Judicial response in environmental cases: a case study of Jharkhand
Student name: Mr Sujit Kumar Srivastava
Guide: Mr Amrithnath SB
Year of completion: 2017
Host Organisation: TERI University
Abstract: This dissertation is a study about the judicial response in
Environmental cases in Jharkhand as a State specific. The state of
Jharkhand was formed for the development of; Tribal people and pre-
existing South Bihar area which constituted the State. Previously under the
State of Bihar it was believed that this area is used only for resource
exploitation only. Since the formation of State of Jharkhand things changed
infrastructural development took place through-out the state, tribal rights
are also protected, but exploitation of natural get increased as the
geographical condition are not good for agriculture and state got the
blessing of being the reservoir of the mineral resources. Due to increase in
mining & industrial activities state got adversely affected. With the
establishment of new State, High Court was also established being the
highest organ of judiciary in state it is expected from it to decide the cases
under constitutional mandate. National Green Tribunal is constituted for
effective & expeditious disposal of cases relating to environmental
protection, forest conservation and other natural resources under National
Green Tribunal Act 2010. Jharkhand comes under the territorial jurisdiction
of eastern zone bench situated at Kolkata. State of Jharkhand is both
mineral and forest rich state. Existence of mineral means mining and
industrial activities which result into forest degradation and environmental
harm. This creates burden over the judiciary to balance both the things.
Context of this dissertation is to find out the inclination of both these
judicial organs in environmental cases.
Research objectives:
The purpose of this paper is to;
1. Study the nature of environmental harm caused to the state;
2. Examine the role of High Court & N.G.T. protecting the
environment of Jharkhand through their judgments.
Scope of the Study:
My Dissertation is proposed to analyse how actively Jharkhand High
Court & N.G.T. (Eastern Zone Bench) is dealing with the environmental
cases to protect the natural sanctity of State of Jharkhand under legislative
mandate.
Research Methodology:
The research will be a purely doctrinal research as the scale of study
is very wide. Collection of data will be from online and library sources. This
research shall include various judgments from Jharkhand High Court &
N.G.T.(Eastern Zone Bench).
Research Hypothesis:
The High Court being highest judicial organ of State and N.G.T. is
specific body for environment related cases are they protecting the state
from environmental disasters.
