ORDER : Virender Singh, C.J.: The instant petition has been filed by one Jan Kalyan Sammittee through its President Prahlad Prasad son of late Dwarka Sahu resident of village – Chandwa PS & PS Chandwa (District – Latehar) for issuance of appropriate direction upon the respondents not to open “Coal Siding” primarily on the ground that the action of the Railway Ministry in starting the coal siding is affecting the residential area resulting into causing enormous damage to the inhabitants of that area who have developed many diseases especially children. 2. If one looks at the averments made in the petition, it primarily relates to the environmental issues which fact is also evident from a letter written by Jan Kalyan Sammittee to the Divisional Regional Manager, Dhanabd, dated 29th January, 2015. 3. The Secretary, Jharkhand State Pollution Control Board, respondent no.3, has filed counter-affidavit through Assistant Environmental Engineer-cum-Regional Officer, Jharkhand State Pollution Control Board, Dhurwa, making it clear that Assistant Environmental Engineer at one stage had issued a notice to M/s. East Central Railways, Dhanbad, under section 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 and 21 of the Air (Prevention & Control of Pollution) Act, 1981 for NOC and after dealing with the said show cause notice, ultimately, vide order dated 4th June, 2015 (Annexure – B), directed to stop the construction/operation of the Railway Siding at Mauza Tori, Khata No.01, Plot No.167176 Chandwa, Latehar, with immediate effect. Mr.Saboo, counsel for the Board, has made a statement that immediately after the aforesaid order was passed stopping the aforesaid operation at a particular place, information to him is that Coal Siding Operation at that place is no longer in operation. 4. Mr.Rajiv Kumar stated that immediately after passing of the aforesaid order dated 4th June, 2015 by the Pollution Control Board, on 15th June, 2015, within a period of just 11 days, Prahlad Prasad, President of Jan Kalyan Sammittee, who had knocked the door of the Court and projected as to how coal siding operation was being operated in a particular area, was murdered by some unknown persons, for which F.I.R was also lodged but at the moment he is not in possession of the same.
He states that thereafter no one either from the family of the deceased (Prahlad Prasad) or any office-bearer of Jan Kalyan Sammittee has come forward to prosecute the instant petition primarily for the reason that there is apprehension in their mind that if they come forward, they might meet the same fate as happened to their President (Prahlad Prasad). Mr.Rajiv Kumar states that it appears from all what has happened and placed before the Court that some Mafia is at the helm of affairs who does not want that coal siding operation should stop in the State of Jharkhand. He states that there is every possibility that certain officials of different departments are also involved in it. He states that in the present scenario, not only the case on hand warrants thorough investigation into the matter, it being a litigation espousing public interest at large may be kept alive on board. 5. Keeping in view the totality of the facts and circumstances, we keep the instant petition alive on board, but refrain from giving any direction to State till we get response from the State, for which we grant only three week's time. 6. Let counter-affidavit/detailed response be filed by the Deputy Commissioner, Latehar, in this regard. 7. Since President of Jan Kalyan Sammittee has been murdered falling within the jurisdiction of Latehar district only, Superintendent of Police, Latehar, would also place on record the copy of the F.I.R and the report vis-a-vis investigation carried out in connection with that case till date. 8. List again on 24.02.2016. 9. Copy of the order shall be provided to the assisting counsel to Mr.Jai Prakash, AAG, today itself for compliance.