Santosh Pathak @ Santosh Kumar Pathak, son of late Mohan Pathak, age about 38 v. 1. The State of Jharkhand. 2. The Chief Secretary, Govt. of Jharkhand, Project Building
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 3127 of 2018 -------- Santosh Pathak @ Santosh Kumar Pathak, son of late Mohan Pathak, age about 38 years, resident of Bounardhoura, Jawahar Nagar, P.O. & P.S. Bhurkunda, District Ramgarh … … Petitioner Versus 1. The State of Jharkhand. 2. The Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi, P.O. & P.S. Dhurwa, District Ranchi. 3. The Principal Secretary, Department of Forest, Environment and Climate Change, Govt. of Jharkhand, having its office at Nepal House, P.O. & P.S. Doranda, District Ranchi 4. The Deputy Commissioner, Ramgarh, P.O. & P.S. Ramgarh, District Ramgarh. 5. The District Transport Officer, Ramgarh, P.O. & P.S. Ramgarh, District Ramgarh. 6. The Central Pollution Control Board, through its Secretary, Parivesh Bhawan, East Arjun Nagar, P.O. & P.S. New Delhi, District New Delhi- 110032 7. The Jharkhand Pollution Control Board, through its Secretary, having its office at H.E.C., Township Building, P.O. & P.S. Dhurwa, District Ranchi 8. M/s Jindal Steel & Power Ltd., through its Managing Director, Patratu, P.O. Balkudra, P.S. Patratu, Distt. Ramgarh, Jharkhand 829 143 9. M/s Bihar Foundry & Castings Ltd., through its Managing Director, Industrial Area, Marar, P.O. Marar, P.S. Ramgarh, District Ramgarh. 10. M/s Gautam Ferro Alloys Unit of Bihar Foundry & Castings Ltd. through its Managing Director, Industrial Area, Marar, PO-Marar, PS Ramgarh, District Ramgarh 11. M/s Maa Chinmastika Sponge Iron Ltd., through its Managing Director, Vill. Hesal, P.O. & P.S. Barkana, District Ramgarh. 12. M/s Maa Chinmastika Cement & Ispat Pvt. Ltd. through its Managing Director, Hesal, P.O. & P.S. Barkakana, District Ramgarh. 13. M/s Jharkhand Ispat Pvt. Ltd., through its Managing Director, Hesal, P.O. & P.S. Barkakana, District Ramgarh. 14. M/s Anindita Steel Ltd., through its Managing Director, Factory Office: At Senegarha, P.O. Rabodh, P.S. Giddi, Dist. Hazaribagh. 15. M/s Alok Steel Industries, through its Managing Director, Karma, P.O. & P.S. Mandu, District Ramgarh. 1
Legal Reasoning
16. M/s Ramgarh Sponge Iron, through its Managing Director, Village Dari Hosir, P.O. & P.S. Giddi, Dist. Hazaribagh. 17. M/s Sri Ram Power & Steel Pvt. Ltd. through its Managing Director, Sarubera, P.O. & P.S. Kujju, Dist. Ramgarh. 18. M/s Venketash Iron & Alloys India Ltd. through its Managing Director, Vill- Lapanga, P.O. Lapanga, P.S. Bhurkunda, Dist. Ramgarh. 19. M/s Chitpuri Sponge Iron Ltd., through its Managing Director, Vill. Indira, P.O. & P.S. Mandu, District Ramgarh. 20. M/s Durga Power Sponge Iron Ltd., through its Managing Director, Vill. Demodand, P.O. & P.S. Muffasil, District Hazaribagh. 21. M/s Vishal Sponge Iron Ltd., through its Managing Director, Borobing, Chhotkipona, P.O. & P.S. Chitarpur, Dist. Ramgarh. 22. M/s Brahmaputra Metallic Ltd., through its Managing Director, Vill. Kamta, P.Ο. & P.S. Gola, Dist. Ramgarh. 23. M/s Nanank Ferro Alloys Pvt. Ltd., through its Managing Director, Vill- Rauta, P.O. Marar, P.S. Mandu, Dist. Ramgarh. 24. M/s Calcutta Carbide Pvt. Ltd., through its Managing Director, Vill- Rauta, P.O. Marar, P.S. Mandu, Dist. Ramgarh. 25. M/s Dayal Ferro Alloys Unit of Dayal Steel Ltd., through its Managing Director, Vill- Chaha, P.O. Jamira, P.S. Ramgarh Cantt. Dist. Ramgarh. 26. M/s PLR Outsourcing Company Ltd., through its Managing Director, Vill. Balkundra, Nematanr, P.O. Balkundra, P.S. Patratu, District Ramgarh. 