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2023 Supreme(Pat) 42

SANJAY KAROL, PARTHA SARTHY
Anmol Kumar S/o Manoj Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Rajeev Kumar Singh, Shilpi Kesari.
For the Respondents: Sarvesh Kumar Singh, Ratnesh Kumar, Naresh Dixit, Parijat Saurabh.

JUDGMENT :

SANJAY KAROL, J.

1. The present petition in the nature of public interest litigation is filed on 25.02.2020, in a nutshell seeking the following reliefs:

    (i) An enquiry against scams being perpetrated in brick kilns in Bihar.

(ii) Production of record by the authorities with respect to how many brick kilns have converted to cleaner technology within the two years’ time period according to the Notification of Ministry of Environment, Forest and Climate Change (for short MoEFCC).

(iii) For direction to implement the above mentioned Notification and for an enquiry against those who have not followed the mandate of the Notification and for the name of the defaulters to be disclosed.

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 31.08.2018. The methodology adopted by the Board was that those failing to adapt cleaner technology by 31.08.2018, their licence shall not be renewed. A number of the units had given affidavit

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