws made thereunder are followed by the residents of the city. 4. The Pollution Control Board in its affidavit filed on 7th February 2018 has given a list of places where Continuous Real time Ambient Air Quality Monitoring Stations (CAAQMS) have been installed. They are at Ranchi, Dhanbad, Sindri, Garhwa, West Singhbhum, Bokaro, Ramgarh, Jamshedpur and Jamadoba Dhanbad. They propose to set up two more at Ranchi and one at Dhanbad. 4. The Pollution Control Board in its affidavit filed on 7th February 2018 has given a list of places where Continuous Real time Ambient Air Quality Monitoring Stations (CAAQMS) have been installed. They are at Ranchi, Dhanbad, Sindri, Garhwa, West Singhbhum, Bokaro, Ramgarh, Jamshedpur and Jamadoba Dhanbad. They propose to set up two more at Ranchi and one at Dhanbad. There are 13 Ambient Air Monitoring Stations under National Air Monitoring Program (NAMP), one at Ranchi, two at Jamshedpur; one at Saraikela Kharsawan, Barajamda, West Singhbhum, five at Dhanbad, two at Hazaribag and one at Giridih. Similarly 45 stations have been established at the locations of water bodies and streams of the State under National Water Monitoring Program (NWMP) of Central Pollution Control Board enumerated at paragraph-7, such as Subarnarekha in Ranchi, Jamshedpur, Chandil Bridge, one on Koel river at Basia, Sankh at Bolba, Karo at Lohojimi, Koel at Manoharpur, Ganga at Rajmahal, North Koel at Daltonganj and Rehla, Damodar at Rajrappa; Ramgarh Road Bridge; Phusro Road Bridge; Sindri; few places at Nalkari Tributary at Patratu and Bokaro at Jarandi. Such stations are also on Subarnarekha river at Namkum Road Bridge, Muri Road Bridge and Ghatsila Road Bridge. On river Konar it has been established at Tilaiya Dam, Konar Dam, Tenughat Dam. Such stations are also established at other places including one at Deoghar; Masanjore Dam; Maithon Dam; Panchet Dam; Telmucho Bridge; etc. The Pollution Control Board has instructed to install 24x7 real time monitoring system to check emissions from the highly polluting industries of 17 categories for monitoring of emissions from the stacks and effluent discharged from these industries. The adoption of zero liquid discharge and water conservation has been made mandatory for water polluting industries. It has also provided for strict compliance of conditions in the consent to establish and consent to operate permission granted by the Board to such industries. 5. The present affidavit of the Pollution Control Board, however, does not reveal as to why many other district towns and other places with high population or instances of pollution have not yet been covered. We also have not been apprised as to the quality of air and water in general being observed through these stations at the places where they were installed. We also have not been apprised as to the quality of air and water in general being observed through these stations at the places where they were installed. The State Pollution Control Board has also not come out with a mechanism under which the ambient air quality and water quality status at stations already established are reported through the local newspapers in the manner the weather reports are reported daily by the newspapers. Such a mechanism would only ensure that the people at large become aware of the air and water quality and are able to exercise their rights to a clean and pure environment. 6. In the absence of latest updates on the various aspects relating to policy, planning as well as execution by the respective respondents and the State Departments, as indicated above, we can only adjourn the matter for a near future date, so that on the next date, these departments and authorities come fully prepared to apprise the Court. Failure on their part may invite stern view against the concerned department/authorities. Post the matter for 21st March 2018. 7. Let a copy of this order be handed over to the learned counsel for the State, Pollution Control Board, Ranchi Municipal Corporation and the Amicus Curiae.