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The Mills Store Company Bombay Private Limited Through Its Manager Namely Ajit Pokharkar Vs. The State of Jharkhand Through the Chief Secretary and Ors - Court Judgment

SooperKanoon Citation
CourtJharkhand High Court
Decided On
AppellantThe Mills Store Company Bombay Private Limited Through Its Manager Namely Ajit Pokharkar
RespondentThe State of Jharkhand Through the Chief Secretary and Ors
Excerpt:
.....at space no.1, 5th floor, park plaza, morabadi, po morabadi, ps bariyatu, town & district – ranchi (jharkhand), through its manager, namely, ajit pokharkar, son of gangaram pokharkar, resident of 20/9, mirashi nagar, kanjur marg (e), po bhandup, ps kanjur marg, district – mumbai – 400042, maharastra petitioner in all cases versus 1.the state of jharkhand through the chief secretary, having its office at project bhawan, po & ps dhurwa, district - ranchi 2.secretary, department of mines & geology, government of jharkhand, having its office at nepal house, po & ps doranda, town & district – ranchi 3.deputy commissioner, palamau, po, ps & district - palamau 4.district mining officer, palamau, po, ps & district - palamau 5.assistant mining officer, palamau, po, ps & district -.....
Judgment:

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (C) No. 2312 OF2015With W.P (C) No. 2353 OF2015With W.P (C) No. 2354 OF2015With W.P (C) No. 2364 OF2015With W.P (C) No. 2365 OF2015With W.P (C) No. 2366 OF2015With W.P (C) No. 2367 OF2015With W.P (C) No. 2368 OF2015With W.P (C) No. 2370 OF2015With W.P (C) No. 2371 OF2015With W.P (C) No. 2372 OF2015With W.P (C) No. 2373 OF2015With W.P (C) No. 2374 OF2015With W.P (C) No. 2375 OF2015With W.P (C) No. 2376 OF2015With W.P (C) No. 2378 OF2015With W.P (C) No. 2385 OF2015With W.P (C) No. 2386 OF2015With W.P (C) No. 2387 OF2015With W.P (C) No. 2388 OF2015With W.P (C) No. 2389 OF2015With W.P (C) No. 2390 OF2015With W.P (C) No. 2391 OF2015With W.P (C) No. 2392 OF2015With W.P (C) No. 2393 OF2015With W.P (C) No. 2394 OF2015With W.P (C) No. 2395 OF2015With W.P (C) No. 2396 OF2015With W.P (C) No. 2397 OF2015With W.P (C) No. 2398 OF2015With W.P (C) No. 2399 OF2015With W.P (C) No. 2401 OF2015With W.P (C) No. 2402 OF2015With W.P (C) No. 2403 OF2015With W.P (C) No. 2404 OF2015With W.P (C) No. 2405 OF2015With W.P (C) No. 2406 OF2015With W.P (C) No. 2407 OF2015With W.P (C) No. 2408 OF2015---- The Mills Store Company (Mumbai) Private Limited, having its office at Space No.1, 5th Floor, Park Plaza, Morabadi, PO Morabadi, PS Bariyatu, Town & District – Ranchi (Jharkhand), through its Manager, namely, Ajit Pokharkar, son of Gangaram Pokharkar, resident of 20/9, Mirashi Nagar, Kanjur Marg (E), PO Bhandup, PS Kanjur Marg, District – Mumbai – 400042, Maharastra Petitioner In All Cases Versus 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Deorikhurd, Hussainabad Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2312/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Kukhi, Haidernagar Anchal, PO & PS Japla, Palamau District, Jharkhand. Respondents In W.P (C) No. 2353/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Deorikala, Hussainabad Anchal,PO & PS Hussainabad Palamau District, Jharkhand. Respondents In W.P (C) No. 2354/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Pakur, PO, PS & District - Pakur 4.District Mining Officer, Pakur, PO, PS & District - Pakur 5.Assistant Mining Officer, Pakur, PO, PS & District - Pakur Respondents In W.P (C) No. 2364/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Benikala, Hussainabad Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2365/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Kharagpur, Hariharganj Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2366/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Kataiya, Hariharganj Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2367/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Rehlanagar, Vishrampur Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2368/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Sudna Pakshimi, Sadar Medini Nagar Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2370/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Sirma, Patan Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2371/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Kolhua Sonbarsa, Mohammadganj Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2372/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Mahugawan, Chainpur Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2373/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Pansa, Mohammadganj Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2374/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Redma, Sadar Medini Nagar Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2375/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Pakur, PO, PS & District - Pakur 4.District Mining Officer, Pakur, PO, PS & District - Pakur 5.Assistant Mining Officer, Pakur, PO, PS & District - Pakur Respondents In W.P (C) No. 2376/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand 7.Gram Panchayat Mohammadganj, Mohammadganj Anchal, Palamau District, Jharkhand. Respondents In W.P (C) No. 2378/2015 1.The State of Jharkhand through the Chief Secretary, having its office at Project Bhawan, PO & PS Dhurwa, District - Ranchi 2.Secretary, Department of Mines & Geology, Government of Jharkhand, having its office at Nepal House, PO & PS Doranda, Town & District – Ranchi 3.Deputy Commissioner, Palamau, PO, PS & District - Palamau 4.District Mining Officer, Palamau, PO, PS & District - Palamau 5.Assistant Mining Officer, Palamau, PO, PS & District - Palamau 6.State Level Environment Impact Assessment Authority, Jharkhand through its Member Secretary, C170, Road No.04, Ashok Nagar, Ranchi, Jharkhand Respondents In W.P (C) Nos. 2385,2386,2387,2388,2389, 2390,2391,2392,2393,2394,2395,2396,2397,2398,2399,2401,2402,2403, 2404,2405, 2406, 2407 & 2408 /2015 ----- CORAM: HON'BLE MR.JUSTICE VIRENDER SINGH, CHIEF JUSTICE ----- For the Appellant/Petitioner : M/s.Rajiv Ranjan, Senior Advocate, Indrajit Sinha, Alok Sangwan, Shresth Gautam, Ajay Sah, Shvay Mishra, Piyus Chitresh For the Respondent-State : M/s.Anil Kumar,JC to Mr. B.Poddar, A.G, K.Sundaram, JC to Mr.Ajit Kumar, AAG For the Respondent-SLEIAA : Mr.Bhanu Kumar ------ Order No.3 Dated 14th August, 2015 Per Virender Singh,C.J.

Mr.Rajiv Ranjan, learned Senior Counsel, with Mr.Indrajit Sinha appears on behalf of the petitioner. Notice to respondent nos.1 to 6. Mr.Anil Kumar, JC to Mr.B.Poddar, learned Advocate General, and Mr.K.Sundaram, JC to Mr.Ajit Kumar, learned Additional Advocate General, accept notice on behalf of all the three respondent nos.1 to 5. Mr.Bhanu Kumar accepts notice on behalf of the State Level Environment Impact Assessment Authority, Jharkhand. Respondent no.7 is not being served for the time being. Service is, thus, complete. Reply to the instant petitions to be filed within two weeks with a copy in advance to the assisting counsel to Mr.Rajiv Ranjan, learned Senior Counsel. List again on 04.09.2015. Registry is directed to tag the records of W.P (C) Nos.2660 & 2662 of 2015. Since A.K.Pandey is no more in this world, Registry is directed to reflect the name of Mr.Bhanu Kumar, as the counsel appearing for the State Level Environment Impact Assessment Authority, Jharkhand. (Virender Singh, C.J.) dey


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