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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rongon Mukhopadhyay, Deepak Roshan, JJ.
Universal Stone Crusher – Appellant
Versus
The State of Jharkhand and Others – Respondents
L.P.A. No. 458 of 2014
Decided On : 23-01-2024
(A) Eco-sensitive Zone Notification - The petitioner challenged the Central Government's notification declaring an area as Eco-sensitive Zone, which prohibited the operation of his brick kiln. The court found no merit in the appeal as the petitioner was operating a commercial mining activity within the prohibited area. (Paras 3, 4, 5)
(B) Writ Jurisdiction - The court reiterated that it will not interfere with the findings of the learned Single Judge unless there is a clear case of illegality or injustice. (Paras 4, 5)
Facts of the case:
The petitioner was granted a license and consent to operate a brick kiln but was directed to close it due to the Eco-sensitive Zone notification.
Findings of Court:
The court upheld the dismissal of the writ petition, affirming the prohibition on the operation of the brick kiln.
Issues: The main issue was the legality of the Central Government's notification declaring the area as Eco-sensitive Zone.
Ratio Decidendi: The court ruled that the notification was valid and the petitioner had no grounds for interference.
Result: Appeal dismissed.
JUDGMENT :
1. Heard Mr. Nagmani Tiwari, learned counsel appearing for the appellant and Ms. Rashika Singh, AC to Mrs. Richa Sanchita, learned counsel for the respondent No. 3.
2. This appeal is directed against the order dated 16.09.2014 passed in W.P. (C) No. 8049 of 2012 by which the writ application preferred by the petitioner has been dismissed.
3. The writ petitioner is aggrieved by the fact that though he was granted license and was also having consent to operate by the Jharkhand State Pollution Control Board for running a brick kiln but by virtue of the Notification issued by the Central Government dated 29.03.2012 the petitioner was directed to close down the brick kiln. This was under challenge in W.P. (C) No. 8049 of 2012 which was dismissed and which led the appellant to prefer the present appeal.
4. It appears from perusal of the impugned order dated 16.09.2014 that the Central Government had notified an area of 5 k.m. from the boundary of the protected area of Dalma Wild Life Sanctuary as Eco-sensitive Zone and accordingly 522.98 sq. k.m. in the district of East Singhbhum and Seraikella Kharsawan has been notified and declared as an Eco-sensitive Zone. The petitioner has challenged the power of the Central Government in declaring the said area as an Eco-sensitive Zone and is aggrieved by the fact that he has been refused permission to operate his brick kiln. It is an admitted fact that the brick kiln of the petitioner is a commercial mining activity and in view of the notification dated 29.03.2012 it falls under the prohibited category and therefore the learned Single Judge had rightly come to a conclusion that the writ petitioner does not have of a case which could be interfered with.
5. In view of the above, we do not find any reason to interfere with the impugned order dated 16.09.2014, passed by the learned Single Judge in W.P. (C) No. 8049 of 2012 and consequently, this appeal stands dismissed.
The court upheld the validity of the Eco-sensitive Zone notification, affirming that the petitioner could not operate his brick kiln within the prohibited area.
Existing industries established before the Eco Sensitive Zone Notification cannot be presumed to be polluting without evidence, and prohibitions against new industries do not apply retroactively.
The court reinforced the enforcement of environmental regulations, necessitating compliance from brick kilns in eco-sensitive zones.
Brick kiln violations warrant closure, environmental compensation recovery, and remediation until statutory compliances met.
The court emphasized that prior judicial orders must be adhered to, and actions taken in contempt of such orders are impermissible.
''Zero Meter'' Eco-sensitive Zone- Law does not require a procedure akin to one, which is being followed at the time of making an environment impact assessment before giving clearance.
Pre-2012 brick kilns with valid consents exempt from 2012 siting criteria; environmental laws retroactively impose obligations without impairing vested rights, subject to compliance timelines.
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