IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13733 of 2006 Vijay Krishna son of Sri Laxmi Narayan Prasad Singh, resident Of village - Kadibigha, P S - Rahui, District - Nalanda - Petitioner Versus 1 The State of Bihar 2 Commissioner-cum-Secretary, Department of Mines and Minerals, Bihar, Patna 3 District Magistrate, Nalanda 4 Mining Officer, Nalanda, Biharsharif 5 Assistant Mining Officer, Nalanda, Biharsharif 6 Deputy Development Commissioner, Nalanda at Biharsharif 7 Block Development Officer, Rahui, District - Nalanda 8 Bihar State Pollution Control Board, Patna through Chairman 9 Union of India through the Secretary, Ministry of Forest & Environment Department, New Delhi 10 Central Pollution Control Board through its Chairman - Respondents *** For the petitioner - M/s D K Sinha, Sr Advocate & Pramod Kumar Sinha No 1, Advocate For respondent No 8 - Mr Shivendra Kishore, Advocate For respondent No 9 - Mr Sudhir Singh, Advocate For respondent No 10 - M/s R B Mahto, Sr Advocate & Binita Singh, Advocate *** 14 24.11.2008 In my view, this writ application has all but become infructuous. The writ application was filed by the writ petitioner claiming that in the district of Nalanda, he was the only licensed brick- kiln operator yet State and its instrumentalities, for different functions, was not procuring bricks from him but from illegally operating brick- kilns in the district. In support, he had brought on record information supplied by the district Collector, Nalanda himself. The district Collector, Nalanda maintained a list over hundreds of brick-kiln 2 illegally operating year after year in the district. This Court will not speculate as to the purpose of maintaining such a list at the district Headquarters without taking any positive action against them for its dismantling or other actions. The Mining Department was also maintaining a list. They were also filing some prosecutions only for realization of royalties as a consequence of illegally established brick- kilns but against the brick-kilns, which were over hundred in number, were never stopped functioning even though as admitted by all authorities they were established and were being operated illegally to the knowledge of all authorities. Considering the seriousness of the situation where law was being flagrantly violated by all statutory authorities, this Court ordered an enquiry to be conducted at the highest level by the State. The Central Pollution Control Board and the State Pollution Control Board were also added parties. They also had failed to secure compliance of the Pollution Control Laws in this regard. Reports were called from these authorities as well. The reports disclosed a shocking state of affairs. All authorities of the State were fully aware and cognizant of law being flagrantly violated but on some pretext or the other, on some pretence or the other and for some reason or the other, which this Court will not speculate, no action was being taken to implement the law. Pollution control is not a matter of an individual or for an individual’s comfort. Necessity for providing a clean environment is a duty cast on the State. It is an integral part of life and liberty as contemplated under Article 21 of the Constitution of India. The statutory authorities had completely 3 abdicated their constitutional and statutory responsibilities, where while maintaining list of defaulters, no positive actions were taken. The State Pollution Control Board, by its various affidavits, has expressed its anguish in the matter and explained its handicap as it is grossly under staff to implement its statutory duties. The Mining Department admits its default. The Mining Department of Collectorate very proudly admits its default and its maintaining list of defaulters yearwise. Fortunately, once these matters were noticed by this Court, the authorities woke up from their deep slumber. The State Government’s enquiry report indicted several officers but this Court wonders what would be the consequence of mere indictment without any action against them. Court is yet to see any answerability on part of erring officers. Be that as it may, on an undertaking by the State and the Pollution Control Board to be more vigilant and to streamline process of implementation of laws, these proceedings are being closed as this Court cannot assume the power of policing the State officials in regard to discharge of their statutory duties. Petitioner’s licence for the period 2007-2008, which was rejected merely on ground of non-payment of certain interest amounting to Rs 1834/- which was subsequently reduced to Rs 124/- was held to be deemed to be valid by this Court by earlier orders and mining lease for the period 2008-2009 has been deemed to be renewed. In view of the facts noted above and in the hope that once the writ application stands disposed of, the statutory authorities would not 4 go in deep slumber once again. This writ application is finally disposed of. M.E.H./ (Navaniti Prasad Singh)