Mirapahar Stone Mine, (A Partnership Firm), having its works at Plot No. 100(P), 101(P) v. 1. Union of India, Ministry of Environment, Forest and Climate Change
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1278 of 2024 Mirapahar Stone Mine, (A Partnership Firm), having its works at Plot No. 100(P), 101(P), 105(P) & 106(P), Mouza Mirapara, Borio, P.O. & P.S. Borio, District Sahibganj, through its Partner namely, Md. Rabbul Ansari, aged about 38 years, Son of Md. Abushama Ansari, resident Chota Pangro, Bara Mandansahi, P.O. & P.S. Sahebganj, District Sahebganj, Jharkhand, PIN-816109. … … Petitioner Versus 1. Union of India, Ministry of Environment, Forest and Climate Change (Impact Assessment Division), through its Secretary, having its office at 3rd Floor, Vayu Wing, Indira Paryavaran Bhavan, Jor Bagh Road, P.O. and P.S. Jor Bagh, District New Delhi, PIN 110003. 2. State of Jharkhand, through the Secretary, Department of Environment and Forest, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi-834002. 3. Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi- 834002. 4. Jharkhand State Pollution Control Board, through its Member Secretary, having its office at Township Administration Building, HEC Complex, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. 5. Deputy Commissioner, Sahibganj, having Collectorate, P.O. and P.S. Sahibganj, District Sahibganj. 6. District Mining Officer, Sahibganj, having its office at District Collectorate, P.O. and P.S. Sahibganj, District Sahibganj. 7. State Level Environment Impact Assessment Authority, Jharkhand, through its Member Secretary, having its office at Podhshala Campus, near Dhurwa Bus Stand, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. its office at District … … Respondents with W.P.(C) No.1306 of 2024
Legal Reasoning
M/s. Jharkhand Stone Works, (A Partnership Firm), having its works at Tinpahar, Mouza Leba, P.O. & P.S. Tinpahar, District Sahibganj, through its Partner namely, Md. Irshad Ali, aged about 46 years, Son of Md. Hafijulla Ansari, resident of Bada Madanasahi, P.O. & P.S. Sahebganj, District Sahebganj, Jharkhand, PIN-816109. … … Petitioner Versus 1. Union of India, Ministry of Environment, Forest and Climate Change (Impact Assessment Division), through its Secretary, having its office at 3rd Floor, Vayu Wing, Indira Paryavaran Bhavan, Jor Bagh Road, P.O. and P.S. Jor Bagh, District New Delhi, PIN 110003. 2. State of Jharkhand, through the Secretary, Department of Environment and Forest, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi-834002. 3. Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi- 834002. 4. Jharkhand State Pollution Control Board, through its Member Secretary, having its office at Township Administration Building, HEC Complex, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. 5. Deputy Commissioner, Sahibganj, having Collectorate, P.O. and P.S. Sahibganj, District Sahibganj. 6. District Mining Officer, Sahibganj, having its office at District Collectorate, P.O. and P.S. Sahibganj, District Sahibganj. 7. State Level Environment Impact Assessment Authority, Jharkhand, through its Member Secretary, having its office at Podhshala Campus, near Dhurwa Bus Stand, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. its office at District … … Respondents with W.P.(C) No.1323 of 2024 M/s. Vidyarthi Stone Works, (a Proprietorship concern), having its works at Plot No. 63/P, 72 and 80, Mouza Godwa, Taljhari, P.O. Godwa, P.S. Taljhari, District Sahibganj, PIN 816129 (Jharkhand), through its Proprietor, namely, Prashant Pandey, aged about 31 years, son of Late Parmanand Pandey, resident of Village-Refugee Colony, Saint Joseph, P.O. Sahibganj, District … … Petitioner Sahibganj, PIN 816109 (Jharkhand). Versus 1. Union of India, Ministry of Environment, Forest and Climate Change (Impact Assessment Division), through its Secretary, having its office at 3rd Floor, Vayu Wing, Indira Paryavaran Bhavan, Jor Bagh Road, P.O. and P.S. Jor Bagh, District New Delhi, PIN 110003. 2. State of Jharkhand, through the Secretary, Department of Environment and Forest, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi-834002. 3. Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi- 834002. 