- (1.) THIS Letters Patent Appeal is directed against the order dated 4.12.2013 passed in W.P.(C) No. 7721 of 2012, whereby the Interlocutory Application filed by the appellant being I.A. No 5233 of 2013, seeking stay of letter no. 11 dated 27.10.2012 issued by the Forester, Bhadudih, Jamshedpur has been rejected.
(2.) THE appellant is carrying on the business of manufacturing of brick at Plot nos. 40,55,56, 57,58,62,63, 64,67 and 68, having an area of 5.66 acres at Mauza Nutandih in Chandil since 1999 -2000. The appellant has been granted permit under Rule 31 of the Jharkhand Minor Mineral Concession Rules by the Assistant Mining Officer, East Singhbhum for the year 1999 -2000. For running the brick kiln , the appellant was granted consent by the Jharkhand State Pollution Control Board under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. For the protection and existence of ecology and habitat of wild life of Dalma Wildlife Sanctuary, the Government of India has taken steps for prohibiting the running of industries of brick kiln in the Eco -sensitive Zone of Dalma Wildlife Sanctuary vide Ministry of Environment and Forests Notification No. S.O. 680(E) dated 2.29.3.2012 and pleased to notify the area up to five kilometers as Eco Sensitive Zone. Stating that the appellant - brick kiln is a polluting industry and is remitting hazardous solid waste in terrestrial area of Dalma Wildlife Sanctuary as well as using firewood in the process of baking bricks as well as damaging forest environment which is ultimately consumed by the wild animals and to ensure that the provisions of above Notification is complied with, the Forester, Bhadudih, Jamshedpur issued a closure notice to the appellant vide letter dated 27.10.2012, whereby the appellant has been directed to close the brick kiln forthwith, otherwise action would be taken against him under the provisions of Wild Life Protection Act.
(3.) CHALLENGING the said notice, the appellant filed the writ petition. In the writ petition, the appellant filed an Interlocutory Application being I.A. No. 5233 of 2013, claiming for stay of the impugned letter dated 27.10.2012 and the same was disposed of on 4.12.2013 holding that any interim order passed would tantamount to declaring the said order as bad and illegal at the initial stage without hearing the writ petition on merit.;