ANMOL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition in the nature of public interest litigation is filed on 25/2/2020, in a nutshell seeking the following reliefs:-

(2.) Subsequent to the Notification of the MoEFCC, the Bihar State Pollution Control Board issued a Notification 11/10/2017 granting time for brick-kilns within the State of Bihar to adapt cleaner technology by 31/8/2018. The methodology adopted by the Board was that those failing to adapt cleaner technology by 31/8/2018, their licence shall not be renewed. A number of the units had given affidavits that they would shift to the cleaner technology by the above said date, and those who had not done so, i.e. submitted such affidavit, the time to undertake to such a switch was extended to 31/8/2019.

(3.) Vide CWJC No.15962 of 2018 titled as Suman Kumar Jha v. The State of Bihar and other connected matters disposed off on 12/4/2018 (Annexure-1, Page-11), a Bench of this Court noted that the cutoff date, that is between those who had submitted an affidavit (undertaking to shift cleaner technology) and those who had not (giving premier to those who sought to delay such a shift), could not be different. In other words, two separate groups among those who were operating pre-existing units, were arbitrary and unsustainable. The operative portion of the order reads thus:-