USHA MARTIN LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to issue Form 'D' I.e. Dealer/Transport Challan to the petitioner under the provisions of the Jharkhand Mineral Dealers Rules, 2007(hereinafter referred to as the 'Rules-2007').

(2.) IT has been stated that the petitioner is a Company and is engaged in the business of manufacture and sale of steel, alloy steel, all types of steel wires, wire ropes and its accessories at Gamharia in the district of Seraikela-Kharsawan and Ranchi. The petitioner has established its steel plant at Gamharia Industrial Area, District-Seraikela-Kharsawan. The petitioner installed a blast furnace and also installed sponge iron plants. The petitioner has been granted a mining lease in Form 'K' on 16.08.2005. The petitioner started mining operation and also the sponge iron plants. In course of mining operation, overburden, wastes, rejects and fines are generated, which amounts to approximately 50% of the total mines ore. The Form 'K' issued to the petitioner provides for use and disposal of Iron Ore as well as wastes, rejects and fines, but by order dated 11.12.2009, the District Mining Officer, Chaibasa pursuant to the order of the State Government prohibited disposal of rejects and fines. For the said reason, the petitioner was unable to dispose of the fines/unusable materials causing environmental hazards. The petitioner filed representation against the said prohibitory order of the State Government and ultimately, by resolution dated 13.08.2011 published in the Extraordinary Gazette no.580 dated 16.08.2011, the policy was formulated for lifting disposal/sale of Iron Ore fines overburden and other waste materials. The said resolution was also subsequently repealed.

(3.) CONSIDERING the said submissions, this writ petition is disposed of directing the respondents to consider the petitioner's representation regarding issuance of challan in Form 'D' for sale and despatch of Iron Ore fines and pass appropriate order, within four weeks from the date of receipt/production of a copy of this order.