4. Jharkhand State Pollution Control Board, through its Member Secretary, having its office at Township Administration Building, HEC Complex, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. 5. Deputy Commissioner, Sahibganj, having its office at District 2 W.P.(C) No. 1278 of 2024 and analogous cases Collectorate, P.O. and P.S. Sahibganj, District Sahibganj. 6. District Mining Officer, Sahibganj, having its office at District Collectorate, P.O. and P.S. Sahibganj, District Sahibganj. 7. State Level Environment Impact Assessment Authority, Jharkhand, through its Member Secretary, having its office at Podhshala Campus, near Dhurwa Bus Stand, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. … … Respondents with W.P.(C) No.1634 of 2024
Legal Reasoning
1. Asit Kumar Mandal, aged about 38 years, son of Shri Sudhan Chandra Mandal, resident of Village Asanbani, Govindpur, Barharwa P.O. Bhitia, P.S. Govindpur, District Dhanbad, PIN-828109 (Jharkhand). 2. Azad Ansari, aged about 41 years, son of Late Mustkim Ansari, resident of Village Kharkabad, P.O. Barwa East, P.S. Govindpur, District Dhanbad, PIN-828205 (Jharkhand). … … Petitioners Versus 1. Union of India, Ministry of Environment, Forest and Climate Change (Impact Assessment Division), through its Secretary, having its office at 3rd Floor, Vayu Wing, Indira Paryavaran Bhavan, Jor Bagh Road, P.O. and P.S. Jor Bagh, District New Delhi, PIN 110003. 2. State of Jharkhand, through the Secretary, Department of Environment and Forest, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi-834002. 3. Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi- 834002. 4. Jharkhand State Pollution Control Board, through its Member Secretary, having its office at Township Administration Building, HEC Complex, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. 5. Deputy Commissioner, Dhanbad, having its office at District Collectorate, P.O. and P.S. Dhanbad, District Dhanbad. 6. District Mining Officer, Dhanbad, having Collectorate, P.O. and P.S. Dhanbad, District Dhanbad. 7. State Level Environment Impact Assessment Authority, Jharkhand, through its Member Secretary, having its office at Podhshala Campus, near Dhurwa Bus Stand, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. its office at District … … Respondents with W.P.(C) No.1630 of 2024 1. Asit Kumar Mandal, aged about 38 years, son of Shri Sudhan Chandra 3 W.P.(C) No. 1278 of 2024 and analogous cases Mandal, resident of Village Asanbani, Govindpur, Barharwa P.O. Bhitia, P.S. Govindpur, District Dhanbad, PIN-828109 (Jharkhand). 2. Azad Ansari, aged about 41 years, son of Late Mustkim Ansari, resident of Village Kharkabad, P.O. Barwa East, P.S. Govindpur, District Dhanbad, PIN-828205 (Jharkhand). … … Petitioners Versus 1. Union of India, Ministry of Environment, Forest and Climate Change (Impact Assessment Division), through its Secretary, having its office at 3rd Floor, Vayu Wing, Indira Paryavaran Bhavan, Jor Bagh Road, P.O. and P.S. Jor Bagh, District New Delhi, PIN 110003. 2. State of Jharkhand, through the Secretary, Department of Environment and Forest, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi-834002. 3. Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi- 834002. 4. Jharkhand State Pollution Control Board, through its Member Secretary, having its office at Township Administration Building, HEC Complex, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. 5. Deputy Commissioner, Dhanbad, having its office at District Collectorate, P.O. and P.S. Dhanbad, District Dhanbad. 6. District Mining Officer, Dhanbad, having Collectorate, P.O. and P.S. Dhanbad, District Dhanbad. 7. State Level Environment Impact Assessment Authority, Jharkhand, through its Member Secretary, having its office at Podhshala Campus, near Dhurwa Bus Stand, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. its office at District … … Respondents with W.P.(C) No.1676 of 2024 Asit Kumar Mandal, aged about 38 years, son of Shri Sudhan Chandra Mandal, resident of Village Asanbani, Govindpur, Barharwa P.O. Bhitia, P.S. Govindpur, District Dhanbad, PIN 828109 (Jharkhand). Versus … … Petitioner 1. Union of India, Ministry of Environment, Forest and Climate Change (Impact Assessment Division), through its Secretary, having its office at 3rd Floor, Vayu Wing, Indira Paryavaran Bhavan, Jor Bagh Road, P.O. and P.S. Jor Bagh, District New Delhi, PIN 110003. 