SUBHASH KUMAR versus STATE OF BIHAR AND ORS.

SUBHASH KUMAR versus STATE OF BIHAR AND ORS.

The petition was not filed in public interest but to serve the personal business interests of the petitioner; public interest litigation cannot be used to enforce personal interests or grudges; the State Pollution Control Board has taken effective steps and there is no evidence of pollution as alleged.

Parties
Petitioner: Subhash Kumar; Respondent: State of Bihar; Respondent: Bihar State Pollution Control Board; Respondent: Directors of Collieries, West Bokaro Collieries; Respondent: Tata Iron & Steel Co. Ltd.; Respondent: Union of India
Jurisdiction
India
Judgment Date
09 January 1991
Procedural Posture
Writ Petition (civil) / Final Disposal by Supreme Court
Outcome
Petition dismissed with costs
Legal Topics
Right to Life Under Article 21, Pollution Control, Abuse of Process in PIL
Constitutional Law Environmental Law Public Interest Litigation Right to Life Under Article 21 Pollution Control Abuse of Process in PIL

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Parties

Subhash Kumar

Petitioner

State of Bihar

Respondent

Bihar State Pollution Control Board

Respondent

Directors of Collieries, West Bokaro Collieries

Respondent

Tata Iron & Steel Co. Ltd.

Respondent

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether the petitioner can invoke Article 32 for pollution removal as public interest litigation
  2. 2 Whether the discharge of sludge/slurry constitutes pollution under Water Act
  3. 3 Whether the petition is in public interest or personal interest

Ratio Decidendi

The petition was not filed in public interest but to serve the personal business interests of the petitioner; public interest litigation cannot be used to enforce personal interests or grudges; the State Pollution Control Board has taken effective steps and there is no evidence of pollution as alleged.

Court Disposition

Petition dismissed with costs

Orders

  • Petitioner to pay Rs.5,000 as costs to respondent Nos. 3, 4 & 5