VINDHYACHAL SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This application is directed against the impugned order no. 306 dated 11.05.2012 issued by the respondent no. 4, Assistant District Mining Officer, Latehar whereby he has expressed his inability to issue the transport challan in favour of the petitioners in absence of Environmental Clearance Certificate from the Department of Pollution Control Board. The petitioners have also sought direction upon the Pollution Control Board to issue N.O.C. under Section 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention of Control and Pollution) Act, 1981 and in the meantime petitioners have also sought for issuance of the transport challan in favour of these nine petitioners in the present writ petition.

(3.) According to the petitioners, they had been granted mining lease for the major minerals and deeds of lease have also been executed by the State Government for different period. They were carrying mining activities and extracted concerned minerals from mines and transported on the basis of transport challan issued from time to time by the respondent-Office of District Mining Officer. Learned counsel for the petitioners submits that the applications were made for grant of issuance of N.O.C. before the Pollution Control Board. It is also submitted that the applications for renewal of lease have been made by the petitioners within stipulated time after its expiry, which are still pending before the Competent Authority, therefore, in the meantime, they are entitled to continue their mining activities during the pendency of the renewal application of lease. However, because of the order passed by the Assistant Mining Officer, all the activities relating to transport of the excavated mineral is being suddenly interrupted.