JAGDISH ORE INDUSTRIES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HAVING heard counsel for both the sides, Rule.

(2.) SO far as question of interim relief is concerned, looking to the facts and circumstances of the case, especially looking to paragraph Nos. 9 and 10 of the counter affidavit, filed by the Union of India in W.P. (C) No. 45 of 2011, as quoted herein below, it appears that there is, prima facie, a case in favour of the Petitioner. 9. It is submitted that the Ministry of Environment and Forests has issued a moratorium on 13.1.2010 restricting environmental clearances for new polluting industries/projects in 43 critically polluted industrial clusters which include only one cluster i.e. Dhanbad in the State of Jharkhand and not the Barajamada industrial cluster where the iron ore crusher of the Petitioner is located. 10. It is submitted that the notification dated 27.7.2010 issued by Forest and Environment Department, Govt. of Jharkhand, Ranchi is not in consonance with O.M. dated 13.1.2010 issued by the Ministry of Environment & Forest. (Emphasis supplied)

(3.) I therefore stay the operation, implementation and execution of the impugned order, passed by the Respondents Jharkhand State Pollution Control Board, dated 30th August, 2010, which is at Annexure4 to the memo of this writ petition, till the next date of hearing.