Disposed

Ramji Prasad Singh v. The State Of Bihar and Ors.

Patna HC10 Apr 2014CWJC/2599/2014

Case brief

AI extract

What is this about?

This PIL addressed unauthorized running of brick kilns without environmental clearance. The Court directed immediate closure of kilns with expired Pollution Control Board consent and held that licensing authorities bear primary responsibility to prevent such operations.

What did the court decide?

Directed immediate closure of brick kilns with expired consent to operate and imposition of consequences for disobedience.

Ramji Prasad Singh Vs The State Of Bihar and Ors. — Environment and Pollution | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2599 of 2014

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====================================================== Ramji Prasad Singh, S/o Late Inder Singh at Present Elected Member Of Primary Agriculture Credit Society ( PACS) Gyaspur, Resident Of VillageGyaspur,P.O- Rasulpur,P.S- Amnour, District- Saran ( Bihar)

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.... .... Petitioner

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Versus 1. The State Of Bihar through the District Magistrate, Saran at Chapra. 2. The Director Agriculture, Bihar Patna. 3. The District Agriculture Officer, Saran at Chapra, District- Saran (Bihar) 4. The District Mines Officer, Saran at Chapra, District- Saran (Bihar) 5. The Sub Divisional Officer, Chapra Sadar, Chapra, District- Saran (Bihar) 6. The Deputy Collector Land Reforms, Chapra, Sadar, Chapra, DistrictSaran (Bihar) 7. The Circle Officer, Amnour, District- Saran (Bihar) .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Manoj Kumar For the State : Mr. SC-15, Ajeet Pratap Singh & Mr. S.K. Ranjan, AC to SC-15 For the Respondents : Mr. D.K. Sinha, Sr. Counsel Mines & Mr. Rajendra Prasad, Spl. P.P. Mines For the Pollution Board : Mr. Shivendra Kishore, Sr. Adv. & Mrs. Binita Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 6 10-04-2014 We have heard learned counsel for the petitioner, State, the Mines Department and the Pollution Control Board.

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Patna High Court CWJC No.2599 of 2014 (6) dt.10-04-2014

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In this Public Interest Litigation the allegation was for running of four brick kilns in Mouza- Gyaspur, DistrictSaran, without proper authorization in the law.

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The counter affidavit of the Pollution Control Board states that the M/S Bharat Int Udoyog situated at Khata No. 42, 210, Khesra No. 189, 190 and 191 was given consent to operate which has expired on 31.03.2013. The brick kilns were found closed during inspection on 20.03.2014. M/s Ma Kalratri Int Udoyog situated at Khata No. 158, Khesra No. 304 was granted consent to operate valid till 31.03.2015. It was found operational during inspection. Likewise M/S National Bricks Field Sona situated at Khata No. 147, Khesra No. 85 holds valid consent to operate till 30.06.2015. M/S Shiv Shakti Int Udyog situated at Khata No. 38, Khesra No. 03 holds valid consent to operate till 30.6.2014.

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Any brick kiln, whether mentioned in this order or not, whose consent to operate granted by the Pollution Control Board has expired, has to be closed down immediately. We direct that this order shall be enforced by the District Magistrate and the Superintendent of Police and the S.H.O. concerned. Any disobedience in compliance shall invite necessary consequences.

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The Bihar Bricks Control Order, 1983 provides for licensing of manufacturers under Section 3. The licensing authority is the District Magistrate or any other official

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Patna High Court CWJC No.2599 of 2014 (6) dt.10-04-2014

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authorized by the State Government within the limits of whose jurisdiction the manufacturer is located. The license is to be applied in the prescribed Form- A under Section- 4 but subject to the instructions issued by the State Government, especially with regard to site not being detrimental to health of general public, gardens, agricultural lands, forest etc in proximity thereto. This obviously has reference to the pollution laws and the existence of license to operate under it.

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We have come across more than one Public Interest Litigation with allegations for operation of brick kilns in violation of pollution and other laws. On occasions the Mines Department contended that they have taken steps for recovery of royalty, and institution of certificate proceedings etc.

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We consider it necessary to direct that no brick kilns can be allowed to operate without a valid consent to operate from the Pollution Control Board. Unless the consent to operate has been obtained from the Board, no license can be granted by the licensing authority under the Brick Kilns Order. The question of the Mines Department collecting royalty from any such illegal brick kilns does not arise. If brick kilns continue to operate without a valid consent order, the primary responsibility will fall on the licensing authority who has the first responsibility to ensure that no unauthorized brick kilns operate in his jurisdiction.

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If a brick kiln is permitted to operate contrary to

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Patna High Court CWJC No.2599 of 2014 (6) dt.10-04-2014

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the law and the matter surfaces only when it is brought to Court, the provisions of Clause-6 of the Control Order may not necessarily remain restricted to the operator alone but also take within its ambit the licensing authority as an abettor also. This Public Interest Litigation stands disposed.

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(Navin Sinha, J)

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(Vikash Jain, J)

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P.K./-

Ramji Prasad Singh v. The State Of Bihar and Ors.

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Ramji Prasad Singh v. The State Of Bihar and Ors.

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