Jharkhand High Court
Prakash Chandra Yadav vs The State Of Jharkhand Through Its ... on 3 December, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
2025:JHHC:36284-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4665 of 2021
Prakash Chandra Yadav, aged about 60 years, S/o Late Anandi
Yada, R/o Netaji Subhash Colony @ Refugee Colony, P.O.Sahibganj,
P.S. Jirwabari(OP), District- Sahibganj Jharkhand.
... ... ... ... ... ... Petitioner
Versus
1. The State of Jharkhand through its Secretary, Department of Mines
and Geology, officiating from his office at Project Bhawan, P.O-
Jaganathpur, P.S-Jaganathpur, Dist-Ranchi
2. Jharkhand State Pollution Control Board officiating from his office
at Township Building, HEC Complex, Dhurwa, Ranchi P.O
Dhurwa, P.S. Jagarnathpur, Dist- Ranchi, Jharkhand.
... ... ... Respondents
With
W.P.(C) No. 4666 of 2021
Mantu Kumar Yadav aged about 58 years S/o Late Sahdev Prasad
Yadav, R/o Malpur, Prahladpur, P.O. and P.S- Ghoswadi, Dist-Patna,
Bihar-803212, in his capacity as the Partner of M/s Mineral India, a
registered partnership having its principal place of business at
Milkichand, P.O and P.S Bariarpur, Dist-Munger.
... ... ... ... ... ... Petitioner
Versus
1. The State of Jharkhand through its Secretary, Department of Mines
and Geology, officiating from his office at Project Bhawan, P.O-
Jaganathpur, . P.S-Jaganathpur, Dist-Ranchi
2. Jharkhand State Pollution Control Board officiating from his office
at Township Building, HEC Complex, Dhurwa, Ranchi P.O
Dhurwa, P.S. Jagarnathpur, Dist- Ranchi, Jharkhand.
... ... ... Respondents
---------
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
---------
For the Petitioners: Mr. Indrajit Sinha, Advocate
Mr. Ankit Vishal, Advocate
For the State: Mr. Piyush Chitresh, A.C. to A.G.
Mr. Gaurang Jajodia, AC to GP II
For the JSPCB: Mr. Rahul Saboo, Advocate
---------
Page 1 of 13
2025:JHHC:36284-DB
21/Dated: 03.12.2025
1) As both the writ petitions have been tagged by a judicial order, therefore, they are being heard together and are disposed of by common order.
2) The W.P.(C) No. 4665 of 2021 has been filed for grant of following reliefs:
a. For issuance of an appropriate writ(s), order(s) or direction(s), particularly in the nature of the certiorari, quashing the Memo no. B-1661 dated 4.10.2021 passed by the Member Secretary, Jharkhand Pollution Control Board, whereby the CTO (Consent to Operate) issued to the crusher unit of Petitioner vide Board's Reference no. JSPCB/HO/RNC/CTO8619298/2021/697 dated 19.05.2021 has been revoked and petitioner has been directed to close down his crusher unit with immediate effect under section 33(A) of Water the (Prevention and Control of Pollution) Act, 1974 and under section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981;
AND b. For issuance of an appropriate writ(s)/order(s) particularly or direction(s) in the nature of certiorari, for quashing the Memo no. B-1660 dated 04.10.2021 passed by Member Secretary, Jharkhand Pollution Control Board, whereby the CTO (Consent to Operate) issued to the crusher unit of Petitioner vide Board's Reference no. JSPCB/HO/RNC/CTO5338215/2020/64 dated 13.03.2020 has been revoked and petitioner has been directed to close down his crusher unit with immediate effect under section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and Page 2 of 13 2025:JHHC:36284-DB under section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981;
and c. For issuance of an appropriate writ(s), order(s) or direction(s), particularly in the nature of the (c) of certiorari for quashing the Memo no. B-1084 dated 11.08.2021 passed by Member Secretary, Jharkhand Pollution Control whereby Board, CTO(Consent to Operate) issued to the mining lease unit of petitioner vide Boards Reference no. JSPCB/RO/DMK/CTO1081879/2017/18 dated 25.01.2017 has been revoked and the petitioner has been directed to close down his mines unit with immediate effect under section 33(A) of the Water (Prevention Control and of Pollution) Act, 1974 and under section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981;
AND d. For issuance of an appropriate writ(s)/order(s) or direction(s) particularly a writ in the nature of mandamus to stay the operation of impugned orders being Memo no. B-1661 & B-1660 both dated 04.10.2021 & Memo no. B-1084 dated 11.08.2021 issued by the Member Secretary, Jharkhand State Pollution Control Board, and allow the Petitioner to operate their crusher plants and mining lease during the pendency of this writ petition;
AND/OR e. "For issuance of appropriate writs, orders and directions in the nature certiorari for quashing of the order dated March 25, 2025 bearing number 877, order dated March 25, 2025 bearing number 879 and bearing no. 880 as the same has been passed without adhering to the principles of natural justice and is wholly without jurisdiction"
Page 3 of 132025:JHHC:36284-DB AND f. For issuance of appropriate writs, orders and directions in the nature of mandamus to grant the CTO in favour of the Petitioner, the fee of which has been paid vide receipt no. 371644840 dated May 5, 2025 & receipt no. 741628283 dated May 2, 2025".
