W.P. (PIL) No.5732 of 2016 & anr IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 5732 of 2016 1. Bharatiya Suraaj Dal with registered office at Sinha Bhawan, Exhibition Road, Patna 800001 and Jharkhand Office at C 36, Harmu Housing Colony, opposite Patel Bhawan, Ranchi 834002 Dal represented by its President Sri P.K. Siddharth, son of Late Sri Nirmal Kumar Sinha, Resident of B-302, Shahdeo Towers, Shinghee Marg, P.O. Compound, Ranchi – 834002, Jharkhand. 2. Ekta Parishad, Basant Vihar Colony, Near Jhinjhariya Pul, post College More, Hazaribagh, represented by its State Coordinator, Jharkhand Sri Birendra Kumar, son of late Baleshwar Tiwary of post: College More, Gram Chano-1, Shanti Nagar, Heranganj, Hazaribagh, 825301 (Jharkhand). 3. P.K. Siddhart, S/o. late Shri Nirmal Kumar Sinha, r/o. B-302, Shahdeo Apartments, Singhee Marg, P.O. Compound, Ranchi. 4. Birendra Kumar, s/o. late Shri Baleshwar Tiwari, r/o. Post College More, Gram Chano-1, Shanti Nagar, Heranganj, Hazaribagh. ... Petitioners Versus 1. The State of Jharkhand, through the Chief secretary, Government of Jharkhand, P.O. and P.S. Dhurwa, District Ranchi. 2. The Principal Secretary, Department of Land and Revenue, Government of Jharkhand, P.O. and P.S. Dhurwa, District Ranchi. 3. The Principal Secretary, Department of Forest and Environment, Government of Jharkhand, P.O. and P.S. Dhurwa, District Ranchi. 4. Jharkhand State Pollution Control Board, Government of Jharkhand, HEC Area, Dhurwa, Ranchi 834004, through its Secretary. 5. Deputy Commissioner, Hazaribagh, Jharkhand. 6. Sub-divisional Officer, Hazaribagh, Jharkhand. 7. Circle Officer, Badkagaon, District Hazaribagh, Jharkhand, PIN: 825311. 8. Circle Officer, Keradari Block, District Hazari Bagh, Jharkhand. 9. Superintendent of Police, Hazaribagh. 10. Divisional Forest Officer, West Hazaribagh Division, near Bus Stand, District Hazaribagh. 11. Land Acquisition Officer, Hazaribagh. 12. Chairman, NTPC Ltd, Core 7, Scope Complex, Lodhi Road Institutional Area, New Delhi 110003. Page 2 of 6 W.P. (PIL) No.5732 of 2016 & anr 13. Executive Director, NTPC Site Office, P.O. and P.S. Badkagaon, Hazaribagh, PIN 825311. 14. The Secretary, Ministry of Environment & Forests, Govt. of India, 3rd Floor, Prithvi Wing, Paryavaran Bhawan, Jorbagh, New Delhi- 110003. 15. Thriveni Sainik Mining Private Ltd., having its office at Pakri Barwadih Coal Mining, Project Langatu, Barkagaon, District Hazaribagh, Jharkhand – 825311. 16. Gram Sabha Urub, C/o. Sarita Pallavi, Mukhia (Sindhwari Panchayat), P.O- Kandaber, P.S.- Barkagaon, District – Hazaribagh, Jharkhand. 17. Gram Sabha Chirudih, C/o. Sarita Pallavi, Mukhia, (Sindhwari Panchayat), P.O- Kandaber, P.S.- Barkagaon, District – Hazaribagh, Jharkhand. 18. Nagadi Gram Sabha, C/o. Sarita Pallavi, Mukhia (Sindhwari Panchayat), P.O- Kandaber, P.S.- Barkagaon, District – Hazaribagh, Jharkhand. 19. Sonbarsa Gram Sabha, C/o. Sarita Pallavi, Mukhia (Sindhwari Panchayat), P.O- Kandaber, P.S.- Barkagaon, District – Hazaribagh, Jharkhand. 20. Sindwari Gram Sabha, C/o. Sarita Pallavi, Mukhia (Sindhwari Panchayat), P.O- Kandaber, P.S.- Barkagaon, District – Hazaribagh, Jharkhand. 21. Churchu Gram Sabha, C/o. Sarita Pallavi, Mukhia (Sindhwari Panchayat), P.O- Kandaber, P.S.- Barkagaon, District – Hazaribagh, Jharkhand. 22. Chepakala Gram Sabha, C/o. Sadhana Kumari, Mukhia of Panchayat Cehpakala, P.S. Barkagaon, Hazaribagh, Jharkhand. 