NGT defers to Pollution Control Board's environmental compensation computation and closure enforcement for confirmed violations of clearance conditions, finding no further adjudication needed post-deposit directions.

-

Item No.06 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.63/2024/EZ (Earlier O.A. No.18/2024/PB)

Ajay Kumar Murarka Applicant(s)

Versus State of Jharkhand & Ors. Respondent(s)

Date of hearing: 12.02.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Rajesh Bhardwaj, Adv. (in Virtual Mode)

For Respondent(s) : Ms. Aishwarya Rajyashree, Adv. for R-1&3 (in Virtual Mode), Mr. Dev Aaryan, Adv. for R-2 (in Virtual Mode), Mr. Varun Kothari, Adv. for R-4

ORDER

1. Mr. Rajesh Bhardwaj, learned Counsel is present (in Virtual Mode)

on behalf of the Applicant.

2. Affidavit dated 11.02.2025 has been filed on behalf of the Respondent No.2, Jharkhand State Pollution Control Board; the same is taken on record.

(Final order of the said case will be uploaded in website in separate sheets of paper).

..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM February 12, 2025, Original Application No.63/2024/EZ (Earlier O.A. No.18/2024/PB)

SKB Item No.06 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)

-

Original Application No.63/2024/EZ (Earlier O.A. No.18/2024/PB)

In the matter of:

Ajay Kumar Murarka M.E. School Road, Near Rajasthan Sewa Sadan Hospital, Jugsalai, Jamshedpur - 831006 .... Applicant(s)

Versus

1. State of Jharkhand Through Chief Secretary, Government of Jharkhand;

2. Jharkhand State Pollution Control Board Through Member Secretary;

3. District Magistrate, Seraikela Jharkhand;

4. M/s. GM Iron & Steel Co. Ltd.

Adityapur Industrial Area, Dist.: Saraikela Kharsawan .... Respondent(s)

Date of hearing: 12.02.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Rajesh Bhardwaj, Adv. (in Virtual Mode)

For Respondent(s) : Ms. Aishwarya Rajyashree, Adv. for R-1&3 (in Virtual Mode), Mr. Dev Aaryan, Adv. for R-2 (in Virtual Mode), Mr. Varun Kothari, Adv. for R-4

ORDER

1. Mr. Rajesh Bhardwaj, learned Counsel is present (in Virtual Mode)

on behalf of the Applicant.

2. Original Application No.18/2024 was originally registered by the New Delhi Bench of the National Green Tribunal on a letter petition. The relevant part of the letter petition noted by the Tribunal reads as under:-

-

“X X X X Subject: Violation of CTO and EC conditions by M/s. GM Iron & Steel Co. Ltd., Adityapur Industrial Area, Dist. Saraikela Kharsawan in connivance with officials of JSPCB.

X X X X With reference to the above captioned subject, I would like to draw your kind attention towards the CTO granted to the aforesaid company flouting all rules and regulations and ignoring the conditions imposed by the board as well as MOEF.

On going through the conditions of the CTO vide Ref No. JSPCB/HO/RNC/CTO-14997114/2023/516, dated

23/03/2023, the following discrepancies are found:

1. Under the heading of documents relied upon, in the Si No. 2 (9), it appears that reliance has been made on the Inspection report of Regional Officer, JSPCB, Jamshedpur dated 21/01/2023. Careful perusal of the said Inspection report also reveals that best efforts have been made to mislead and keep in dark, regarding the compliance of previous conditions. Under the heading, specific conditio