National Green Tribunal
Amit Kumar Mit vs State Of Jharkhand on 2 April, 2025
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.48/2025/EZ
Amit Kumar Mit Applicant(s)
Versus
State of Jharkhand & Ors. Respondent(s)
Date of hearing: 02.04.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Mr. Anup Kumar Agrawal, Adv. (in Virtual Mode)
ORDER
1. Mr. Anup Kumar Agrawal, learned Counsel appearing (in Virtual Mode) is present for the Applicant.
2. The Applicant has filed this application seeking a direction to the respondents not to allow anyone to extract sand from the Sunder River and Geruwa River.
3. The Applicant is stated to be a resident of village Narottampur which is stated to be situated at Mahgama Block of Godda District; it is stated that there are several villages lying between Sunder River and Geruwa River including Narottampur and these villages are surrounded by the two rivers and there are four bridges allowing the villagers to cross the rivers; these bridges are stated to be in a dilapidated condition which may collapse any day.
4. It is stated that the land property Dag No.286, Village Narottampur, Mauza 467, Sangrampur Ghatt, Block Mahgama, Godda has been earmarked by the respondent authority for construction of a Police Station building.
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5. It is stated that the land is Gair Mazurwa-Aam land on which several huge trees and plants are standing and it is alleged that during the construction of the Police Station several trees big and small have been cut down and destroyed.
6. Photographs have been filed in respect of the allegations made.
7. Matter requires consideration.
8. Issue notice to the Respondents, returnable within four weeks.
9. Ms. Aishwarya Rajyashree, learned Counsel appearing (in Virtual Mode), accepts notice on behalf of the Respondent Nos.1, 2, 4, 6, 7, 8, 9, 10 and 11, State Respondents, Government of Jharkhand.
10. Mr. Ashok Prasad, learned Counsel appearing (in Virtual Mode), accepts notice on behalf of the Respondent No.3, State Environment Impact Assessment Authority (SEIAA), Jharkhand.
11. Mr. Surendra Kumar, learned Counsel who is present in Court, accepts notice on behalf of the Respondent No.5, Jharkhand State Pollution Control Board.
12. All the Respondents shall file their counter-affidavits within four weeks.
13. Considering the allegations made, we deem it appropriate to constitute a Fact Finding Committee comprising of the following Members:-
i. Senior Scientist, Jharkhand State Pollution Control Board;
and ii. District Magistrate, District - Godda, or his representative not below the rank of Additional District Magistrate (ADM)
14. The Committee shall visit the site in question and thereafter submit a Fact Finding Report on affidavit within three weeks with regard to the allegations made in the Original Application. 2
15. The District Magistrate, District - Godda shall be the Nodal office for all logistic purposes and for filing the Fact finding Report on affidavit.
16. We also direct the Applicant to implead the District Magistrate, District - Godda in the array of Respondents as Respondent No.12.
17. The Counsel for the Applicant shall serve e-copy/soft copy of the Original Application along with all its annexures upon Ms. Aishwarya Rajyashree, Mr. Ashok Prasad and Mr. Surendra Kumar, learned Counsel for the Respondents, within 24 hours.
18. List on 20.05.2025.
..................................... B. Amit Sthalekar, JM .............................................
Dr. Afroz Ahmad, EM April 02, 2025, Original Application No.48/2025/EZ OM 3