Jharkhand High Court
Sanjay Sahani vs The State Of Jharkhand & Ors. ... ... Opp. ... on 5 July, 2022
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No.672 of 2020
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Sanjay Sahani .... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Opp. Parties
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner :Mr. Surendra Pd. Sinha, Advocate For the State :Mr. Rajesh Kr. Singh, AC to SC(L&C)-II
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Order No. 08/Dated 5th July, 2022 Learned counsel appearing for the petitioner seeks permission to implead the Member Secretary, State Level Expert Appraisal Committee (SEAC) as opposite party respondent to the instant proceeding.
The instant contempt case has been filed under Section 11 and 12 of the Contempt of Courts Act, 1971 for willful and deliberate non-compliance of the orders dated 23.01.2019 passed in W.P.(C) No.5928 of 2018.
The writ petitioner impleaded the Respondent No.4, i.e., Member Secretary, District Level Environment Impact Assessment Authority and accordingly, the writ petition was disposed of granting liberty to the writ petitioner to raise his grievance within two weeks from the date of receipt of copy of the order which shall be looked into by such authority by taking appropriate decision in 2 accordance with law and pass order within six weeks from the date of receipt of copy of the order.
The instant contempt case has been filed since no decision has been taken in terms of the order dated 23.01.2019 passed in W.P.(C) No.5928 of 2018.
Show cause has been filed on behalf of the opposite party nos. 2 and 3 on 04.03.2022 and 22.04.2022 wherein it has been stated that the representation since was filed before Respondent No.4, the Member Secretary, District Level Environment Impact Assessment Authority has expressed its inability in taking the decision, hence the matte was referred to the Regional Officer, Jharkhand Pollution Control Board to take final decision.
The Regional Officer, Jharkhand Pollution Control Board, has not taken any decision, therefore, an order was passed wherein on the basis of the submission made on behalf of learned counsel appearing for the Jharkhand Pollution Control Board to the effect that the Regional Officer, Jharkhand Pollution Control Board will pass order within two weeks from the date of receipt of copy of the order.
Subsequent to the aforesaid order, a supplementary show cause has been filed on 22.04.2022 wherein stand has been taken that the Regional Officer, Jharkhand State Pollution Control Board is not the competent authority to 3 take decision, rather, the State Level Expert Appraisal Committee (SEAC) is the competent authority to take decision regarding grant of Environmental Clearance to such kind of projects.
It has further been stated therein that the Regional Officer has communicated his decision vide letter No.275 dated 19.04.2022 as also requested the SEAC vide letter No.274 dated 19.04.2022 to take necessary action for compliance of the direction issued by this Court and to provide information to the Board at the earliest.
No affidavit has been filed apprising this Court about the final outcome/decision as per the request made by the Regional Officer, Jharkhand State Pollution Control Board vide its letter dated 19.04.2022.
Accordingly, let the Member Secretary, State Level Expert Appraisal Committee (SEAC) appear in person on the next date of hearing.
Let this matter be posted on 0707.2022.
Learned counsel appearing for the opposite party- State is directed to communicate the order to the Member Secretary, State Level Expert Appraisal Committee (SEAC).
(Sujit Narayan Prasad, J.) Birendra/