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Jharkhand High Court

Anil Kumar Pathak vs The State Of Jharkhand on 8 February, 2019

Author: Aniruddha Bose

Bench: Chief Justice, H.C. Mishra

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      W.P.(PIL) No. 6504 of 2018
                                         ----
         Anil Kumar Pathak, son of Gupteshwar Pathak, resident of village
         Lapra, P.O. and P.S. Mccluskiganj, District-Ranchi.
                                                      ..... Petitioner
                                        Versus
         1.The State of Jharkhand.
         2.Chief Secretary, Government of Jharkhand, Project Office,
         Dhurwa, P.O. & P.S. Dhurwa, District-Ranchi.
         3.Secretary, (Urban Development and Town Planning), Project
         Office, Dhurwa, P.O.& P.S. Dhurwa, District-Ranchi.
         4.Deputy Commissioner, Latehar having its office at Latehar, P.O.
         & P.S. Latehar, District-Latehar.
         5.Circle Officer, Latehar having its office at Latehar, P.O. & P.S.
         Latehar, District-Latehar.                   ..... Respondents
                                          -----
         Coram:             HON'BLE THE CHIEF JUSTICE
                          HON'BLE MR. JUSTICE H.C. MISHRA
                                         -----
         For the Petitioner             Mr. Krishna Kumar, Advocate
                                        Mr. Amit Sinha, Advocate
         For the Respondents            A.C to A.G
         Order No. 04/Dated : 8th      February, 2019
         Aniruddha Bose, C.J.

The petitioner in this proceeding framed as public interest litigation seeks shifting the location of a 'Solid Waste Retreatment Plant' intended to be setup in the village Harkha, District Latehar.

On behalf of the State, it is submitted that the plant is being set up on land of the State itself. It is further pointed out on behalf of the State that being mechanised plant, no pollution is likely to take place. There is no scientific evidence highlighted in the writ petition about pollution potential of such retreatment plant.

This being the position, we do not want to interfere with the administrative action of the State as regards selection of land for setting up a Solid Waste Retreatment Plant. Accordingly, the writ petition is dismissed. No order as to costs.

(Aniruddha Bose, CJ.) (H.C. Mishra, J) satyendra/amardeep