M/S Muskaan Event Management And ... vs The Bihar State Pollution Control ...
2023 Latest Caselaw 367 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.352 of 2023
     ======================================================

M/s Muskaan Event Management and Caterers Pvt. Ltd., through its Managing Director Mr. Kamaljit Singh male aged about- 46 Years Son of Sir Harbansh Singh Resident of G.M. Road, S. P. Ghosh Lane, Patna-800004 at Present Expression Exotica, Gola Road, Patna-801503.

... ... Petitioner/s Versus

1. The Bihar State Pollution Control Board, through its Chairman.

2. The District Magistrate, Patna, Bihar.

3. The Sub Divisional Officer, Patna. Bihar.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner     :      Mr. Akash Keshav, Advocate
     For the Respondent/s   :      Mr. Abhimanyu Singh, Advocate
     For the State          :      Mr. AC to GP 14

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH)

Date : 24-01-2023

Heard Mr. Akash Keshav, learned counsel for the

petitioner; learned AC to GP 14 for the State and Mr. Abhimanyu

Singh, learned counsel for the Bihar State Pollution Control Board

(hereinafter referred to as the 'Board').

2. The petitioner has moved the Court for the following

relief:

" That this is an application praying for issuance of a writ in the nature of a writ of certiorari or any other appropriate writ, order or direction, for setting aside the order issued under Section 31 A of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as the Air Act) and Section Patna High Court CWJC No.352 of 2023 dt.24-01-2023

33A of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Water Act) vide letter bearing Ref number 3013 dated 16.09.2022 issued by the Chairman, Bihar State Pollution Control Board, whereby the petitioner has been directed to close and stop operation of Banquet and Restaurant M/S Ghar Aangan with immediate effect. It is further prayed for issuance of a writ in the nature of a writ of Mandamus or any other appropriate writ order or direction commanding the respondent authorities in particular Respondent no. 3 i.e. the learned SDO to stop hindering the petitioner from operating his restaurant."

3. The issue involved is the sealing of the commercial

premises of the petitioner by the Board on the ground that certain

statutory norms were being violated relating to air, water and

sound pollution.

4. Learned counsel for the petitioner submitted that

suddenly he has been visited with the order of closure, despite

having booked the premises for various functions, including

marriages and now they are under pressure. However, it was

submitted that the petitioner undertakes to comply with all the

requirements for which some time be given.

5. Learned counsel for the Board submits that the

closure notice is of the month of September, 2022 and sufficient

time has passed and the petitioner has never approached the Board

with regard to any scheme showing that such issues would be

resolved. Moreover, it was submitted that prior to starting of such Patna High Court CWJC No.352 of 2023 dt.24-01-2023

venture, a consent to operate had to be obtained from the Board

which has not been done. Still, learned counsel submitted that if

the petitioner complies with all the statutory requirements, upon

the Board being satisfied of such compliance after holding a spot

inquiry/ inspection, all necessary orders shall be given to the

petitioner upon such satisfaction of the statutory requirements. The

only apprehension expressed by learned counsel was that till date

no formal application has been filed seeking such consent and,

moreover, after a lapse of more than four months, no steps have

been taken to show the bona fide of the petitioner.

6. Learned counsel for the petitioner submitted that the

requirement shall be complied with.

7. Be that as it may, the writ petition stands disposed of

with liberty to the petitioner to rectify/comply with all the statutory

requirements relating to air/water/noise pollution etc. Upon the

same being done, an application would be filed by the petitioner

before the Board for consideration of grant of consent for

operating the premises. Such would be given in writing. Within 48

hours of such written intimation being served on the Board, an

inspection would be held of the premises concerned and depending

on the result, the Board would either give consent for operation or

would point out what remaining deficiency exists, as per the Patna High Court CWJC No.352 of 2023 dt.24-01-2023

statutory standards. Needless to say, upon the petitioner ultimately

fulfilling all the statutory requirements and the same being verified

by actual site inspection by the Board, necessary

permission/consent shall be given by the Board. Thereafter, the

petitioner shall be entitled to run his business.

8. It is made clear that till the time all statutory

compliance is not made and verified by the Board, the Unit shall

not be functional, except for ensuring compliance of the statutory

requirements.

(Ahsanuddin Amanullah, J)

(Harish Kumar, J)

Ranjeet/-Anjani

AFR/NAFR U T