IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16172 of 2010 1. SARVODAYA SEWA EVAM VIKAS SANSTHAN THROUGH ITS PRESIDENT, SRI VASANT KUMAR, SON OF LATE KRISHNA JI, OFFICE/RESIDENCE AT KHADIGRAM, P.S. BARHAT, DISTRICT-JAMUI, BIHAR. 2. SRI MANOJ KUMAR SINHA, SON OF LT. AMBIKA PRASAD, RESIDENT OF JAI RAM BAZAR, NEEM KUAN, P.S. KHAGAUL, PATNA. ………………………………………………PETITIONERS. Versus 1. UNION OF INDIA. 2. MINISTRY OF RAILWAY THROUGH ITS SECRETARY, GOVERNMENT OF INDIA, NEW DELHI. 3. MINISTRY OF ENVIORNMENT AND FOREST THROUGH ITS SECRETARY, GOVERNMENT OF INDIA, NEW DELHI. 4. MINISTRY OF WATER RESOURCES THROUGH ITS SECRETARY, GOVERNMENT OF INDIA, NEW DELHI. 5. MINISTRY OF NATURAL RESOURCES THROUGH ITS SECRETARY, GOVERNMENT OF INDIA, NEW DELHI. 6. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR HAVING ITS CORPORATE OFFICE AT 9TH FLOOR, BANK OF BARODA BUILIDING, 16 PARLIAMENT STREET, NEW DELHI-110001. 7. RAIL NEER PLANT THROUGH ITS MANAGER, KHAGAUL, DANAPUR, PATNA. 8. DIVISIONAL RAILWAY MANAGER (D.R.M.), DANAPUR, PATNA. 9. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 10. DEPARTMENT OF WATER RESOURCES THROUGH IT SECRETARY, GOVERNMENT OF BIHAR, PATNA. 11. DEPARTMENT OF ENVIORNMENT AND FOREST THROUGH IT SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2 12. THE DISTRICT MAGISTRATE, PATNA. 13. THE SUB-DIVISIONAL OFFICER, DANAPUR, PATNA. 14. THE STATE POLLUTION BOARD THROUGH ITS SECRETARY, BELTRON BHAWAN, SHASTRI NAGAR, PATNA. 15. REGIONAL DIRECTOR, CENTRAL GROUND WATER BOARD, 6TH & 7TH FLOOR, LOK NAYAK JAI PRAKASH BHAWAN, FRAZER ROAD, DAK BANGLOW, PATNA-800011. 16. CENTRAL GROUND WATER BOARD THROUGH ITS CHAIRMAN, FARIDABAD. 17. THE DEPUTY COLLECTOR, DISTRICT PUBLIC COMPLAINT CELL, PATNA. …………………………………………RESPONDENTS. ----------- 4. 6.1.2011. Heard learned counsel for the petitioner and learned counsels representing the different respondents such as the State of Bihar, Union of India, Ministry of Railways, Indian Railway Catering and Tourism Corporation Limited, Central Ground Water Board and the Bihar State Pollution Control Board. Petitioner no.1 has brought on record through a reply affidavit, a certificate to show that it is a registered society since 30th of June, 2008. Petitioner no.2 claims to be a resident of Khagaul. The writ petition has been labelled as a Public Interest Litigation and a prayer has been made to stop the functioning of a plant established at Danapur by the Railways 3 for manufacturing and bottling of mineral water named as “Rail Neer”. From the submissions advanced before us and from perusal of the petitioners representation to the Hon‟ble Minister for Railways contained in Annexure-„4‟ series, it is evident that the petitioners have objection to the running of the plant at Danapur/Khagaul mainly on the ground that the plant requires taking out of underground water to the tune of approximately 1-2 lacs litres per day, which is allegedly affecting the water table, which has allegedly gone down on account of such a plant. The other issue raised in the representation is that after the purified water is bottled, the residue which is to the tune of 66000 litres per day, is left out causing pollution to the environment. We are not satisfied with the competence of the petitioners to maintain this kind of Public Interest Litigation because their claim that the water level has gone down because of this plant is not being supported by the stand taken by various respondents and the allegations appear to have been made out on a superficial basis without actual research and study. Lack of sufficient rain is alleged to have adverse affect upon entire area in general but the facts and the datas 4 given by the petitioners are irrelevant in this context as per stand of the Central Ground Water Board. Hence, we are not satisfied with the stand of the petitioners that level of the water has suffered on account of this plant. So far as the issue of pollution to the residue water is concerned, the Bihar State Pollution Control Board has taken a firm stand that the residue does not contain any pollution beyond the permissible limits. Hence, we find no merit in this Public Interest Litigation. It is accordingly dismissed. It goes without saying that the Bihar State Pollution Control Board shall perform its statutory duties regularly in accordance with law. P.S. ( Shiva Kirti Singh, J) ( Dr. Ravi Ranjan, J)