- (1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to issue Form 'D' I.e. Dealer/Transport Challan to the petitioner under the provisions of the Jharkhand Mineral Dealers Rules, 2007(hereinafter referred to as the 'Rules-2007').
(2.) IT has been stated that the petitioner is a Company and is engaged in the business of manufacture and sale of steel, alloy steel, all types of steel wires, wire ropes and its accessories at Gamharia in the district of Seraikela-Kharsawan and Ranchi. The petitioner has established its steel plant at Gamharia Industrial Area, District-Seraikela-Kharsawan. The petitioner installed a blast furnace and also installed sponge iron plants. The petitioner has been granted a mining lease in Form 'K' on 16.08.2005. The petitioner started mining operation and also the sponge iron plants. In course of mining operation, overburden, wastes, rejects and fines are generated, which amounts to approximately 50% of the total mines ore. The Form 'K' issued to the petitioner provides for use and disposal of Iron Ore as well as wastes, rejects and fines, but by order dated 11.12.2009, the District Mining Officer, Chaibasa pursuant to the order of the State Government prohibited disposal of rejects and fines. For the said reason, the petitioner was unable to dispose of the fines/unusable materials causing environmental hazards. The petitioner filed representation against the said prohibitory order of the State Government and ultimately, by resolution dated 13.08.2011 published in the Extraordinary Gazette no.580 dated 16.08.2011, the policy was formulated for lifting disposal/sale of Iron Ore fines overburden and other waste materials. The said resolution was also subsequently repealed. A writ petition was filed by one Shri Krishna Nand Tripathy, a sitting MLA seeking direction of the Court in the matter being W.P.(PIL) no.5259 of 2011. The Division Bench of this Court disposed of the writ petition by recording detail reason declaring that the order dated 11.12.2009 and the notification dated 27.08.2011 issued by the State Government were without any authority and the holder of Form 'K' lessee has right to dispose of all the mineral including the fines. In view of the said declaration of this Court, the petitioner is entitled to get transport challan in Form 'D' under Rule 6(3) of the said Rules, 2007. The petitioner applied for that before the District Mining Officer, Chaibasa long back on 21.3.2012 and on subsequent dates, but till date, the said challan for disposal of fines has not been issued to the petitioner. The petitioner made repeated requests and filed representations, but the same were also not heeded upon. Learned J.C. to A.G., appearing on behalf of the respondents, submitted that if any such application for issuance of challan in Form 'D' for sale and dispatch of Iron Ore fines is pending, the same shall be considered and appropriate order shall be passed without further delay.
(3.) CONSIDERING the said submissions, this writ petition is disposed of directing the respondents to consider the petitioner's representation regarding issuance of challan in Form 'D' for sale and despatch of Iron Ore fines and pass appropriate order, within four weeks from the date of receipt/production of a copy of this order.;