National Green Tribunal
Geeta Devi vs State Of Jharkhand on 4 February, 2025
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.150/2024/EZ
(Earlier O.A. No.316/2024/PB)
Geeta Devi Applicant(s)
Versus
State of Jharkhand Respondent(s)
Date of hearing: 04.02.2025
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : None
For Respondent(s) : Mr. Surendra Kumar, Advocate for R-2,
Mr. Rajib Ray, Advocate for R-3,
Ms. Aishwarya Rajyashree, Advocate for R-4 (in Virtual Mode),
Mr. Anoop Kr. Mehta, Advocate for R-5
ORDER
1. Case called out. No one is present for the Applicant.
2. Affidavit dated 27.01.2025 has been filed by the Respondent No.5, Bharat Coking Coal Limited (BCCL); the same is taken on record.
3. Notice was issued to the Applicant, Ms. Geeta Devi on 07.11.2024 on the address given in her letter petition.
4. Mr. Rajib Ray, learned Counsel appearing on behalf of the Respondent No.3, Central Pollution Control Board, has filed the track consignment report which shows service of notice on Ms. Geeta Devi on 13.12.2024, therefore, service on the Applicant shall be deemed to be sufficient.
5. We took up this case for arguments since pleadings were complete.
However, we could not understand what the Committee is trying to say in the Inspection Report filed by the Joint Committee with the affidavit of Central Pollution Control Board (CPCB). We have not 1 been able to understand from the report of the committee as to what is the extent of violation of the Respondent No.5, Bharat Coking Coal Limited (BCCL). The report should have been very specific with regard to the violations committed by the Respondent No.5, if any, particularly, inter alia, indicating the number of vehicles belonging to Bharat Coking Coal Limited (BCCL) or hired by BCCL, the number of vehicles contributing to the violations within the area operated by BCCL.
6. We, therefore, direct the Respondent No.3, Central Pollution Control Board to file affidavit indicating the specific violations by Bharat Coking Coal Limited (BCCL) instead of referring to general allegations noted by National Environmental Engineering Research Institute (NEERI).
7. The Respondent No.2, Jharkhand State Pollution Control Board has also filed its affidavit bringing on record the same Joint Committee Report that has already been filed by the Central Pollution Control Board (CPCB).
8. List on 09.04.2025.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM February 04, 2025, Original Application No.150/2024/EZ (Earlier O.A. No.316/2024/PB) OM 2