VIRENDER SINGH,J. - (1.) At the very outset, it needs to be mentioned here that the petitioner -Samiti had earlier filed a writ petition being W.P.(PIL) No. 5957 of 2008 which was dismissed on 24.07.2009 and subsequently, the petition for restoration was also dismissed for non -compliance vide order dated 11.01.2012. That way, the petition on hand turns out to be the second petition for the same relief in which the main grievance is with regard to filling of the pond by M/s Usha Martin Ltd. -respondent no. 7 situated at Thana No. 118, Plot Nos. 126, 125, 123 and 124 in Village - Jharkauli by slagging the discharge of industrial effluents. A direction is sought to remove the wastage and garbage thrown by M/s Usha Martin Ltd. in and around and also a direction to it to remove the boundary wall erected throughout the pond.
(2.) The Court felt the necessity of getting the site inspected therefore, vide order dated 01.03.2014 directed the Jharkhand State Pollution Control Board -respondent no. 6 and also the Deputy Commissioner, Saraikela -Kharsawan -respondent no. 3 or his representative or any other responsible officer to make an inspection of M/s Usha Martin Ltd. and file a report to this Court with regard to dumping of industrial waste and also to inform whether the industrial waste is being dumped in the pond as alleged by the petitioner.
(3.) Pursuant to the aforesaid direction, the Sub -divisional Officer, Saraikela -Kharsawan, on the direction of the Deputy Commissioner, visited the spot and submitted a detail report annexed with the affidavit dated 25.09.2014. The said report reveals that industrial waste has not been dumped in the pond. Raw materials such as: coke, lime stone, coal, dolemite etc. were found at the site. As per the information supplied by 5 villagers, details of which are mentioned in the enquiry report, the pond was filled long back. It is also stated in the report that M/s Usha Martin Ltd. has constructed a concrete road, pucca drain and boundary wall on both sides with sufficient lighting arrangement with the consent of the villagers and that the land in question is being used by the Company for industrial purposes.;