National Green Tribunal
Bhumi Adhigrahan Visthapan Avam ... vs State Of Jharkhand on 14 July, 2022
Item No. 03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
Original Application No.54/2022/EZ
Bhumi Adhigrahan visthapan Avam
Punarvas Kisan Samiti Applicant(s)
Versus
State of Jharkhand &Ors. Respondent(s)
Date of hearing: 14.07.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Ms. Paushali Banerjee, Advocate
For Respondent(s) : Mr. Ashok Prasad, Advocate for R-4/SEIAA,
Mr. Surendra Kumar, Advocate for R-5,
Ms. Aishwarya Rajyashree, Advocate
for State of Jharkhand (in Virtual Mode)
ORDER
1. Ms. Paushali Banerjee, learned Counsel is present for the Applicant.
2. Affidavit filed by State Mineral Development Corporation, dated 22.06.2022, has been filed by one Mr. Dharmendra Kumar Mehta who is stated to be Sand In-charge at the Jharkhand State Mineral Development Corporation Limited.
3. The Supreme Court has issued clear direction that affidavits which will be filed in Court, should not be sworn by any Officer below the rank of Joint Secretary or equivalent in the State. We, therefore, reject this affidavit.
4. The Jharkhand State Mineral Development Corporation Limited is granted 10(Ten) days time for filing a proper affidavit.
5. Ms. Paushali Banerjee, learned Counsel for the applicant has placed before us the letter dated 05.07.2022, issued by the General 1 Manager, Jharkhand State Mining Development Corporation Limited, wherein it is mentioned that the process for selection of Category-B sand mining Ghat has not yet been completed.
6. We may remind the Respondent No.3 to bear in mind the direction given by the Tribunal in Para-15 of its Order dated 13.05.2022.
7. Mr. Ashok Prasad, learned Counsel for the State Level Environment Impact Assessment Authority (SEIAA), prays for and is granted four weeks time for filing the affidavit.
8. Mr. Surendra Kumar, learned Counsel for the Jharkhand State Pollution Control Board also prays for and is granted four weeks time for filing counter-affidavit.
9. List on 25.08.2022.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM July 14, 2022, Original Application No.54/2022/EZ BD 2