Bermo Anumandal Vishthapit Sanghrash Morcha through Its President Alam Ansari Vs the State of Jharkhand through the Secretary Forest and Environment and Ors.

2026:JHHC:10164-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (PIL) No. 473 of 2015

Bermo Anumandal Vishthapit Sanghrash Morcha through its president Alam Ansari s/o-Badrudin Miya, R/o-Kasiyadih, P.O & P.S.-Lalpaniya, Dist-Bokaro.

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Versus

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The State of Jharkhand through the Secretary, Forest and Environment, Govt. of Jharkhand, Ranchi, Project Building, P.O. & P.S. Dhurwa, District Ranchi.

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The Secretary, Department of Energy, Govt. of Jharkhand, Ranchi, P.O. & P.S. Dhurwa, District Ranchi.

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The Chairman-cum-Managing Director, Tenughat Vidyut Nigam Ltd., Hinoo, P.O. & P.S. Doranda, District Ranchi.

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The General Manager, Tenugaht Thermal Power Station, P.O. & P.S. Lalpania, District Bokaro.

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The Chairman, Pollution Control Board, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

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The Deputy Commissioner, Bokaro, P.O. & P.S. Bokaro, District Bokaro.

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The Sub-Divisional Officer, Bermo at Tenughat, P.Ο. Tenughat, P.S. Petarwar, District Bokaro.

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… … Respondents

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CORAM :HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Ashok Kr. Sinha, Advocate Mr. D.K. Jaiswal, Advocate For the Resp.-TVNL : Mr. Rupesh Singh, Advocate For the JSPCB : Mr. Rahul Saboo, Advocate Mr. Kunal Chandra Suman, Advocate For the State : Mr. Rakesh Kr. Shahi, AC to SC (L&C)-I -------- Order No. 26 : Dated 9^th April, 2026

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1. The instant writ petition has been filed in the nature of public interest litigation seeking following reliefs:

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(i) For issuance of an appropriate writ(s)/ order(s)/direction(s) directing and commanding upon the respondent authority for ensuring enjoyment of pollution free water and air for the people of the locality/Bermo Sub-Division

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(ii) For issuance of direction(s) upon the respondents authority to remove the hoarding/Dump of ashes from the bank of the river Kantel and also ensure the free movement of cattle of the farmers for grazing and stop the damages of the crops of the poor formers.

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(iii) And pass such other order or orders as the this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

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2. The whole issue, as per the pleading made in the writ petition is to take remedial measure by the Tenughat Vidhyut Nigam Limited [TVNL] in pursuance to finding as referred in the report dated 07.11.2025, which has been submitted by the Jharkhand State Pollution Control Board.

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3. This Court has considered the importance of the report as submitted by the Jharkhand State Pollution Control Board with respect to water pollution affecting the Katel River.

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4. The TVNL admitting the fact regarding the importance of the remedial measure to be taken for taking the restrictive measure to protect the water pollution in the aforesaid river has undertaken the work of ‘Ash Pond Spillway’ into the Ash water Recirculation System (AWRS) for the purpose of

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pumping of water and sending it to the sump of Ash Handling Pump House [inside power plant] through 400 NB dia pipe line [length [3 KM apprx.]. A copy of report to that effect of ‘Trial Run and Operationalization Report of Ash water Recirculation System [AWRS] at Tenughat Thermal Power Station [TTPS], Lalpania’ has been submitted stating that the water is being reused by Ash Handling Plant for wet ash disposal system.

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5. Since the arrangement has now been made for recirculation of the water to protect the river from the effect of pollution, which is required to be done periodically, to revisit the entire system so that the same may not re-occur. The accountability of the same is upon the ‘Jharkhand State Pollution Control Board’ of its local authority to periodically inspect the entire system of ‘Ash Water Recirculation System’, which has been evolved by the Tenughat Thermal Power Station [TTPS], for the purpose of recirculation. Similar direction is upon the Tenughat Thermal Power Station [TTPS] to maintain the said system.

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6. In such view of the matter, the instant ‘Public Interest Litigation’ is although is consigned granting liberty to the petitioner to re-agitate the issue, in future if it is found in disruption of the system by reviving the writ petition.

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