23. Jugra Gram Sabha, C/o. Sadhana Kumari, Mukhia of Panchayat Cehpakala, P.S. Barkagaon, Hazaribagh, Jharkhand. 24. Aradhara Gram Sabha, C/o. Sadhana Kumari, Mukhia of Panchayat Cehpakala, P.S. Barkagaon, Hazaribagh, Jharkhand. 25. Langatu Gram Sabha, C/o. Mukhia Anita Devi, Panchayat West Barkagaon, P.O.- Barkagaon, P.S.- Barkagaon, Dist- Hazaribagh, Jharkhand. 26. Pakri Barwadih Gram Sabha, C/o. Mukhia Kailash Rana, Panchayat Purvi Barkagaon, P.O- Barkagaon, P.S- Barkagaon, Hazaribagh, Jharkhand. 27. Itiz Gram Sabha, C/o. Mukhia Asha Devi, Panchayat Kandaber, P.O.- Kandaber, P.S.- Keredari, Hazaribagh, Jharkhand. Page 3 of 6 W.P. (PIL) No.5732 of 2016 & anr 28. Keri Gram Sabha, C/o. Mukhia Anita Devi, Panchayat Barkagaon Paschami, P.O- Barkagaon, P.S- Barkagaon, Hazaribagh, Jharkhand. ... Respondents WITH W.P. (PIL) No. 1641 of 2019 Raghunandan Mahto, aged about 35 years, Founder/Director Jharkhand Visthapan Sangharsh Morcha Trust (JVSM Trust), S/o. Late Sukhan Mahto, R/o. Village Sinduwari, P.O. Chepakala, P.S. Barkagaon, District Hazaribagh. ... Petitioner Versus 1. The State of Jharkhand 2. The Principal Secretary, Department of Revenue, Registration & Lands Reforms, Govt. of Jharkhand, Project Bhawan, PO/PS-Dhurwa Ranchi. 3. The Deputy Commissioner, Hazaribagh, PO Hazaribagh, PS- Hazaribagh, District Hazaribagh. 4. The District Land Acquisition Officer, Hazaribagh, PO/PS- Hazaribagh, Dist- Hazaribagh. 5. Jharkhand Urja Vikas Nigam Limited, Ranchi, through its Managing Director. 6. The General Manager, Pakri Barwadih Coal Mining Project, N T P C Ltd., P/O Barkagaon, P/S Barkagaon, District – Hazaribagh. 7. The Principal Accountant general, Jharkhand, The Lekha House, P/O Doranda, P/S Doranda, District Ranchi. 8. The Principal Chief Conservator of Forest, Jharkhand Van Bhawan, PO Doranda, P.S. Doranda, District – Ranchi. 9. The Circle Officer, Barkagaon, PO/PS Barkagaon, District Hazaribagh. 10. The Commissioner, North Chotanagpur Division, PO Hazaribagh, PS Hazaribagh, District Hazaribagh. ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner: Mr. Birendra Kumar (In Person), Advocate For the State: Mr. Yogesh Modi, A.C. to A.A.G.-1A For the NTPC: Mr. Prashant Pallav, Advocate For JSPCB: Mr. Bhanu Kumar, Advocate --------- W.P. (PIL) No.5732 of 2016 & anr Reserved on: 06.02.2025 Pronounced on: 20/02/2025 Per M.S. Ramachandra Rao, C.J. 1. Heard the parties. 2. In W.P. (PIL) No.5732 of 2016, the petitioner had prayed for cancellation of acquisition and possession of forest land for the benefit of National Thermal Power Corporation and sought directions to stop the excavation of coal in the said acquired land and in the adjoining areas. Direction is also sought to order judicial enquiry into the acquisition of the said forest and non-forest land by the respondents and it is alleged that this was done through manipulation of records and without following the legal positions. Several officers of the State Government, NTPC, Ministry of Environment and Forests and private entities, such as, Gram Sabhas, were impleaded in the writ petition. 3. This Public Interest Litigation has been pending from 28.09.2016 and from time to time, matter was getting adjourned for filing of pleadings by the parties and for other reasons. 4. In the W.P. (PIL) No.1641 of 2019, there are certain allegations of acquisition of Bhudaan Land which had been given to the landless persons for the benefit of the NTPC and, basically, reliefs have been sought for rehabilitation and resettlement under the Jharkhand Rehabilitation and Resettlement Policy-2008. 