GRAMIN EKTA MANCH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THOUGH we have taken note of the facts in detail with respect to the proposed plan of B.C.C.L. as well as of the Forest Department in order dated 26.07.2011 but after going through the recent affidavit (supplementary counter affidavit) filed on 09.07.2012 by the Chief Manager (Mining) of the B.C.C.L. and the reports annexed therewith, in our considered opinion that though it is a matter relating to plantation in the forest in mining areas, on perusal of the facts, it is revealed that at present steps are being taken by the respondent-company for plantation and is not indulged in cutting the trees unnecessarily and there is no report that trees have been cut by the company, therefore, at this stage this Public Interest Litigation is disposed of, however, with the liberty to the petitioner to approach this Court again whenever the petitioner finds that there is deforestation by the respondent-company. It is made clear that if the petitioner wishes to approach this Court again after some time, after observing the situation, he must come with complete facts with detailed evidence in support of the allegation of the deforestation so that adequate measure may be taken under supervision of the Court.

(2.) IT will be relevant to mention here that learned counsel for the the B.C.C.L. submitted that lastly they were carrying out open cast mining in the year 2007 and now the company is seeking permission to cut 44 plus 82 trees for which they have submitted application to the D.F.O., Dhanbad and sought permission. However, this application is under process because of the pendency of this litigation. It is also submitted that the company will comply with the norms of plantation, if permission is granted and will do more than what is required. In the matter of plantation, permission is granted.

(3.) HOWEVER, we expect from the company that even if they are not cutting trees in the area even then they are supposed to go on for the plantation in the area as we have found in the last four years that except in the year 2011-12 there were no plantation by the company in most of the mining areas which is apparent from the chart submitted by them.