Jharkhand High Court
Ramlal Bhueeya vs The State Of Jharkhand & Ors on 23 September, 2021
Author: Ravi Ranjan
Bench: Chief Justice, Sujit Narayan Prasad
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (PIL) No.1054 of 2021
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Ramlal Bhueeya, S/o Sukhadev Bhuyea R/O Village Sukhbana tola Kewa, P.O.-Nawada P.S.-Garhwa District-Garhwa .... .... Petitioner Versus The State of Jharkhand & Ors. .... .... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mr. Rishi Pallav, Advocate For the Resp.-State : Mr. Piyush Chitresh, A.C. to A.A.G. For the Resp. No.7 : Mrs. Richa Sanchita, Advocate
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Oral Order 05/Dated : 23.09.2021 The matter has been heard through video conferencing and there is no complaint whatsoever regarding audio and/or video quality.
2. The instant writ petition has been filed by way of Public Interest Litigation praying inter-alia therein for direction upon the respondent specially respondent nos.4, 5, 6 and 8 not to construct dumping yard which is being constructed at Khata No.138, Plot No.71, Thana No.243, Village Sukhbana, P.O. & P.S. Garhwa, District Garhwa on the ground that the same is being constructed in violation of Solid Waste Management Rules, 2016.
3. Learned counsel appearing for the petitioner by referring to the inspection report annexed as Annexure-I to the counter affidavit filed on behalf of respondent no.7 i.e., Chairman, Jharkhand State Pollution Control Board has submitted that as yet no environmental clearance from the State Level Environmental Impact Assessment Authority 2 (SEIAA) and Consent to Establish (CTE) and Consent to Operate (CTO) from the Jharkhand State Pollution Control Board for the proposed site has been obtained.
4. In view of such report of Jharkhand State Pollution Control Board, learned counsel for the petitioner submits that now there is no dispute about the fact that the aforesaid project is restrained to be constructed for want of environmental clearance from the State Level Environmental Impact Assessment Authority (SEIAA) and Consent to Establish (CTE) and Consent to Operate (CTO) from the Jharkhand State Pollution Control Board.
5. Mr. Piyush Chitresh, learned A.C to A.G appearing for the State of Jharkhand has submitted that he will file counter affidavit giving para-wise reply to the averment made in the writ petition as also response to the counter affidavit filed on behalf of respondent no.7 on or before the next date of hearing.
6. Learned counsel for the petitioner submits that since there is no environmental clearance from the State Level Environmental Impact Assessment Authority (SEIAA) and Consent to Establish (CTE) and Consent to Operate (CTO) from the Jharkhand State Pollution Control Board, therefore, the respondents may be restrained from making further construction of the dumping yard in the land in question otherwise, if the construction will be allowed to be carried out, the same will be absolutely illegal and contrary to the statutory provision which provides environmental clearance from the State Level Environmental Impact Assessment Authority (SEIAA) and Consent to Establish (CTE) and Consent to Operate (CTO) from the Jharkhand State Pollution Control Board.
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7. This Court, after considering the aforesaid submissions and looking to the implication of obtaining environmental clearance from the State Level Environmental Impact Assessment Authority (SEIAA) and Consent to Establish (CTE) and Consent to Operate (CTO) from the Jharkhand State Pollution Control Board which admittedly has not been obtained by the concerned respondent before carrying out the construction work for construction of dumping yard over the land in question, is of the view that if the construction will be allowed to be carried out, the same will be contrary to the statutory provision which requires environmental clearance from the State Level Environmental Impact Assessment Authority (SEIAA) and Consent to Establish (CTE) and Consent to Operate (CTO) from the Jharkhand State Pollution Control Board and not only that if such construction will be allowed to be carried out due to want of environmental clearance from the SEIAA and Consent to Establish and Consent to Operate from the Jharkhand State Pollution Control Board, the same would also lead to misuse of public money in case environmental clearance will not be granted from the State Level Environmental Impact Assessment Authority (SEIAA) and Consent to Establish (CTE) and Consent to Operate (CTO) from the Jharkhand State Pollution Control Board.
8. Therefore, we are of the considered view that the restrainment order for carrying out the construction of dumping yard over the land in question is required to be made.
9. Accordingly, the respondents are restrained from making construction of dumping yard over the land in question till the next date of hearing.
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10. Put up this matter on 21.10.2021.
11. In the meanwhile, the State will file counter affidavit before the next date of hearing.
(Dr. Ravi Ranjan, C.J.) (Sujit Narayan Prasad, J.) Rohit/-