Bolai Roy v. The State of Assam and 4 Ors

ORDER 05-02-2024 Heard Ms. U. Nanda, learned counsel appearing on behalf of Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest Department. The petitioner has filed the present case, on the ground that the respondents are not renewing his permit for running a Stone Crusher Unit. The petitioner's counsel submits that this Court, vide order dated 01.09.2023 passed in WP(C) No. 1476/2023, had directed the respondents to consider the petitioner's application for renewal of his license in terms of the guidelines notified by notification dated 29.01.2003. However, though the petitioner had submitted hard copies of the application, the same has not been considered by the respondent authorities. Page No.# 3/3 Mr. D. Gogoi, learned Standing Counsel for the Forest Department submits that the method of submitting an application for renewal have now been changed, inasmuch as, the earlier applications were made by submitting hard copies of the application form. However, the applications have now to be submitted online. He submits that though the online portal is closed as on date, the same can be opened for the petitioner to submit his application form for renewal, on the dates that may be fixed by this Court. In view of the submissions made by the learned Standing Counsel for the Forest Department, Mr. D. Gogoi, the petitioner is given the liberty to submit his application for renewal of the Stone Crusher Unit through the online portal, in terms of the Government Notification dated 29.01.2003 on 8th & 9th February, 2024, between 10:00 am and 5:00 p.m. The application to be made by the petitioner should thereafter be considered by the Circle Level Permit Committee and the decision taken should be communicated to the petitioner. The decision should be taken by the Circle Level Permit Committee within a period of 10 (ten) days, from the date of receipt of the application made by the petitioner. The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010244352023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6307/2023o BOLAIoROYo S/O-oLATEoRANENDRAoKUMARoROYo,o R/O-oVILLAGEoSHIBERBOND,o P.O-oTHALIGRAM,o DIST-oCACHAR,oASSAM,o o PROPRIETORoOF-o M/SoBHOLANATHoSTONEoCRUSHER,o SHIBERBOND,oUDHARBONDo o DIST-oCACHAR,oASSAM, VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo THROUGHoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oFORESToANDoENVIRONMENToDEPARTMENTo oDISPUR,oGUWAHATI-o781006. 2:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFOREST oASSAMo ARANYAoBHAWAN oPANJABARIoROAD oGUWAHATI oASSAM-o781037. 3:THEoCHIEFoCONSERVATORoOFoFOREST oSOUTHERNoASSAMoCIRCLEo oSILCHAR oDIST-oCACHAR oASSAM Page No.# 2/3 PIN-788001 4:THE DIVISIONAL FOREST OFFICER CACHAR DIVISION SILCHAR DIST- CACHAR ASSAM PIN-788001 5:THE RANGE FOREST OFFICER UDHARBOND RANGE VILL AND P.O- UDHARBOND DIST- CACHAR ASSAM PIN-78803 Advocate for the Petitioner : MR. R MAJUMDAR Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA