ELECTROSTEEL STEELS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Before proceeding further in the matter, the order which was passed on 22.05.2015 needs to be recorded which reads as under :-

(2.) When the matter was taken up today, learned Assistant Solicitor General submitted that a counter-affidavit has been filed wherein it has been stated that when information was received to the Ministry of Environment, Forest and Climate Change, Government of India, New Delhi to the effect that M/s Electrosteel Steels Limited has been established over the forest land, the authority did write a letter to the Principal Secretary, Forest to ensure stoppage of production, if the factory has been established over the forest land. That letter reportedly was sent to the Pollution Control Board who took the decision according to his own wisdom.

(3.) As against this, Mr. A. K. Singh, learned counsel appearing for the Jharkhand State Pollution Control Board assisted by Mr. Krishna Muari and also by Mr. Sahdeo GP IV, submitted that it is true that the letter issued by the Ministry of Environment, Forest and Climate Change was never directed to the authority of the Pollution Control Board rather it was directed to the Principal Secretary, Department of Forest, but that letter was endorsed to the Pollution Control Board for taking necessary action and when the Board did find that the factory has been established over the forest land, the impugned order dated 18.04.2015 was passed asking the petitioner to close the functioning of the factory with immediate effect.