RANCHI, India, Oct. 7 -- Jharkhand High Court issued the following order on Sept. 8:

1. This writ petition is under Article 226 of the Constitution of India seeking therein for the following reliefs:-

(A) For issuance of appropriate writ in the nature of certiorari or any other appropriate writ for quashing the order passed by the respondent No.2 contained in notice No.2528 dated 22.11.2016 in BPLE Case No.2/2007 whereby and where under the said respondent has been pleased to direct the petitioner not to carry out any work of any kind on the lands falling under Plot Nos.605 and 611 under Mouza Suranga, P.S Jharia, P.S No.155, District Dhanbad measuring 2.51 Acres as the said land is a forest land which falls under the category of Public land.

(B) Upon quashing letter/notice No.2528 dated 22.11.2016 to issue a further writ/order/direction commanding upon the respondents to forbear from interfering in mining and other activities being carried out by the petitioner over lands situated on Plot Nos.605 and 611 measuring 2.51 Acres in Mouza Suranga, P.S Jharia, District-Dhanbad.

(C) For issuance of any other writ/order/direction as your Lordships may deem fit and proper for doing justice to the petitioner.

Factual Matrix

2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, which read as under: -

(i) It is the case of the writ petitioner that the petitioner is a Central Government Company under the Ministry of Coal and a company incorporated under Section 617 of the Companies Act, 1956. South Tisra Colliery of M/s BCCL comprises of 5 collieries of different erstwhile colliery owners. These 5 collieries are Golden Jeena Gora, Diamond Tisra, Tisra (AG), Bengal Jharia and South Tisra Colliery.

(ii) By way of Policy decision taken by the petitioner for smooth running of the mine, the above mentioned 5 collieries were amalgamated and are presently known as South Tisra Colliery under the project North-South Tisra Colliery headed by the Project Officer under Lodna Area of M/s BCCL.

(iii) It is the further case of the writ petitioner that after becoming the owner of the aforesaid coal mine, M/s BCCL has developed the work shop and the work shop is functional even on this date and therefore, much prior to coming into force of the Forest (Conservation) Act, 1980, the lands in question were already broken up and therefore there was no existence of any forest or a protected forests in terms of the provisions of Section 29(3) of the Forest Act. The lands over which the workshop is in existence falls within the lease hold area of the Colliery being part and parcel of the registered indenture of lease bearing no.6959 of 1947 registered on 10.09.1947.

(iv) The repair and maintenance work at the workshop which was being carried out ever since 1962 for a period of more than 50 years without any objection whatsoever. All of a sudden, vide letter no.60 C dated 07.05.2016, the respondent no.2 informed the petitioner that while constructing workshop at South Tisra Colliery Forest lands have been wrongly utilized by M/s BCCL. Vide said letter, it has also been informed by the said respondent that prior to carrying out any non-forest work prior permission of the Central Govt. is required and having not taken the prior permission, the same would mean that the provisions of the Forest (Conservation) Act, 1980 have been violated. Vide said letter, the petitioner was asked to explain as to why appropriate legal action be not initiated against the officers of the company.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOFRuRh9eYCUeYlKNZGHIQt9QW0cya%2Fiu16EeOgvwqVIl&caseno=WPC/828/2017&cCode=1&cino=JHHC010242082017&state_code=7&appFlag=)

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