The W.P.(C) No. 4666 of 2021 has been filed for grant of following reliefs:
a. For issuance of an appropriate writ(s), order(s) or direction(s), particularly in the nature of the certiorari, for quashing of the Memo No. B-1070 11.08.2021 dated Member passed by Secretary, Jharkhand Pollution Control Board, whereby the CTO (Consent to operate) issued to the crusher unit of petitioner vide Board's Reference no. JSPCB/RO/DMK/CTO5338225/2020/837 dated 24.05.2020 has been revoked and petitioner has been directed to close down his crusher unit with immediate effect under section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and under section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981;
AND b. For issuance of an appropriate writ(s), order(s) or direction(s), particularly in the nature of the Mandamus, to stay the operation of impugned order being Memo no. B-1070 dated 11.08.2021 issued by the Member Secretary, Jharkhand State Pollution Control Board, and allow the Petitioner to operate his crusher plant during the pendency of this writ petition;
AND/OR c."For issuance of appropriate writs, orders and directions in the nature certiorari for quashing of the order dated March 25, 2025 bearing number Page 4 of 13 2025:JHHC:36284-DB 878 and order dated March 25, 2025 dated 881 (Annexure-5), as the same has been passed without adhering to the principles of natural justice and is wholly without jurisdiction and lacks any prudent reasoning;
AND/OR d. For issuance of appropriate writs, orders and directions in the nature of mandamus to grant the CTO in favour of the Petitioner, the fee of which has been paid vide receipt no. 172687101 dated February 17, 2025"
3) We shall have to reproduce the impugned notices Annexures-
5,6,7 and 9 of W.P.(C) No. 4665 of 2021 which read as under:
Annexure-5 JHARKHAND STATE POLLUTION CONTROL BOARD TOWNSHIP ADMINISTRATION BUILDING, HEC COMPLEX, DHURWA, RANCHI 834004 Telephone: 0651-2400850 (Fax)/ 2400851/2400852/2401847/2400979/2400139 Ref. No... Ranchi, Dated.
From.
Yatindra Kumar Das, Member Secretary.
To, Sri Prakash Chandra Yadav, M/s Prakash Chandra Yadav, Mauza - Gudwa, District-Sahebganj.
Sub: -Direction for Closure under section 33 (A) of the Water (Prevention and Control of Pollution) Act. 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981-Regarding.
Whereas, the Regional Officer, JSPCB Regional Office-Cum-Laboratory, Dumka along with his team had inspected your site on 30.09.2021 and has submitted his inspection report vide letter no 1342, Dated -30.09.2021.
Whereas, you have not complied the various specific and general conditions of the CTO issued to your unit vide ref no-JSPCB/HO/RNC/CTO-8619298/2021/697, dated 19.05.2021 which are as follows:-
1. Specific Condition No. 1 "That, the occupier shall construct and maintain pucca boundary wall and wind breaking wall of minimum ten feet height."
2. Specific Condition No. 5-"That, the occupier shall install plant and machineries within comprehensive covers and dust containment cum suppression system for provisional corporate of dust from stone crusher."
3. Specific Condition No. 9-"That, the occupier shall submit photographs of wind breaking wall, boundary wall and cover to screen and crusher at the time of submission of CTO application."
