Patna High CourtCWJC/9586/2017dismissed

Pramod Kumar And ORS v. The State Of Bihar And ORS

2017-08-09The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9586 of 2017 ===========================================================

1. Pramod Kumar, Son of Late Hari Prasad

2. Bishambher Prasad, Son of basudeo Mahto.

3. Ajit Kumar, Son of Yadunandan Singh.

4. Satyendra Prasad Son of Late Ram Prasad Mahto. All Resident of VillageAbdulhai Chak, P.S. Rahu P.O. Sonsa, District-Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Water Resources development Department, through its Principal Secretary, Bihar,Patna.

3. Jaideo Prasad, Executive Engineer, Nalanda Minor Irrigation Department, Govt. of Bihar, Patna.

4. The Commissioner Patna Division, Patna.

5. The District Migistrate, Nalanda.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. R. K. Rajan, Advocate For the Respondent/s : Mr. Anjani Kumar-AAG4 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 09-08-2017 In this petition filed in public interest, petitioner wants a command issued to the respondents restraining them from constructing an embankment on the northern side of river Panchane in Rahui Anchal of district Nalanda.

Apart from the fact that the question of construction of embankment on a river is a policy matter, to be considered and decided by the experts based on the expert opinion and in the

Patna High Court CWJC No.9586 of 2017 dt.09-08-2017 2/2 absence of any statutory rule or regulation shown to be violated, in such matters, we see no reason to make indulgence exercising extraordinary jurisdiction under Article 226 of the Constitution. However, we grant liberty to the petitioners to take up the issue with the statutory authorities of the State Government. In case the authorities find that the question of violation of environmental event involved, liberty, if any available under law, shall be available to the petitioner to approach the National Greens Tribunal for Redressal of their grievances.

With the aforesaid observations and directions, this application is disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.8.2017 Transmission Date N/A