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2024 DIGILAW 460 (JHR)

Santosh Mandal Bricks, through its Proprietor Santosh Mandal, son of Darphari Mandal v. Jharkhand State Pollution Control Board, through its Chairman

2024-04-30

ANIL KUMAR CHOUDHARY

body2024
JUDGMENT : Anil Kumar Choudhary, J. 1. Heard the parties. 2. Learned counsel for the writ petitioners seeks permission of this Court to correct the name of the respondent no.2 in W.P. (C) No.6024 of 2017, W.P. (C) No.6090 of 2017, W.P. (C) No.6091 of 2017, W.P. (C) No.6545 of 2017, W.P. (C) No.6800 of 2017, W.P. (C) No.6808 of 2017, W.P. (C) No.6809 of 2017, W.P. (C) No.6848 of 2017 and W.P. (C) No.6923 of 2017 which has been written as Principal Secretary, Jharkhand State Pollution Control Board instead of the correct designation being the Member Secretary, Jharkhand State Pollution Control Board. 3. Permission is accorded. 4. The petitioners are directed to carry out the necessary correction in the cause title of W.P. (C) No.6024 of 2017, W.P. (C) No.6090 of 2017, W.P. (C) No.6091 of 2017, W.P. (C) No.6545 of 2017, W.P. (C) No.6800 of 2017, W.P. (C) No.6808 of 2017, W.P. (C) No.6809 of 2017, W.P. (C) No.6848 of 2017 and W.P. (C) No.6923 of 2017 during the course of the day. 5. All the writ petitions have been filed under Article 226 of the Constitution of India challenging the order passed by the respondent no.2 of all the writ petitions wherein in compliance of the order of National Green Tribunal, Kolkata passed in O.A. No. 110/2015/EZ in the matter of Joydeep Mukherjee vs. The Pollution Control Board & Anr. dated 15.02.2017, the writ petitioners have been directed to deposit Rs.1,00,000 in some cases and Rs.1,50,000/- each in other cases, towards environmental compensation drawn in favour of respondent no.2. 6. It is the case of the writ petitioners that they are not the units to whom the order passed by the NGT, Kolkata in the said O.A. No. 110/2015/EZ dated 15.02.2017 is applicable and seeks permission of this Court to withdraw all the writ petitions with liberty to submit fresh representations to the respondent no.2; claiming that they are not the units to whom the order passed by the NGT, Kolkata is applicable and submits that respondents be directed to dispose of the said representation to be filed by the petitioners within the reasonable time. 7. Learned counsel for the respondents has no serious objection. 8. 7. Learned counsel for the respondents has no serious objection. 8. Considering the aforesaid facts, the petitioners are permitted to withdraw all the writ petitions with liberty to submit fresh representations to the respondent no.2; within three weeks and in case, such representation is submitted, the respondent no.2 is directed to dispose of the same by speaking orders, in accordance with law within the period of six weeks; from the date of receipt of such representations. 9. All the writ petitions are disposed of accordingly.