SUBHASH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Public Interest Litigation has been filed by two Petitioners claiming that there is certain emission from the factory named Shiv Shankar Chemicals Ltd. Jagdishpur, District Banka which is harmful and dangerous to human beings. Prayer is, therefore, for the immediate closure of the unit. On show-cause having been issued to the Respondents, the Distillery Manager of the factory has sworn in an affidavit stating therein that the matter had earlier been taken to the Hon'bte Supreme Court and a report was called for from the Pollution Control Board and thereafter the matter was dropped as there was no effluent from the factory premises.

(2.) Mr. J.P. Karn, learned Counsel appearing for the Pollution Control Board, submits that effluent treatment plant has been installed in the factory and the same is functioning and there is no effluent or emission coming out from the factory. Similar is the stand by the learned Counsel appearing for the State. In the Affidavit of the Distillery Manager it is stated that the Petitioners are trying to black-mail the factory and had made false averments. It is stated that Petitioner No. 1 is a social worker and the second Petitioner is a practising Advocate at Patna. It is, however, submitted by the learned Counsel for the Petitioners that effluent is still coming out which is dangerous to the human beings and in a certain case even pregnancy has been terminated and that the animals also do not drink water which is contaminated due to emission.

(3.) We find these submissions of the Petitioners have no basis and we are satisfied that the Petitioners have abused the process of the Court in filing this petition and they are acting with mala-fide motives.