M/s Ayachi Enterprises, a proprietorship firm, having its office at Bada Panchgarh, Jirwabari, P.O v. …
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1672 of 2024 M/s Ayachi Enterprises, a proprietorship firm, having its office at Bada Panchgarh, Jirwabari, P.O. Sahibganj, P.S. Jirwabari, District Sahibganj, through its Proprietor – Ravi Kumar, aged about 40 years, son of Late Prabhu Nath Mishra, resident of West to Police Colony, Bada Panchgarh, Jirwbari, P.O. Sahibganj, P.S. Jirwabari, District-Sahibganj. Versus … … Petitioner 1.Union of India through Ministry of Environment, Forest & Climate Change, having its office at 3rd Floor, Vayu Wing, Indira Prayavaran Bhawan, Jorbag Raod, P.O. New Delhi, P.S. New Delhi, New Delhi. 2.The State of Jharkhand through its Chief Secretary having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi. 3.The Secretary, Department of Mines and Geology, Government of Jharkhand, Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi. 4.The Director Mines, Department of Mines and Geology, Government of Jharkhand, Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi. 5.Jharkhand State Pollution Control Board, through its Member Secretary, having its office at Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District-Ranchi. 6.State Level Environment Impact Assessment Authority, Jharkhand, having its office at Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District-Ranchi. 7.The Deputy Commissioner, Sahebganj, P.O. Sahebganj, P.S. Sahebganj, District-Sahebganj. 8.The District Mining Officer, Sahebganj, P.O. Sahebganj, P.S. Sahebganj, … … Respondents District-Sahebganj. With
Legal Reasoning
W.P.(C) No. 1396 of 2024 M/s Bajrang Stone, a proprietorship firm, having its office at Kasba, P.O. Meherma, District Godda, through its Proprietor – Alok Ranjan, aged about 43 years, son of Late Bajrang Kumar Mishr, resident of Kasba, P.O. Meherma, P.S. Meherma, District Godda. Versus … … Petitioner 1.Union of India through Ministry of Environment, Forest & Climate Change, having its office at 3rd Floor, Vayu Wing, Indira Prayavaran Bhawan, Jorbag Raod, P.O. New Delhi, P.S. New Delhi, New Delhi. 2.The State of Jharkhand through its Chief Secretary having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District-Ranchi. 3.The Secretary, Department of Mines and Geology, Government of Jharkhand, Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District- Ranchi. 4.The Director Mines, Department of Mines and Geology, Government of Jharkhand, Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District- Ranchi. 5.Jharkhand State Pollution Control Board, through its Member Secretary, having its office at Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District-Ranchi. 6.State Level Environment Impact Assessment Authority, Jharkhand, having its office at Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District-Ranchi. 7.The Deputy Commissioner, Sahebganj, P.O. Sahebganj, P.S. Sahebganj, District-Sahebganj. 8.The District Mining Officer, Sahebganj, P.O. Sahebganj, P.S. Sahebganj, District-Sahebganj. … … Respondents With W.P.(C) No. 1413 of 2024 M/s Ayachi Enterprises, a proprietorship firm, having its office at Bada Panchgarh, Jirwabari, P.O. Sahebganj, P.S. Jirwabari, District Sahebganj, through its Proprietor – Ravi Kumar, aged about 40 years, son of Late Prabhu Nath Mishr, resident of West to Police Colony, Bada Panchgarh, Jirwabari, P.O. Sahebganj, P.S. Jirwabari, District-Sahebganj. … … Petitioner Versus 1.Union of India through Ministry of Environment, Forest & Climate Change, having its office at 3rd Floor, Vayu Wing, Indira Prayavaran Bhawan, Jorbag Raod, P.O. New Delhi, P.S. New Delhi, New Delhi. 2.The State of Jharkhand through its Chief Secretary having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District-Ranchi. 3.The Secretary, Department of Mines and Geology, Government of Jharkhand, Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District- Ranchi. 4.The Director Mines, Department of Mines and Geology, Government of Jharkhand, Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District- Ranchi. 5.Jharkhand State Pollution Control Board, through its Member Secretary, having its office at Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District-Ranchi. 6.State Level Environment Impact Assessment Authority, Jharkhand, having its office at Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District-Ranchi. 7.The Deputy Commissioner, Sahebganj, P.O. Sahebganj, P.S. Sahebganj, District-Sahebganj. 8.The District Mining Officer, Sahebganj, P.O. Sahebganj, P.S. Sahebganj, District-Sahebganj. … … Respondents ----- 2 W.P.(C) No. 1672 of 2024 and analogous cases CORAM: HON’BLE THE ACTING CHIEF JUSTICE
Legal Reasoning
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. Ankit Vishal, Advocate : Ms. Chandana Kumari, AC to Addl. S.G.I. : Mrs. Richa Sanchita, Advocate Ms. Risheeta Singh, Advocate : Mr. Bhanu Kumar, Advocate : Mr. Mohan Kumar Dubey, A.C to A.G. -------- Order No.4 / Dated 14th May 2024 Ms. Chandana Kumari, the learned AC to the learned Additional Solicitor General of India appears for the Union of India. 2. Ms. Risheeta Singh, 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. 3. by the petitioner in WP(C) No. 1672 of 2024: For the sake of convenience, we shall reproduce the prayers made to keep (a) “For issuance of an appropriate writ(s)/ order (s)/ direction(s) particularly writ in the nature of mandamus commanding upon the respondent the Office Memorandum dated 28.04.2023 (Annexure- 5) issued in pursuant of order dated 07.12.2022 passed by Hon’ble National Green Tribunal, Principal Bench at New Delhi in Original Application No. 142 of 2022 [Jayant Kumar v. Ministry of Environment, Forest and Climate Change and Others] (Annexure-4) in abeyance till the constitution of State Level Environment Impact Assessment Authority for the State of Jharkhand and its decision in so far as it mandates the petitioner to have its Environmental Clearance granted vide letter No. 117 of 19.03.2018 issued by District Level Environment Impact Assessment Authority, Sahebganj, Jharkhand, re-apprised by State Level Environment Impact Assessment Authority within a period of one year from the issuance of Office Memorandum dated 28.04.2023; AND (b) For further issuance of an appropriate writ(s)/ order(s)/ direction(s) upon the respondents to allow the petitioner to work the mines at “Chuwa Stone Deposit” at Sahebganj treating the Environmental Clearance issued in favour to petitioner vide letter No. 117 dated 19.03.2018 issued by District Level Environment Impact Assessment Authority, Sahebganj, Jharkhand as valid; AND/OR (c) For further issuance of an appropriate writ/ order /direction as Your Lordships may deem fit and proper for doing conscionable justice to the 3 W.P.(C) No. 1672 of 2024 and analogous cases petitioner.” 4. Mr. Ankit Vishal, the learned counsel for the petitioner(s) tenders a copy of the notification dated 8th April 2024 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. These writ petitions are dismissed as such. (Shree Chandrashekhar, A.C.J.) (Navneet Kumar, J.) Sudhir/Vedanti 4 W.P.(C) No. 1672 of 2024 and analogous cases