Disposed

Nayaka Soren vs

NGT28 Apr 2025Original Application No. 1264/2024

Case brief

AI extract

What is this about?

The single bench of the Principal Bench, New Delhi, transferred the original application complaining of air pollution from stone crushers in Jharkhand to the Eastern Zone Bench at Kolkata due to the locus of cause of action lying within the Eastern Zone. Directions were issued for filing replies before the Eastern Zone Bench.

What did the court decide?

Order directed to list the matter before the Eastern Zone Bench of this Tribunal at Kolkata on 10.07.2025.

Nayaka Soren vs — Environment and Pollution | NGT (2025)

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Item No. 06

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 1264/2024

Nayaka Soren

Applicant

Versus

State of Jharkhand & Ors.

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Respondents

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Date of hearing: 28.04.2025

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None for the Applicant.

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Respondents: Mr. Suman Arora, Advocate for respondent no. 3.

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Mr. Anil Kumar Singh, Advocate for respondents no. 5 to 9. Ms. Amrita Pandey, Advocate for respondents no. 10 & 11. None for respondents no. 1, 2 and 12.

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ORDER

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The applicant-Nayaka Soren, Mukhiya, Gram Panchayat Ghagharjani, resident of Village Ranikola, Post Devpur, Panchayat Ghagharjani, Block Hiranpur, District Pakur, State of Jharkhand had sent the present letter petition dated 13.06.2024 to this Tribunal, which has been treated and registered as O.A. No. 1264/2024.

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The applicant raised the grievances that there are six stone crushers namely M/s Ajhar Islam, M/s Black Diamond Stone Works, M/s Laxmi Ganesh Stone Works, M/s Maa Tara Stone Works, M/s Mili Stone Works and M/s Asraful Shekh which are engaged in the activities of stone mining and crushing in violation of environmental norms and the dust emitted therefrom is causing air pollution and resulting in serious health hazards to the local people.

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Vide order dated 21.11.2024 this Tribunal constituted a Joint Committee comprising Central Pollution Control Board, Regional Integrated Office Ministry of Environment Forest and Climate Change, Ranchi, Jharkhand State Pollution Control Board and District Magistrate, Pakur with direction to visit the site, collect relevant information, interact with the stakeholders and submit a factual report within six weeks.

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In compliance thereof, report dated 15.01.2025 of the Joint Committee has been filed by CPCB. 5. Vide order dated 05.03.2025 (1) State of Jharkhand through Secretary; Environment, Government of Jharkhand; (2) District Magistrate, Pakur; (3), Central Pollution Control Board through Member Secretary; (4) Jharkhand State Pollution Control Board through Member Secretary; (5) M/s Azhar Islam; (6) M/s Azhar Islam (Stone Mines); (7) M/s Black Diamond Stone Works; (8) M/s Laxmi Ganesh Stone Works; (9) M/s Maa Tara Stone Works; (10) M/s Mili Stone Works (Stone Crushers); (11) M/s Mili Stone Works (Stone Mines) and (12) M/s Asraful Shekh were impleaded as respondents No. 1 to 12 and notices were ordered to be issued to them.

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Pursuant thereto replies/responses have been filed by respondent no. 3-CPCB, respondent no. 10 and respondent no. 11.

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Replies/responses are yet to be filed by other respondents.

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Learned Counsel for respondents no. 5 to 9 seeks adjournment for filing of their replies/responses.

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Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by post with approval of Hon’ble Chairperson and assignment under his order, but in view of the

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facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Eastern Zone Bench of this Tribunal at Kolkata, we consider it appropriate if the case is further heard by the Eastern Zone Bench of this Tribunal at Kolkata.

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Accordingly, the Registry is directed to list the matter before the Eastern Zone Bench of this Tribunal at Kolkata on 10.07.2025 after obtaining orders from Hon’ble the Chairperson for transfer of the case.

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Replies/responses by respondents no 5 to 9 and also by other respondents may be filed before the Eastern Zone Bench of this Tribunal at Kolkata at least one week before the date of hearing fixed.

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A copy of this order be sent to the respondents no. 1 to 12 by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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April 28^th , 2025 Original Application No. 1264/2024 ab

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Nayaka Soren vs

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Nayaka Soren vs

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