4. Specific Condition No. 11-"That, the occupier shall install online certified PM 10 analyser with onside display and will provide connectivity to JSPCB server within two month and is mandatory, failing which this CTO may be revoked."Page 5 of 13
2025:JHHC:36284-DB
5. General Condition No. 6 "That, the occupier shall install and maintain Central Ground Water Board/State Ground Water Directorate approved system of rain water harvesting- cum-ground water recharge and submit the photographic view of the structures within a month."
6. General Condition No. 8 "That, the occupier shall submit environmental statement with supporting stoichiometric calculations analyses reports, every year latest by 30th September of the next financial year."
Now, therefore, in view of the above and exercising the powers conferred under section 27 (2) of the Water (Prevention and Control of Pollution) Act, 1974 and under section 21(4) of the Air (Prevention and Control of Pollution) Act, 1981 the CTO issued to your Unit vide Board's Ref No. ISPCB/HO/RNC/CTO 8619298/2021/697, dated 19.05.2021 is hereby revoked, and you are, hereby, directed to close down your Unit with immediate effect by exercising the powers conferred under section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981.
Sd/-
(Yatindra Kumar Das)
Member Secretary
Memo No. B-1661 Ranchi Dated: 04.10.2021
Copy to: The Chairman, Jharkhand State Vidhut Vitran Nigam Ltd., Dhurwa, Ranchi/ Deputy Commissioner, Sahibganj/ D.M.O., Sahibganj / Regional Officer, JSPCB Dumka for information & necessary action.
Sd/-
(Yatindra Kumar Das) Member Secretary Annexure-6 JHARKHAND STATE POLLUTION CONTROL BOARD TOWNSHIP ADMINISTRATION BUILDING, HEC COMPLEX, DHURWA, RANCHI 834004 Telephone: 0651-2400850 (Fax)/ 2400851/2400852/2401847/2400979/2400139 Ref. No... Ranchi, Dated.
From.
Yatindra Kumar Das, Member Secretary.
To, Sri Prakash Chandra Yadav, M/s Prakash Chandra Yadav, (Stone Crushing) Mauza + P.S- Gudwa, District-Sahebganj.
Sub: -Direction for Closure under section 33 (A) of the Water (Prevention and Control of Pollution) Act 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981-Regarding.
Whereas, the Regional Officer, JSPCB Regional Office-Cum-Laboratary, Dumka along with his team had inspected your site on 30.09.2021 and has submitted his inspection report vide letter no 1342, Dated -30.09.2021.
Whereas, you have not complied the various specific and general conditions of the CTO issued to your unit vide ref no-JSPCB/HO/RNC/CTO-5338215/2020/640, dated 13.03.2020 which are as follows:-
1. Specific Condition No. 1 "That, the occupier shall construct and maintain pucca boundary wall and wind breaking wall of minimum ten feet height."
2. Specific Condition No. 5-"That, the occupier shall install plant and machineries within comprehensive covers and dust containment cum suppression system for provisional corporate of dust from stone crusher."
3. Specific Condition No. 9-"That, the occupier shall submit photographs of wind breaking wall, boundary wall and cover to screen and crusher at the time of submission of CTO application."Page 6 of 13
2025:JHHC:36284-DB
4. Specific Condition No. 11-"That, the occupier shall install online certified PM 10 analyser with onside display and will provide connectivity to JSPCB server within time line fixed by the Board and is mandatory, failing which this CTO may be revoked."
5. General Condition No. 6 "That, the occupier shall install and maintain Central Ground Water Board/State Ground Water Directorate approved system of rain water harvesting- cum-ground water recharge and submit the photographic view of the structures within a month."
6. General Condition No. 8 "That, the occupier shall submit environmental statement with supporting stoichiometric calculations analyses reports, every year latest by 30th September of the next financial year."
Now, therefore, in view of the above and exercising the powers conferred under section 27 (2) of the Water (Prevention and Control of Pollution) Act, 1974 and under section 21(4) of the Air (Prevention and Control of Pollution) Act, 1981 the CTO issued to your Unit vide Board's Ref No. JSPCB/HO/RNC/CTO -5338215/2020/640, dated 13.03.2020 is hereby revoked, and you are, hereby, directed to close down your Unit with immediate effect by exercising the powers conferred under section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981 Sd/-
(Yatindra Kumar Das)
Member Secretary
Memo No. B-1660 Ranchi, Dated 04.10.2021
Copy to: The Chairman, Jharkhand State Vidhut Vitran Nigam Ltd., Dhurwa, Ranchi Deputy Commissioner, Sahibganj/ D.M.O., Sahibganj / Regional Officer, JSPCB Dumka for information & necessary action.
