BHARAT COKING COAL LIMITED Vs. STATE OF JHRKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. The instant Interlocutory Application has been preferred by the Respondents Jharkhand State Pollution Control Board for modification in the interim order dated 25th August, 2011 by permitting the concerned respondents to take legal action under Section 19 of the Environment (Protection) Act, 1986 before the competent court of law under different provisions of the Environment (Protection) Act. The petitioner had approached this Court against the direction of the Respondents Board for closure of the mines in question and order of status quo was granted on 25th August, 2011 after hearing the parties and on 29th November, 2011 the petitioner was allowed time to apprise the court regarding concrete plan/project undertaken for compliance of the various provisions of environmental laws. The interim order dated 25th August, 2011 was continued. The writ petition was admitted for hearing on 18th January,

(2.) THE Respondents Board has now filed the present I.A. seeking modification of the interim order dated 25th August, 2011, inter alia, stating that the petitioner is violating the circular dated 16.11.2010 and the letter of Government of India, Ministry of Environment and Forests dated 10th December, 2012 in the matter of environmental clearance to BCCL coal mines. Learned counsel for the Respondents Board vehemently submitted that the State Pollution Control Board is contemplating legal action for the violation already made earlier for non compliance of the environmental laws and failure to obtain environmental clearance in respect of the mines, which are being operated by the BCCL.

(3.) I have heard learned counsel for the parties at length. From the facts, which have been narrated hereinabove, it appears that the petitioner has made considerable progress in the matter of grant of environmental clearance in respect of 16 such clusters which are in existence in the State of Jharkhand. In respect of remaining 6 clusters, the submission of the petitioner is that they are at advanced stage and appropriate decision is likely to be taken in near future by the competent authority of the Ministry of Environment & Forests for grant of environmental clearance. 9 clusters have already granted environmental clearance.