APARESH KUMAR SINGH,J. - (1.) Petitioners preferred this petition in Public Interest seeking closure of illegal stone mining in Tausera Village of Domtoli, Kolebira, District Simdega. Petitioners alleged that three persons, namely, Abhay Kumar Prasad, Amarendra Baraik and Kedarnath Soni are lease holders of stone mines in Mouza Taisera of Kolebira. Abhay Kumar Prasad had been granted lease of stone mine in disregard of EIA Notification, 2006. According to the petitioners, lease was granted in 2007 to respondent no. 9 despite the fact that the actual distance of forest area from mines is just 50 meter and it is 152 meters in Government record as per minutes dated 22nd June, 2016. Respondent no. 8 has been also indulging in hoarding of stones in Plot no. 34, Khata no. 46 of Mouza Takba in Kolebira without any license from Mines department or any environmental/pollution clearance. His application for lease, was rejected by Assistant Mining Officer in 2016 March, but it was carrying on illegal mining of stones in connivance with Government officials and lease holder (respondent no. 9) using heavy drilling machines and blasting with heavy explosives causing nuisance and damages to the school building and houses in the village. Other two persons have no environmental clearance from Pollution Control Board but are also indulging in illegal mining of stone. Though, consent to operate was granted by Pollution Control Board to respondent no. 9 on 19th October, 2016, but he has been carrying on illegal mining since long. Other compliance relating to consent to establish granted earlier on on 19th February, 2013 had also not been done.
(2.) In view of such illegal acts which affect the local population petitioners, who are also residents of Domtoli, P.O. and P.S. Kolebira, District Simdega have espoused this cause and approached this Court in the instant Public Interest Litigation.
(3.) Respondent no. 3, Jharkhand State Pollution Control Board has filed affidavit through its Regional Officer. According to their stand, consent to establish was granted to respondent no. 9 at Plot no. 255(P), Khata no. 168 over an area of 2 acres in Mouza Tausera, P.O. Kolebira, District Simdega for the first time on 19th February, 2013 with certain terms and conditions (Annexure P/2). Thereafter, the Regional Officer of the Board granted CTO for the first time on 24th February, 2015 after verifying the conditions laid down in CTE, has been complied with. (Annexure P/3). Permission for further expansion of its existing stone mine for production capacity of 800 TPD of stone boulder was granted after proper verification of compliance of previous CTO on the existing stone mine on 19th October, 2016 (Annexure P/4). The Board has no information regarding the mining lease granted to Amrendra Baraik and Kedarnath Soni as they have not applied for any CTE/CTO to the Board for any stone mine. They do not have any information about the respondent no. 8 either of any license for hoarding of stone boulders at Plot no. 34, Khata no. 46 of Mouze Takba in Kolebira, Distt.Simdega. Board has also got no information regarding setting up of any stone crusher in Village Tausera of Kolebira, District Simdega.;