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              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            W.P. (PIL) No. 1806 of 2015
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Court on Its Own Motion Versus the State of Jharkhand & others With W.P. (PIL) No. 290 of 2013 Hemant Kumar Shikarwar Versus the State of Jharkhand & others

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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: Mr. Indrajit Sinha, Amicus Curaie For the Resp - State: Mr. Vikash Kr. Sinha, JC to AG For the JSPCL: M/s Richa Sanchita, Prabhash Kumar, Advocates

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35/ 25.04.2018 State had filed its affidavit earlier on 11.04.2018 which refers to the measures being undertaken for checking illegal mining. State Pollution Control Board has filed an affidavit today which is in two parts; one deals with the role of Pollution Control Board in issuing Consent to Establish (CTE) and Consent to Operate (CTO), to implement the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Environment (Protection) Act, 1986 and directions of Ministry of Environment, Forest & Climate Change (MoEF & CC), Central Pollution Control Board, Delhi and Department of Forest, Environment & Climate Change, Government of Jharkhand. In the second part, it encloses the Action Taken Reports received from five Regional Officers stationed at Ranchi, Jamshedpur, Dumka, Dhanbad and Hazaribagh.

2. Conspicuously, affidavit and Action Taken Report do not even whisper about any assessment of the pollution levels in the areas where stone crushers are operating, more so where they are operating in clusters; what is air quality in such areas; what is the quality of water found in those areas, etc. We understand that this is one of the primary roles of the Pollution Control Board. After issuance of CTO, the authorities of the Board are not supposed to be in the state of inaction or hibernation. It is a regulatory authority, constantly required to assess not only the compliance of the conditions of CTE and CTO, but also to assess the quality of air, water, etc. where these clusters are operating. It is a common knowledge that crushers operate in clusters in view of heavy demand of stone chips in many of the districts of the State where stones are found in abundance. The activity of stone crushing and its transportation both generate huge amount of dust which, least to say, contains Particulate Material and Suspended Particle Materials 2 (SPM) of different sizes which are extremely hazardous to human health. The Pollution Control Board can't shut its eyes to these very hazardous polluting effects caused by the activities carried out under its CTO.

3. Learned counsel representing the Board submits that by the next date, authorities of the Board would carry out extensive exercise of assessment of pollution levels in the areas where crushers operate, more so where they are in clusters. Report about the action taken to ensure compliances would be brought on record by the next date.

4. Learned counsel for the State is also required to bring on record details of steps being taken in furtherance of the decisions which are referred to in their affidavit dated 11.04.2018. They would also mention about the steps taken for enforcement of various industrial laws which specifically apply to such kinds of stone crushing activities.

5. Let the matter appear on 15.05.2018 as an unfixed case. On or before the next date, affidavits of the State and Pollution Control Board should definitely be on record, failing which their officers may have to be summoned to appear in person.

6. Learned Amicus Curiae and learned counsel representing the petitioner in WP(PIL) No. 290/2013 are also required to assist the Court through affidavits containing concrete instances relating to the issues involved, so that deliberation in the present proceedings do not remain in abstract, but can be dealt with on the ground level.

7. Let a copy of the order be handed over to the counsel for the State and Pollution Control Board by Friday.

(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/