Sd/-
(Yatindra Kumar Das) Member Secretary Annexure-7 JHARKHAND STATE POLLUTION CONTROL BOARD TOWNSHIP ADMINISTRATION BUILDING, HEC COMPLEX, DHURWA, RANCHI 834004 Telephone: 0651-2400850 (Fax)/ 2400851/2400852/2401847/2400979/2400139 Ref. No... Ranchi, Dated.
From.
Yatindra Kumar Das, Member Secretary.
To, Sri Prakash Chandra Yadav, M/s Hill Movement, At- Gudwa, P.S.- Sakrigali, District-Sahebganj.
Sub: -Direction for Closure under section 33 (A) of the Water (Prevention and Control of Pollution) Act. 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981-Regarding.
Whereas, the Hon'ble NGT, Principal Bench, New Delhi has directed in its order dated 23/09/2020 in O.A. No. 776/2018; 373/2019 and 23/2017/EZ to ensure compliance of Environmental Clearance ( EC) and Consent to Operate ( CTO) conditions of stone mines and crushers.
Whereas, the team of JSPCB had visited and assessed the Mines and Crushers of Sahebganj between 02/11/2020 to 07/11/2020 and pursuant upon that a show cause notice was issued to your unit at site by the Regional Officer, Regional Office, Dumka to appear in person at Board's Headquarter on 24/11/2020.
Whereas, this Show Cause hearing opportunity was not availed by your Unit on 24/11/2020 and no reply was submitted by you.
Whereas, a second show cause notice was then issued to this unit for appearance and filing show cause vide Board's Ref No.-B-123 dated 19-01-2021.
Whereas, the second Show Cause opportunity hearing was also not availed by your Unit. Neither any reply has been submitted in this regard.
Page 7 of 132025:JHHC:36284-DB Whereas, a final show cause notice was issued for the same purpose vide Board's Ref. No. B-309 dated 05/02/2021 but this opportunity was also not availed by the unit.
Now, therefore, in view of the above and exercising the powers conferred under section 33(A) of the Water ( Prevention and Control of Pollution) Act, 1974 and under section 31 (A) of the Air ( Prevention and Control of Pollution) Act, 1981; the CTO issued to your Unit vide Board's Ref. No. JSPCB/RO/DMK/CTO-1081879/2017/18 Dated 25.01.2017 is hereby revoked and you are directed to close down the Unit with immediate effect.
Sd/-
(Yatindra Kumar Das)
Member Secretary
Memo No. B-1084 Ranchi, Dated 11/08/2021
Copy to: The Deputy Commissioner, Sahibganj/District Mining Officer, Sahibganj for information & necessary Action.
Sd/-
(Yatindra Kumar Das) Member Secretary ANNEXURE-9 झारखण्ड राज्य प्रदू षण नियंत्रण पषष द JHARKHAND STATE POLLUTION CONTROL BOARD T.A. DIVISION BUILDING (GROUND FLOOR), HEC, DHURWA, RANCHI 834004 Phone: 0651-2400851/2400852/2400979/2401847 Fax-0651-2400850/138 Web site: www.jspcb.nic.in. e-mail: [email protected] Ref. No.PC/EC/DMK/14/2025/877 Ranchi, Dated.25/03/2025 From.
Rajeev Lochan Bakshi, Member Secretary.
To, Sri Prakash Chandra Yadav, M/s Prakash Chandra Yadav, Stone Crushing, Mauza- Gudwa, District-Sahebganj.
Sub: -Direction for Closure under section 33 (A) of the Water (Prevention and Control of Pollution) Act. 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981-Regarding.
