KAMLA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the writ applications, it was the Road Construction Department running Hot Mix Plants in a residential area. The Pollution Control Board having the statutory duty to enforce Air Pollution Laws, despite repeated complaints failed to act. After the writ applications were filed, both the Road Construction Department and the Pollution Control Board finding no other option have reluctantly closed the polluting Units. Affidavit to that effect has also been filed by them respectively in C.W.J.C. No. 13429 of 2013. It is indeed unfortunate that the Law was flouted with impunity over the years not by an individual but by the Road Construction Department of the State Government abetted by the Pollution Control Board.

(2.) We had called for the original records both from the Road Construction Department and the Pollution Control Board. The records reveal a very disturbing state of affairs and conduct both by the Road Construction Department and the Pollution Control Board.

(3.) But, now that better sense has dawned and the polluting Units are stated to have been closed down, we refrain from passing a reasoned order which we had earlier decided to do.