The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 6149 of 2017 Santosh Mandal Bricks, A proprietorship Firm having its place of business at Village-Rajgoah, P.O. & P.S.-Gamharia, Dist.-Seraikella, Kharsawan through its Proprietor Santosh Mandal, son of Darphari Mandal, resident of Old Sonari near Harihar Mandir Kagal Nagar, P.O. & P.S.- Sonari, Town-Jamshedpur, Dist.-East Singhbhum .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Member Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6024 of 2017 M/s King Bricks, A proprietorship Firm having its place of business at Chhota Govindpur near SBI, P.O. & P.S.-Chhota Govindpur, Town-Jamshedpur, Dist.-East Singhbhum through its Proprietor Sanjay Kumar Gupta, son of Sri Rajendra Prasad Gupta, resident of Chhota Govindpur near SBI, P.O. & P.S.- Chhota Govindpur, Town- Jamshedpur, Dist.-East Singhbhum .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman W.P. (C) No.6149 of 2017 and other allied cases 1 2. Principal Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6090 of 2017
Legal Reasoning
M/s. S.M. Bricks, a proprietorship firm having its place of business at Old Sonari near Harihar Mandir, P.O. & P.S.- Sonari, Town- Jamshedpur, Dist.-East Singhbhum through its Proprietor Santosh Mandal, son of Darphari Mandal, resident of near Harihar Mandir, Sonari, P.O. & P.S.- Sonari, Town-Jamshedpur, Dist.-East Singhbhum .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Principal Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6091 of 2017 Rajendra Prasad Choudhary, son of late Biseshwar Lal Choudhary, resident of beside of Radha Cinema, Gamharia, P.O. & P.S.- Gamharia, Dist.-Seraikella, Kharsawan .... Petitioner Versus W.P. (C) No.6149 of 2017 and other allied cases 2 1. Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Principal Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6382 of 2017 Murlidhar Choudhary, son of Jitendra Nath Choudhary, resident of Kalyanpur, P.O. & P.S.-Govindpur, Dist.-Dhanbad .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Member Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.- Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6409 of 2017 Pramod Tripathy @ Pramod, son of late Girjanand Tripathy, resident of Jharia No.4, P.O. & P.S.- Jharia, Dist.-Dhanbad .... Petitioner Versus W.P. (C) No.6149 of 2017 and other allied cases 3 1. Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Member Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.- Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6411 of 2017 Suresh Kumar Bhagwani, son of late Tulsidas Bhagwani, resident of Chandra Villa, Jorapokhar, P.S.-Bank More, P.O.-Dhansar, Dist.- Dhanbad .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Member Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.- Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6430 of 2017 Md. Mahmood Ansari, son of Md. Junus Ansari, resident of Upar Kulhi, Jharia, P.O. & P.S.-Jharia, Dist.-Dhanbad W.P. (C) No.6149 of 2017 and other allied cases 4 .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Member Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.- Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6545 of 2017 Puran Singh, son of late Sarb Singh, r/o DGMS Colony, Dhanbad Panchrukhi, P.O.-Bagdaha, P.S.-Rajganj, Dist.-Dhanbad .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Principal Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6800 of 2017 Akhtar Nawaz Khan, son of Shahnawaz Khan resident of Topchanchi, P.O. & P.S.-Topchanchi, Dist.-Dhanbad .... Petitioner W.P. (C) No.6149 of 2017 and other allied cases 5 Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Principal Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6808 of 2017 Jagarnath Mahato, son of late Haricharan Mahto, resident of Bansjore, P.O.-Loyabad, P.S.-Loyabad, Dist.-Dhanbad .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Principal Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6809 of 2017 Ashok Kumar Jha, son of Kripa Sindhu Jha, resident of Village- Tetulmari, P.O.-Sijua, P.S.-Tetulmari, Dist.-Dhanbad .... Petitioner Versus W.P. (C) No.6149 of 2017 and other allied cases 6 1. Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Principal Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6848 of 2017 Kishore Kumar Mahto, son of late Govind Mahto, resident of Mantand, P.O. & P.S.-Topchanchi, Dist.-Dhanbad .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Principal Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 6923 of 2017 Kripa Sindhu Jha, son of late Balram Jha, resident of Village- Tutulmari, P.O.-Sijua, P.S.-Tetulmari, Dist.-Dhanbad .