Jharkhand High Court
Kamta Prasad Singh vs The State Of Jharkhand And Ors on 1 November, 2017
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, B.B. Mangalmurti
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 1806 of 2015
Court on its own motion --- Petitioner
Versus
The State of Jharkhand & Others --- Respondents
With
W.P.(PIL) No. 290 of 2013
Hemant Kumar Shikarwar --- Petitioner
Versus
The State of Jharkhand & Others --- Respondents
With
W.P.(PIL) No. 5328 of 2016
Kamta Prasad Singh --- Petitioner
Versus
The State of Jharkhand & Others --- Respondents
---
CORAM : HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE B.B. MANGALMURTI
For the Petitioner : Mr. Indrajit Sinha, Amicus Curiae
For the Respondent-State : Mr. Ajit Kumar, Advocate General
25/01.11.2017Learned Advocate General has informed us of the exercise being undertaken by District Environment Impact Assessment Authority as per the guidelines issued by the Ministry of Environment, Forest and Climate Change notification dated 15.01.2016 read with notification dated 20.01.2016 issued under the provisions of Section 3(3) of the Environment (Protection) Act, 1986 and the Environment Impact Assessment notification No. 1533 dated 14.09.2006. Up till date, District Survey Reports from various districts specifically in relation to the minor mineral sand have been obtained and are being studied. Lacunae in one or the other reports are also being identified for being cured by the concerned DEIAAs.
The DEIAA is the designated authority in terms of Clause 7(iii) of EIA Notification of 2006 as amended by Notification dated 15.01.2016. The notifications are also enclosed to the affidavit filed today by the respondent State. Learned Advocate General and the learned Amicus Curiae have placed the provisions of these notifications which lay down the constitution of the DEIAA under Clause 3A and also the District Level Expert Appraisal Committee (DEAC). We may notice here that as per the constitution of the DEIAA the District Magistrate is the Chairperson; Sub-Divisional Magistrate the Member Secretary; Two members to be the senior most Divisional Forest Officer and one expert as per Sub Clause 3A(4); The expert shall be nominated by the Divisional Commissioner of the Division or Chief Conservator of Forest, as the case may be; The term and qualifications of the expert fulfilling the eligibility criteria are given in Appendix-VII to this notification; As per Sub-Clause (5) the members of DEIAA who are serving officers of the concerned State Government or the Union Territory Administration shall be ex- officio members except the expert member; Appendix-VII lays down the qualification, experience and the fields as well from which the experts are to be drawn in DEIAA and DEAC. It is evident that the DEIAA has been entrusted with an important and serious exercise of preparation of District Survey Reports to evaluate the reserve potential of minor minerals in the State. The significance of DEIAA and DEAC cannot be lost sight of as ultimately the exercise of evaluation of the reserves of minor minerals in the State would determine the decisions relating to its exploitation keeping into mind the settled principles of inter-generational equity and sustainable development. The notification is quite comprehensive in respect of the object of preparation of the District Survey Report as would appear from the provisions and the appendix enclosed thereto. The salutary guidelines laid therein therefore needs to be observed scrupulously by the authorities conducting the exercise. Learned Advocate General has submitted that the exercise of preparation of District Survey Reports, not only of sand but other minor minerals, being a comprehensive and intensive exercise, may require some more time.
We can appreciate the intensity and thoroughness of the exercise which are required to be undertaken in such matter where the natural resources of the State held as a public trust by the State are to be ultimately exploited and also preserved for future generations. This being a continuing exercise, we expect the respondent State authorities to submit a further progress report in this regard after a period of four weeks. The affidavit containing the progress report should also address the aspects noted hereinabove.
We also expect the State to formalize the minor mineral policy in an expeditious manner after consideration of the opinions received on the draft policy within a reasonable time.
We post the matter for 6th of December, 2017 as an unfixed case.
(Aparesh Kumar Singh, J.) (B.B. Mangalmurti, J.) Birendra/R.S.