Kachutali Gramounnayan Committee v. The State of Assam and 3 Ors

ORDER

22.04.2024 (Vijay

Bishnoi, CJ) In this PIL petition learned counsel for the petitioner has alleged that one brick industry is established in village Barkhat, P.O. – Sonapur in the district of Kamrup

(M) completely in violation of the law. Learned counsel for the petitioners has submitted that the petitioners have already filed a representation before the Circle Officer, Sonapur Revenue Circle, impleaded as respondent No.3 in the PIL, with a prayer for closing the brick kiln set up in village Barkhat, P.O.- Sonapur as the same is established in violation of the established rules. Learned counsel for the petitioners has submitted that the petitioners would be satisfied if the Circle Officer is directed to consider and decide the representation filed on behalf of the petitioners on 29.08.2023 within a stipulated time. Having considered the request made by the learned counsel for the petitioners, we deem it appropriate to dispose of this PIL with a direction to the Circle Officer, Sonapur Revenue Circle to consider and decide the representation filed on behalf of the petitioners dated 29.08.2023, if the same has not been decided till date, expeditiously, preferably within a period of two months after providing reasonable opportunity to the petitioners as well as the owner of the Page No.# 3/3 DBI Brick Industry in accordance with law.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010277192023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/77/2023o KACHUTALIoGRAMOUNNAYANoCOMMITTEEo REP.oBYoITSoSECRETARYo,o SADULLAoCHOUDHURYo(AGEoABOUTo40oYEARS),o S/O-oSIRAJULoHOQUECHOUDHURY,o R/O-oVILLAGEoKACHUTALI,o P.O-oDIGARU,o P.S-oSONAPUR,oDIST-oKAMRUPo(M),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoPRINCIPALoSECRETARYo,oFORESToANDoENVIRONMENTo DEPARTMENToTOoTHEoGOVT.oOFoASSAM 2:THEoCHAIRMAN oPOLLUTIONoCONTROLoBOARD oASSAM oBAMUNIMAIDAM oGUWAHATI-21 3:THEoCIRCLEoOFFICER oSONAPURoREVENUEoCIRCLE o KAMRUPo(M) oASSAM 4:BIRENoDEKA oOWNERoDBIoBRICKoINDUSTRYo oVILLAGEoBARKHAT o P.O-oSONAPUR o Page No.# 2/3 PIN-782402 DIST- KAMRUP (M Advocate for the Petitioner : MR F Z MAZUMDER Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM