CENTRAL COALFIELDS LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application the petitioner Central Coalfields Limited has challenged the order/direction dated 15.6.2003 issued by respondent No. 5 namely. Jharkhand State Pollution Control Board directing the petitioner to help private respondent No. 6 to remove the slurry from plot No. 836P, 837, 839P, 840 and 841P and further quashing the memo issued by Deputy Collector Incharge, Bokaro to Officer -in -Charge, Gumla Police Station directing him to give all possible assistance to respondent No. 6 in removing slurry from the land.

(2.) PETITIONERS case is that on the application filed by respondent No. 6 before Govt. of India Ministry of Forest and Environment stating therein that in his raiyati land since 15 years shiny has been deposited and he may be allowed to remove the same, the Minister vide letter dated 8.3.2002 allowed respondent No. 6 to lift the slurry from his land. Thereafter, vide letter dated 27.3.2002 the Central Government wrote to the petitioner to implement the aforesaid order dated 8.3.2002. Petitioner then received letter dated 15.6.2003 issued. by. Regional Officer Jharkhand State Pollution Control Board (in short State Pollution Board) directing the petitioner to allow respondent No. 6 to remove slurry from his land. Petitioner claims that the land of the aforesaid plot does hot belong to respondent No. 6 and the same belongs to the petitioner upon which slurry is being deposited / stored.

(3.) MR . Mahesh Tiwari, learned counsel for respondent No. 6 on the other hand submitted that respondent No. 6 by virtue of registered power of attorney acquired right title and interest over the land in question, he is entitled to remove slurry from the land. Learned counsel submitted that on the direction issued by the Central Government the petitioner was directed by the respondents to remove the slurry from the land in question.