National Green Tribunal
Rana Singh Chouhan vs State Of Jharkhand & Ors on 14 March, 2023
Item No. 4 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 205/2022
Rana Singh Chouhan ...Applicant
Versus
State of Jharkhand & Ors. ...Respondents
Date of hearing: 14.03.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None for the applicant.
Respondents: Ms. Ekta Bharti, Advocate for respondent no. 4-
JSPCB.
Mr. Pruthvi Dhinoja, Advocate for respondent no. 6-
M/s Kathotia Coal Mines Hindalco Ltd.
Application is registered based on a complaint received by Post.
ORDER
1. The grievances in the present letter petition sent by Mr. Rana Singh Chouhan and other residents of village Padwa P.O- Rajhara Distt.- Palamu, Jharkhand are that Kathotia Coal Mines Hindalco Ltd., is illegally transporting coal through Ambey Mining Pvt., Ltd. from NH- 75 to Rajhara Coal Mines site by use of 100s of HYWA vehicles through narrow 10 feet wide road in thickly populated area day and night causing severe air and noise pollution. The dust generated is creating breathing problems for the inhabitants of the locality and is also damaging the green trees. Big trees O.A No. 205/2022 Rana Singh Chouhan Vs. State of Jharkhand. 2 have been illegally cut. Excessive coal mining has also led to huge mountains/heaps of coal dumps and water level has also depleted in the surrounding area resulting in shortage of drinking water causing hardships to the inhabitants and animals.
2. Vide order dated 22.04.2022, this Tribunal constituted a Joint Committee with direction to submit factual and action taken report. In compliance thereof the report of the Joint Committee has been filed vide email dated 10.10.2022.
3. Notices were ordered to be issued to respondents no. 1 to 6. As per office report, notices were duly served on the respondents. However, none has appeared for respondents no. 1 to 3 and 5 today.
4. Action Taken Report dated 17.01.2023 has been filed by respondent no. 4-State PCB vide email dated 17.01.2023. Reply affidavit has been filed by the respondent no. 6 vide email dated 28.02.2023.
5. In view of the averments in the application, observations in the report of the Joint Committee and reply of the respondent no. 6, we consider it appropriate to have response of (1) the Palamu, Jharkhand District Mineral Foundation Trust, State of Jharkhand through Collector, Government of Jharkhand, (2) M/s Ambey Mining Pvt. Ltd., who stand impleaded as respondents No. 7 and 8. The Registry is directed to amend the Memo of Parties attached to the application.
6. Notice be served on M/s Ambey Mining Pvt. Ltd., through the District Magistrate, Palamu and for this purpose notice issued to the M/s Ambey Mining Pvt. Ltd., be sent to the District Magistrate, Palamu by E-mail for O.A No. 205/2022 Rana Singh Chouhan Vs. State of Jharkhand. 3 getting service of the same effected on it and sending his report in this regard.
7. Reply/response be filed by respondents no. 7 and 8 within three months by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
8. In view of the significant nature and impact of the questions involved, we also consider it appropriate to have the assistance of some Advocate as amicus curie to assist this Tribunal in just and fair adjudication of the questions involved. Accordingly, Mr. B.P. Singh Jadaun, Advocate is appointed as amicus curie to assist this Tribunal in just and fair adjudication of the questions involved. The JHPCB shall pay Rs. 50,000/- to the amicus curie and also bear other expenses related to the economy class Air Ticket, Transportation, Boarding/Lodging, Photography etc.
9. List for further consideration on 12.07.2023.
10. In view of the facts and circumstance of the case, we consider personal appearance of the Regional Officer, JSPCB and officers duly authorized by respondents no. 6-M/s Kathotia Coal Mines Hindalco Ltd. physically or through VC, before this Tribunal on the next date of hearing to be essential for assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present physically or through VC before this Tribunal on that date.
11. A copy of this order along with the paper book be sent to Mr. B.P. Singh Jadaun, Advocate, amicus curie for her/his record and a copy of this order be also sent to the Secretary, MoEF&CC and the Jharkhand State Legal Service Authority for information/record. O.A No. 205/2022 Rana Singh Chouhan Vs. State of Jharkhand. 4
12. A copy of this order be sent to the JHPCB, the District Magistrate, Palamu and the respondent no. 6-M/s Kathotia coal Mines Hindalco ltd., by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM March 03, 2023 AG