5. The subject-matter of this acquisition was admittedly the subject- matter of Original Application No.182/2016/EZ before the National Green Tribunal (NGT), Principal Bench, New Delhi. 6. The NGT had passed an order on 25.09.2020 referring to the various issues relating to forest clearances, compliance of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (for short ‘the 2006 Act’), and to an order dt. 23.11.2017, where, a Committee had been appointed by the NGT W.P. (PIL) No.5732 of 2016 & anr (comprising of Conservator of Forest of the concerned Forest Circle; Member Secretary, State Pollution Control Board; Member Secretary, State Environment Impact Assessment Authority, Jharkhand, and; a senior Scientist/Engineer from the Regional Office of the Ministry of Environment and Forests, Ranchi). 7. The said order of the NGT records that the said Committee was directed to inspect the project in question and to verify as to whether the conditions of the Forest Clearance and the Environmental Clearance were being complied with by the project proponent and, further directing, that in the event there was failure on the part of the project proponent to do so, appropriate action in accordance with law be taken against the project proponent which may also include suspension and/or withdrawal of Environmental Clearance. The said order records that such a report was eventually filed on 20th November 2019 and was considered on 27.01.2020 by the NGT. 8. The order noted that the NGT felt that the only question left for determination was as to “whether the State respondents had complied with the requirement of the 2006 Law”; that the State Government had filed an affidavit stating that the provisions of 2006 Act had been duly complied with; that Gram Sabhas were held in 2011-12 in the respective villages when resolutions were passed with no claims having been made for benefits under the said Law; and that the Gram Sabha had certified in their resolution that no claims have been received. 9. Therefore, the NGT on 25.09.2020 closed the O.A. stating that if any person is aggrieved by the resolutions of the Gram Sabha, they have a remedy of filing a petition before the Sub-Divisional Level Committee within a period of sixty days from the date of passing of said resolution by the Gram Sabhas under Section 2 of the 2006 Act, and that no such person had filed any such petition. Page 6 of 6 W.P. (PIL) No.5732 of 2016 & anr 10. In our opinion, the order passed by the NGT dt. 25.09.2020 records the satisfaction of the NGT on all aspects of the acquisition, resettlement and compliance with the 2006 Act dealing with recognition of forest rights. 11. Admittedly, the order of the NGT, which covers these points, had not been challenged by any party in the Supreme Court and had attained finality. 12. In the light of the said order of the NGT, we see no reason to keep these PILs pending in this Court and hold that the prayers on issues raised in these PILs having been decided by the NGT in the said O.A., and do not warrant any reopening by this Court. 13. Accordingly, both the Public Interest Litigations are dismissed. 14. Pending Interlocutory Applications, if any, stand disposed of. (M.S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) N.F.R. Manoj/-