Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 10 Ors on 16 December, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/8
GAHC010030432024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/766/2024
JAGADISH CH BRAHMA AND 3 ORS
S/O NEHRU BRAHMA
RESIDENT OF GAMBHIKARAKHATA PART I, PO AND PS KAZIGAON, DIST
KOKRAJHAR, BTC, ASSAM 783339
2: BISWAJIT BRAHMA
S/O LATE BINOD BRAHMA
RESIDENT OF KOKRAJHAR WARD NO. 4
PO AND PS KOKRAJHAR DIST KOKRAJHAR
BTC
ASSAM 783370
3: SAHADEV BRAHMA
S/O LATE BABURAM BRAHMA
RESIDENT OF VILLAGE AND PO BASHBARI
DIST KOKRAJHAR
BTC
ASSAM 783337
4: ABUL SK
S/O LATE RAHAM ALI SK
RESIDENT OF KHORAGHAT
PO AND PS BAGRIBARI
DIST KOKRAJHAR
BTC
ASSAM 78334
VERSUS
THE STATE OF ASSAM AND 10 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT,
Page No.# 2/8
DISPUR, GHY 6
2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
ASSAM ARANYA BHAWAN
PANJABARI
GUWAHATI 37
3:THE BODOLAND TERRITORIAL COUNCIL (BTC)
REPRESENTED BY THE PRINCIPAL SECRETARY
BTC
KOKRAJHAR
ASSAM 783370
4:THE SECRETARY
BTC KOKRAJHAR
ASSAM 783370
5:THE ADDLL. PRINCIPAL CHIEF CONSERVATOR OF FOREST -CUM-
COUNCIL HEAD OF DEPARTMENT (CHD)
FOREST
BTC
KOKRAJHAR
ASSAM
PIN - 783370
6:THE DIVISIONAL FOREST OFFICER
PARBATJHORA DIVISION
SUPERIGHAT
KOKRAJHAR
BTC
ASSAM
PIN 783339
7:THE FOREST RANGE OFFICER
KHORAGHAT RANGE OFFICE
KHORAGHAT
BAGRIBARI
KOKRAJHAR
BTC
ASSAM
PIN - 783349
8:THE SECRETARY
STATE EXPERT APPRAISAL COMMITTEE (SEAC) AND STATE
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA)
ASSAM BAMUNIMAIDUM
Page No.# 3/8
GHY 21
9:THE DIRECTOR OF GEOLOGY AND MINING
ASSAM
BHU-BIGYAN BHAWAN
DAKHINGAON
KAHILIPARA
GHY 19.
10:MANOJ NARZARY
S/O. DAMON NARZARY
VILL. SHYAMTHAIBARI
P.O. KHUNGRING
P.S. RUNIKHATA
DIST. CHIRANG
BTC
ASSAM
PIN NO. 783375
11:THE BODOSA NEWS PAPER
REPRESENTED BY ITS EDITOR
R/O. WARD NO. 5
MAIBONG NWGWR
J.D. ROAD
P.O. KOKRAJHAR
DIST. KOKRAJHAR
BTC
ASSAM
PIN 78337
Advocate for the Petitioner : MR. D DAS SR. ADV, MR A MALEK,MD H R AHMED
Advocate for the Respondent : SC, FOREST, MR. R BORPUJARI, SC FINANCE,MS M BHARATI
(R-11),MS. M BHATTACHARJEE (R-11),MR. J AHMED (R-10),MR M AHMED (R-10),MRS R
BEGUM (R-10),FOR CAVEATOR,MR R A AHMED,SC, BTC
Linked Case : WP(C)/768/2024
Page No.# 4/8
JAGADISH CH BRAHMA AND 4 ORS
S/O NEHRU BRAHMA RESIDENT OF GAMBHIKARAKHATA PART I
PO AND PS KAZIGAON
DIST KOKRAJHAR
BTC
ASSAM 783339
2: BISWAJIT BRAHMA
S/O LATE BINOD BRAHMA
RESIDENT OF KOKRAJHAR WARD NO. 4
PO AND PS KOKRAJHAR DIST KOKRAJHAR
BTC
ASSAM 783370
3: SAHADEV BRAHMA
S/O LATE BABURAM BRAHMA
RESIDENT OF VILLAGE AND PO BASHBARI
DIST KOKRAJHAR
BTC
ASSAM 783337
4: ABUL SK
S/O LATE RAHAM ALI SK
RESIDENT OF KHORAGHAT
PO AND PS BAGRIBARI
DIST KOKRAJHAR
BTC
ASSAM 783349
5: MAHADEV BRAHMA
S/O LATE DWARENDRA NATH BRAHMA
RESIDENT OF THAISOGURI
PO GONGIA
PS KACHUGAON
DIST KOKRAJHAR
BTC
ASSAM 783350
VERSUS
THE STATE OF ASSAM AND 10 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
