Ravindra Kumar Karn v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1971 of 2017 ====================================================== Ravindra Kumar Karn Son of Late Ramsewak Lal, resident of Mohalla Jyotipuram Colony, P.S. Shastrinagar, District- Patna. ... ... Petitioner/s
Versus
1.
The Union of India through the Principal Secretary, Department of Petroleum, Government of India, New Delhi 2.
The Principal Secretary, Department of Petroleum, Government of India, New Delhi.
3.
The Chairman Pollution Control Board, New Delhi. 4.
The Secretary, Ministry of Environment and Forests, New Delhi. 5.
The State of Bihar through the Chief Secretary, Government of Bihar, Main Secretariat, Patna.
6.
The Chief Secretary, Government of Bihar Main Secretariat, Patna. 7.
The Secretary Urban Development Department, New Secretariat, Patna. 8.
The Principal Secretary, Department of Environment and Forest, Sinchai Bhawan, Patna- 15.
9.
The Principal Secretary Department of Transport Government of Bihar New Secretariat, Patna.
10.
The Principal Secretary Department of Health, Government of Bihar New Secretariat, Patna.
11.
The Principal Secretary Department of Food and Civil Supply, Patna. 12.
The Central Pollution Control Board through its Chairman. 13.
The Chairman, the Central Pollution Control Board. 14.
The Bihar State Pollution Control Board through its Chairman. 15.
The Chairman, Bihar State Pollution Control Board, Patna. 16.
The Patna Municipal Corporation, Buddha Marg, Patna through its Chief Executive Officer, Patna.
17.
The Chief Executive Officer Patna Municipal Corporation, Buddha Marg, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Mishra Ms.Sushmita Mishra For the Respondent/s :
Mr.Lalit Kishore- A.G.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT
2/4 (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-11-2020 Petitioner has prayed for following relief(s) : - "(i) For issuance an appropriate writ in the nature of mandamus commanding the respondent authorities to take appropriate steps for the preservation of the natural resources of the earth including the preservation of the quality of air and control of air pollution in the city of Patna.
(ii) For direction upon the respondent authorities to take effective steps for allowing the Restaurant business in the commercial cum residential complex situated in Patna after granting certificate of No Objection by the respondent Pollution Control Board.
(iii)For a direction upon the respondent authorities for regular and periodic checking of vehicles for non compliance of pollution norms.
(iv)For a direction upon the respondent authorities to implement the provisions as contained in the Environment Protection Act, 1986 and the Environment Protection Rules 1986 in true spirit.
(v)For a direction upon the respondent authorities to implement the provisions of the Air (Prevention and Control of Pollution) Act, 1981 in letter and spirit.
(vi)For a direction upon the respondent authorities to take action against the diesel vehicles which are not being maintained and polluting the environment especially in urban Patna.
(vii)For a direction upon the respondent authorities to stop diesel three wheelers from plying within Patna.
(viii) For a direction upon the respondent authorities to fix ambient noise standard for all vehicles.
(ix)For a direction upon the respondent authorities to direct the supply and
3/4 distribution of CNG in Patna so that the air pollution can be combated.
(x) To explore setting up of such pollution checking centers at petrol pumps and other locations.
(xi) For upon the respondent P.S. to submit the report about the patients admitted in the hospital situated at Patna because of polluted air.
(xii)For direction upon the respondent authorities to close all the shops of meat which are being sold openly, this is injurious to health because of the pollution level of Patna.
(xiii)Any other order or orders as your Lordship may deem fit and proper in the facts and circumstances of the case."
Vide order dated 13th of December, 2017 the present petition has been tagged along with C.W.J.C. No. 19471 of 2015 titled as "In the matter of News Report Published in The Hindustan Hindi Dainik And Hindustan Times (Both) Patna Dated 15th December, 2015 Vs. The Government of Bihar & Ors.", which stands disposed of vide order of the day.
As such, the present petition stands disposed of on the very same terms contained in the order passed today in C.W.J.C. No. 19471 of 2015 titled as "In the matter of News Report Published in The Hindustan Hindi Dainik And Hindustan Times (Both) Patna Dated 15th December, 2015 Vs. The Government of Bihar & Ors.
Directions issued therein shall apply mutatis
4/4 mutandi also to the instant case.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) chn/- AFR/NAFR CAV DATE Uploading Date 01.12.2020 Transmission Date