Sanjay Sahani vs State of Jharkhand And Ors

This contempt petition has been filed under Section 11 and 12 of the Contempt of Courts Act, 1971 for non- compliance of order dated 23.01.2019 passed in W.P. (S) No. 5928 of 2018, whereby and whereunder following directions has been passed:

"3.In view thereof, without entering into the merit of the claim of the petitioner, petitioner is at liberty to approach before the Respondent No. 4-Member Secretary, District Level Environment Impact Assessment Authority to raise his grievance within two weeks from the date of receipt of copy of this order, which shall be looked into by such authority by taking appropriate decision in accordance with law shall pass order within six weeks from the date of receipt copy of this order.

Learned counsel for the petitioner has submitted that with the liberty aforesaid, the petitioner submitted a representation before the Respondent No. 4-Member Secretary, District Level Environment Impact Assessment Authority within the stipulated period of time, whereupon the said authority has arrived at a conclusion to forward the matter of the petitioner before the Regional Officer, Jharkhand Pollution Control Board, Ranchi in exercise of power conferred under Environment Protection Act, 1986, therefore it cannot be said that order passed by the writ Court has been complied with.

It has further been submitted even though the same has been forwarded before the said authority on 16.03.2019 but as yet no final decision has been taken.

This Court, after hearing learned counsel for the parties and on going across the impugned order dated 23.01.2019, has found from the order passed by the writ Court that specific direction was upon the respondent no. 4-Member Secretary, District Level Environment Impact Assessment Authority but he has expressed his inability in taking decision, as directed by the writ Court, in view of the fact that no power having been conferred upon him and therefore, he has referred the matter before the Regional Officer, Jharkhand Pollution Control Board to take final decision.

In view thereof, according to considered view of this Court, no case of contempt is made out against respondent no.

However, since the respondent no. 4 has forwarded the matter before the Regional Officer, Jharkhand Pollution Control Board, Ranchi, therefore, in the interest of justice, the Regional Officer, Jharkhand Pollution Control Board, Ranchi is directed to take final decision in the matter within a period of four weeks from the date of receipt/production of copy of this order.

Learned counsel for the Pollution Control Board is present in the Court and she ensures this Court regarding communication of this order forthwith to the Regional Officer, Jharkhand Pollution Control Board, Ranchi.

However, petitioner is also directed to communicated the copy of this order to the Regional Officer, Jharkhand Pollution Control Board, Ranchi within a period of two weeks from the date of receipt of copy of this order.

With the aforesaid observations and directions, the contempt petition is disposed of.