PAWAN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mr. S. L. Agarwal, the learned counsel appearing for the petitioners in all the writ petitions has submitted that a common question, "whether respondent Forester has jurisdiction to issue notice directing the petitioner(s) to close down the brick manufacturing unit/crushing unit" is involved in all the writ petitions. In some of the writ petitions the petitioner(s) sought a direction upon the respondents for not interfering with the petitioners' unit. Since the issue involved in all the writ petitions is similar, by this common order all the writ petitions are disposed of.

(2.) The petitioner, the proprietor of M/s Kanak Bricks, is engaged in the business of manufacturing bricks in the District of East Singhbhum. Prior to 1999 mobile chimneys were installed for manufacturing bricks however, vide notification dated 05.10.1999, the Central Government prohibited mobile chimney. Thereafter, the petitioner installed fixed chimney after taking permission from the Department of Mines under Rule 31 of the Jharkhand Minor Mineral Concession Rule, 2004 and invested more than Rs. 10 lacs for constructing fixed chimney. The petitioner was granted permit under Rule 31 of the Jharkhand Minor Mineral Concession Rules, 2004 vide letter dated 26.06.2009. After issuing notification dated 29.03.2012, on 07.11.2012 some officers of the Government of Jharkhand visited the unit of the petitioner and directed him to close down the brick kiln. Two pages of notification dated 29.03.2012 was handed over to the petitioner and the petitioner was informed that in view of the notification dated 29.03.2012, the petitioner's unit is required to be closed down.

(3.) The petitioner, M/s R.D.S. Bricks, is engaged in the business of manufacturing bricks in the District of East Singhbhum since 2000. Prior to 1999 mobile chimneys were installed for manufacturing bricks however, vide notification dated 05.10.1999, the Central Government prohibited mobile chimney. Thereafter, the petitioner installed fixed chimney after taking permission from the Department of Mines under Rule 31 of the Jharkhand Minor Mineral Concession Rule, 2004 and invested more than Rs. 10 lacs for constructing fixed chimney. The petitioner was granted permit under Rule 31 of the Jharkhand Minor Mineral Concession Rules, 2004 vide letter dated 27.10.2008, 31.10.2009, 13.10.2010 and 18.10.2011. The petitioner's unit was granted consent to operate by the Jharkhand State Pollution Control Board under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981. After the Central Government issued notification dated 29.03.2012, the Forester, Bhadudih, Jamshedpur issued closure notice dated 05.11.2012 directing the petitioner to close down the brick kiln failing which action would be taken under the Wild Life (Protection) Act, 1972.