Ref: Board's Letter No. B-932 dated 12/04/2023 & B-547 dated 28/02/2024 Whereas, due to the various non compliances of the Consent to Operate (CTO) and/or Environmental Clearance (EC) observed in your Unit and in light of the various directions issued by the Hon'ble NGT, Principal Hench, New Delhi in O. A. No. 23/2017/EZ, O. A. No 776/2018 and O. A. No. 373/2019 an interim Environmental Compensation for thirty (30) days period was calculated and levied on you amounting to INR 5,16,000/- (Rupees Five Lakhs Sixteen Thousand Only) vide Board's Ref. No. B-1609, dated 19.11.2019. It was further informed that the amount of Environmental Compensation may be reduced or increased as per the time taken for compliance and you were directed to submit the Environmental Compensation. The Board has not received the above said amount of interim Environmental Compensation till date Whereas, it was observed by the Board that your Unit was operational in violation to the environmental norms for 75 days till dated 01/02/2020 Whereas the Environmental Compensation against the Unit has been calculated in accordance with the recommendation of the Expert Committee, amounting to INR 17,57,812.00/- (Rupees Seventeen Lakhs Fifty Seven Thousand Eight Hundred Twelve Only).
Whereas, in view of the above and by exercising the powers vested under section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and under section 31(A) of the Page 8 of 13 2025:JHHC:36284-DB Air (Prevention and Control of Pollution) Act, 1981; it was directed vide Board's Ref. No. B-932 dated 12/04/2023 to deposit the amount of Environmental Compensation within 30 day issuance of the letter Whereas it was again directed vide Board's Ref. No. B-547 dated 28/02/2024 to submit the amount of Environmental Compensation amounting to INR 17,57,812.00 (Rupees Seventeen Lakhs Fifty Seven Thousand Eight Hundred Twelve Only).
Whereas, neither any representation nor the above said amount of Environmental Compensation has been received by the Board till date.
Now, therefore, in view of the above and by exercising the powers under section 33 (A) of the Water (Prevention and Control of Pollution) Act. 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981: the competent authority has been pleased to issue the following directions:-
a) To close down the operation of the unit with immediate effect till further orders.
b) To deposit the Environmental Compensation amounting to INR.17,57,812.00 (Rupees Seventeen Lakhs Fifty Seven thousand Eight Hundred Twelve Only), with the board within fifteen days of the issuance of this letter.
This issues with the approval of the competent authority.
Sd/-
(Rajeev Lochan Bakshi), Member Secretary Now, also we shall have to reproduce the impugned notices Annexures-3 and 5 of W.P.(C) No. 4666 of 2021 which reads as under:-
ANNEXURE-3 JHARKHAND STATE POLLUTION CONTROL BOARD TOWNSHIP ADMINISTRATION BUILDING, HEC COMPLEX, DHURWA, RANCHI 834004 Telephone: 0651-2400850 (Fax)/ 2400851/2400852/2401847/2400979/2400139 Ref. No... Ranchi, Dated.
From.
Yatindra Kumar Das, Member Secretary.
To, Sri Suresh Yadav, M/s Mineral India At- Gudwa, P.S.- Sakrigali, District-Sahebganj.
Sub: -Direction for Closure under section 33 (A) of the Water (Prevention and Control of Pollution) Act. 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981-Regarding.
Whereas, the Hon'ble NGT, Principal Bench, New Delhi has directed in its order dated 23/09/2020 in O.A. No. 776/2018; 373/2019 and 23/2017/EZ to ensure compliance of Environmental Clearance ( EC) and Consent to Operate ( CTO) conditions of stone mines and crushers.
Whereas, the team of JSPCB had visited and assessed the Mines and Crushers of Sahebganj between 02/11/2020 to 07/11/2020 and pursuant upon that a show cause notice was issued to your unit at site by the Regional Officer, Regional Office, Dumka to appear in person at Board's Headquarter on 24/11/2020.
Whereas, this Show Cause hearing opportunity was not availed by your Unit on 24/11/2020 and no reply was submitted by you.
Whereas, a second show cause notice was then issued to this unit for appearance and filing show cause vide Board's Ref No.-B-123 dated 19-01-2021.Page 9 of 13
2025:JHHC:36284-DB Whereas, the second Show Cause opportunity hearing was also not availed by your Unit. Neither any reply has been submitted in this regard.
Whereas, a final show cause notice was issued for the same purpose vide Board's Ref. No. B-312 dated 05/02/2021 but this opportunity was also not availed by the unit.
