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2018 DIGILAW 1989 (JHR)

Gauri Shankar Keshri S/o Sri Dawarika Prasad Keshri v. State of Jharkhand

2018-08-31

ANIRUDDHA BOSE, D.N.PATEL

body2018
JUDGMENT : 1. The complaint of the writ petitioner in this action framed as Public Interest Litigation is over polluting activities generated from K.D. Old Siding and Dakra Railway Siding on account of coal dispatch activities by Central Coalfields Limited. 2. Today an affidavit affirmed by Umesh Chandra Gupta working as Project Officer at Dakra OCP of Central Coalfields Limited has been filed and in paragraphs 5 and 6 of this affidavit it has been stated: “5. That at the outset it is stated and submitted that no coal has been dispatched from K.D. Old siding since 5.5.2018 a certificate to this effect has been issued by the Project Officer, Ashok OCP, CCL. Xerox Copy of the certificate dated 29.08.2018 is annexed and marked as Annexure-A. 6. That the respondents further state and submit that M/s CCL had engaged its consultant M/s Central Mine Planning and Design Institute Ltd. for making a study on the Comprehensive Scheme for Control of Dust and Water Flow at Dakra Railway Siding under N.K. Area and the Regional Institute-III of the CMPDIL has prepared its report based upon the study conducted by it. The report is of September, 2013. Xerox Copy of the report of its consultant M/s CMPDI is annexed and marked as Annexure-B.” 3. It is apparent from these two paragraphs that remedial steps have been taken. The cause of action of this proceeding brought on behalf of general public, thus, no more survives. Such remedial measure has been accepted by the learned counsel for the writ petitioner. The writ petition is accordingly disposed of.