National Green Tribunal
Dhjwa Phad Bachaw Snghrsh Smiti vs State Of Jharkhand on 11 March, 2022
Item No. 03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.13/2022/EZ
Dhjwa Phad Bachaw Snghrsh Smiti Applicant(s)
Versus
State of Jharkhand & Ors. Respondent(s)
Date of hearing: 11.03.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Anoop Kumar Agrawal, Advocate
For Respondent(s) : Mr. Ashok Prasad, Advocate for R-3,
Mr. Aishwarya Rajyashree, Advocate for R-5
ORDER
1. Mr. Anoop Kumar Agrawal, learned Counsel for the Applicant is present through virtual court proceedings.
2. One affidavit dated 10.03.2022 has been filed by Respondent No.5, Deputy Commissioner, Palamu; same is taken on record.
3. In the affidavit, it has been stated that a High Level Committee has been formed by the Respondent No.5 to conduct an enquiry and the Committee is in the process of enquiring into the complaint which will be completed very shortly. It is also stated that if the Committee finds that the Respondent No.8 has violated environmental norms action will be taken against him as per law.
4. We find that the Committee which has been constituted by the Deputy Commissioner, Palamu is comprising of the following members:-
1. Additional District Magistrate, Palamu;
2. District Mining Officer, Palamu;
3. Sub-Divisional Officer, Sadar, Medininagar;
4. Circle Officer, Pandu and 1
5. Regional Officer, Jharkhand State Pollution Control Board
5. The learned Counsel for the Applicant is directed to implead the Jharkhand State Pollution Control Board in the array of respondents as Respondent No.9.
6. The Respondent No.9 may file his counter-affidavit by the next date of listing.
7. Along with the affidavit of Respondent No.5, documents which have been filed show that Environmental Clearance (EC) has been granted by SEIAA, Jharkhand for mining activity on Plot No.1046 at Village Kutmu, District Palamu, Jharkhand.
8. Mr. Aishwarya Rajyashree, learned Counsel prays for and is granted further two weeks time to place before the court the Committee Report.
9. We, therefore, direct that if the Committee finds that the Respondent No.8 is illegally carrying on mining activities on Plot No.1048 for which no Environmental Clearance (EC) has been granted, the Jharkhand State Pollution Control Board shall compute the Environmental Compensation as well as cost of restitution of the environment and the penalty liabilities to be imposed upon the Respondent No.8.
10. Mr. Anoop Kumar Agrawal, learned Counsel shall serve e-copy/soft copy of the original application along with its annexures upon Mr. Ashok Prasad, learned Counsel for Respondent No.3 within 24 hours.
11. No counter-affidavit has been filed by Respondent No.8 till date.
12. Mr. Anoop Kumar Agrawal, learned Counsel informs that the notice of Respondent No.8 has been served by Whatsapp and affidavit of service has been filed. However, neither Respondent No.8 is present 2 before us or is he represented by any counsel. The applicant shall serve notice and copy of the original application along with its annexures upon the Respondent No.8 by Registered Post within 48 hours.
13. The Respondent No.8 may file his counter-affidavit by the next date of listing.
14. List on 05.04.2022.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM March 11, 2022 Original Application No.13/2022/EZ MN 3