3^S(T2(T5Rr, aTn«'ie,Rl<?>iyy VWvt\ *t<|ch WI, 200 aiI^OT TR% (T[c|fggqw) sil^l.q^ ft;-fi* WII3IR5T 'sEW -:^-' ^.v t^iTwateT ai^r HI6H COURT OF CHHATTI W.P. (C) No.07 PETITIONER Vs RESPONOENTS ^rt^ ^uii<-^, ^ll^Tift'T 'RFI^f Tf 'f^Zl' Tf^l^K i; aifgir aii^r 6ARH AT BILASPUR OF 2008 6ram| Panchayat 6are, through Up- Sarp^inch Smt. Chandrawati, W/o Hari^ar Patel, aged about50 years, Up-5|arpanch 6ram Panchayat 6are, Villa^e 6are, Block Tamnar, Dist. Raigcjrh (C6) 1. Ujiion of India, through S^cretary, Ministry of Mines, N^w Delhi, Delhi. 2. S^cretary, Ministry of Eitvironment & Forest, New D^lhi, Delhi. 3. Sf'ate of Chhattisgarh, through S^cretary, Department of Mines <&| Minerals, D.K.S. Bhawan, W|antralay, Raipur (C.6.) 4; 5^cretary, Chhattisgarh Etivironment Conservation B|?ard, Raipur (C.6.). 5. R^gional Officer, C.6. Ehvironment Conservation Bt>ard, T.V. Tower Road, Rai9arh (<|:.e.) 6. Messrs Jindal 5teel and Power L|'d. through its Managing D|irector, Raigarh (C.6.) 7. C|3llector, Raigarh, Dist. Raigarh (<:.6.) -FS/59—8/2007 —30.000. .^., 3Sq' -<<l<ll<?i<<, aiTfl«'16,Rlcil.My ^Wvi[ **11* W^ 200 sn^T 'VRK Cpfy^) 3II^T.^I (i;-fi't> ?rar<aii^?r ^^lck ?^ITW DfTO sii^r Prbsent: Miss Deepali Pandey, Advo ORAL O D^ (Passed on __^>J irendra Mishra, J ^v By this petition the peti' through its Up-Sarpanch ha for establishment of the pn million ton per year in Villi Mand Raigarh on the ground their right to enjoyment of for full enjoyment of life, ui under the Constitution of quashingof the notice for pi (Annexure P-1) organized by Board (for short 'Board') <| suffers from procedural def^ The grievance of the peti| projects and activities are ^t^ gsp'n^', ^l^-Hll "Rffl^ff ^f fel^t' ^-^R ^ sifirT 3i^r ate for the petitioner. DER inuary. 2008) ioner-Gram Panchayat Gare challenged the procedure Iposed Captive Coal Mines-4 [ge 6are- IV/6 Coal Block- •hat the same is violative of pollution free water <& air hich is a fundamental right ;ndia and also prayed for iblic hearing dated 5.1.2008 C.G. Erivironment Protection t Village Khamariya, as it .ct. ioner is that various mining going in the area which is —FS/59— 8/2007 —30.000. iTlre SHS ^^ 3:5??WH®i5T,®T?lu'16,Rl<?>l*fy ^ll^ctl *Ntdi •ff^ 200 31I^W ^il% (^pf59?tT) ail^T.'ro R!-fi«k wnsiK?r '*w* t^iiwafeT sn^r *wf<-«jl-<^wcfT^ feid) <fa^i< ii'3ifOT3I!^W continuously deteriorating t^ie environmentat condition of the region. The State ha^ allotted respondent No.6- Messrs Jindal 5teel and Powfer Ltd. (for short "JSPL") mining lease over tand adm^suring 381,42 hectares in Village Lamtara, Saraitola, 64re"Khamariya <& Karwahi for mining coal and to supply th^ JSPL for DRI manufacturer rj industrial project affect] same on exclusive basis to ear Raigarh. Any large scale the environment and therefore, the new project c|an be commenced only after prior environmental clea|rance. The report of environmental impact assessifient submitted by the JSPL does not bring the correct <\ project on the environment. ssessment of impact of the The affected people of the ^ area inclyding inhabitants o|f Gram Panchayat 6are are opposing the establishmen't of project apprehending increase in pollutionand envi^onment degradation. Ministry of Environment {ind Forests, New Dethi vide notification dated 14.9.200(6 has imposed restrictions and prohibitions on new according to which prior f Ss!"1101, t)rojects or activities and environmental ctearance is —FS/59— 8/2007 —30,000. ,..,.J__.,,,^ / :^ --^:.: -.».. in iiir THil y sf''~~vt. 1^,. ^15^?6?s>'r .w^ I-HG—78 30^1 ?? fSl-fWi W!S SD^t sfiNro 3^ •^ww^, •s'^w'w, Ri<?iiyy -37 ^WRW sKHIch W^ 200 an^r'<H% ('q^f^Ry) etfll^R yf?(T Sf^ necessary and before aci public hearing is to be Control Board or Union Tei and the public hearing is from the date of the rece the applicant and if the hearing within the stipura^ other agency or authori complete the process as p above notification. jording clearance ~a notice of i|sued by the State Pollution ;i|-ritory Pollution Control Board t]p be completed within 45 days Ipt of the request letter from toard faits to hold the public •^d period of 45 days, then any (ty is to be authorized to )|er procedure laid down in the In the instant matter, 1 has been issued by the hearing on 5.1.2008 and jrregularity in conducting being conducted by the above notification. From perusal of the petition and reliefs claitfied apparent that the apprehendingpollution & <^l<ll<rl<(ll *1(*1<;lf^fs*<) <I«|t$|< i? ailOT SD^I the notificationof Annexure P- |8oard on 5.12.2007 for public thus, there is a procedurdl tiublic hearing, as the same is Board in contravention of the bverments made in the writ by the petitioner, it is |etitioner 6ram Panchayat, fegradation of environment in .^fc... ..;,.g»ainSBi,. ^""k. '"ii S ligg^xlSE^-78 3^T "4l<ll<rt-i|, yTfly'KS, fcj<!<i|y^< ^-—y 'V^ 200 aii^?r TOT; (^f^s??) d<l?!|l ?if R;-li.* ^f^! 3Tlt?T yW^<f> TOIIW ^lfel 311^1 <SPlfa<(h^l*1<:<f ^fs'<^ <fa|^t<, ^sTRpT^n^ _.w^ the locality, is espousing not only 6ram Panchayaj inhabitants of surrounding pleadings also it is clear tl yet to be accorded by the the same is condition preci to establish an industry.x^ raise their objection first|l conducted by the Board concerned Government, v»| permission to commence tl always open to the petit| taken by the competent environmental clearance, i1| of filing properly petition. However, the in; form at thisstage cannot fcji With the aforesaid o| disposed of at the admissi^n constittlted jhe cause of general public of Gare but also of other localities as a whole. From the iat environmental clearance is |concerned pollution board and |dent for according permission |t is open to the petitioner to ly in the public hearing being and thereafter before the |ho is competent to accord |e project. In any case, it is |oner to impugn any decision d|uthority on the basis of any issued by the Board, by way public interest litigation |tant petitionin the present |e entertained. servations, .this petition is stage itself. .J^^ffa ^rcBsla