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Jharkhand High Court · body

2016 DIGILAW 380 (JHR)

Bisthapit Prabhavit Bhumihin Welfare Kalyan Samiti v. State of Jharkhand

2016-02-24

SHREE CHANDRASHEKHAR, VIRENDER SINGH

body2016
JUDGMENT : Virender Singh, J. 1. At the very outset, it needs to be mentioned here that the petitioner-Samiti had earlier filed a writ petition being W.P.(PIL) No. 5957 of 2008 which was dismissed on 24.07.2009 and subsequently, the petition for restoration was also dismissed for non-compliance vide order dated 11.01.2012. That way, the petition on hand turns out to be the second petition for the same relief in which the main grievance is with regard to filling of the pond by M/s Usha Martin Ltd.-respondent no. 7 situated at Thana No. 118, Plot Nos. 126, 125, 123 and 124 in Village-Jharkauli by slagging the discharge of industrial effluents. A direction is sought to remove the wastage and garbage thrown by M/s Usha Martin Ltd. in and around and also a direction to it to remove the boundary wall erected throughout the pond. 2. The Court felt the necessity of getting the site inspected therefore, vide order dated 01.03.2014 directed the Jharkhand State Pollution Control Board-respondent no. 6 and also the Deputy Commissioner, Saraikela-Kharsawan-respondent no. 3 or his representative or any other responsible officer to make an inspection of M/s Usha Martin Ltd. and file a report to this Court with regard to dumping of industrial waste and also to inform whether the industrial waste is being dumped in the pond as alleged by the petitioner. 3. Pursuant to the aforesaid direction, the Sub-divisional Officer, Saraikela-Kharsawan, on the direction of the Deputy Commissioner, visited the spot and submitted a detail report annexed with the affidavit dated 25.09.2014. The said report reveals that industrial waste has not been dumped in the pond. Raw materials such as: coke, lime stone, coal, dolemite etc. were found at the site. As per the information supplied by 5 villagers, details of which are mentioned in the enquiry report, the pond was filled long back. It is also stated in the report that M/s Usha Martin Ltd. has constructed a concrete road, pucca drain and boundary wall on both sides with sufficient lighting arrangement with the consent of the villagers and that the land in question is being used by the Company for industrial purposes. 4. We have perused the enquiry report dated 20.09.2014 for our satisfaction. Not only we are satisfied with the Inspection Report of the Sub-divisional Officer dated 20.09.2014, Mr. A. K. Mehta, the learned counsel appearing for the respondent no. 4. We have perused the enquiry report dated 20.09.2014 for our satisfaction. Not only we are satisfied with the Inspection Report of the Sub-divisional Officer dated 20.09.2014, Mr. A. K. Mehta, the learned counsel appearing for the respondent no. 7-M/s Usha Martin Ltd. states at the Bar that no effluent comes out from the factory premises. He states that so far as slags are concerned, the same are sent to the A.C.C. Cement Plant at Jhinkpani, Chaibasa. In short, he submits that there is “zero” discharge in so far as, present site is concerned. He further submitted that 2.48 acres land was leased out to respondent no. 7 on 27.10.2006 for a period of 30 years and in the report submitted by the Circle Officer, the L.R.D.C. and the Additional Collector, there is no mention of existence of pond. He submitted that even in the instant report prepared by the Sub-divisional Officer dated 20.09.2014, it is mentioned that the pond is not in the list of “Sairat” ( ljSkr ). Mr. Mehta further submitted that in fact, the photographs attached with the petition indicating as if there is a pond, are not depicting the true picture for the reason that some land was digged out. Mr. Mehta however, submits that since it has come in the report that there was a water body where the villagers used to take bath for the purpose of going to Mandir situated in the village, respondent no. 7 is ready and willing to construct two bathrooms, two toilets (one for male and other for female), provided some land for the said purpose is handed over to the respondent no. 7 by the concerned authority. 5. We thus, direct the Deputy Commissioner, Saraikela-Kharsawan to explore the possibility of handing over suitable site in Village-Jharkauli after consulting the Gram-Panchayat, so that, two bath rooms and two toilets can be constructed by respondent no. 7 at the site without any waste of time, which in our considered view, would be in the interest of the villagers. 6. We thus, dispose of the instant petition. Petition disposed of.