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National Green Tribunal

Mahesh Prasad vs State Of Bihar on 13 October, 2022

Item No.07                                                     (Court No. 2)



                 BEFORE THE NATIONAL GREEN TRIBUNAL
                          PRINCIPAL BENCH

                            (By Video Conferencing)

                       Original Application No.430/2022


Mahesh Prasad                                                    ...Applicant

                                    Versus

State of Bihar                                                 ...Respondent


Date of hearing:    13.10.2022


CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
       HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

Applicant:          None.

Respondent:         Mr. Abhimanu Singh, Advocate for BSPCB.

     Application is registered based on a Letter Petition received by Post.

                                    ORDER

1. The grievance in the present letter petition, which has been treated and registered as Original Application, is against discharge of waste water of entire city of Daudnagar, District Aurangabad, Bihar through constructing a huge drain joining Son Nadi and digging of soil from both the banks of Son Nadi for use by brick kilns and thereby causing of damage to the riverine ecology and destabilization of river banks through erosion.

2. Vide order dated 18.07.2022, this Tribunal constituted a Joint Committee comprising of the Principal Secretary, Department of Water Resources, Government of Bihar, State PCB, Executive Officer, Municipal Council, Daudnagar and District Magistrate, Aurangabad and directed the same to submit factual and action taken report within two months.

3. The report of the Joint Committee has been filed by Bihar State Pollution Control Board vide email dated 26.09.2022. O. A. No. 430/2022 Mahesh Prasad Vs. State of Bihar -2-

4. In view of the averments in the application and observations in the report of the Joint Committee, we consider it appropriate to have response of (1) State of Bihar through Chief Secretary, Government of Bihar, (2) Principal Secretary, Urban Development and Housing Department, Government of Bihar, (3) Principal Secretary, Department of Water Resources, Government of Bihar, (4) Executive Officer, Municipal Council, Daudnagar, (5) State PCB, and (6) District Magistrate, Aurangabad, who stand impleaded as respondents No. 1 to 6. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1 to 6 requiring them to file their reply/response within two months at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

5. Mr. Abhimanu Singh, Advocate accepts notice on behalf of the State PCB and seeks time to file reply/response on behalf of State PCB. Reply/response on behalf of State PCB be filed within two months as directed above.

6. List the matter for further consideration on 09.02.2023 Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM October 13, 2022 AG