COURT ON ITS OWN MOTION Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-4-75
HIGH COURT OF JHARKHAND
Decided on April 16,2013

COURT ON ITS OWN MOTION Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties and perused the affidavit filed by the State on 6th March, 2013.
(2.) THIS Court passed an order on 16th January, 2013, wherein four actions have been proposed. In view of the above, notice was issued to Adityapur, Jugsalai, Mango and Jamshedpur Notified Area Committee. The issue is with respect to creating pollution in the river Subernarekha and Kharkai . From the affidavit filed by the State, it appears that pursuant to the order dated 16th January, 2013, a meeting was convened under the Chairmanship of the Chief Secretary of the State of Jharkhand. The result of the meeting, as stated in affidavit, indicates that: For direction no.1 The Jharkhand Pollution Control Board has been directed to examine the road map and submit report to the Chief Secretary; For direction no.2 The Principal Secretary, Forest & Environment Department has been directed to review the action taken by the Jharkhand Pollution Control Board ; For direction no.3 The State Pollution Control Board has submitted a report to the Chief Secretary and in the report it has been stated that the river water is being polluted due to flow of municipal waste. Therefore, Secretary, Urban Development Department has been directed to ensure effective measure to protect flow of municipal waste to the river; For direction no.4 It is stated that the Deputy Commissioner, East Singhbhum, Jamshedpur has informed that river banks of Subernarekha and Kharkai have been made free from encroachment; For direction no.5 - It is stated that boundary walls have been constructed to protect waste materials from being mixed in river water at Jamshedpur; For direction no.6 Water Resources Department has requested Central Water Commission to examine the matter of disturbance of hydrology of Subernarekha and Kharkai rivers due to slag dumping by Tata Steel Company and as per information received from Central water Commission, this matter will be examined by Hydrology Directorate in consultation with Mahanadi and Eastern River Organization, C.W.C. Bhuwaneshwar and they have been requested to examine the issue and submit their report; For direction no.7 The Chief Secretary directed the Jharkhand Pollution Control Board and the concerned Deputy Commissioner to make the rivers free from encroachment and pollution; For direction no.8 The Pollution Control Board has been directed to examine the level of pollution in different places of Damodar river; and For direction no.9 The Urban Development Department has been directed to prepare an Action Plan to conserve the rivers of Jharkhand State.
(3.) THEREFORE , it is clear from the affidavit of the State that nothing has been done in the matter of prevention of pollution in two rivers , namely, Subernarekha and Kharkai, except some paper orders, whereby some further reports have been sought for from the Departments.;


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