Patna High Court
Dheeraj Kumar vs The State Of Bihar And Ors on 20 June, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5409 of 2016
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Dheeraj Kumar s/o Shri Sitaram Jha President, Swatch Darbhanga Swasth
Darbhanga Welfare Association, Darbhanga, resident of Gumti No. 22,
Shahganj, Benta, D.M.C., Laheriyasarai, Darbhanga - 846003.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Cum Commissioner.
2. The Principal Secretary cum Commissioner, Department of Environment
and Forest, Patna, Bihar.
3. The Commissioner, Municipal Corporation, Darbhanga.
4. The East Central Railways through Divisional Manager, Samastipur.
5. The Bihar State Pollution Control Board, Bihar through its member
Secretary, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms. Shama Sinha, Advocate
For the Respondent/s : Mr. Sarvesh Kumar Singh (AAG-13)
Mr. Amish Kumar, CGC
Mr. Bindhyachal Rai, Advocate
Mr. Binay Kumar Pandey, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 20-06-2025 This petition has been filed in public interest drawing attention of this Court to the inaction of the respondents with respect to water logging in the town of Darbhanga; non-initiation of any steps for storm-drainage construction; for effective bio-waste disposal and for checking air pollution.
2. All the issues appear to have been addressed by Patna High Court CWJC No.5409 of 2016 dt.20-06-2025 2/4 the respondents.
3. The Storm Water Drainage Scheme has been approved at the cost of Rs.245 crores, which is being implemented by BUIDCO. An agreement has already been executed on 28.12.2023, which indicates that the date of the completion of the project would be 27.12.2026. In the project, there shall be 08 outfall drains with a total length of 46854 meters, the details of which have been provided in a tabular chart in the affidavit filed on behalf of the respondents.
4. This Court has also been informed that the construction of 650 meters of drain from the Post Mortem Road situated in DMCH premises to Karpuri Chowk has been completed. Work schedule has been planned in advance, the details of which also have been provided in the affidavit.
5. So far as bio-medical waste disposal is concerned, the Municipal Corporation of Darbhanga has already notified the Solid Waste Management Rules, 2016 and Bio-Medical Waste Management Rules, 2016, which are being implemented properly. The segregation of bio-medical Patna High Court CWJC No.5409 of 2016 dt.20-06-2025 3/4 waste is being done and the agency to collect the bio- medical waste from DMCH and other private nursing homes, is operating on daily basis. An agency has been entrusted with the work, which has pitched in 04 vehicles and 10 personnel for collection and segregation of the bio- medical waste.
6. With respect to air pollution, a serious drive has been undertaken in the town of Darbhanga. Very meticulously, the persons spreading pollution have been identified and have been fined. A total amount of Rs.78,000/- by way of penalty has been recovered from them.
7. The Municipal Corporation of Darbhanga has also conceived of a provision for penalty of environmental compensation against throwing of waste in open spaces/water bodies.
8. On the roads, water is being sprinkled through two tractors of reasonably large capacity.
9. Plantation work also is being carried out under the supervision of the District Forest Division Officer, Darbhanga. Some efforts have also been made for Patna High Court CWJC No.5409 of 2016 dt.20-06-2025 4/4 motivating the general populace for tree plantation through street plays and dramas enacted in public places. Regular meetings are being conducted involving Darbhanga Municipal Corporation and BUIDCO and necessary directions are being issued for making the city clean and addressing the air pollution problems.
10. Considering the efforts taken by the respondents/State, we are satisfied that the directions passed by this Court have, to a large extent, been followed. However, it is an on-going process and this Court expects that such steps shall be continued on a permanent basis, failing which, the petitioner would have the liberty to approach this Court again.
11. For the present, we, therefore, consign the petition.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Sujit/avinash
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 23.06.2025
Transmission Date