The Jharkhand High Court issued comprehensive directions to address environmental violations and traffic rule violations across the state while monitoring coal washery operations. The court directed that no vehicle carrying coal/iron ore/gravel/sand/stone/grit etc. in the State of Jharkhand shall be permitted to ply on any road unless and until the same was covered with a tarpaulin and emphasized that the provisions of law were not being implemented in the State in their letter and spirit. The Court also noted that in paragraph 3(iv) of its earlier order dated 28.07.2025, the words “Member Secretary, Jharkhand State Pollution Control Board” had been wrongly typed in place of “Director General of Police, Jharkhand,” and ordered the record to be rectified accordingly.
The Secretary, DLSA, Ramgarh had filed its report stating that while loaded trucks were covered with tarpaulin sheets, several uncovered trucks were moving towards the coal washery carrying raw coals from mines to coal washery. Some local people stated that several times it causes injury to people moving on roads while big size coal pieces jump out of the truck. The inspection covered the raw coal dumping bunker, coal crushing plant, crushed coal washing plant, and the dispatch area, indicating that the Secretary carried out a detailed on-site assessment. The court noted that after all why should the people of the State bear the brunt because of the negligence or the laxity of these government officials.
The Division Bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar observed that they had been repeatedly flagging the issue of use of pressure-horns, multi-tone horns, additional modifications that were rampantly found within the State of Jharkhand which violated Chapter V of the C.M.V.R., 1989. They were sorry to observe that no concrete steps in this regard had either been taken by the Director General of Police or by the Member Secretary, Jharkhand State Pollution Control Board. It affirmed that even the provisions of the Flag Code were being violated with impunity. It further emphasized that the provisions of the Noise Pollution (Regulation and Control) Rules, 2000, the Flag Code, and Chapter V of the Central Motor Vehicles Rules, 1989 must be followed in letter and spirit, with unauthorized flags removed irrespective of political or religious affiliation. It further directed that no vehicle fitted with pressure-horns, multi-tone horns, extra lights, particularly red and blue lights resembling emergency vehicles, unauthorized modifications, or unauthorized flag rods would be permitted to ply, and that all such fittings be removed forthwith. The Court also directed that the provisions of the Flag Code be strictly enforced and that all unauthorized flags, irrespective of political or religious affiliation, be removed immediately.
The court observed that therefore, in the state it was high time that the government officials pull up the socks and put their house in order by ensuring that the environmental laws and the provisions of the Motor Vehicles Act and Rules framed there under were complied with in their letter and spirit. It was directed that no loudspeaker without permission would be used after 10:00 PM till 6:00 AM, after all, the right to sleep had now been equated and acknowledged to be a fundamental right.
Accordingly, the Division bench of justices directed the Director General of Police, all the Superintendents of Police and District Magistrates within the State of Jharkhand, along with the Member Secretary of the Jharkhand State Pollution Control Board, to file a status report on the next date of hearing. The Court further directed that the Central Coalfields Limited must ensure that the activity of washing coal did not in any way affect the quality of potable drinking water in the adjoining villages, and that periodic tests and inspections in this regard be carried out every day by the Jharkhand State Pollution Control Board, with the report submitted to the Court along with the status report on the next date of hearing. In addition they were ordered to monitor ambient air quality, surface water, noise levels, and soil parameters including fertility, porosity, texture, and water-holding capacity in the affected area. In the meantime, those responsible for mining were asked to take all corrective measures to ensure that no pollution whatsoever was created, failing which the Court warned it would be constrained to stop the operation of such mining.
Appearances:
Petitioners: Mr. Rajendra Krishan, Advocate with Mr. Shubham Mayank, Mr. Pratyush Shounikya, Mr. Manish Kumar, Mr. Aayush Avant Srivastava, Ms. Priya Sahay, Advocates
State: Mr. Sachin Kumar, AAG-II with Mr. Gaurav Raj, AC to AAG-II
JSPCB: Mrs. Richa Sanchita, Ms. Risheeta Singh, Advocates
CCL: Mr. Amit Kr. Das, Mr. Raunak Sahay, Mr. Ujjal Choudhary, Advocates
