IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P.(C) No. 308 of 2020
            Indian Explosives Pvt. Ltd., Gomia, Bokaro, through its Legal Counsel, India-cum-
            Authorized Signatory, Sangeet Bakshi                           ..... Petitioner
                                            Versus
            1. The Jharkhand State Pollution Control Board, through its Member Secretary,
            Ranchi
            2. The Member Secretary, HEC Complex, Dhurwa, Ranchi
            3. The Environmental Engineer, Jharkhand State Pollution Control Board, Ranchi
                                                                            ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

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            For the Petitioner:          Mr. Sumeet Gadodia
            For the JSPCB:               Ms. Richa Sanchita, G.A-V
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02/04.02.2020        The present writ petition has been filed for quashing the order as contained

in Reference No. B-2054 dated 31.12.2019 (Annexure-16 to the writ petition) passed by the respondent No.2 whereby the petitioner has been directed to pay interim environmental compensation of Rs.1,00,00,000/- (One Crore only) and to submit the Performance Bank Guarantee of Rs.10,00,00,000/- (Ten Crore only) within 30 days from the date of issuance of the said order, failing which Consent to Operate issued in favour of the petitioner would be revoked and further direction would be issued for closure of the petitioner's unit under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981. The petitioner has also made the other related prayers.

Leaned counsel for the petitioner submits that the impugned order dated 31.12.2019 is wholly illegal as the Jharkhand State Pollution Control Board (JSPCB) has no such power to direct the petitioner to pay interim environmental compensation and to submit Performance Bank Guarantee. The petitioner is a subsidiary of Orica Limited, Australia which is a world leader in manufacture of commercial explosives and has employed more than one thousand persons in Gomia, Jharkhand. The petitioner has been complying all the relevant environmental laws and is committed to operate its unit in a responsible and environmentally sustainable manner. In fact, the impugned order dated 31.12.2019 has been passed by the respondent-JSPCB after the petitioner approached it with an intention to undertake the remedial measures for mitigating the underground water pollution in the area.

Learned counsel for the respondent-JSPCB, at the outset, submits that the present writ petition is not maintainable in view of Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 which provide a forum of appeal against the impugned order dated 31.12.2019 passed by the JSPCB.

Having heard leaned counsel for the parties and keeping in view that the petitioner has got efficacious/statutory remedy under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 of preferring appeal before the appellate authority against the impugned order dated 31.12.2019 passed by the Jharkhand State Pollution Control Board, I am of the view that the present writ petition is not maintainable at this stage. However, if the petitioner approaches the appellate authority within a period of 15 days from today by filing a memo of appeal along with a limitation petition for condonation of delay in filing the said appeal, the appellate authority shall liberally consider the limitation petition and shall take up the said appeal on its merit. The petitioner may also file an application seeking interim relief before the appellate authority against the impugned order dated 31.12.2019 passed by the JSPCB within the aforesaid period which shall be considered by the appellate authority without any undue delay. The appellate authority thereafter shall proceed to hear the said appeal on its merit and after providing due opportunity of hearing to both the sides, shall pass an appropriate order in accordance with law.

The respondent-JSPCB shall not take any coercive action against the petitioner in pursuance of the impugned order as contained in Reference No. B-2054 dated 31.12.2019 (Annexure-16 to the writ petition) passed by the respondent No.2 till the petitioner's application seeking interim relief is considered by the appellate authority.

Satish/-                                                             (RAJESH SHANKAR, J)