Dismissed

Prakash Chandra Yadav v. State of Jharkhand

NGT16 Mar 2022Original Application No. 26/2022

Case brief

AI extract

What is this about?

This judgment dismisses an original application concerning alleged violations of mining terms and conditions. The bench noted contradictory facts between two filed applications regarding specific plots and observed that no relief was sought for some alleged illegal activities. Permission for the applicant to withdraw the application with liberty to file a fresh one after correcting facts was grant

What did the court decide?

Application dismissed with liberty to the applicant to withdraw the present application and file a fresh one after clarifying the contradictory facts.

Prakash Chandra Yadav vs State of Jharkhand — Environment and Pollution | NGT (2022)

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Item No. 02

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (Through Video Conferencing)

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Original Application No.26/2022/EZ

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In the matter of:

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Shri Prakash Chandra Yadav S/o late Anandi Yadav, Residing at 12, Refugee Colony, Sahibganj, P.O. & P.S. Borio (Jirwabari), Jharkhand-816109

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……..Applicant(s)

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Versus

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1. State of Jharkhand Through the Chief Secretary, Project Building, First Floor, Dhurwa Road, HEC Admin, Ranchi, Jharkhand-834004 2. Shri Sanjay Kumar Yadav Proprietor of M/s Maa Sheetla Stone Works (Stone crusher) Mauza Gadwa, P.O. Sakrigali, P.S. Talijhari, Sahibganj, Jharkhand-816115 3. Central Pollution Control Board Service through Member Secretary, Parivesh Bhawan, East Arjun Nagar, Shadara, New Delhi-110032 4. Jharkhand State Pollution Control Board Service through the Chairman, H.E.C., Dhurwa, Ranchi-834004 5. The Deputy Commissioner Sahibganj, Stadium Road, P.O. & P.S. Jirwabari, Sahibganj, Jharkhand-816109 6. Regional Officer Pollution Control Board Ashram Road, Tower Chowk, Dudhani, Dumka, Jharkhand-834002 7. Deputy Director of Mines Dumka, Department of Mines and Geology, Government of Jharkhand, Dumka, Nepal House, Ranchi, Jharkhand-834002

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Director General of Mines Safety

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Station Road, Neamatpur, P.O. Sitarampur West Bengal, Burdwan-713359

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……..Respondent(s)

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Date of hearing: 16.03.2022 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

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For Applicant(s) : Mr. Rohit Das, Advocate

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For Respondent(s) :

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ORDER

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Mr. Rohit Das, learned Counsel for the Applicant, is appearing in virtual court proceedings.

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This Original Application has been filed with the allegation that the Respondent No.2 is engaged in mining work over an area of 4.76 acres under Plot No.60 and 62 at Mouza Gadwa, District Sahibganj for production of stone boulders. It is stated that he has obtained Consent to Operate (CTO) from the Jharkhand State Pollution Control Board. It is also stated that he is not doing mining work in accordance with the terms and conditions of the Consent to Operate (CTO) and Environmental Clearance (EC). This means that the Respondent No.2 also has Environmental Clearance (EC) in his favour. It is alleged that he is using Heavy Earth Moving Equipments (HEMM) for deep drilling and is deploying explosive substances in mining. It is also stated that the mine of the Applicant is situated within the area of 50-100 meters from the mines of the Respondent No.2.

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In the next paragraph, it is stated that the Respondent No.2 has established two crusher plants at Plot No.10 appertaining Khata No.47 at Mouza Gadwa, District Sahibganj with the production capacity of 11,250 CFT per day and 4,100 CFT per day for which Consent to Operate (CTO) has been granted.

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This is a second Original Application, the first having been dismissed on 04.08.2021 with liberty to the Applicant to file fresh original application. That order has been filed as Annexure-A-7 along with this original

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application. In that original application it was specifically submitted by the learned Counsel for the Applicant and which is also noted in that order, that so far as Plot No.10, Khata No.47 is concerned, there is no illegality as the Respondent No.1 has proper Consent to Operate and Environmental Clearance for the same. The allegations of that Original Application No.54/2021/EZ and this original application present a selfcontradictory picture.

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Neither the Consent to Operate nor the Environmental Clearance has been filed of Plot No.60 and 62 and no relief has been sought with regard to Plot No.60 and 62. Therefore, from the contradictory facts of the two original applications regarding the same plots. We are not able to decipher as to with regard to which plot there is illegality in the mining operations of Respondent No.2.

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Mr. Rohit Das, learned Counsel for the Applicant again prays that he may be permitted to withdraw the present Original Application with liberty to file fresh Original Application.

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This Original Application is, therefore, dismissed with the aforesaid liberty with a word of caution to the learned Counsel to read his facts properly before filing the same in Court.

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There shall be no order as to costs.

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B. Amit Sthalekar, JM

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................................... Saibal Dasgupta, EM

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March 16, 2022 Original Application No.26/2022/EZ MN

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Prakash Chandra Yadav v. State of Jharkhand

Case brief

What is this about?

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Prakash Chandra Yadav v. State of Jharkhand

Case brief

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