IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 3483 of 2024 Ram Kishor … … … … … … Petitioner Versus The State of Jharkhand and Others ... Respondents ---------

CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ---------

For the Petitioner: Mr. A.K. Das, Advocate Mr. Shivam Utkarsh Sahay, Advocate For the State: Mr. Sahbaj Akhtar, A.C. to A.A.G.-III For the JSPCB: Mrs. Richa Sanchita, Advocate Ms. Suman Roy, Advocate ---------

13/Dated: 10.12.2025

1. On 03.12.2025 this Court passed the following orders:-

“1. Learned counsel for the respondent-JSPCB prays for and is granted two days’ time to file an affidavit with regard to the instruments which can identify the ambient quality of the air coupled with the fine particulate samplers as well as respirable dust samplers or any other instrument that may determine the ambient quality of the air.

2. List this case on 09.12.2025”

2. In compliance to the said orders, Mr. Rajeev Lochan Bakshi, Member Secretary of the Jharkhand State Pollution Control Board, has appeared in person along with one another Officer.

3. We have interacted with the Officers concerned and are of the considered view that the Pollution Control Board thus far has not been very effective in handling and dealing with the pollutions like air, water and other kinds of pollutions and, therefore, a more robust protocol deserves to be put in place so as to ensure that the object(s) of the various statutes like The Environment (Protection) Act, 1986; The Environment (Protection) Rules, 1986; The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016; The Bio-Medical Waste Management Rules, 2016; The Solid Waste Management Rules, 2016; The Plastic Waste Management Rules, 2016; The E-Waste (Management) Rules, 2022; The Recycled Plastics Manufacture, Sale and Usage Rules, 1999; the Noise Pollution (Regulation and Control) Rules, 2000; the Battery Waste Management Rules, 2022; The Wetlands (Conservation and Management) Rules, 2017; The Recycling of Ships Act, 2019; The Environment (Utilisation of Crop residue by Thermal Power Plants) Rules 2023; Green Credit Rules, 2023; Water Purification System (Regulation of Use) Rules, 2023; Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024; etc. are enforced with all its rigors.

4. After all, the primary function and duty to enforce these Acts/Rules actually vests with the State Pollution Control Board.

5. In addition thereto, we fully appreciate the fact that even the local authorities need to act, but that is again subject to the Pollution Control Board showing its will to enforce the Acts/Rules. Why we observe so is that the Pollution Control Board has the power to recommend criminal actions against the local bodies, but thus far, there has not been a single instance in the entire State of Jharkhand where such action might have been resorted to.

6. Therefore, let the Member Secretary file a composite affidavit clearly setting out as to how and in what manner he seeks to enforce the provisions of the Acts/Rules as have been quoted above.

7. In addition thereto, he shall also give the details of the instruments that have been placed either by the Project Personnel or the Pollution Control Board to check the ambient quality of the air, coupled with the fine particulate samplers as well as respirable dust samplers or any other instruments that determine the ambient quality of the air.

8. Likewise, he shall also make a reference to the instruments and the installations which ensure that only safe portable drinking water is provided to the masses and any contaminated source, be it even either through the tube-wells or hand-pumps, is not permitted to be used for the purpose of drinking.

9. He shall also place on record the details of the samples that have been collected or are to be collected by the next date of hearing so as to facilitate this Court to pass further orders in this regard.

10. The Member Secretary shal