M/S East India Construction v. The State of Assam and 4 Ors

ORDER Date : 16-12-2024 Heard Mr. P Bora, learned senior counsel assisted by Mr. HK Sarma, learned counsel for the petitioner. Also heard Mr. RR Gogoi, learned counsel for the Forest Department and Ms. H Baruah, learned counsel appearing on behalf of Mr. P Nayak, learned counsel for the PWD.

¶2Learned senior counsel for the petitioner submits that the petitioner needs to transport clay for his contract work for filling up the embankment. However, the permission given to the petitioner for transporting clay had expired on

15.08.2024. The petitioner's counsel submits that in terms of the work order dated 17.08.2023 issued by the Chief Engineer PWD (Roads), Assam for "construction of embankment cum road on Dessang bund L/B from Bahgarh to AT Road (Ch.0.00m to Ch.2500.00m) under Mukhya Mantrir Mothauri Pokikoron Achoni under RIDF-XXVIII of NABARD for the year 2022-23 in Sivasagar LAC." Pkg No:- RE/RIDF-XXVIII/Sivasagar/5 and the work permit dated 26.10.2023, which was valid till 15.08.2024, the petitioner could extract 10,000/- cubic metre of clay. However, the petitioner has extracted only 995 cubic metre of clay.

¶3The petitioner's counsel submits that the petitioner's representations dated Page No.# 3/4

12.11.2024 and 16.11.2024 to the Additional District Commissioner, Mines and Minerals, Sivasagar and DFO(T), Sivasagar Forest Division, Sivasagar, respectively for extension of his permit, have not been decided till date.

¶4Mr. RR Gogoi, learned counsel for the Forest Department submits that the extension of the petitioner's permit for extraction and transportation of clay, would have to be decided by the State Environmental Impact Assessment Authority (SEIAA), which is under the Forest Department. He submits that as per the Principal Secretary to the Government of Assam, Mines & Mineral Department, Dispur Notification No. PEM/8/84/Pt-III/14-A dated 03.08.2021, the concerned Deputy Commissioner is the competent authority for all the works related to ordinary clay. The user agency must obtain Environmental Clearance Certificate issued from the SEIAA, Assam, after the application is forwarded by the District Commissioner.

¶5On considering the submissions made by the counsels for the parties, this Court finds that the District Commissioner has not been made a party in this case. This Court is of the view that the District Commissioner, Sivasagar should be made a party and accordingly and District Commissioner, Sivasagar is impleaded as respondent No. 6. The petitioner shall submit corrected copy of the cause-title to the Registry within the course of the day.

¶6Issue notice to the District Commissioner, Sivasagar.

¶7Mr. G Bokalial accepts notice on behalf of respondent No. 6.

¶8In view of the notification No. PEM/8/84/Pt-III/14-A issued by the Principal Page No.# 4/4 Secretary to the Government of Assam, Mines & Mineral Department, Dispur, this Court is of the view that a fresh representation should be submitted by the petitioner to the District Commissioner, Sivasagar, for being allowed to extract clay by extending the permit provided to it earlier. Accordingly, the petitioner shall submit a representation to the District Commissioner, Sivasagar for extension of the permit for extraction of clay within a period of two days. In the event, the representation is submitted to the District Commissioner, Sivasagar in two days, the District Commissioner, Sivasagar shall thereafter forward the same to the SEIAA, within a further period of two days. The SEIAA shall thereafter take a decision and convey its decision to the Divisional Forest Officer, Sivasagar Forest Division, who shall communicate the same to the petitioner.

¶9The entire exercise should be concluded within a period of 2 (two) weeks' from the date of receipt of the petitioner's representations by the concerned District Commissioner, Sivasagar.

¶10The writ petition is disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010253662024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6354/2024o M/SoEASToINDIAoCONSTRUCTIONo ADARSHAPURoLANE,oH/NO.o43,oGUWAHATI,oP.O.oKAHILIPARA,oP.S.oDISPUR, DIST.oKAMRUPoMETROPOLITAN,oASSAM,oPIN-o781009oDULYoREPRESENTED BYoONEoOFoTHEoPARTNERS,oSRIoRAJIBoHAZARIKA,oSONoOFoLATEoPRABINo HAZARIKA,oR/O-oB.P.oCHALIHAoROAD,oMELACHAKAR,oP.O.oSIVASAGAR- 785640,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSPECIALoSECRETARYoTOo THEoGOVT.oOFoASSAM,oDISPUR,oGUWAHATI-781006. 2:THEoCHIEFoENGINEER oPWDo(ROADS) oASSAMoCHANDMARI oGHY-781003. 3:THEoSUPERINTENDINGoENGINEER oPWDo(ROADS) oCHARAIDEOoANDoSIVASAGARoROADoCIRCLE oSIVASAGARoASSAM oPIN-o785640. 4:THEoEXECUTIVEoENGINEER oPWD oSIVASAGARoANDoTHOWRAoTERRITORIALoROADoDIVISION oSIVASAGARoASSAM-785640. 5:THEoDIVISIONALoFORESToOFFICER oSIVASAGARoFORESToDIVISION oSIVASAGAR oASSAM-785640o Page No.# 2/4 Advocate for the Petitioner : MR. P BORA, MR H K SARMA,MS K BHATTACHARYYA,MS K SARMA Advocate for the Respondent : GA, ASSAM, SC, PWD,SC, FOREST BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA