IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 45 of 2011
with
W. P. (C) No. 6499 of 2010
with
W. P. (C) No. 58 of 2011
with
W. P. (C) No. 381 of 2011
with
W. P. (C) No. 398 of 2011
with
W. P. (C) No. 399 of 2011
with
W. P. (C) No. 431 of 2011
with
W. P. (C) No. 490 of 2011
with
W. P. (C) No. 874 of 2011
with
W. P. (C) No. 1164 of 2011
with
W. P. (C) No. 1179 of 2011-
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M/s. Sushila Sponge Pvt. Ltd ... Petitioner (WPC 45/2011)
Core Minerals ... Petitioner(WPC 6499/2010)
M/s. Jamshed Iron & Steel (P) Ltd. ... Petitioner(WPC 58/2011)
M/s. MJM Minerals Pvt. Ltd. ... Petitioner(WPC 381/2011)
M/s. Baidyanath Metaliks Pvt. Ltd. ... Petitioner(WPC 398/2011)
M/s. Maa Tarini Ores Private Ltd. ... Petitioner(WPC 399/2011)
M/s. Maa Kalyani Minerals ... Petitioner(WPC 431/2011)
Associated Coke Plant (P) Ltd. ... Petitioner(WPC 490/2011)
Maa Vindhyawasini Metals ... Petitioner(WPC 874/2011)
M/s. Swati Mining Pvt. Ltd. ... Petitioner(WPC 1164/2011
and W.P.C. 1179 of 2011)
Versus
State of Jharkhand and others ... ... Respondents
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CORAM : HON'BLE MR. JUSTICE R. K. MERATHIA
---
For the Petitioner : M/s. R. S. Mazumdar, Jai Prakash, Senior
Advocate and S. L. Agrawal &
Yogesh Modi, Advocate
For the Respondents : M/s. A. K. Sinha, Advocate General &
A. K. Pandey, Advocate
For Union of India : Mr. M. Khan, ASGI
---
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6. 20.04.2011
: After hearing the parties at length, when it was indicated
that I am not inclined to interfere in these matters under writ
jurisdiction, learned counsel for the petitioners submitted that in view of
the statements made in paragraph 12 of the affidavit filed by
respondents-State and Pollution Board on 18.04.2011, the petitioners
may be permitted to move the Central Pollution Control Board.
Paragraph 12 reads as follows:
“12. That, with reference to the statement made in para 11 of
the counter affidavit filed on behalf of respondent no. 6, The Union of
India, Ministry of Environment and Forest under reply, the answering
respondent state that the instant matter may be referred to the Central
Pollution Control Board regarding the environmental status at the site
for the proper adjudication of the instant matter and all the parties be
directed to place their case before the Central Pollution Control
Board.”
Accordingly, the petitioners/other aggrieved persons, are
permitted to move the Central Pollution Control Board, which will pass
orders after giving opportunity of hearing to the parties, and in
accordance with law, as early as possible and preferably within a
period of two months from the date of receipt of representations by the
petitioners. It goes without saying that the Board may hold
inspection/inquiry, if it thinks proper.
With these observations and directions, these writ petitions
are disposed of.
(R. K. Merathia, J.)
R. Shekhar Cp 2