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman W.P. (C) No.6149 of 2017 and other allied cases 7 2. Principal Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Building, H.E.C. Dhurwa, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 3856 of 2018 Baba Bricks, a Propreitorship concern having its place of business at Village-Kaitha, P.O.-Kaitha, P.S. & Dist.-Ramgarh through its Proprietor Birendra Kumar Sahu (Aged about 47 years), son of Hari Prasad Sahu, resident of Village-Dunda, P.O.-Chuttupalu, P.S.- Ormanjhi, Dist.-Ranchi .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Member Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.- Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 3864 of 2018 Raj Kumar Mahto, (Aged about 22 years), son of late Chandu Mahto, resident of Village-Kaitha, P.O.-Kaitha, P.S. & Dist.- Ramgarh .... Petitioner Versus W.P. (C) No.6149 of 2017 and other allied cases 8 1. Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Member Secretary, Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.- Jagannathpur, Dist.-Ranchi …. Respondents With W.P. (C) No. 3871 of 2018 Ms/ Shankar Bricks Works, through its Proprietor Shankar Singh (Aged 42 years), son of Parmeshwar Singh, resident of Bharech Nagar, Sandi Chowk, P.O.-Bharech Nagar, P.S.-Mandu, Dist.- Ramgarh .... Petitioner Versus 1. Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.-Jagannathpur, Dist.-Ranchi, through its Chairman 2. Member Secretary Jharkhand State Pollution Control Board, having its office at Town Administration Division Building (Ground Floor), H.E.C. Campus, P.O.-Dhurwa, P.S.- Jagannathpur, Dist.-Ranchi …. Respondents P R E S E N T
Legal Reasoning
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. W.P. (C) No.6149 of 2017 and other allied cases 9 For the Petitioners For the Respondents : Mr. Shankar Lal Agarwal, Advocate : Mrs. Richa Sanchita, Advocate : Ms. Riya Narain, Advocate : Ms. Risheeta Singh, Advocate : Mr. Rahul Saboo, Advocate ….. By the Court:- 1. 2. 3. 4. Heard the parties. Learned counsel for the writ petitioners seeks permission of this Court to correct the name of the respondent no.2 in W.P. (C) No.6024 of 2017, W.P. (C) No.6090 of 2017, W.P. (C) No.6091 of 2017, W.P. (C) No.6545 of 2017, W.P. (C) No.6800 of 2017, W.P. (C) No.6808 of 2017, W.P. (C) No.6809 of 2017, W.P. (C) No.6848 of 2017 and W.P. (C) No.6923 of 2017 which has been written as Principal Secretary, Jharkhand State Pollution Control Board instead of the correct designation being the Member Secretary, Jharkhand State Pollution Control Board. Permission is accorded. The petitioners are directed to carry out the necessary correction in the cause title of W.P. (C) No.6024 of 2017, W.P. (C) No.6090 of 2017, W.P. (C) No.6091 of 2017, W.P. (C) No.6545 of 2017, W.P. (C) No.6800 of 2017, W.P. (C) No.6808 of 2017, W.P. (C) No.6809 of 2017, W.P. (C) No.6848 of 2017 and W.P. (C) No.6923 of 2017 during the course of the day. 5. All the writ petitions have been filed under Article 226 of the Constitution of India challenging the order passed by the W.P. (C) No.6149 of 2017 and other allied cases 10
Decision
respondent no.2 of all the writ petitions wherein in compliance of the order of National Green Tribunal, Kolkata passed in O.A. No. 110/2015/EZ in the matter of Joydeep Mukherjee vs. The Pollution Control Board & Anr. dated 15.02.2017, the writ petitioners have been directed to deposit ₹1,00,000 in some cases and ₹1,50,000/- each in other cases, towards environmental compensation drawn in favour of respondent no.2. 6. It is the case of the writ petitioners that they are not the units to whom the order passed by the NGT, Kolkata in the said O.A. No. 110/2015/EZ dated 15.02.2017 is applicable and seeks permission of this Court to withdraw all the writ petitions with liberty to submit fresh representations to the respondent no.2; claiming that they are not the units to whom the order passed by the NGT, Kolkata is applicable and submits that respondents be directed to dispose of the said representation to be filed by the petitioners within the reasonable time. 7. 8. Learned counsel for the respondents has no serious objection. Considering the aforesaid facts, the petitioners are permitted to withdraw all the writ petitions with liberty to submit fresh representations to the respondent no.2; within three weeks and in case, such representation is submitted, the respondent no.2 is directed to dispose of the same by speaking orders, in accordance W.P. (C) No.6149 of 2017 and other allied cases 11 with law within the period of six weeks; from the date of receipt of such representations. 9. All the writ petitions are disposed of accordingly. High Court of Jharkhand, Ranchi Dated the 30th April, 2024 AFR/Sonu-Gunjan/- (Anil Kumar Choudhary, J.) W.P. (C) No.6149 of 2017 and other allied cases 12