Pramod Sharma v. Bihar State Pollution Control Board
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17517 of 2024 ====================================================== Pramod Sharma Son of Sankar Sharma, Resident of At- House No. OB/18, Road No. 0, Indrapuri, Keshari Nagar, P.O. - Keshari Nagar, District, Patna800024. ... ... Petitioner/s
Versus
1.
Bihar State Pollution Control Board Parivesh Bhawan, N.S.B- II Patliputra Industrial Estate, P.O. Sadaquat Ashram, Pin Code- 800010, through its Member Secretary.
2.
The Chairman Bihar State Pollution Control Board, Parivesh Bhawan, N.S.B- II, Patliputra Industrial Estate, P.O. Sadaquat Ashram, Pin Code -800010.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Akrity Aishwarya, Advocate Mr. Anjani Kumar, Advocate For the Respondent/s :
Mr. Abhimanyu Singh, Advocate For the BSPCB :
Mr. Shivendra Kishore, Sr. Advocate Mr. A. Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 08-04-2025 A supplementary counter affidavit has been filed on behalf of the Respondent No. 1 which is kept on record.
2. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Bihar State Pollution Control Board.
3. The present writ petition has been filed for the following reliefs:- i. To issue a writ of certiorari for setting aside the order dated 31.07.2024, as contained in Memo No.
1758, issued by the Chairman, Bihar State Pollution Control Board, whereby and whereunder in exercise of powers under
2/5 Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, the Chairman has directed Closure of the machine of the petitioner.
ii. To pass interim order staying the operation of the order dated 31.07.2024 until final disposal of the instant appeal.
iii. To hold that the petitioner is not required to obtain Consent from the Bihar State Pollution Control Board under the Air (Prevention and Control of Pollution) Act, 1981 for operating its machine which is installed in a room in the house of the petitioner, and iv. To issue/ pass any other Order/Direction that the Learned Court may deems fit and proper in the interest of justice and equity.
4. Learned counsel for the petitioner submits that a complaint was filed before the Bihar State Pollution Control Board alleging that due to operation of the machine of the petitioner, air and noise pollution is caused and vibration is felt in the complainant's house. He further submits that the Board has carried out inspection on 06.02.2024 in absence of the petitioner. Even the copy of the inspection report was not supplied to him. Although the petitioner has filed his reply dated 12.02.2024 stating therein that the machine of the petitioner is not polluting which was also stated by the inspecting officers and the complaint has been filed by the complainant for some previous land dispute.
5. Pursuant to the direction of this Court dated
3/5 18.03.2025, the Board has carried out fresh inspection in presence of the petitioner and the inspection report dated 03.04.2025 is reproduced hereinbelow:- INSPECTION REPORT 1.
Date of Inspection 03.04.2025 2.
Name of the inspecting officials Rajeev Kumar, ASO.
3.
Name of the unit with complete postal address M/s Sumit, House No.-0.B/16, Road no.-0, Indrapuri, Patna.(25.628426, 85.099519) 4.
Name of Owner Sri Pramod Sharma, (Owner) (Mob. - 9835265008) 5.
Name of the contact person and disgnation Sri Pramod Sharma, (Owner) (Mob. - 9835265008) 6.
Reason of Inspection As per the letter no.-265, dt.- 24.03.2025 7.
Operational Status Not in operation, for monitoring purpose plant was started 8.
Product Nylon Sleeves for fixing of screw 9.
Raw Material Virgin Plastic granules
10. Observation
1. Nylon Sleeves molding equipment installed in 10 X 11 square feet room at ground floor in three storied own building along approached road.
2. As per IS 5182 (Part- 14): 2000), for ambient air quality monitoring all sides of the monitoring location should be open to achieve free flowing of air.
3. Ambient Noise level monitoring was carried out at West side of room only & other sides are not accessible, Report is hereunder;
Location Machine Sound
4/5 Operational Level dB(A) Status West sidse of the Unit During non52.8 operational During operational 54.2 11.
Recommendation For information and necessary action please.
6. From bare perusal of the aforesaid report it transpires that the noise level was observed in a prescribed limit and apart from that the Board has categorically stated in the counter affidavit that the petitioner falls under the green category but from perusal of the impugned order which was passed by the Chairman of Board, it transpire that the Chairman has not taken cognizance with respect to fact that whether the petitioner falls under green category, white category or whatsoever.
7. Having heard learned counsel for the parties and perused the materials available on record, it transpires that the Chairman has passed the order contrary to the report and apart from that the Chairman has not mentioned anywhere that whether the petitioner falls under the green category or white category, whereas the petitioner states that he falls under the white category.
8. In view of the aforesaid, the order dated
5/5 31.07.2024 issued by the Chairman, Bihar State Pollution Control Board is hereby set aside and the writ petition stands allowed.
(Rajesh Kumar Verma, J) Vanisha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.04.2025 Transmission Date NA