Jharkhand High Court
Rajneesh Misra vs Union Of India & Ors. on 17 January, 2017
Equivalent citations: 2017 AJR 647, (2017) 3 JCR 334 (JHA)
Bench: D.N. Patel, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 6141 of 2008
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Rajneesh Misra, Son of Sri J.P. Misra, resident of North Office Para,
opposite of Loretto Convent, P.O & P.S. Doranda, DistrictRanchi
... ...Petitioner
Versus
1. The Union of India through the Secretary, Ministry of Petroleum
& National Gas, New Delhi.
2. Gas Authority of India Ltd. through its Chairman cum Managing
Director, A Govt. of India undertaking registered office at 16, Bhikhaji
Place, P.O. & P.S.R.K. Puram, New Delhi.
3. The State of Jharkhand through the Chief Secretary, Ranchi.
4. The Chairman, Jharkhand State Pollution Control Board,
Dhurwa, Ranchi.
5. The Deputy Commissioner, Ranchi.
3.
6. The Senior Superintendent of Police, Ranchi.
7. The Superintendent of Police (Traffic), Ranchi.
8. The District Transport Officer, Ranchi.
9. The Deputy Commissioner, Dhanbad.
10. The Superintendent of Police, Dhanbad.
11. The Deputy Commissioner, Bokaro.
12. The Superintendent of Police, Bokaro.
13. The Deputy Commissioner, Hazaribagh.
14. The Superintendent of Police, Hazaribagh.
15. The Deputy Commissioner, Jamshedpur.
16. The Superintendent of Police, Jamshedpur.
17. The Deputy Commissioner, Dumka.
18. The Superintendent of Police, Dumka.
19. The Secretary Transport & Civil Aviation, Ranchi. ...Respondents
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner : M/s. Abhinesh Kumar, Vineet Vashistha, Bharat
Kr., M. Upadhyay, Advocates.
For the UOI : Mr. Rajiv Sinha, ASGI
For the State : Mr. Ajit Kumar, A.A.G.
Mr. Vikash Kumar, J.C. to A.A.G.
For the Amicus Curiae: Mr. Rajiv Ranjan, Sr. Advocate
Mr. Shresth Gautam, Advocate
For the RMC : Mr. Prashant Kumar Singh, Advocate
For the JSPCB : Mrs Richa Sanchita, Advocate
For the Respondents : Mr. P.C. Tripathi, Sr. Advocate
M/s A.R. Choudhary, Vijay Shankar Prasad, K.K.
Ambastha, Amar Kr. Sinha, Vijay Kant Dubey,
Kailash Kr. Ranjan, Pandey Neeraj Rai, Ramesh
Chandra Khatri, Ashok Kr., Altaf Hussain, Biswajit
Mukherjee, Ramit Satender, Pramod Kr.
Choudhary, Devakant Roy, Santosh Kumar,
Shailesh, Kavita Singh, Abhay Kr. Mishra, Dr. S.K.
Chaturvedi, Chandrajit Mukherjee, Gautam Kr.
Sagarmay N. Banerjee, Mitul Kumar, Pravin Kr.
Rana, Advocates.
81/Dated:17th January, 2017
Oral order:
Per D.N. Patel, J.:
1. This writ petition has been preferred with the following prayers : 4.
"(i) For the issuance of an appropriate writ/order/direction, commanding upon the respondents to forthwith implement the directions of the Central Government under the Environment Protection Act, 1986, all its rules, the Air (Prevention of Central of Pollution) Act 1981, its rules as also under the Motor Vehicles Act 1988 in so far as they relate to standards of environment pollution caused by automobiles, other vehicles and generators both diesel and petrol and to strictly enforce the pollution norms as laid down under schedule 3 and schedule 4 of the Environment (Protection) Rules, 1986 and to forthwith ban plying of air polluting vehicles in the city limits of Ranchi, Dhanbad, Jamshedpur, Bokaro, Hazaribagh and Dumka to permit registration and running of only such commercial vehicles as comply the requirement of clean fuel vehicles;
And/or
(ii) For the issuance of any other appropriate writ/order/direction for doing conscionable justice to the petitioner."
2. Having heard counsels for both sides and looking to the facts and circumstances of the case, it appears that there are several orders passed by this Court right from the year, 2012 onwards which are relevant for the disposal of this writ petition. Order no.47 dated 17th April, 2012 was passed by the Division Bench of this Court by which a Committee has been constituted to look into the matter of pollution more particularly, the vehicular pollution and to suggest solutions for overcoming the problems of pollution and traffic.
3. It further appears from the facts of the case that vide Order no. 48 dated 15th May, 2012, directions were issued that auto rickshaws, which are more than 10 years old, not to be given permit to ply within the Municipal limit. Such type of directions have been given which are mainly on the basis of the report given by the Committee.