Now, therefore, in view of the above and exercising the powers conferred under section 33(A) of the Water ( Prevention and Control of Pollution) Act, 1974 and under section 31 (A) of the Air ( Prevention and Control of Pollution) Act, 1981; the CTO issued to your Unit vide Board's Ref. No. JSPCB/RO/DMK/CTO-5338225/2020/837 Dated 24.05.2020 is hereby revoked and you are directed to close down the Unit with immediate effect.
Sd/-
(Yatindra Kumar Das)
Member Secretary
Memo No. B-1070 Ranchi, Dated 11/08/2021
Copy to: The Deputy Commissioner, Sahibganj/District Mining Officer, Sahibganj for information & necessary Action.
Sd/-
(Yatindra Kumar Das) Member Secretary ANNEXURE-5 झारखण्ड राज्य प्रदू षण नियंत्रण पषष द JHARKHAND STATE POLLUTION CONTROL BOARD T.A. DIVISION BUILDING (GROUND FLOOR), HEC, DHURWA, RANCHI 834004 Phone: 0651-2400851/2400852/2400979/2401847 Fax-0651-2400850/138 Web site: www.jspcb.nic.in. e-mail: [email protected] Ref. No.PC/EC/DMK/14/2025/878 Ranchi, Dated.25/03/2025 From.
Rajeev Lochan Bakshi, Member Secretary.
To, Sri Suresh Yadav, M/s Mineral India (crusher) Mauza- Gudwa, District-Sahebganj.
Sub: -Direction for Closure under section 33 (A) of the Water (Prevention and Control of Pollution) Act. 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981-Regarding.
Ref: Board's Letter No. B-931 dated 12/04/2023 & B-534 dated 28/02/2024 Whereas, due to the various non compliances of the Consent to Operate (CTO) and/or Environmental Clearance (EC) observed in your Unit and in light of the various directions issued by the Hon'ble NGT, Principal Hench, New Delhi in O. A. No. 23/2017/EZ, O. A. No 776/2018 and O.A. No. 373/2019 an interim Environmental Compensation for thirty (30) days period was calculated and levied on you amounting to INR 2,58,000/- (Rupees Two Lakhs Fifty Eight Thousand Only) vide Board's Ref. No. B-1610, dated 19.11.2019. It was further informed that the amount of Environmental Compensation may be reduced or increased as per the time taken for compliance and you were directed to submit the Environmental Compensation. The Board has not received the above said amount of interim Environmental Compensation till date Whereas, it was observed by the Board that your Unit was operational in violation to the environmental norms for 75 days till dated 01/02/2020.
Whereas the Environmental Compensation against the Unit has been calculated in accordance with the recommendation of the Expert Committee, amounting to INR 17,57,812.00/- (Rupees Seventeen Lakhs Fifty Seven Thousand Eight Hundred Twelve Only).
Page 10 of 132025:JHHC:36284-DB Whereas, in view of the above and by exercising the powers vested under section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and under section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981; it was directed vide Board's Ref. No. B-931 dated 12/04/2023 to deposit the amount of Environmental Compensation within 30 days issuance of the letter Whereas it was again directed vide Board's Ref. No. B-534 dated 28/02/2024 to submit the amount of Environmental Compensation amounting to INR 17,57,812.00 (Rupees Seventeen Lakhs Fifty Seven Thousand Eight Hundred Twelve Only).
Whereas, neither any representation nor the above said amount of Environmental Compensation has been received by the Board till date.
Now, therefore, in view of the above and by exercising the powers vested under section 33 (A) of the Water (Prevention and Control of Pollution) Act. 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981: the competent authority has been pleased to issue the following directions:-
a) To close down the operation of the unit with immediate effect ill further orders.
b) To deposit the Environmental Compensation amounting to INR.17,57,812.00 (Rupees Seventeen Lakhs Fifty Seven thousand Eight Hundred Twelve Only), with the board within fifteen days of the issuance of this letter.
This issues with the approval of the Competent Authority.
Sd/-
(Rajeev Lochan Bakshi), Member Secretary झारखण्ड राज्य प्रदू षण नियंत्रण पषष द JHARKHAND STATE POLLUTION CONTROL BOARD TA DIVISION BUILDING (GROUND FLOOR, HEC, DHURWA RANCHI-834004 Phone 0651-2400851/2400852/2400973/2401847, Fax 061-2400850/138 Web site: www.jspcb.nic.in. e-mail: [email protected] Ref. No. PC/EC/ DMK/14/2025/881 Ranchi, Dated. 25/03/2025 From, Rajeev Lochan Bakshi, Member Secretary.
