- (1.) This Letters Patent Appeal is directed against the order dated 4.12.2013 passed in W.P.(C) No. 7657 of 2012 , whereby the Interlocutory Application filed by the appellant being I.A. No. 5232 of 2013, seeking stay of letter no. 29 dated 5.11.2012 issued by the Forester, Bhadudih, Jamshedpur has been rejected.
(2.) The appellant is carrying on the business of manufacturing of bricks at Plot nos. 64,65,66,71,72,73,74,75,379,380 and 389(P) having an area of 9.33 acress at Patamda in the district of East Singhbhum since 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 2008-09, 2009-10, 2010-11 and 2011-12. For running the brick kiln, the appellant was granted consent by the Jharkhand State Pollution Control Board under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981.
(3.) For the protection and existence of ecology and habitat of wild life of Dalma Wildlife Sanctuary, the Government of India hastaken 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 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 5.11.2012, 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.;