R.R.PRASAD,J. - (1.) Before proceeding further in the matter, the order which was passed on 22.05.2015 needs to be recorded which reads as under :- "The petitioner was granted environmental clearance by the Central Government for establishing a factory in the name and style of M/s Electrosteel Steels Limited, Parwatpur at Bokaro. Thereupon, "No Objection Certificate" was granted by the Jharkhand State Pollution Control Board (for short Pollution Board) for establishing the factory. After the factory was established, consent to operate was given by the Pollution Board which is effective till December, 2016. Thereupon the factory started production after investing several crores and by employing 4700 employees (approx.). Beside that, thousands and thousands persons are engaged indirectly with production of steel. While the production was going on a directive was issued by the Ministry of Environment, Forests and Climate Change, Government of India, New Delhi to stop production if M/s Electrosteel Steels Limited, Parwatpur at Bokaro if it has been established unauthorisedly on the forest land. Consequent upon such directive, the In-charge Member Secretary of the Pollution Board without holding any inquiry or without giving any notice to the petitioner to show cause passed the order as contained in its letter dated 18.04.2015 to stop production, which is certainly in violation of the principle of natural justice. Furthermore, the land, over which the factory has been established, never happens to be the forest land and this declaration has been made by the competent civil court, when the vender of the petitioner had filed a title suit before the civil court for declaration of right, title and interest over the land including the land over which the factory does exist. In that case, the forest department was the party. That order though has been challenged by the forest department in an appeal bearing Title Appeal No.33 of 2007 before the District Judge, Bokaro but so long the decree passed by the trial court does subsist, the land, which is being claimed to be the forest land, cannot be said to be the forest land and under these situations, the impugned order can certainly be said to be bad on both counts. However, Mr. A. K. Pandey, learned counsel for Jharkhand State Pollution Control Board, submits that the matter be adjourned for 25.06.2015 so that in the meantime, he may file counter affidavit. Accordingly, let this case be posted on 25.6.2015. Meanwhile, operation of the order dated 18.04.2015, as contained in Annexure-21, shall remain stayed. Let a copy of this order be handed over to Mr. A. K. Pandey, learned counsel for Jharkhand State Pollution Control Board, for needful."
(2.) When the matter was taken up today, learned Assistant Solicitor General submitted that a counter-affidavit has been filed wherein it has been stated that when information was received to the Ministry of Environment, Forest and Climate Change, Government of India, New Delhi to the effect that M/s Electrosteel Steels Limited has been established over the forest land, the authority did write a letter to the Principal Secretary, Forest to ensure stoppage of production, if the factory has been established over the forest land. That letter reportedly was sent to the Pollution Control Board who took the decision according to his own wisdom.
(3.) As against this, Mr. A. K. Singh, learned counsel appearing for the Jharkhand State Pollution Control Board assisted by Mr. Krishna Muari and also by Mr. Sahdeo GP IV, submitted that it is true that the letter issued by the Ministry of Environment, Forest and Climate Change was never directed to the authority of the Pollution Control Board rather it was directed to the Principal Secretary, Department of Forest, but that letter was endorsed to the Pollution Control Board for taking necessary action and when the Board did find that the factory has been established over the forest land, the impugned order dated 18.04.2015 was passed asking the petitioner to close the functioning of the factory with immediate effect.;