Patna High Court
Sanjeev Kumar Singh vs The State Of Bihar on 10 January, 2025
Author: Partha Sarthy
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11754 of 2024
======================================================
Sanjeev Kumar Singh S/o Sri Jai Mangal Singh Resident of Village-Manpur,
P.O.Katsa, P.S- Bheldi, District- Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar, Patna
2. The Principal Secretary, Department of Home Bihar, Patna
3. The District Collector Saran at Chapra
4. The Circle Officer Amonour, District- Saran
5. The Chairman, Bihar State Pollution Control Board Regional Office
Parivesh Bhawan, Patliputra Industrial Area, Patna-10, P.S. Patliputra,
District- Patna
6. The Executive Officer, Chapra Municipal Corporation, P.S.- Town Thana,
District -Saran at Chapra
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Government Pleader 18
Mr. Indu Bhushan, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 10-01-2025
Heard learned counsel for the respondents.
2. The petitioner has filed the instant application in the
nature of a Public Interest Litigation praying for a direction to
respondent nos. 3 to 6 not to dump the city waste of Chapra
town on the land appertaining to Thana no. 269, Khata no.2,
Khesra no. 7 measuring an area of about 5 acres as it creates
disturbance to the local people of the nearby villages.
3. The case of the petitioner as borne out from the
Patna High Court CWJC No.11754 of 2024 dt.10-01-2025
contents of the writ petition is that the Chapra Municipal
Corporation is dumping city waste on the land described above
without proper protection resulting in emission of dirty smell
which creates disturbance to the local residents of villages
Manpur, Ramchak, Katsa and other villages. The petitioner is a
resident of village Ramchak. Inspite of local residents having
filed representation before the District Collector, no action has
been taken and the solid waste is being dumped close to the
nearby river. It is bound to create further problems in the rainy
season. The land in question, which is an open land was being
used by the local people as pasture and by the young boys and
girls as a playground. No steps having been taken by the
authorities, the instant application has been filed.
4. Learned counsel appearing for the respondents in
reference to the counter affidavit filed on behalf of the Nagar
Nigam, Chapra and to the various orders passed by the National
Green Tribunal ('NGT' in short) submits that the District
Magistrate, Saran was requested to make available suitable land
for solid waste management. Accordingly, the Government land
measuring an area of 10 acres was identified. An advertisement
was published pursuant to which five agencies submitted their
tenders and ultimately the work was allotted to the successful
Patna High Court CWJC No.11754 of 2024 dt.10-01-2025
bidder namely M/s Sure Trade Research Private Limited. It is
stated that an agreement has been entered into between the
Nagar Nigam, Chapra and M/s Sure Trade Research Private
Limited on 13.3.2024 and work of solid waste management is
being carried out taking all precautions including sprinkling of
bleaching powder etc after having obtained the No Objection
Certificate from the Bihar State Pollution Control Board.
5. Learned counsel for the respondents further
produces before the Court a copy of the order dated 27.11.2024
passed in O.A no. 1315 of 2024 by the National Green Tribunal,
Principal Bench at New Delhi. On perusal of the said order, it
transpires that on a letter petition having been sent by one
Ramesh Prasad Singh of the above mentioned village Ramchak,
the N.G.T has taken up the matter, constituted a Joint
Committee comprising of the District Magistrate, Saran as its
Nodal Authority as also the Bihar State Pollution Control Board
and the Central Pollution Control Board and has asked for a
factual report in the matter.
6. Having heard learned counsel for the respondents
and having perused the material on record and specially in view
of the matter in issue having already been taken up by the
Principal Bench of the National Green Tribunal at New Delhi,
Patna High Court CWJC No.11754 of 2024 dt.10-01-2025
the Court is not inclined to proceed in the matter. The Court not
having any doubt that the matter in the N.G.T would be taken to
its logical conclusion, the instant application is disposed of.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
Shiv/-
AFR/NAFR
CAV DATE
Uploading Date 10.01.2025
Transmission Date
