APARESH KUMAR SINGH,J. - (1.) Order dated 27th October 2016, which contains the grievances of the petitioner as originally raised herein, is quoted hereunder for better appreciation:- "Learned counsel for the petitioner at the outset submits that issue involved in the instant matter is similar to that raised in W. P.(C) No. 5695 of 2016 on behalf of the Steel Authority of India Ltd. also on board today wherein an interim order has been passed on 29.09.2016 by this Court. Petitioner herein also have laid challenge to the circular dated 01.04.2015 particularly para-3(v) (a) and (b), Annexure-2 issued by the respondent-Ministry of Environment, Forest and Climate Change (Forest Conservation Division), Government of India. They have also challenged the letter dated 14.12.2015, Annexure-3 and letter dated 16.09.2016, Annexure-4 issued by the respondent-Divisional Forest Officer, Saranda Forest Division, Chaibasa as being ultra vires, Section 2 of the Forest (Conservation) Act and other provisions of Constitution. Learned counsel for the petitioner submits that out of 233.99 Hectares of lease hold area, forest clearance has been accorded for an area of 24.856 Hectares on 19.05.2005, vide Annexure-1. For this portion of lease hold area, petitioner has already deposited NPV. For the remaining area of 165.365 Hectares of lease hold area, proposal for diversion was made on 14.09.2013 which, however, is still pending for Stage-I clearance. Therefore, respondent-Divisional Forest Officer, Saranda Forest Division, Chaibasa cannot insist on payment of NPV for the entire forest area when even Stage-I clearance for remaining area of 165.365 Hectares of lease hold area has been granted. Learned counsel for the petitioner submits that upon receipt of the first notice directing payment of NPV, the petitioner has deposited an amount of Rs. 3.00 Crore under protest without prejudice to its right with the Department of Forest, Government of Jharkhand. Petitioner reserves its right to recover the sum paid towards NPV upon being successful in the instant matter. It is, however, submitted that the entire amount of NPV has been deposited. Petitioner, therefore, apprehends coercive steps would be taken pursuant to the impugned letters dated 14.12.2015 and 16.09.2016, Annexure- 3 and 4 respectively. Learned ASGI Shri Rajiv Sinha appearing for the respondent nos. 1 and 2 and learned SC (L &C) appearing for the respondent nos. 3 and 4 both pray for time to seek instructions and file counter affidavit in the matter. Learned ASGI submits that instructions in the W. P. (C) No.5695 of 2016 are likely to be received within a period of two weeks where after counter affidavit would be filed in the said case. The same letter dated 01.04.2015 issued by the Ministry of Environment, Forest and Climate Change(Forest Conservation Division), Government of India is under challenge in the said writ petition also. Accordingly, as prayed for three weeks' time is allowed. List this case accordingly after three weeks on 24.11.2016 along with W. P. (C) No. 5695 of 2016. In the mean time, no coercive steps be taken against the petitioner pursuant to the impugned letters dated 14.12.2015 and 16.09.2016 vide Annexure- 3 and 4."
(2.) Respondent-State has filed counter affidavit in the matter thereafter defending the impugned decision.
(3.) Learned A.S.G.I. submits that on the legal issues raised herein, respondent-Ministry of Environment, Forest and Climate Change, Government of India has taken a considered stand as reflected in the counter affidavit filed in W.P.(C) No.5695/2016 in the case of Steel Authority of India Limited v. The Union of India and Ors. They adopt the same stand so far as the present matter is concerned.;