4. The Committee constituted vide order dated 17th April, 2012 has made the following suggestions vide their report dated 5th May, 2012: (1) All auto rickshaws older than 10 years to be prohibited for plying on roads in the city of Ranchi w.e.f. 31.07.2012; (2) Older commercial vehicles older than 15 years to be prohibited from plying in the district of Ranchi w.e.f. 31.07.2012; (3) Oil companies to establish LPG outlet by November, 2012; (4) RTO and Urban Development Department to find out ways for plying low floor buses in the city of Ranchi.
(5) Air quality monitoring station to be established.
5.(6) Smoke meters and Gas Analyzers distributed amongst the officials of motor vehicle department.
5. Further suggestions given by the aforesaid Committee are as under:
(a) All buses and auto plying in the district of Ranchi should be run by CNG/LPG;
(b) LPG outlets to be opened by the oil companies;
(c) Stoppage of usage of Air pressure horns;
(d) Stoppage of usage of fire crackers between 10.00 am to
10.00 pm and restrictive in regards to certain places including schools/colleges/hospitals/courts/nursing homes;
(e) Designated places of auto stands to be placed;
(f) Low floor buses to be introduced;
(g) Smoke meter to be installed;
(h) Mono Rail.
6. It further appears from the facts of the case that compliance affidavit has also been filed by the State of Jharkhand and the compliance are as under:
(i) Air Quality Monitoring Station has been established at Van Bhawan Doranda, Ranchi;
(ii) Air Quality Monitoring Station has been established in the city of Dhanbad;
(iii) Ban on polythene vide notification no.3691 dated 11.09.2013;
(iv) Construction of Bus Stop in and around the city of Ranchi;
(v) No Objection Certificate to three oil companies for installing LPG Stations at their respective petrol pumps;
(vi) Establishment of ten Pollution Testing Centers at Ranchi.
7. Vide further affidavit dated 17th April, 2012, the following compliance has been shown by the State:
(a) Pollution Testing Centers at all districts of State of Jharkhand has been established;
(b) Smoke Meters and Gas Analyzers distributed amongst the officials of the Motor Vehicle Department;
6.(c) LPG Stations at city of Bokaro, city of Jamshedpur and city of Dhanbad established;
(d) Prohibition on such auto rickshaws which are 10 years old.
8. Vide affidavit dated 6th August, 2012, State has pointed out the implementation of recommendation for discontinuing 15 years old commercial vehicle.
9. Thus, several steps have already been taken by the State. Nonetheless, looking to the provisions contained in Scheduled3 and Schedule4 of the Environment (Protection) Rules, 1986 further steps shall be taken by the State to implement the provisions of the Rules, 1986.
10. Directions and guidelines have also been given by Hon'ble the Supreme Court in the case of M.C. Mehta Vs. Union of India and others reported in (1998) 6 SCC 63 which shall also be implemented as far as possible and practicable and as far as they are applicable to the State of Jharkhand.
11. We also expect from the State to enact the policy for control of vehicular pollution. Some institutional decision ought to have been taken by the State so that multifariousness of such type of future petitions can be avoided.
12. It further appears from the orders, passed by this Court in this case that under the guise of removal of pollution or control of the pollution certain properties, compound walls etc. have also been demolished by Ranchi Municipal Corporation or by Ranchi Regional Development Authority for which Interlocutory Application No. 2267 of 2016 has been preferred by the occupants of the said premises and it appears that another Interlocutory Application no. 7706 of 2016 has also been preferred. Perhaps, at the instance of applicant of I.A. No.7706 of 2016 some part of the property referred to in both these Interlocutory Applications have been demolished. Both the applicants are claiming the ownership and the possession of the property in question as referred to in both these Interlocutory Applications. As the demolition has already been taken place, the parties can institute a Civil Suit or can take remedy available under the competent court.
7.13. We see no reason to further monitor this case. Enough directions have been given by Hon'ble the Supreme Court in the judgment as stated hereinabove. Now, it is high time for the State to take a policy decision for controlling the vehicular pollution. The Committee constituted by this Court will now come to an end and the report given by the Committee will be kept in mind by the State while formulating the policy and those recommendations will be implemented by the State at the earliest.
14. This Court have appointed Mr. Rajiv Ranjan, Senior Advocate as an Amicus Curiae vide order dated 21st November, 2016, who has prepared detailed notes and has painstakingly assisted this Court because several orders have been passed and several reports have been given and more than one dozen affidavits have been filed by several parties. We are thankful to the Amicus Curiae for his assistance and we hereby, direct the State of Jharkhand to make the payment of Rs.25,000/ (Rs. twenty five thousand only) to Senior Advocate Mr. Rajiv Ranjan for his assistance rendered to this Court. This amount will be paid within a period of six weeks from today.
15. With these observations, this writ petition stands disposed of. All the interlocutory applications are also disposed of in view of the final order passed in this writ petition.
(D.N. Patel, J.) (Ratnaker Bhengra J.) VK/Gunjan