RANCHI, India, June 12 -- Jharkhand High Court issued the following order on May 11:

1. Heard Mr Rajeev Kumar who appears with Ms. Niteshwari Kumari, learned counsel for the petitioner, Mr Piyush Chitresh, the learned A.C. to A.G. appearing the respondent nos. 1, 2, 5 and 6, and Mr Amit Kumar Das, the learned counsel for respondent nos. 7 to 10.

2. Through this petition, which is filed in purported public interest, the petitioner seeks the following substantive reliefs: -

(a) For the directions to the respondents, especially the respondent no. 7 to 10 to stop the fire which has engulfed a huge stalk of coal located in the Tetariyakhad OCP, Rajhara area, Central Coalfield Ltd. and is causing enormous pollution and unbreakable emission of gases, causing air pollution (Sulphur Dioxide, Nitrogen Dioxide, Carbon Monoxide, Carbon Dioxide, etc.).

(b) For the directions upon the respondent no. 3 and 4 to curb fire of coal dumped by the respondent no. 11 and burning coal is not cleared or removed within a time frame due to the reasons best known to the respondent no. 11 and the directions may be given to the respondent no. 5 and 6 to co-operate with respondent no. 7 to 10 and respondent no. 11 to remove the piled stock of coal from the area so that the villagers of the area may survive.

(c) For the directions upon the respondent no. 2 to manage and supervise the entire operation of lifting of coal (burning coal) by suitable transport in the interest of the people in large.

3. Considering the photographs produced on record by the petitioner as well as the respondent numbers 7 to 10, coupled with the affidavit filed by Mr Vinayak Sawalkar, Senior Manager (HR), Rajhara Area, on behalf of respondents 7 to 10, it cannot be seriously disputed that there is a large-scale piling up of coal within the lease area operated by respondents 7 to 10.

4. There is also no dispute that this coal catches fire and is a source of pollution, not to mention other dangers to the lives and property of the people in the locality.

5. Paragraph 15 of the affidavit filed on behalf of the respondent nos. 7 to 10, against whom main reliefs have been sought in this petition, read as follows: - "15. That it is stated that the answering respondents being a PSU acknowledges that the piling up of the coal is not only detrimental to the business but also possess severe environmental impact and is hazardous hence so that the coal stockpile is not hazardous the answering respondents have undertaken several mitigating measures:-

i. Coal stockyard of the mine, is spread over a length of about 900 metres having an average width of about 70 metres and average height of about 12.5 metres.

ii. The incubation period of coal produced, is just 2-3 months. Hence there is a high tendency of spontaneous heating of coal, within a short period of time.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv1xD3xdio2gfPHMGCqhghIkDWxHhuvlHOL7hCNq93CRP&caseno=WPC/1411/2026&cCode=1&cino=JHHC010011902026&state_code=7&appFlag=)

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