RAMCHANDRA RUNGTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pandey Neeraj Rai, learned counsel for the petitioner, Mr. Rahul Saboo, learned counsel for the Jharkhand State Pollution Control Board-opposite party no.2 and Mr. Rajesh Kumar, learned counsel for the State.

(2.) This petition has been filed for quashing of the entire criminal proceeding arising out of the Complaint Case No.331/2013 including the order taking cognizance dtd. 15/1/2014, pending in the court of the learned Sub Divisional Judicial Magistrate, Hazaribagh.

(3.) The complaint case was filed alleging therein that the petitioner is the Director of the accused unit M/s Jharkhand Ispat Pvt. Ltd. located at District- Ramgarh, Jharkhand. It was further alleged that the accused unit has established 2 x 100 TPA DRI Kiln and 2 x 12 T induction furnace (Billet Caster) in November, 2006 and put them in operation without obtaining Environmental clearance from the Ministry of Environment and Forest, Government of India, New Delhi in violation of the EIA Notification, 2006. The Office Memorandum no. J-11013/41/2006-IA-II(I) dtd. 12/12/2012 and letter no. J-11011/41/2013-IA II (I) dtd. 12/6/2013 of MoEF, Government of India, New Delhi direct to take creditable action against the accused unit under Sec. 15 of the Environment (Protection) Act, 1986.