2. State of Jharkhand, through the Secretary, Department of Environment and Forest, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi-834002. 4 W.P.(C) No. 1278 of 2024 and analogous cases 3. Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi- 834002. 4. Jharkhand State Pollution Control Board, through its Member Secretary, having its office at Township Administration Building, HEC Complex, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. 5. Deputy Commissioner, Dhanbad, having its office at District Collectorate, P.O. and P.S. Dhanbad, District Dhanbad. 6. District Mining Officer, Dhanbad, having Collectorate, P.O. and P.S. Dhanbad, District Dhanbad. 7. State Level Environment Impact Assessment Authority, Jharkhand, through its Member Secretary, having its office at Podhshala Campus, near Dhurwa Bus Stand, P.O. and P.S. Dhurwa, District Ranchi, PIN 834004. its office at District … … Respondents CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE NAVNEET KUMAR ----- -------- For the Petitioner(s) For the Resp.-UOI For the Resp. No.4-JSPCB For the Resp. No.7-SEIAA For the Resp. –State : Mr. Sumeet Gadodia, Advocate Ms. Shruti Shekhar, Advocate Mr. K. Hari, Advocate : Mr. Chandana Kumari, AC to Addl. S.G.I. : Mrs. Richa Sanchita, Ms. Riya Narain, Advocate : Mr. Bhanu Kumar, Advocate : Mr. Mohan Kumar Dubey, A.C to A.G. -------- Order No.5 / Dated 06th May 2024 For the sake of convenience, we shall reproduce the prayers made by the petitioner in WP(C) No. 1278 of 2024: (i) For issuance of an appropriate writ/order/direction, including Writ of Mandamus, directing the Respondent-Union of India and Respondent- State of Jharkhand to constitute State Level Environment Impact Assessment Authority, Jharkhand, (hereinafter referred to as 'SEIAA' for short) which has become defunct since 05th November, 2023, especially in view of the fact that due to non- constitution of SEIAA, Petitioner is unable to apply for re- appraisal of its environmental clearance granted by District Level Environment Impact Assessment, Authority, Sahibganj (hereinafter referred to as 'DEIAA' for short). 5 W.P.(C) No. 1278 of 2024 and analogous cases (ii) For issuance of further appropriate writ/order/direction, including Writ of Mandamus, directing the Respondent- authorities to allow the Petitioner to continue its mining operation until reappraisal of its environment clearance is granted by SEIAA, as for no fault of the Petitioner, Petitioner is unable to get its environmental clearance reappraised from SEIAA as the said Authority has become defunct in the State of Jharkhand. (iii) For issuance of further appropriate writ/order/direction, including Writ of Mandamus, directing Jharkhand State Pollution Control Board (hereinafter referred to as 'JSPCB' for short) to act upon the Environmental Clearance already granted by DEIAA in favour of the Petitioner in the matter of renewal of the Consent to Operate of the Petitioner under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 till such time the environmental clearance granted in favour of the Petitioner is re-appraised by SEIAA. (iv) For issuance of any other appropriate writ(s)/order(s)/ direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case.” 2. Mr. Chandana Kumari, the learned AC to the learned Additional Solicitor General of India appears for the Union of India. 3. Mrs. Richa Sanchita, the learned counsel for the Jharkhand State Pollution Control Board, Mr. Bhanu Kumar, the learned counsel for the State Level Environment Impact Assessment Authority, Jharkhand and Mr. Mohan Kumar Dubey, the learned State Counsel are present. 4. petitioner(s) tenders a copy of the notification dated 8th April 2024 At the outset, Mr. Sumeet Gadodia, the learned counsel for the published in the Gazette of India to apprise this Court that now the State Level Environment Impact Assessment Authority has been constituted and these writ petitions have been rendered infructuous. 5. 6. Taken on record. Accordingly, these writ petitions are dismissed as such. Tanuj (Shree Chandrashekhar, A.C.J.) (Navneet Kumar, J.) 6 W.P.(C) No. 1278 of 2024 and analogous cases