Jharkhand High Court
Eco Tech Coal Industries Pvt Ltd Through ... vs Mines And Geological Survey on 10 July, 2017
Author: Amitav K. Gupta
Bench: Amitav K.Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(C) No.1799 of 2017
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Eco Tech Coal Industries Pvt. Ltd., hving its office Opposite
Goel Ice Factory, Diamond Cinema Road, Rampur,P.O.P.S
Rampur, District-Rampur, Uttar Pradesh through its Director
Kavach Kumar Nirmal, s/o Sri Subhash Chandra, House
no.548,P.O.P.S. Kherrati Lal Mawanakla, District Meerut, Uttar
Pradesh. .....Petitioner.
Versus
1. State of Jharkhand, through Principal Secretary, Department
of Industry, Mines & Geology, having its office at Nepal Office,
P.O.P.S.Doranda, District-Ranchi.
2. Director, Directorateof Mines, Department of Industry, Mines
& Geology, having its office at Nepal Office, P.O.P.S.Doranda,
District-Ranchi.
3.Deputy Commissioner, Ranchi having its office at
Collectorate Building, Kutchery Road,P.O.G.P.O, P.S. & District-
Ranchi.
4.District Mining Officer, Ranchi, Collectorate Building,
Kutchery Road, P.O.GPO, P.S. Lalpur, District-Ranchi.
5.Assistant Mining Officer, Ranchi, Collectorate Office,
Kutchery Road, P.O.GPO, P.S. Lalpur, District-Ranchi.
6.Uniion of India, through Secretary, Ministry of Environment,
Forest & Climate Change, having its office at Indira Paryavaran
Bhavan, Jorbah Road, P.O. & P.S Jorbagh Road, New Delhi-
110003.
7.State Level Environment Impact Assessment Authority,
Jharkhand, having its office at C 170, Road no.04, Ashok
Nagar, P.O. P.S. Argora, District-Ranchi, Jharkhand.
8. State Expert Appraisal Committee, Jharkhand, having its
office at C 170, Road no.04, Ashok Nagar, P.O. P.S. Argora,
District-Ranchi, Jharkhand.
.... Respondents.
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CORAM: HON'BLE MR.JUSTICE AMITAV K.GUPTA
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For the Petitioner :M/s.Indrajit Sinha & A.K.Sah, Advocates.
For Union of India :M/s.Prashant Vidyarthy,C.G.C
For respondent/State:Mr.Bhanu Kumar, Advocate.
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04/10.07.2017In the instant writ petition, the petitioner is seeking issuance of an appropriate direction upon respondents no.7 and 8, namely, State Level Environment Impact Assessment Authority, Jharkhand and State Expert Appraisal Committee, Jharkhand for passing appropriate order on the application dated 14.12.2015 (Annexure-9 to this writ petition) pending before the Member Secretary, State Level Environment Impact Assessment Authority, Jharkhand.
2. Learned counsel appearing on behalf of Union of India has submitted that the matter is pending with the State Level 2. Environment Impact Assessment Authority and only when decision is taken by the concerned authority it can be looked into by the Ministry of Environment, Forest & Climate Change, Government of India, New Delhi.
3. Mr. Bhanu Kumar, learned counsel appearing on behalf of respondents no.7 and 8 has submitted that the concerned authority could not take appropriate decision till date because the petitioner has not met the queries raised by the authority as to whether it runs a single mine or is involved in cluster mining. That the petitioner has remedy for redressal of its grievance before appropriate authority and at this stage the writ petition is not maintainable.
4. Heard. It is evident that till date respondent nos.7 and 8 have not taken any decision on the application filed by the petitioner on 14.12.2015 which is at Annexue-9 to this writ petition. Accordingly, the petitioner is at liberty to file a fresh representation before respondent nos.7 and 8 who shall pass a reasoned and speaking order in accordance with the the Circular, Rules, Notification and law within two months from the date of filing of the representation.
5. With the aforesaid direction the writ petition is disposed of.
6. Let a copy of this order be handed over to learned counsel for the State and Union of India.
(Amitav K. Gupta,J) Biswas.