The Patna High Court rejected a Public Interest Litigation (PIL) filed with respect to use of explosives in the State, especially in the districts of Nawada, Aurangabad, Sheikhpura and Gaya for mining and other construction work like Railways, road construction etc.
The Division Bench of Chief Justice K. Vinod Chandran and Justice Harish Kumar noted that the petitioner is said to be an NGO which is admittedly not registered under any of the enactments, which disentitles the petitioner to approach this Court, since it is not a legal entity.
It is stated that the statutory compliances are lacking in the activities wherein explosives are used.
The petitioner, but for having impleaded the District authorities, has not pointed out even one instance of the activity of one entity which had been carried out without such licences, the Court further noted.
The Court also noted that the Special Secretary, Government of Bihar, Home Department has already issued Notification with reference to the grievance of the petitioner. The petitioner relies on a newspaper report and speaks of “illegal and dangerous activity of the Mines Company” (sic) without any specification as to the company involved.
The petition, the Court find, is totally misconceived and the petitioner on its own admission is not a legal entity.