Patna High Court
Vikas Prasad Singh vs The State Of Bihar on 21 June, 2024
Author: Harish Kumar
Bench: Chief Justice, Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15161 of 2023
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Vikas Prasad Singh, Son of Upendra Sharma, Resident of Shiv Nagar, P.O.-
Pakharpur, P.S. Karpi, District- Arwal. At Present Resident of Ara Garden
Road, Jagdeo path, Mangalam Bihar Colony, Rukanpura, P.S. Digha, District-
Patna, Coordinator of Sri A.K.S. Menorial Charitable Trust, registered Office
at C/11, Amar Colony, Lajpath Nagar, New Delhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The District Magistrate, Arwal
3. The Deputy Development Commissioner, Arwal.
4. The Sub-Divisional Officer, Arwal
5. The Block Development Officer, Karpi Block, District- Arwal.
6. The Circle Officer, Arwal
7. The Mukhiya, Gram Panchayat Raj, Aiyara, District- Arwal.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. P.K. Shahi, AG
Mr. Vikas Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HARISH KUMAR)
Date : 21-06-2024
This Public Interest Litigation is listed as defective.
There is none to represent the petitioner.
2. Earlier, vide order dated 03.11.2023, two weeks
time was allowed to cure the defect(s), but the same has not
been done till date.
3. Learned Counsel for the State is present.
4. From the averments made in the writ petition, it
Patna High Court CWJC No.15161 of 2023 dt.21-06-2024
appears that the present writ petition by way of Public Interest
Litigation has been filed seeking direction to the respondent
authorities to shift the place of construction of Solid and Liquid
Waste Processing Unit selected under the village Aiyara over
Khata No.448, Plot No. 627, which is just adjacent to the
Government Middle School as well as Jawahar Navodaya
Vidyalaya and if the same is not done, it would adversely cause
various health issues to the public at large, especially students of
the nearby schools.
5. The writ petition averred that the Government
has taken a decision for construction of Solid and Liquid Waste
Management Unit after selecting the Plot No. 627 under Khata
No. 448 recorded as Gair Mazarua Aam, which is situated
adjacent to the school, apart from temples and other structures.
The apprehension of the petitioner is that once the construction
of Solid and Liquid Waste Processing Unit is done, it would
result in storage of maximum volume of Solid and Liquid Waste
causing smell and various kind of infection. Despite
representation filed by the local people as well as the
Headmaster of the school, the copy of which has also been
forwarded to the District Magistrate, no action has been taken. It
is also averred in the writ the petition that though the Circle
Amin has demarcated the plot, in question, it is recorded that
Patna High Court CWJC No.15161 of 2023 dt.21-06-2024
there has been a protest against the construction of Waste
Processing Unit on the place earmarked.
6. The materials available on record only suggests
that the land has been demarcated and the 'No Objection
Certificate' is to be issued at the level of the Circle Officer.
Suffice it to say that the construction of Waste Processing Unit
is to be done in terms of the guidelines of Lohia Swachh Bihar
Abhiyan. The writ petition also suggests that the petitioner has
already brought all the facts before the concerned authority, who
is having exclusive domain to look into the matter before the
issuance of 'No Objection Certificate' and the construction of
Waste processing Unit.
7. In view of the aforenoted facts, prima facie, we
find no reason to invoke extraordinary jurisdiction to interfere
with the establishment of Waste Processing Unit at this stage.
8. The writ petition stands dismissed.
(K. Vinod Chandran, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.06.2024
Transmission Date NA
