GENERAL MANAGER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard 1. Mr. Indrajit Sinha along with Mr. Rishav Kumar, learned counsel for the petitioners, Mr. V.S. Sahay, learned counsel for the State and Mr. Prabhash Kumar, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceedings initiated as against the petitioners in connection with C/7 Complaint Case No.28 of 2012 including the order dtd. 27/2/2012 read with order dtd. 6/3/2012, pending in the court of the learned Chief Judicial Magistrate, Chaibasa.

(3.) Opposite party no.2 has filed a complaint petition in the court of the learned Chief Judicial Magistrate, Chaibasa alleging commission of offence under Sec. 19 of the Environment (Protection) Act arraying officials of the Steel Authority of India Limited, Raw Materials Division, Manoharpur Ore Mines, District- West Singhbhum including the present petitioners as accused, which was registered as C/7 Complaint Case No.28 of 2012 alleging therein that the Dhobil Iron Mining Project of M/s. Steel Authority of India Limited is located in Village Dhobil, Tehsil Manoharpur Block, District West Singhbhum, Jharkhand. The Ministry of Environment and Forests, Government of India vide letter dtd. 20/4/2011 has pointed out that the said mine had enhanced production capacity without obtaining the requisite prior Environment Clearance from the Ministry of Environment and Forests as required under EIA Notification, 2006 thereby violated the provisions of Environment (Protection) Act, 1986. It was further alleged that the Ministry of Environment and Forests, Government of India vide the aforesaid letter dtd. 20/4/2011 has directed the State Government to initiate action against the above unit by invoking power under Sec. 19 of the Environment (Protection) Act, 1986 for the period for which the above unit has operated without obtaining requisite prior environmental clearance. It was also alleged that the Member Secretary, Jharkhand State Pollution Control Board, Ranchi vide its letter dtd. 12/11/2011 directed the complainant to file case in the competent court against the accused persons on the basis of the letter dtd. 20/4/2011 issued by the Ministry of Environment and Forests, Government of India, New Delhi directing the Government of Jharkhand to take action against the accused unit by invoking the powers under Sec. 19 of the Environment (Protection) Act, 1986 for the period for which the unit has been in operation without obtaining the requisite prior environmental clearance. The offence committed by the accused unit is punishable under Sec. 19 of the Environment (Protection) Act, 1986. Subsequently on 24/1/2012, opposite party no.2 filed an application for making amendment/correction in the column of offence committed as to under Sec. 15 of the Environment (Protection) Act instead of under Sec. 19 of Environment (Protection) Act.