COURT ON ITS OWN MOTION Vs. STATE OF JHARKHAND
LAWS(JHAR)-2018-2-222
HIGH COURT OF JHARKHAND
Decided on February 20,2018

COURT ON ITS OWN MOTION Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) Pursuant to our order dated 06.02.2018, Mr. Sunil Kumar Burnwal, Secretary, Industry, MinesGeology, Government of Jharkhand, Ranchi; Mr. A.K.Rastogi, Special Secretary, Forest, EnvironmentClimate Change, Government of Jharkhand; Mr. Rajeev Lochan Bakshi, Member Secretary, Jharkhand State Pollution Control Board and Mr. A.B. Sidiqque, Mines Commissioner, Jharkhand, Ranchi are present.
(2.) There were 3/4 serious concerns on which we sought presence of these Officials as it appeared that the progress in the matter has become sluggish. They are inter alia as follows:- (a) The need of laying down uniform guidelines for preparation of D.S.R of minor minerals other than sand, in the light of the notification dated 16.01.2016. (b) Apparent delay in preparation of District Survey Report ( DSR) in respect of sand by the District authorities of the respective Districts, despite reminders sent by the Directorate of Mines. (c) The recurrent rather increasing trend of illegal mining reported in the last year from various districts, action required to be taken to check them as also to launch prosecution, recovery of fines etc in that regard. (d) The role of the State Pollution Control Board in ensuring that terms and conditions for grant of consent to operate to such lessees are duly complied with and violation, if any, are promptly checked.
(3.) An affidavit has been filed by the Ministry of Environment, Forest and Climate Change (MOEFCC), Government of India in response to our order dated 15.01.2018. On the first aspect of the matter, the affidavit reiterates that Appendix-X to the notification dated 15.01.2016 lays down the format for preparation of D.S.R of not only sand but also other minor minerals, but it completely falls short of providing any reason in support of such stand. We need not extract Appendix-X as it is well within the knowledge of its author MoEF &CC, Government of India. A bare perusal thereof, prima facie makes it clear that it relates to preparation of D.S.R of sand and Bajri. Most of the columns under Appendix-X only support the aforesaid inference.;


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