ENVIRONMENT AND FOREST DEPARTMENT
DISPUR
GHY 6
Page No.# 5/8
2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
ASSAM ARANYA BHAWAN
PANJABARI
GUWAHATI 37
3:THE BODOLAND TERRITORIAL COUNCIL (BTC)
REPRESENTED BY THE PRINCIPAL SECRETARY
BTC
KOKRAJHAR
ASSAM 783370
4:THE SECRETARY
BTC KOKRAJHAR
ASSAM 783370
5:THE ADDLL. PRINCIPAL CHIEF CONSERVATOR OF FOREST -CUM-
COUNCIL HEAD OF DEPARTMENT (CHD)
FOREST
BTC
KOKRAJHAR
ASSAM
PIN - 783370
6:THE DIVISIONAL FOREST OFFICER
PARBATJHORA DIVISION
SUPERIGHAT
KOKRAJHAR
BTC
ASSAM
PIN 783339
7:THE FOREST RANGE OFFICER
KHORAGHAT RANGE OFFICE
KHORAGHAT
BAGRIBARI
KOKRAJHAR
BTC
ASSAM
PIN - 783349
8:THE SECRETARY
STATE EXPERT APPRAISAL COMMITTEE (SEAC) AND STATE
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA)
ASSAM BAMUNIMAIDUM
GHY 21
Page No.# 6/8
9:THE DIRECTOR OF GEOLOGY AND MINING
ASSAM
BHU-BIGYAN BHAWAN
DAKHINGAON
KAHILIPARA
GHY 19.
10:MANOJ NARZARY
S/O. DAMON NARZARY
VILL. SHYAMTHAIBARI
P.O. KHUNGRING
P.S. RUNIKHATA
DIST. CHIRANG
BTC
ASSAM
PIN NO. 783375
11:THE BODOSA NEWS PAPER
REPRESENTED BY ITS EDITOR
R/O. WARD NO. 5
MAIBONG NWGWR
J.D. ROAD
P.O. KOKRAJHAR
DIST. KOKRAJHAR
BTC
ASSAM
PIN 783370
------------
Advocate for the petitioner(s): Mr. D Das, Senior Advocate
Mr. HR Ahmed
Advocate for the respondent(s): Mr. S Bora, Standing Counsel, GMC
Mr. J Roy, Senior Advocate
Ms. M Bhattacharjee
Mrs. S Baruah, Government Advocate
Page No.# 7/8
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
16.12.2024 Heard Mr. D Das, learned senior counsel assisted by Mr. HR Ahmed, the learned counsel appearing on behalf of the petitioners. Mr. S Bora, the learned counsel appears on behalf of the Bodoland Territorial Council, Mr. J Roy, the learned senior counsel assisted by Ms. M Bhattacharjee, the learned counsel for the respondent No.11.
2. Pursuant to the orders being passed by this Court dated 05.09.2024, 26.09.2024, 13.11.2024, 27.11.2024, it has been informed to this Court that fresh advertisements had been duly issued and in pursuance thereto, e-auctions were held and tenders have been duly finalized. It has also been brought to the attention of this Court that these e-auctions were issued pursuant to proper paper publications being made in three Newspapers.
3. This Court has also seen the affidavit which had been filed by the respondent No.11 through the owner of the Newspaper Sanseyari Bodosa wherein they have expressed unconditional apology for certain infractions being committed by them.
4. This Court having taken a magnanimous view of the matter is of the opinion that nothing further remains to be adjudicated upon in the instant writ petitions, for which, the writ petitions stand closed.
5. This Court has duly accepted the unconditional apology of the respondent Page No.# 8/8 No.11 as tendered vide the affidavit dated 13.12.2024.
6. Accordingly, both the writ petitions stand disposed of.
JUDGE Comparing Assistant