In The Matter Of News Report Published In The Hindustan Hindi Dainik ANR Hindustan Times Both Pat v. The Government Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19471 of 2015 ====================================================== In The Matter Of News Report Published In The Hindustan Hindi Dainik Anr Hindustan Times Both pat ... ... Petitioner/s

Versus

1.

The Government Of Bihar 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Department of Health , Govt. of Bihar. 4.

The Chairman ,Pollution control Board,Patna.

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

:

Mr. Mrigank Mauli, Amicus Curiae Mr. Prince Kumar Mishra, Advocate Mr. Sanket, Advocate Mr. S.N. Pathak, Advocate For B.P.C.B. Mr. Shivendra Kishore, Sr. Advocate Ms. Binita Singh, Advocate For the State Mr. Lalit Kishore, A.G. Mr. Anjani Kumar, AAG-4 For P.M.C.

Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-11-2020 On the basis of newspaper report published in the Hindustan Hindi Dainik and Hindustan Times, Patna edition, dated 15th of December, 2015, this Court had taken suo motu cognizance and directed registration of this petition.

Patna High Court CWJC No.19471 of 2015 dt.23-11-2020 2/3 The issue pertains to Air Pollution within Patna town. As per the news report, the air in Patna is dangerous and as such injurious to health. In fact, it is poisonous. We have seen that with the passage of time, certain remedial measures stand taken by the appropriate authorities and are of the considered view that the present petition has outlived its purpose.

However, Shri Mrigank Mauli, learned Amicus Curiae impresses upon the Court to continue with the present petition, considering the prevalent levels of pollutants in the air. No doubt, the issue is of vital importance, but having given our thoughtful consideration, we are of the considered view that let any public spirited person approach the authorities established under the Environment (Protection) Act, 1986 or file a fresh petition before this Court placing on record material in support. We place on record the appreciation and the assistance rendered by Shri Mrigank Mauli, learned Amicus Curiae and close the present proceedings reserving liberty to a public spirited person to do the needful in terms of the observations made hereinbefore.

The petition stands disposed of in the aforesaid terms.

Patna High Court CWJC No.19471 of 2015 dt.23-11-2020 3/3 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 01.12.2020 Transmission Date