IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     W.P.(C) No. 6476 of 2014
       M/s Budhdeo Minerals through its Partner Raj Kumar Singh
       R/o Karkendwa Bazar, Dhanbad               ............    Petitioner
                          Vrs.
       1. The State of Jharkhand through its Secretary, Dept. of Forest
          & Environment, Government of Jharkhand, Ranchi
       2. The Jharkhand State Pollution Control Board through its Secretary
          Dhurwa, Ranchi
       3. The Member Secretary, Jharkhand State Pollution Control
          Board, Ranchi
       4. The Board Analysts, Jharkhand State Pollution Control
          Board, Ranchi
                                                          ..... Respondents
                          .......
    CORAM:HON'BLE MR. JUSTICE APARESH KUMAR SINGH
    For the Petitioner          : Mr. Shashank Shekhar
    For the Respondents         : Mr. Prabhash Kumar
                                : J. C to A.G.

06/19.09.2016

Heard learned counsel for the parties.

2. The order dated 25.11.2014 bearing memo no. G 4578 ( Annexure-6) passed by the Member Secretary, Jharkhand State Pollution Control Board refusing No Objection Certificate for enhancement of production capacity under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section 21 of the Air(Prevention & Control of Pollution) Act, 1981 has been assailed by the petitioner in the instant writ petition.

3. Learned counsel for the respondent no.2 to 4, Pollution Control Board submits that there is remedy of appeal under Section 28 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section 31 of the Air(Prevention & Control of Pollution) Act, 1981 before the Appellate authority constituted by the State Government, however within the limitation period prescribed for preferring an appeal.

4. In that view of the matter, on account of availability of alternative statutory remedy of appeal for the petitioner, this Court relegates the petitioner to pursue the appellate remedy before the Appellate Authority constituted by the State Government in terms of the aforesaid Acts within a period of 2 weeks. In case such an appeal is preferred, the Appellate authority would consider the question of delay in filing appeal sympathetically as the petitioner was pursuing his cause of action before this Court. The Appellate Authority thereafter would consider the matter -2- and dispose of the appeal as expeditiously as possible, if it is filled in the prescribed format and fulfills other conditions, in accordance with law preferably within 16 weeks from the date of receipt of the copy of this order.

5. The writ petition is disposed of accordingly. However, it is made clear that this Court has not gone into the merit of the matter.

         (Aparesh Kumar Singh, J.) A. Mohanty