IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1346 of 2010 Nand Kishore Singh s/o late Ramsharan Singh, r/o village & p.O Kharsan, P.S. Righa, District – Sitamarhi …. petitioner Versus 1. The Union Of India through the Secretary, Ministry of Forest & Environment, Govt. of India, New Delhi 2. The State of Bihar through the Chief Secretary, Old Secretariat, Patna 3. The Principal Secretary cum Commissioner, Department of Forest & Environment, Govt. of Bihar, Patna 4. The Central Pollution Control Board, New Delhi through its Chairman 5. The Bihar State Pollution Control Board, through its Chairman, Beltron Bhavan, Shastri Nagar, Patna 6. The National Human Rights Commission, Faridkot House, Copernicus Marge, New Delhi 110 001 through its Secretary 7. The District Magistrate, Sitamarhi 8. M/s Righa Sugar Company Ltd. (Distillery Division) at Village – Panchhaur, P.S. Righa, District Sitamarhi through its Chairman cum Managing Director …….. Respondents ----------- For the petitioner: Mr. S.D. Sanjay, Advocate For the Union of India: Mr. Raghib Ahsan, ASG For the BSPC Board: Mr. Shivendra Kishore, Advocate 2 27/1/2010 The petitioner as pro bono publico has preferred this appeal contending, inter alia, that the respondent no.8 M/s Riga Sugar Company Ltd., a manufacturing industrial unit, has polluted the Bagmati river by dumping the effluents and despite the representation submitted before the Bihar State Pollution Control Board, Patna as well as the Central 2 Pollution Control Board, New Delhi, the same have gone in vain. Having heard Mr. S.D. Sanjay, learned counsel for the petitioner, Mr. Raghib Ahsan, Assitant Solicitor General for the Union of India and Mr. Shivendra Kishore, learned counsel for the Bihar State Pollution Control Board, it is directed that the present writ petition shall be treated as a representation to the State authorities and it shall be dealt with in apposite manner as per the provisions contained in Water Pollution Act, 1974. Be it noted, a colossal allegation has been made in the petition which has been vehemently advanced by learned counsel for the petitioner Mr. S. D. Sanjay that there is connivance by the State Pollution Control Board as well as the Central Pollution Control Board to give protection to the said manufacturing unit. Refraining ourselves from commenting on the said allegation, as advised at present, we are inclined to direct the respondent no.4 as well as the respondent no.5 to dwell upon the allegation made against the 3 industrial unit on the touchstone and anvil of the statutory parameters so that the pollution does not take place and the lives of the inhabitants of the locality are by no way endangered. We may hasten to add solely because the allegations have been made the statutory authority should not adopt any kind of vindictive attitude and take a view which would be in consonance with the statutory provisions. A citizen, may out of anxiety, make such allegations, but the said allegations have to be ostracized and the subject matter of allegations has to be given due weightage as that is the paramount duty of the statutory authority. Any hazardous effluent is likely to corrode human life which is not allowable in the constitutional backdrop. Thus, the role of the Pollution Control Board, be it at the State level or at the Central level is statutorily sacrosanct. We hope and trust that both the authorities shall bear in mind their role and shall not commit anything by which the petitioner would be in a position to come forward to say that they have committed an act which falls in the realm of sanctuary of errors. The action in 4 this regard shall be taken within a period of eight weeks from the date of receipt of a copy of the order passed today. Let a copy of this order be handed over to Mr. Raghib Ahsan, Assistant Solicitor General, for the Union of India and Mr. Shivendra Kishore, learned counsel for the Bihar State Pollution Control Board, Patna The writ petition is accordingly disposed of. There shall be no order as to costs. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)