NEELANCHAL GRIHA NIRMAN SWABALAMBI SAHAKARI SAMITY LIMITED Vs. STATE OF JHARKHAND [ALONGWITH WP (PIL) NO.2886 OF 2003]

JUDGEMENT

(1.) HEARD counsel on all sides.

(2.) THE prayer in WP (PIL) No. 1888/03 is for the issue of a writ of mandamus directing the Tate Iron and Steel Company (TISCO) to complete the dumping of slag by the side of the rivers, Subaranrekha and Kharkai, from Mango to Shastrinagar, including a stretch of 0.8 KMs lying adjacent to the building complex of the petitioner.

(3.) THESE writ petitions are opposed by TISCO by contending that these are not Public Interest Litigations, but Private Interest Litigations, at the instance of the builders, who want their work to be got done by TISCO at its expense. Alternatively, it is submitted that an order has been issued by the State Pollution Control Board directing TISCO to stop the dumping work and hence TISCO was obliged to stop the work. It is further contended that in the said stretch of 0.8 KMs, if the dumping work is undertaken, that will encroach into the river itself, leading to the narrowing of the river at that spot leading to flooding on the other side of the river. It is stated that no relief should, be granted. In WP (PIL) No. 2886/03, the State Pollution Control Board has filed a counter affidavit, in which it is stated that it has directed TISCO to stop the dumping work in view of the apprehended pollution of the river in question. It is further submitted that the Central Pollution Control Board had directed the State Pollution Control Board to follow the directions with regard to dumping of slag on the banks of the river and on river beds. The State of Pollution Control Board, therefore, has asked TISCO to stop the dumping work and to take steps to get the slag already dumped, removed from the bed of the river. It is also submitted that a report from the National Environmental Engineering Research Institute (NEERI) has been sought for by the State Pollution Control Board with regard to the impact of slag dumping by TISCO and its report is being awaited. It is, therefore, stated that no writ could or should be issued at this stage directing it to give permission to TISCO as prayed for in WP (PIL) No. 2886/03. The State Pollution Control Board has not been impleaded as a party respondent in WP (PIL) No. 1888/03.