SUBHASH KUMAR VS STATE OF BIHAR : CASE SUMMARY
The Supreme Court in Subhash Kumar Vs. State of Bihar (1991) AIR 420 held that right to live under Article 21 includes the right of enjoyment of pollution free water and air for full enjoyment of life.
FACTS OF THE CASE
Subhash Kumar filed a Public Interest Litigation (PIL) under Article 32 of the Constitution seeking direction to West Bokaro Collieries and Tata Iron & Steel Company from discharging sludge and slurry in Bokaro river. The Petitioner contended that sludge/slurry discharged as an effluent from the washeries into the Bokaro river got deposited in the bed of the river and it also gets settled on land including the Petitioner’s land bearing Plot No. 170. Such sludge/slurry adversely affects fertility of the land. River water no longer remains drinkable or irrigatable due to pollution of the water.
The Petitioner submitted that in spite of several representations, the State of Bihar and State Pollution Control Board have failed to take any action against the Company instead they have permitted the pollution of water and earning royalty on the same.
FINDINGS OF THE SUPREME COURT
The Supreme Court observed that the Petition does not seem to have been filed in public interest. The Petitioner was buying slurry for the last several years from the Respondents. He wanted more and more slurry from the Respondents and for this purpose started harassing the company. He even removed company’s slurry in unauthorized manner for which even criminal complaint was filed. He even filed Petition under Article 226 of the Constitution for permitting him to collect slurry from raiyati land.
The Supreme Court observed that Article 32 is designed for enforcement of Fundamental Rights of a citizen. It provides for an extraordinary procedure to safeguard the Fundamental Rights of a citizen. Right to live is a fundamental right under Article 21 of the Constitution. It includes the right of enjoyment of pollution free water and air for full enjoyment of life. If anything endangers or impairs the quality of life in derogation of laws, a citizen has right to have recourse to Article 32 of the Constitution for removing the pollution of water or air which may be detrimental to the quality of life.
But the Supreme Court observed that proceedings under Article 32 of the Constitution should be taken by a person genuinely interested in the protection of society on behalf of the community. Public Interest Litigation can not be invoked to satisfy personal grudge and enmity. If such petitions are entertained then it will be abuse of process of law.
The Supreme Court dismissed the petition and imposed cost of Rs. 5000/-.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.