27. State Environment Impact Assessment Authority, Jharkhand through its Chairman, C-170, Road No.4, Ashok Nagar, Ranchi, … … Respondents Jharkhand CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner : Mr. Ram Subhag Singh, Advocate (Through V.C) : Mr. Ashok Kumar Yadav, Sr. SC-I For the State For the Resp. No.6 : Mr. Prabhash Kumar, Advocate Mr. Manish Sharma, Advocate For the Resp. No.8 : Mr. Indrajit Sinha, Advocate Mr. Navin Kumar, Advocate (Through V.C) Mr. Ankit Vishal, Advocate Mr. Sagar Kumar, Advocate For the Resp. JSPCB: Mrs. Richa Sanchita, Advocate For the Resp. Nos.12,: Mr. Nitin Kumar Pasari, Advocate 13, 14, 15, 21 & 25 Mr. Gaurav Kaushalesh, Advocate Mrs. Sidhi Jalan, Advocate Mr. Shubham Choudhary, Advocate For the Resp. SEIAA : Mr. Bhanu Kumar, Advocate -------- 2 30/Dated: 22.10.2024 M. S. Ramachandra Rao, C.J. (Oral) 1. Counsel for the petitioner has drawn our attention to the order dated 06.09.2024 wherein this Court has considered the issue about filling up of the post of Member Secretary of the Jharkhand State Pollution Control Board. 2. Mr. Ashok Kumar Yadav, learned Sr. SC-I, appearing for the respondents states on instruction that Shri Rajeev Lochan Bakshi has been given additional charge of the post of Member Secretary of the Jharkhand State Pollution Control Board on 12.09.2024. 3. This is a Public Interest Litigation filed by the petitioner seeking the following reliefs: “It is therefore humbly prayed that Your Lordships may graciously be pleased to issue Rule NISI calling upon the Respondents to show cause as to why the prayer for issuance of appropriate writ commanding the Respondent No.1 to 8 to take appropriate steps to control pollution caused due to transportation of Iron Ore, Coal and other industrial material from Bhurkunda Yard Station to different places by overloaded transport vehicles causing much inconvenience and serious health problem to the citizens of entire Koyalanchal area of the Ramgarh District and also to conduct an enquiry as to whether the illegal mining and transportation is going on with the connivance of the official machinery and consequently take appropriate legal steps against those guilty perrons. The Pollution Control Board report shows that due to the operation of large scale of factories areas the level of SO2, Carbon Dioxide etc. are two high in the area as per the report of the Jharkhand State Pollution Control Board. AND/OR Pass such other or further order or orders as Your Lordships may deem fit and proper; And For this the petitioner shall ever pray.” 4. In the writ petition, the petitioner has impleaded as private respondents seventeen private companies without filing any material that each of these private respondents are doing the activity which he alleges
Decision
in the writ petition to be doing. 3 5. Previously also petitioner had filed W.P.(PIL) No. 6603 of 2016 and this Court had dismissed the same on the ground that the allegations levelled were unsubstantiated by any cogent scientific documentary material evidence. Though liberty was granted while dismissing this P.I.L on 11.10.2017 to file a fresh writ petition supported by scientific and cogent material evidence to substantiate allegations, the petitioner has filed the instant P.I.L without any such material. 6. Therefore, this P.I.L is dismissed with cost of Rupees One Lakh to be paid by the petitioner to the Jharkhand State Legal Services Authority within four weeks and the petitioner is warned not to file such frivolous P.I.Ls in future. (M. S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) Amit/Vikas 4