IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 17536 of 2022 ======================================================

Based on the News Report dt. 14.12.2022 published in the newspaper Hindustan Patna. ... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar.

2. The State of Bihar through the Principal Secretary Environment, Forest and Climate Change Department Govt. of Bihar, Patna.

3. The District Magistrate, Patna.

4. Bihar State Pollution Control Board, Patna through its Secretary.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Vikash Kumar, SC-11 For the Respondent/s : Mr. Lalit Kishore ( Ag )

For BSPCB : Mr. Abhimanyu Singh, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

21 12-02-2026 As per the order dated 05.02.2026, the interim report has been filed by the Bihar State Pollution Control Board.

In the said report it has been mentioned as follows:-

“4.2.3. The carrying capacity (CC) approach, utilizing current emissions, meteorological data, and the advanced AERMOD model, has determined the allowable emission load required to meet both the 24-hour and annual air quality standards. The carrying capacity varies between

6,702 and 28,143 kg/day for PM2.5 and for PM10 varies between 10689 and 44315 kg/day, depending on daily and monthly meteorological conditions. It was observed that CC is lower during the winter months and higher from April to September. However, the carrying capacity was exceeded only during the May to July period, with total emissions reaching 15,419 kg/day for PM2.5 and for PM10 35500 kg/day. Therefore, significant emission reductions are necessary for the remaining months. Immediate control measures are recommended for MSW burning and brick kilns, with final emission reduction proposals based on the critical month.”

2. In the affidavit dated 26.11.2024 in paragraph no. 6, it is stated as follows:-

“6. That number of initiatives have been taken for prevention and control of air pollution in the State of Bihar. The initiatives include for prevention and control of vehicular emission by the Transport Department, Govt. of Bihar, development of City Gas Distribution Networks in Bihar by Oil Companies (GAIL India, IOCL and Think Gas) for supply of cleaner fuels (CNG/PNG), formulation of Bihar Fuel Policy on Pet Coke, restriction on use of furnace oil, coal and wood (in any form) as industrial fuel in the boiler (steam boiler) or any heating system in the industrial area and in other areas where the supply of CNG/PNG/LNG network has been developed by the oil companies by Bihar State Pollution Control Board, Patna vide notification no. 02, dated- 12.03.2024, restriction of operation of brick kilns without converting into Cleaner Technology. Some of the initiatives taken is produced below: -

a) Transport Department, Govt. of Bihar has restricted plying of 15 years old government vehicles in the entire State till further order vide notification no. 8116, dated-05.11.2019.

b) State Govt. has restricted plying of all old commercial vehicles above 15 years in the jurisdiction of Patna Municipal Corporation, Danapur Municipal Council, Kagaul Municipal Council and Phulwarisharif Municipal Council with immediate effect till further order vide notification no. 8145, dated-06.11.2019.

c) State Govt. has also restricted plying of diesel driven three wheelers (auto rickshaws) in the jurisdiction of Patna Municipal Corporation, Danapur Municipal Council, Kagaul Municipal Council and Phulwarisharif Municipal Council vide notification no. 8182, dated-07.11.2019 and Muzaffarpur & Gaya vide notification no. 3295, dated- 11.05.2023 and further vide notification no. 3485, dated-

17.05.2023.

d) The State has notified Bihar Clean Fuel Scheme, 2019. The scheme is being implemen