Jharkhand High Court
Central Coalfields Ltd. vs The State Of Jharkhand Through The ... on 24 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4160 of 2020 With I.A. No. 6571 of 2020
Central Coalfields Ltd., Ranchi through its General Manager, Rajhara Area,
Chandwa, Near Tori Railway Station, District- Latehar being represented by
Sri Harshad Datar ..... ... Petitioner
Versus
1. The State of Jharkhand through the Principal Secretary, Department of
Forest, Environment & Climate Change
2. Joint Secretary, Department of Forest, Environment & Climate Change,
Government of Jharkhand
3. Divisional Forest Officer, Latehar Forest Division, District- Latehar
.... .... Respondents
With
W.P.(C) No. 4161 of 2020 With I.A. No. 6572 of 2020
Central Coalfields Ltd., Ranchi through its General Manager, Magadh
Sanghmitra Area, PO- Dakra, PS- Khalari, District- Ranchi being represented
by Sri Kamlesh Kumar Sinha ..... ... Petitioner
Versus
1. The State of Jharkhand through the Principal Secretary, Department of
Forest, Environment & Climate Change
2. Joint Secretary, Department of Forest, Environment & Climate Change,
Government of Jharkhand
3. Divisional Forest Officer, Latehar Forest Division, District- Latehar
4. Range Officer of Forests, Balumath Forest Area, District- Latehar
.... .... Respondents
CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners :- Mr. A.K. Mehta, Advocate (in both cases)
For the Respondents :- Mr. Kaushik Sarkhel, G.A.-V [in WP(C) no. 4160 of 2020]
Mr. Vishal Kumar Rai, AC to GA-IV
[in WP(C) no. 4161 of 2020]
Order No. 04 Dated: 24.02.2021
Both the writ petitions are taken up together with the consent of the
learned counsel for the parties through video conferencing.
W.P.(C) No. 4160 of 2020 has been filed for quashing the order as
contained in letter no. 06/Ra.Wya.-03/2020-3145 dated 13.10.2020
(Annexure- 4 to the writ petition) issued under the signature of the
respondent no. 2 whereby the said respondent while referring to the
judgment of the Hon'ble Supreme Court reported in (2018) 14 SCC 537
(State of Uttarakhand & Ors. Vs. Kumaon Stone Crusher), has directed the
petitioner to pay the transit permit fee for transportation of coal (which is
said to be forest produce) irrespective of the fact that the same is being
originated from the forest/forest land or outside of the forest/forest land.
Further prayer has been made for quashing letter no. 1502 dated
09.12.2020 (Annexure-6 to the writ petition) issued by the respondent no. 3
whereby the said respondent has informed the petitioner pursuant to a
video conference held with the respondent no. 1 on 08.12.2020 in which the
respondent no. 1 had issued a direction to take measure for stopping
transportation of coal by the agencies who did not pay the permissible
transit fee with further observation that the said transit fee must be
deposited by way of challan under the relevant head and the copy of the
said challan be deposited in the office of the respondent no. 3 failing which,
the dispatch of coal would completely be stopped as per law.
W.P.(C) No. 4161 of 2020 has been filed making similar prayer
challenging the order dated 13.10.2020 issued by the respondent no.2
(Anneuxre-4 to the writ petition) and memo no. 1503 dated 09.12.2020
(Annexure-6 to the writ petition) issued by the respondent no. 3. The
petitioner, in the present writ petition has additionally challenged the letter
no. 322 dated 11.12.2020 (Annexure-7 to the writ petition) issued by the
respondent no. 4 whereby the Project Officer of Magadh Project under
Magadh Sanghmitra Area of CCL has been directed to immediately stop the
dispatch of the coal.
Mr. A.K. Mehta, learned counsel appearing on behalf of both the writ
petitioners, submits that W.P.(C) No. 4160 of 2020 has been filed in relation
to transportation of coal being excavated from Tetaria Khar (OCP) of Rajhara
Area of CCL whereas W.P.(C) No. 4161 of 2020 is concerned with Magadh
Open Cast Project (OCP) of Magadh Sanghmitra area of CCL. In both the
aforesaid collieries, the coal is not being excavated from the forest/forest
land. The said statements have been made in paragraph-22 of both the writ
petitions. It is further submitted that in similar cases led by W.P.(C) No. 3505
of 2020 (Eastern Coalfields Limited Vs. The State of Jharkhand & Ors.), this
Court has passed interim order directing the concerned respondents not to
take coercive action against those petitioners for transportation of coal from
their respective mines keeping in view that mining and transportation of coal
in the said cases were not being done from the forest/forest land. It also
submitted that the petitioners have prayed for interim relief by way of filing
interlocutory applications in both the writ petitions.
Mr. Kaushik Sarkhel, learned G.A.-V appearing on behalf of the
respondents in W.P.(C) No. 4160 of 2020 and Mr. Vishal Kumar Rai, learned
A.C. to G.A.-IV appearing on behalf of the respondents in W.P.(C) No. 4161
of 2020, though contest the submission of the learned counsel for the
petitioners on merit, yet accept the fact that in similar cases, this Court has
passed interim orders. They further pray for four weeks' time to seek
instruction and file counter affidavits in respective writ petitions.
Time, as prayed for, is allowed.
Put up these cases along with W.P.(C) No. 3505 of 2020 and other
analogous cases.
In the meantime, the respondents shall not take any coercive action
against the petitioner of both the writ petitions for transportation of coal
from respective mines in pursuance of impugned orders.
I.A. No. 6571 of 2020 in W.P.(C) no. 4160 of 2020 and I.A. No. 6572
of 2020 in W.P.(C) No. 4161 of 2020 stand disposed of accordingly.
(Rajesh Shankar, J.)
Ritesh/-
