Bharat Singh, Sanyojak, Nagrik Adhikar Manch v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16238 of 2015 ====================================================== Bharat Singh, Sanyojak, Nagrik Adhikar Manch, Bihar, son of Late Ramanand Singh, resident of Shakti Sadan, Madanji Ka Hata, Ara Town, Police Station- Ara Nawada, District- Bhojpur at Ara. ... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, P.H.E.D. Bihar, Patna.
3. The Engineer in Chief, P.H.E.D. Bihar, Patna.
4. The District Magistrate, Bhojpur at Ara.
5. The Executive Engineering, Public Health Division Ara under DistrictBhojpur.
6. The Secretary, Bihar Pollution Control Board, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Kumar Ray, Advocate Mr. Ram Chandra Singh, Advocate Mr. Mahendra Prasad Ray, Advocate For the Respondent/s :
Mr. Shivendra Kumar, Sr. Advocate Mrs. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-07-2018 Inter alia contending that the arsenic level in drinking water for the area in question is beyond the permissible limits, this petition has been filed in public interest with regard to the villages in Block Koilwar, Badahara and Shahpur, District Bhojpur. The matter is pending since 2015 and time and again, the respondents were directed to take action in the matter for bringing the existence of arsenic in the water in the areas in question within the permissible limit, a supplementary affidavit
Patna High Court CWJC No.16238 of 2015(21) dt.20-07-2018 2/3 has been filed by the Pollution Control Board on 3.11.2017 and a perusal of the same goes to show that from the areas in question, samples from 12 locations were collected and based on the report submitted, which is filed as annexure 6/1 to the supplementary affidavit, arsenic level was found beyond the permissible limit only in 1 area, and in 11 areas it was found to be within the permissible limits. Thereafter the State Government was directed to submit a report indicating what action has been taken on the basis of the report submitted by the Pollution Control Board and today a counter affidavit has been filed by respondent No. 2 and the same goes to show that the arsenic level has been brought within the permissible limits.
Apart from the 12 water samples, tested by the Pollution Control Board, the State Government itself has taken out samples from various locations in the Block and from para 13 onwards the details have been indicated. That apart, in para 14 the ongoing mitigating measures taken by the P.H.E.D. have been detailed at length by the State Government. Keeping in view the aforesaid, for the present, as the Statement Government is already seized of the matter and has brought under control the arsenic level in water, no further indulgence into the matter is called for.
Patna High Court CWJC No.16238 of 2015(21) dt.20-07-2018 3/3 and the mitigating measures taken and indicated in para 14 should continue and they be brought to the logical end within a reasonable period of time.
With the aforesaid, the application stands disposed of. (Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/Uma/- U