Jharkhand High Court
Stp Limited vs The Union Of India Through The Secretary on 25 September, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No.7340 of 2012
----
STP Limited, a registered company under the Indian Companies Act, 1956,
Jamshedpur, having its registered office at Turner Morrison Building, 1st Floor, 6,
Lyons Range, P.O.and P.S.: Hare Street, Kolkata and its factory at village:
Mirzadih, Patamda, through Sri. K.K.Biyani, S/oLate BC BIYANI, Director,
Resident of 15C Anil Roy Road, Kolkata 700029.
.... .... Petitioner(s)
Versus
1. The Union of India through the Secretary, Ministry of Environment & Forests,
New Delhi.
2. The State of Jharkhand through the Secretary, Department of Environments &
Forest, Government of Jharkhand, Ranchi.
3. The Forest Range Officer, Dalma Range, Dalma wild Life Sanctuary
Jamshedpur. .... .... Respondent(s)
----
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
----
For the Petitioner(s) : Mr. Hemant Kr. Shikarwar, Adv.
For the Respondent(s) : Mr. Abhijit Kr. Singh, C.G.C.
----
th
10/Dated: 25 September, 2024
1. Heard the learned counsel for the parties.
2. The writ petition has been filed for following reliefs:-
"(1) For the issuance of an appropriate writ/writs, order/orders, direction
/ directions or a writ in the Nature of Certiorari for quashing the order
dated 10.10.2012 (Annexure-6) issued by the Forest Range Officer,
Dalma Range, Dalma Wild Life Sanctuary, Jamshedpur vide which
Order the Respondent No.: 3 has directed the Petitioner to shut down its
factory in an illegal and arbitrary manner
AND/OR
(ii) For the issuance of an appropriate writ/writs, order/orders, direction /
directions directing that during the pendency of the instant writ
application, the respondents be prevented from taking any coercive
action on the basis of the order dated 10.10.12
(iii) For the issuance of an appropriate writ/writs, order/orders, direction /
directions directing that during the pendency of the instant writ
application, the respondents be restrained to implement the notification
dated the, 29, March 2012 and order dated 10th October 2012 in relation
to petitioner's factory at Dimna Road, Mirzadih, Jamshedpur 831018.
AND/OR
(iv) For issuance of such other writ(s), order(s) or direction(s) as this
Hon'ble Court may think just and proper in the facts and circumstances
of the case doing conscionable justice to the petitioners."
3. Thus, the issue involved in the present writ petition is the effect of the
notification dated 29.03.2012.
4. It appears that there was series of litigation and various writ petitions have
been filed before this Court in batch of cases i.e. W.P. (C) No.2761 of 2014 with
analogous cases. The issue has been settled that it will apply on the existing unit
also and accordingly the writ petitions have been dismissed vide order dated
16.09.2014.
5. It further appears that against the order of the said writ court, Letters Patent
Appeal has been filed which has been heard together being L.P.A. No.391 of 2014
and analogous cases and the same have been disposed of vide order dated
16.11.2016. Paragraph No.18 of the said LPA is relevant which is quoted
hereinbelow:-
"In view of the aforesaid discussions, we are of the considered
view that since the cases of the appellants were required to be
decided by the National Green Tribunal, the appellants be given
the liberty to move the National Green Tribunal for adjudication
of their cases afresh. If the appellants move the National Green
Tribunal, the impugned judgment dated 16.9.2014 passed in
W.P. (C) No. 2761 of 2014 and analogous cases, shall not come
in the way of the National Green Tribunal in giving its
independent decision in the matters. Upon adjudication of the
matters by the National Green Tribunal, if made, the decision of
the National Green Tribunal shall prevail."
6. Thus, the LPA Court has held that the High Court has no jurisdiction rather
the jurisdiction lies with the National Green Tribunal. Accordingly, liberty has
been given to the parties to approach the National Green Tribunal.
7. Since the issue has been settled that appropriate remedy lies before the
National Green Tribunal, accordingly the present writ petition is, hereby, disposed
of giving liberty to the petitioner to approach the National Green Tribunal.
8. An interim protection granted to the petitioner vide order dated 08.07.2013
which is continued till date, is extended for further eight weeks from today.
9. The parties are at liberty to work out their remedy in accordance with law.
10. Pending I.A., if any, also stands disposed of.
(Rajesh Kumar, J.)
Amar/-
Uploaded
Page | 2 W.P. (C) No.7340 of 2012
