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Ms R D S Bricks Vs. Forest and Environment

Ms R D S Bricks vs Forest and Environment

Type Court Judgment Court Jharkhand Decided Jul 30, 2013
~2 min read
https://sooperkanoon.com/case/1008039

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Citation
Court
Jharkhand High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Ms R D S Bricks

Respondent

Forest and Environment

Excerpt

.....30.7.2013 in the main writ application the petitioner had approached with a grievance that the respondent no.3, forester, bhadudih, east singhbhum, jamshedpur, has issued a letter on 5th november, 2012, directing the petitioner to close its brick-kiln. according to the petitioner, under the provisions of environment (protection) act, 1986, under which a notification dated 29th march, 2012 has been issued and relied on both by petitioner as well as respondents the action to be taken are to be executed through an officer duly notified by the central government. the response in the counter affidavit on behalf of state- respondents as also respondent no.3, however, is silent on this aspect of the matter. learned counsel for the respondents-state therefore seeks time to get specific instruction whether any notification has been issued notifying the officer empowered to act under the environment (protection) act by the central government in dalma area in question and whether the respondent no.3 is duly authorized or delegated the powers to do so under the act. accordingly, let the matters be placed after two weeks under the heading 'for orders' to enable the learned counsel for the respondents to seek specific instruction in the matter. let a copy of this order be handed over to learned counsel for the respondents. (aparesh kumar singh, j) jk

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 7657 of 2012 With W. P. (C) No. 7668 of 2012 With W. P. (C) No. 7721 of 2012 With W. P. (C) No. 7791 of 2012 With W. P. (C) No. 8049 of 2012 --- M/s. R.D.S. Bricks ...Petitioner (W. P. (C) No. 7657 of 2012) M/s. G.S. Enterprises ....Petitioner (W. P. (C) No. 7668 of 2012) Bipendra Singh ....Petitioner (W. P. (C) No. 7721 of 2012). Universal Stone Crusher ..Petitioner(W. P. (C) No. 7791 of 2012). Universal Stone Crusher... ...Petitioner (W. P. (C) No. 7668 of 2012). -Versus- The State of Jharkhand & Ors. .....Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : Mr. S.L.Agarwal, Adv. For the Respondents : Mr. Ajit Kumar,AAG -- I.A.No. 5232 of 2013 In W. P. (C) No. 7657 o”

04. 30.7.2013 In the main writ application the petitioner had approached with a grievance that the respondent no.3, Forester, Bhadudih, East Singhbhum, Jamshedpur, has issued a letter on 5th November, 2012, directing the petitioner to close its brick-kiln. According to the petitioner, under the provisions of Environment (Protection) Act, 1986, under which a notification dated 29th March, 2012 has been issued and relied on both by petitioner as well as respondents the action to be taken are to be executed through an Officer duly notified by the Central Government. The response in the counter affidavit on behalf of State- respondents as also respondent no.3, however, is silent on this aspect of the matter. Learned counsel for the Respondents-State therefore seeks time to get specific instruction whether any notification has been issued notifying the officer empowered to act under the Environment (Protection) Act by the Central Government in Dalma Area in question and whether the respondent no.3 is duly authorized or delegated the powers to do so under the Act. Accordingly, let the matters be placed after two weeks under the heading 'For Orders' to enable the learned counsel for the respondents to seek specific instruction in the matter. Let a copy of this order be handed over to learned counsel for the respondents. (Aparesh Kumar Singh, J) jk

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