Sanjeev Kumar Singh v. The State Of Bihar

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

2/4 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

3/4 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,

4/4 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