M/S SHAH SPONGE AND ... v. UNION OF INDIA THROU...

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (C) No.3097 of 2024

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M/s Shah Sponge and Power Limited, a company incorporated under the Provisions of the Companies Act, 1956 and an existing company within the meaning of Companies Act, 2013 having its Administrative Office at H.No.18, 2^ndFloor, Padmalaya, Ram Mandir Shop Area, Bistupur, P.O. & P.S.-Bistupur, Jamshedpur, District-East Singhbhum through its General Manager, Corporate Affair, Arun Sinha, S/o Late Brijnandan Prasad, R/o Indrapuri Road, Road No.3, Ratu Road, P.O.-Ratu, P.S.-Sukhdeo Nagar, District-Ranchi.

.......... Petitioner.

-Versus-

1. Union of India through its Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi.

2. State of Jharkhand

3. Jharkhand State Pollution Control Board through its Secretary, Ranchi.

4. Deputy Commissioner, Jamshedpur, East Singhbhum.

5. Jairam Hansda, East Singhbhum Zila Congress Committee, Bistupur, Jamshedpur, East Singhbhum.

.......... Respondents.

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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Rajendra Krishna, Advocate Ms. Priya Sahay, Advocate

For U.I.O. : Mr. Sunil Kumar, C.G.C. For Res. No.3 : Mrs. Richa Sanchita, Advocate -----

Order No.06 Date: 09.01.2025

1. The present writ petition has been filed for quashing the order dated 9^thOctober, 2023 passed by National Green Tribunal, Eastern Zone, Kolkata as well as the order dated 26^thMay, 2022 passed by the Jharkhand State Pollution Control Board, whereby the environmental compensation has been assessed to the extent of Rs.3,95,71,875/-.

2. Having heard learned counsel for the parties and considering that the petitioner has efficacious/statutory remedy of preferring appeal under Section 22 of the

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National Green Tribunal Act, 2010 before the Hon'ble Supreme Court of India against the impugned order dated 9^thOctober, 2023 passed by the National Green Tribunal, Eastern Zone, Kolkata in Original Application No.97/2023/EZ, I am not inclined to entertain the present writ petition under Article 226 of the Constitution of India.

3. The writ petition is, accordingly, dismissed as not maintainable.

4. The petitioner is, however, at liberty to take statutory recourse of preferring appeal under Section 22 of the National Green Tribunal Act, 2010 against the aforesaid impugned order passed by the National Green Tribunal, Eastern Zone, Kolkata.

(Rajesh Shankar, J.) Vikas/

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W.P. (C) No.3097 of 2024

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