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Court On Its Own Motion Petitioner v. The State Of Jharkhand & Ors. S

Jharkhand High Court
Jan 6, 2014

We have heard Mr. Indrajit Sinha, learned Amicus Curiae; Mr. R.R Mishra, G.P.II; Dr. S.N Pathak, learned Sr. Advocate; Mr. A.K Pandey, learned advocate and Mr. Mokhtar Khan, A.S.G.I

On 16.1.2013, based on the counter affidavit filed on behalf of Jharkhand State Pollution Control Board, the following order was passed:

“As per the counter affidavit filed on behalf of Chairman, Jharkhand State Pollution control Board, there is no STP in Adityapur, Jugsalai, Mango and Jamshedpur Notified Area Committee and untreated sewage is being discharged into Kharkai and Swarnarekha river. It has proposed the following actions:-

(i) To stop dumping of municipal solid waste along Swarnrekha river near Bara area and give direction to Mango, and Jamshedpur Notified Area Committee.

(ii) To develop waste processing and disposal facility under Municipal Solid Waste (Management & Handling) Rule, 2000.

(iii) To establish STP for treatment of sewage in Jamshedpur and Jugsalai Notified Area committee Area.

(iv) For proper disposal of municipal solid waste in major towns of the State under Municipal Solid Waste (Management and Handling) Rules, 2000.

Pursuant to the subsequent order dated 16.4.2013, Mr. R. R. Mishra, G.P.II, appearing on behalf of the State of Jharkhand, submits that on 11.5.2013 and on 28.10.2013, the Chief Secretary, State of Jharkhand has convened a meeting and as per the minutes of the meeting an estimate for Rs. 33.36 crores has been sanctioned for Jamshedpur for Solid Waste Management Plant. In so far as district-Dhanbad, a plan for Solid Waste Management has been prepared for an estimated amount of Rs. 225 crores and Central Government has been addressed for sanction of Rs. 225 crores for sewerage project. In this regard, learned counsel appearing for the State of Jharkhand has sought time for getting further instructions by the State of Jharkhand. He also produced a copy of minutes of meeting held on 28.10.2013 before us in so far as, for the plan for sewerage project of Dhanbad at an estimate of Rs. 225 crores.

Since an amount of Rs. 225 crores has to be sanctioned by the Central Government for sewerage project of Dhanbad, the learned A.S.G.I, Mr. Mokhtar Khan, appears and takes notice on behalf of Union of India and prays for time to get necessary instructions in this regard.

Learned G.P.II shall furnish a copy of the letter to learned A.S.G.I, which has been addressed to the Union of India for sanction of Rs. 225 crores for sewerage project of district-Dhanbad.

As requested, let this matter appear on 27.1.2014

Let a copy of this order be issued to learned counsel for the State as well as Union of India.