IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 5642 of 2010
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M/s. Bimaldeep Steel Pvt. Ltd.,
Adityapur, Jamshedpur ... ... Petitioner
Versus
1. Jharkhand State Pollution Control Board, Ranchi
2. The Member Secretary,
Jharkhand State Pollution Control Board, Ranchi... Respondents
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CORAM : HON'BLE MR. JUSTICE R. K. MERATHIA
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For the Petitioner : M/s. P. K. Prasad, Senior Advocate &
N. K. Pasari, Advocate
For the Respondents : M/s. Anil Kumar Sinha, Senior Advocate &
A. K. Pandey, Advocate
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6. 01.03.2011
: Mr. P. K. Prasad, learned senior counsel appearing for the
petitioner referred to the order dated 24.11.2010 and also the order
dated 01.02.2011 and submitted that petitioner has been compling with
the requirement of the Pollution Control Board (‘Board’ for short) and is
ready to comply if any requirement is left to be complied even though
some of them are not required to be followed by the petitioners as per
the law and the Board is going on adding the requirement.
On the other hand, Mr. A. K. Sinha, learned senior counsel
appearing for the Board referring to the said orders submitted that
petitioner agreed to comply with the requirements and that as per the
order dated 01.02.2011, an inspection was held in which it was found
that petitioner has not complied with them fully and the emission is
beyond the standard prescribed for pollution. He lastly submitted that
petitioner has got remedy of appeal and a joint appellate authority
under Water and Air pollution Act has been constituted.
When I indicated that it is not possible to decide the
dispute questions of fact under this writ jurisdiction, Mr. Prasad learned
senior counsel appearing for the petitioner sought permission to
withdraw this writ petition to enable the petitioner to file appeal, but he
submitted that the delay be condoned.
If the appeal is filed within two weeks from today along
with a limitation petition, it is expected that keeping in view pendency of
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this writ petition, the delay will be condoned. Petitioner is also
permitted to file application for interim order. The appeal and the
petition will be decided on their merits, in accordance with law after
giving opportunity of hearing to the parties, as early as possible. The
parties are directed to cooperate in early disposal of the
application/appeal.
With these observations and directions, this writ petition
stands disposed of.
(R. K. Merathia, J.)
R. Shekhar Cp 2