Public interest litigation sought cancellation of the auction for the Bhangaon Mineral Block in Saranda Forest on the ground it falls within an elephant corridor. The court noted the Letter of Intent had lapsed and a separate PIL covering elephant habitat protection was pending, and dismissed the petition.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 1441 of 2018
Matlub Alam, S/o Mahboob Alam, R/o Masjid Mohalla, Near Jama Masjid, Chaibasa, P.O. & P.S.- Chaibasa, District- West Singhbhum … … Petitioner
Versus
1. The State of Jharkhand
2. The Secretary, Department of Mines & Geology, Government of Jharkhand, Project, Bhawan, Dhurwa, Ranchi 3. The Director, Department of Mines & Geology, Government of Jharkhand, P.O.- Hinoo, P.S.- Doranda, Ranchi 4. The Secretary, Department of Forest & Environment, Van Bhawan, P.O.- Hinoo, P.S.- Doranda, Ranchi
5. The Principal Chief Conservator, Forest Van Bhawan, P.O.- Hinoo, P.S.- Doranda, Ranchi 6. The Divisional Forest Officer, Saranda, P.O. & P.S.Chaibasa, District- West Singhbhum 7. The Secretary, Ministry of Environment & Forest, Government of India, P.O.- Hinoo, P.S.- Doranda, Ranchi 8. The Union of India 9. The Secretary, Pollution Control Board, New Engineer Hostel, P.O.- Dhurwa, P.S.- Jagarnathpur, Ranchi 10. South West Mining Ltd., registered office at JSW Mining Office, Near Talur Cross, Vidhyanagar, Toranagallu, District Bellary, Karnataka, through its authorized signatory Sri Naveen Kumar Ojha … … Respondents
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the petitioner : Mr. Rajeev Kumar, Adv. For the Resp. Nos. 1 to 6 : Mr. Sanjay Kr. Tiwari, S.C.-I Mr. Mihir Kunal Ekka, AC to S.C.-I For the Resp. Nos. 7 to 8 : Mr. Prashant Pallav, D.S.G.I. Ms. Shivani Jaluka, AC to D.S.G.I. For the Resp. No. 10 : Mr. Indrajit Sinha, Adv. Mr. Rohit Roy, Adv.
10/12.03.2024 Heard Mr. Rajeev Kumar, learned counsel appearing for the petitioner, Mr. Sanjay Kr. Tiwari, learned S.C.-I for the respondent nos. 1 to 6, Mr. Prashant Pallav, learned Deputy Solicitor General of India appearing for the respondent nos. 7 and 8 and Mr. Indrajit Sinha, learned counsel appearing for the respondent no. 10.
In this Public Interest Litigation a prayer has been made for cancellation of the entire auction pursuant to NIT dated 04.01.2018 issued for auction of Bhangaon Mineral
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Block of Saranda Forest of District West Singhbhum as it falls within the Elephant corridor and has already caused enough damage to the environment. A further prayer has been made to stay the NIT dated 04.01.2018 as auction of Bhangaon Mineral Block in the Saranda Forest of District West Singhbhum is contrary to the spirit of the orders of the Hon’ble Supreme Court as well as for protecting the Elephant corridor as the said Mineral Block is encroaching upon the habitat of the Elephants.
Mr. Rajeev Kumar, learned counsel appearing for the petitioner has submitted that with respect to the encroachment in the Elephant corridor and the habitat of the Elephants being shrinked on account of encroachment by the villagers the same has led to several deaths due to Elephant attacks for which a separate Public Interest Litigation has already been preferred by him being W.P.(PIL) No. 369 of 2024.
Mr. Indrajit Sinha, learned counsel appearing for the respondent no. 10 has submitted that the Letter of Intent issued pursuant to NIT dated 04.01.2018 has already lapsed for which a separate writ application has been preferred. It has been submitted that this writ application itself has become infructuous on account of the same and moreover similar issue with respect to protecting the Elephants corridor is already pending as stated by the learned counsel for the petitioner.
In view of the submissions advanced by the learned counsel for the respective parties, it appears that so far as the cancellation of the entire auction process pursuant to NIT dated 04.01.2018 seems to have faced a road block as the Letter of Intent which was issued has already lapsed. Moreover, the primary aim of the petitioner in this Public Interest Litigation is for protecting the Elephant Corridors and preventing the human encroachment upon the Elephant habitats. The Public Interest Litigation which has been filed
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by the petitioner as submitted by Mr. Rajeev Kumar, learned counsel appearing for the petitioner being W.P.(PIL) No. 369 of 2024 primarily deals with the shrinking of the Elephant habitats and the resultant deaths on account of Elephant attacks. The prayer made in W.P.(PIL) No. 369 of 2024 is also a part of the prayer made by the petitioner in the present Public Interest Litigation and moreover considering the fact that the Letter of Intent has already lapsed, we are, in view of the aforesaid, not inclined to proceed further in this Public Interest Litigation, which accordingly stands dismissed.
(Rongon Mukhopadhyay, J.)
(Deepak Roshan, J.)
Alok/-
2 issues framed by the court
Whether the auction pursuant to NIT dated 04.01.2018 for the Bhangaon Mineral Block in Saranda Forest should be cancelled as it encroaches on an elephant corridor.
Whether the PIL should proceed given that the Letter of Intent issued under the NIT has already lapsed.
Matlub Alam
The State of Jharkhand
The Secretary, Department of Mines & Geology, Government of Jharkhand
The Director, Department of Mines & Geology, Government of Jharkhand
The Secretary, Department of Forest & Environment
South West Mining Ltd.
Rongon Mukhopadhyay
Deepak Roshan
As recorded by the court registry
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