Patna High Court
Pramod Sharma vs Bihar State Pollution Control Board on 8 April, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17517 of 2024
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Pramod Sharma Son of Sankar Sharma, Resident of At- House No. OB/18,
Road No. 0, Indrapuri, Keshari Nagar, P.O. - Keshari Nagar, District, Patna-
800024.
... ... Petitioner/s
Versus
1. Bihar State Pollution Control Board Parivesh Bhawan, N.S.B- II Patliputra
Industrial Estate, P.O. Sadaquat Ashram, Pin Code- 800010, through its
Member Secretary.
2. The Chairman Bihar State Pollution Control Board, Parivesh Bhawan,
N.S.B- II, Patliputra Industrial Estate, P.O. Sadaquat Ashram, Pin Code
-800010.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Akrity Aishwarya, Advocate
Mr. Anjani Kumar, Advocate
For the Respondent/s : Mr. Abhimanyu Singh, Advocate
For the BSPCB : Mr. Shivendra Kishore, Sr. Advocate
Mr. A. Prakash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 08-04-2025
A supplementary counter affidavit has been filed
on behalf of the Respondent No. 1 which is kept on record.
2. Heard learned counsel for the petitioner and
learned counsel appearing on behalf of the Bihar State Pollution
Control Board.
3. The present writ petition has been filed for the
following reliefs:-
i. To issue a writ of
certiorari for setting aside the order dated
31.07.2024
, as contained in Memo No.
1758, issued by the Chairman, Bihar State
Pollution Control Board, whereby and
whereunder in exercise of powers under
Patna High Court CWJC No.17517 of 2024 dt.08-04-2025
Section 31A of the Air (Prevention and
Control of Pollution) Act, 1981, the
Chairman has directed Closure of the
machine of the petitioner.
ii. To pass interim order
staying the operation of the order dated
31.07.2024 until final disposal of the instant
appeal.
iii. To hold that the
petitioner is not required to obtain Consent
from the Bihar State Pollution Control
Board under the Air (Prevention and
Control of Pollution) Act, 1981 for
operating its machine which is installed in a
room in the house of the petitioner, and
iv. To issue/ pass any other
Order/Direction that the Learned Court may
deems fit and proper in the interest of
justice and equity.
4. Learned counsel for the petitioner submits that
a complaint was filed before the Bihar State Pollution Control
Board alleging that due to operation of the machine of the
petitioner, air and noise pollution is caused and vibration is felt
in the complainant's house. He further submits that the Board
has carried out inspection on 06.02.2024 in absence of the
petitioner. Even the copy of the inspection report was not
supplied to him. Although the petitioner has filed his reply dated
12.02.2024 stating therein that the machine of the petitioner is
not polluting which was also stated by the inspecting officers
and the complaint has been filed by the complainant for some
previous land dispute.
5. Pursuant to the direction of this Court dated
Patna High Court CWJC No.17517 of 2024 dt.08-04-2025
18.03.2025, the Board has carried out fresh inspection in
presence of the petitioner and the inspection report dated
03.04.2025 is reproduced hereinbelow:-
INSPECTION REPORT
1. Date of Inspection 03.04.2025
2. Name of the Rajeev Kumar, ASO.
inspecting
officials
3. Name of the unit M/s Sumit, House No.-0.B/16, Road
with complete no.-0, Indrapuri, Patna.(25.628426,
postal address 85.099519)
4. Name of Owner Sri Pramod Sharma, (Owner) (Mob. -
9835265008)
5. Name of the Sri Pramod Sharma, (Owner) (Mob. -
contact person 9835265008)
and disgnation
6. Reason of As per the letter no.-265, dt.-
Inspection 24.03.2025
7. Operational Status Not in operation, for monitoring
purpose plant was started
8. Product Nylon Sleeves for fixing of screw
9. Raw Material Virgin Plastic granules
10. Observation 1. Nylon Sleeves molding equipment
installed in 10 X 11 square feet room
at ground floor in three storied own
building along approached road.
2. As per IS 5182 (Part- 14): 2000),
for ambient air quality monitoring all
sides of the monitoring location
should be open to achieve free
flowing of air.
3. Ambient Noise level monitoring
was carried out at West side of room
only & other sides are not accessible,
Report is hereunder;
Location Machine Sound
Patna High Court CWJC No.17517 of 2024 dt.08-04-2025
Operational Level
Status dB(A)
West During non- 52.8
sidse of operational
the Unit During 54.2
operational
11. Recommendation For information and necessary action
please.
6. From bare perusal of the aforesaid report it
transpires that the noise level was observed in a prescribed limit
and apart from that the Board has categorically stated in the
counter affidavit that the petitioner falls under the green
category but from perusal of the impugned order which was
passed by the Chairman of Board, it transpire that the Chairman
has not taken cognizance with respect to fact that whether the
petitioner falls under green category, white category or
whatsoever.
7. Having heard learned counsel for the parties
and perused the materials available on record, it transpires that
the Chairman has passed the order contrary to the report and
apart from that the Chairman has not mentioned anywhere that
whether the petitioner falls under the green category or white
category, whereas the petitioner states that he falls under the
white category.
8. In view of the aforesaid, the order dated
Patna High Court CWJC No.17517 of 2024 dt.08-04-2025
31.07.2024 issued by the Chairman, Bihar State Pollution
Control Board is hereby set aside and the writ petition stands
allowed.
(Rajesh Kumar Verma, J)
Vanisha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.04.2025
Transmission Date NA
