JAN KALYAN SAMMITTEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant petition has been filed by one Jan Kalyan Sammittee through its President Prahlad Prasad son of late Dwarka Sahu resident of village ­ Chandwa PS & PS Chandwa (District ­ Latehar ) for issuance of appropriate direction upon the respondents not to open "Coal Siding" primarily on the ground that the action of the Railway Ministry in starting the coal siding is affecting the residential area resulting into causing enormous damage to the inhabitants of that area who have developed many diseases especially children.

(2.) If one looks at the averments made in the petition, it primarily relates to the envioronmental issues which fact is also evident from a letter written by Jan Kalyan Sammittee to the Divisional Regional Manager, Dhanabd, dated 29th January, 2015.

(3.) The Secretary, Jharkhand State Pollution Control Board, respondent no.3, has filed counteraffidavit through Assistant Envioronmental EngineercumRegional Officer, Jharkhand State Pollution Control Board, Dhurwa, making it clear that Assistant Envioronmental Engineer at one stage had issued a notice to M/s. East Central Railways, Dhanbad, under section 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 and 21 of the Air (Prevention & Control of Pollution) Act, 1981 for NOC and after dealing with the said show cause notice, ultimately, vide order dated 4th June, 2015 (Annexure ­ B), directed to stop the construction/operation of the Railway Siding at Mauza Tori, Khata No.01, Plot No.167176 Chandwa, Latehar, with immediate effect. Mr.Saboo, counsel for the Board, has made a statement that immediately after the aforesaid order was passed stopping the aforesaid operation at a particular place, information to him is that Coal Siding Operation at that place is no longer in operation.