To, Sri Suresh Yadav, M/s Mineral India (Stone Mines) Mauza Gudwa, Disa-Sahebganj, Sub: of Direction of Closure under section 33(A) of the Water (Prevention and Control Pollution) Act, 1974 & under section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981-Regarding Ref: Board's Letter no. B-929 dated 12/04/2023 & B-556 dated 28/02/2024.
Whereas, due to the various non compliances of the Consent to Operate (CTO) and/or Environmental Clearance (EC) observed in your Unit and in light of the various directions issued by the Hon'ble NGT. Principal Bench, New Delhi in O. A. No. 23/2017/EZ, O. A. No. 776/2018 and O. A. No. 373/2019 an interim Environmental Compensation for thirty (30) days period was calculated and levied on you amounting to INR 3,75,000/- (Rupees Three Lakhs Seventy Five Thousand Only) vide Board's Ref-No. B-1613, dated 19.11.2019. It was further informed that the amount of Environmental Compensation may be reduced or increased as per the time taken for compliance and you were directed to submit the Environmental Compensation. The Board has not received the above said amount of interim Environmental Compensation till date.
Whereas, it was observed by the Board that your Unit was operational in violation to the environmental norms for 590 days till dated 30/06/2021 Whereas, the Environmental Compensation against the Unit has been calculated in accordance with the recommendation of the Expert Committee, amounting to INR 69,14,062.00/- (Rupees Sixty Nine Lakhs Fourteen Thousand Sixty Two Only).
Whereas, in view of the above and by exercising the powers vested under section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981; it was directed vide Board's Ref. No. Page 11 of 13 2025:JHHC:36284-DB B-929. dated 12/04/2023 to deposit the amount of Environmental Compensation within 30 days of issuance of the letter Whereas, it was again directed vide Board's Ref. No. B-556 dated- 28/02 2024 to submit the amount of Environmental Compensation amounting to INR 69,14,062.00/- (Rupees Sixty Nine Lakhs Fourteen Thousand Sixty Two Only).
whereas neither any representation nor the above said amount of Environmental Compensation has been received by the Board till date.
Now therefore, in view of the above and by exercising the powers vested under section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and under section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981: the Competent Authority has been pleased to issued the following directions
a) To close down the operation of the Unit with immediate effect till further orders,
b) To deposit the Environmental Compensation amounting to INR 69,14,062.00/-(Rupees Sixty Nine Lakhs Fourteen Thousand Sixty Two Only), with the Board within 15 days of issuance of this letter.
This issues with the approval of the Competent Authority.
Sd/-
(Rajeev Lohan Bakshi) Member Secretary
4) It would be noticed that the direction for closure have been issued by the pollution control board after finding certain discrepancies/irregularities which could conveniently be removed/remedied by the Projector that is the petitioners herein. As regards the Annexure-9 in W.P.(C) No. 4665 of 2021 and Annexure-5 in W.P.(C) No. 4666 of 2021, since the units of both the petitioners were already closed, therefore, there was no question of ordering its closure and as regards the environmental compensation, we are informed at the bar that the petitioners have already paid this amount under protest.
5) In the given facts and circumstances, we are of the considered view that the ends of justice would be met in case the respondent pollution control board carries out a fresh inspection within four weeks from today and in case the petitioners were found to be complying with the discrepancies as was pointed out earlier and no fresh irregularity/discrepancy is found, then the petitioners shall be permitted to operate its unit subject to the petitioners fulfilling the other eligibility including the consent Page 12 of 13 2025:JHHC:36284-DB to operate the unit, in question, subject to fulfillment of all terms and conditions under the relevant laws.
6) As regards Annexure-9 passed in W.P.(C) No. 4665 of 2021 and Annexure-5 passed in W.P.(C) No. 4666 of 2021, it is clarified that these orders will not come in the way of the authorities while considering the case of the petitioners afresh in accordance with law.
7) Accordingly, both the writ petitions are disposed of.
(Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) NAFR Sharda/MM 03/12/2025 Cp.02 Uploaded on 05.12.2025 Page 13 of 13