Bolai Roy v. The State of Assam and 7 Ors

ORDER Date : 01.05.2024

Heard Mr. R. Mazumdar, learned counsel for the petitioner and Mr. D. Gogoi, learned counsel for the respondent Nos. 1 to 6. Mr. S. Baruah, learned counsel appears for the respondent Nos. 7 & 8. Page No.# 3/3

¶2The petitioner's grievance is that despite the order dated 05.02.2024 passed in WP(C) 6307/2023, the petitioner's application for renewal of his licence to operate his Stone Crusher Unit has not been decided by the Pollution Control Board and the Circle Level Permit Committee.

¶3Mr. S. Baruah, learned counsel for the Pollution Control Board submits that though the petitioner's application has been received, a decision has not been taken for giving renewal to the "Consent to Operate" the Stone Crusher Unit for the year 2024-2025 till date.

¶4Mr. D. Gogoi, learned counsel for the respondent Nos. 1 to 6 submits that the Circle Level Permit Committee will consider the petitioner's renewal of his licence for running the Stone Crusher Unit only after approval is given by the Pollution Control Board.

¶5In view of the stand taken by the counsel for the respondents and as the petitioner's application has been received by the Pollution Control Board, the Pollution Control Board shall take a decision with regard to the renewal of the "Consent to Operate" the Stone Crusher Unit, within a period of three week from the date of receipt of a certified copy of this order. They shall thereafter communicate their decision to the petitioner and the Circle Level Permit Committee. The Circle Level Permit Committee shall thereafter take a decision on the petitioner's representation within a further period of three weeks, from the date of receipt of the decision from the Pollution Control Board.

¶6The writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010063882024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1820/2024o BOLAIoROYo S/O-oLATEoRANENDRAoKUMARoROY,o R/O-oVILLAGEoSHIBERBOND,o P.O-oTHALIGRAM,o DIST-oCACHAR,oASSAM,o oPROPRIETORoOF-o M/SoBHOLANATHoSTONEoCRUSHER,o SHIBERBOND,oUDHARBOND,oDIST-oCACHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oFORESTo ANDoENVIRONMENToDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoPRINCIPALoCHIEFoCONSERVATORoOF oFORESToASSAM ooANANYAoBHAWAN oPANJABARI oGUWAHATI-o37 oASSAM. 3:THEoCHIEFoCONSERVATORoOFoFORESTS oSOUTHERNoASSAMoCIRCLE oASSAMo oSILCHAR oCACHAR-o788001. 4:THEoCIRCLEoLEVELoPERMIToCOMMITTE oREP.oBYoITSoCHAIRMANo oTHEoCHIEFoCONSERVATORoOFoFORESTS oSOUTHERNoASSAMoCIRCLEo oSILCHAR oDIST-CACHAR-o788001. Page No.# 2/3 5:THE DIVISIONAL FOREST OFFICER CACHAR DIVISION SILCHAR DIST- CACHAR ASSAM PIN-788001 6:THE RANGE FOREST OFFICER UDHAR BOND RANGE VILLAGE AND P.O- UDHARBOND DIST- CACHAR ASSAM PIN-788030 7:THE POLLUTION CONTROL BOARD ASSAM REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI-781021 ASSAM 8:THE EXECUTIVE OFFICER POLLUTION CONTROL BOARD ASSAM SILCHAR DIST- CACHAR ASSA Advocate for the Petitioner : MR. R MAJUMDAR Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA