Patna High Court
Niranjan Kumar vs The State Of Bihar on 22 November, 2024
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17412 of 2024
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1. Niranjan Kumar Son of Lalit Singh Resident of Village- Malichak, P.S.-
Warsaliganj, District- Nawada, Bihar.
2. Ram Padarath Singh Son of Mochhu Singh Resident of Village- Khanapur,
P.S.- Warsaliganj, District- Nawada, Bihar.
3. Ganesh Singh Son of Lakhan Singh Resident of Village- Mosima, P.S..
Warsaliganj, District- Nawada, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary of Industrial Department.
2. The District Magistrate, Nawada.
3. The G.M. M/s Ambuja Cement Pvt. Ltd. Industry.
4. Bihar Industrial Area Development Authority, Patna, Udyog Bhawan,
Gandhi Maidan.
5. The Executive Officer, Nagar Parishad, Warsaliganj, Nawada.
6. Bihar State Pollution Control Board, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Gaurav Kumar Verma, Advocate
For the Respondent/s : Mr.Government Pleader (5)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-11-2024
The petitioners have filed the above writ petition for
setting aside the allotment of a plot of land in favour of M/s
Ambuja Cements Private Ltd.
2. The contention raised in the writ petition is that the
establishment of a cement factory in the said land; wherein
earlier there was a Sugar Mill situated, coming within the
Patna High Court CWJC No.17412 of 2024 dt.22-11-2024
municipal area would cause serious health hazards to the people
residing in the densely populated area by reason of the
pollution.
3. We find that merely for an apprehension raised there
is nothing stated as to the allotment of land being not in
accordance with any statutory provision.
4. Learned Advocate General also submitted that the
land belonged to the Government, wherein Sugar Mills were
earlier operating, when the mills became defunct the land was
allotted to the Bihar Industrial Area Development Authority for
the purpose of allotment also in pursuance of the policy of
industrialization within the State.
5. But for vague apprehensions raised regarding
pollution and an assertion that the area is densely populated
there is nothing pointed out from any statute as to a violation
having occurred. As of now, there is only an allotment on which
there is no establishment of an industry carried out as of now.
An establishment of an industry would also require permissions
and sanctions from the statutory authority which would also
take care of the apprehension of pollution now expressed by the
petitioners herein.
6. We also see that the respondent impleaded is the
Patna High Court CWJC No.17412 of 2024 dt.22-11-2024
General Manager of M/s Ambuja Cements Private Limited
without any proper address shown, in which the notice has to be
sent.
7. We find the petitioners to have filed the above writ
petition callously without impleading the allottee; a necessary
party, properly and raising vague allegations without any
substantiation.
8. We find absolutely no reason to entertain the writ
petition filed as a Public Interest Litigation and dismiss the
same.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
