RAKESH SHRIVASTAVA vs STATE OF JHARKHAND

1 Item No.09 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.141/2023/EZ (Earlier O.A.

No.172/2023/PB) IN THE MATTER OF: Rakesh Shrivastava, H.

No.308, Near Durga Mandir, Tilli Sagar, M.P., …Applicant(s) Versus 1.

M/s Bihar Foundry and Casting Limited, Through its Managing Director, Ramgarh Industrial Area, Marar Village, Ramgarh (Tehsil & District), Jharkhand, Pin – 829117, 2.

M/s Goutam Ferro Alloys, A Unit of M/s Bihar Foundry and Castings Limited, Through its Managing Director, Ramgarh 2 Industrial Area, Marar Village, Ramgarh (Tehsil & District), Jharkhand, Pin – 829117, 3.

Ministry of Environment, Forests and Climate Change, Through its Secretary, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi, Pin – 110003, 4.

Jharkhand State Pollution Control Board, Through its Member Secretary, E-1, CTI Colony, Dhurwa, Ranchi, Pin – 834004, 5.

Central Pollution Control Board, Through its Chairman, Parivesh Bhawan, East Arjun Nagar, Delhi – 110032, 6.

Deputy Commissioner-cum-District Magistrate, DC Office, Chhattarmandu, Ramgarh, Pin – 525101, …Respondent(s) Date of hearing: 15.01.2024 2 CORAM: HON’BLE MR.

JUSTICE B.

AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR.

ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : None For Respondent(s) : Mr.

Arindam Banerjee, Adv. a/w Mr.

Sandip Agarwal, & Mr.

Shivam Bhimsaria.

Advs. for R-1 & 2, (in Virtual Mode) Ms.

D.

N.

Ray, Adv. for R-3, (in Virtual Mode) Mr.

Surendra Kumar, Advocate for R- 4, Mr.

Ashok Prasad, Advocate for R-5, Ms.

Aishwarya Rajyashree, Adv. for R-6, (in Virtual Mode) ORDER 1.

Case called out.

No one is present for the Applicant.

2.

Mr.

Sagnik Choudhury along with Mr.

Anubhav Khastagir (in Virtual Mode), learned Counsel who are already appearing on behalf of the Applicant in Original Application No.44/2023/EZ, state that the issue in Original Application No.141/2023/EZ (earlier Original Application No. cation No.172/2023/PB) and the allegations against the Private Respondents are absolutely identical to Original Application No.44/2023/EZ and that the Original Application No.172/2023/PB was registered by the Delhi Bench of the Tribunal on a complaint made by Mr.

Rakesh Shrivastava, the Applicant herein, which is now re-numbered on transfer to the Eastern Bench of the Tribunal as Original Application No.141/2023/EZ.

3.

Learned Counsel further inform that they have instructions from Mr.

Rakesh Shrivastava, the Applicant, not to press the Original Application No.141/2023/EZ (earlier Original Application No.172/2023/PB) and that Applicant would continue to prosecute the Original Application No.44/2023/EZ.

4.

We accordingly dismiss the Original Application No.141/2023/EZ (earlier Original Application No.172/2023/PB) as not pressed.

5.

I.As. if any, stand disposed of accordingly.

3 6.

There shall be no order as to costs. .....................................

B.

Amit Sthalekar, JM …......................

Dr.

Arun Kumar Verma, EM January 15, 2024, Original Application No.141/2023/EZ (Earlier O.A.

No.172/2023/PB) AK