Gauhati High Court
Rohit Choudhury vs Numaligarh Refinery Ltd on 23 November, 2022
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/4
GAHC010165072019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2451/2019
ROHIT CHOUDHURY
S/O SHRI DEBI PRASAD AGARWAL, VILL. GORMUR, P.O. LOKUJAN,
BOKAKHAT 785612, DIST. GOLAGHAT, ASSAM.
VERSUS
NUMALIGARH REFINERY LTD.
THROUGH ITS CHIEF GENERAL MANAGER (HR) IN CHARGE, GOLAGHAT,
DIST. GOLAGHAT, ASSAM.
2:THE UNION OF INDIA
THROUGH THE SECY.
MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE
PARYAVARAN BHAWAN
CGO COMPLEX
LODHI ROAD
NEW DELHI 110003
3:THE STATE OF ASSAM
THORUGH ITS CHIEF SECY.
ASSAM SACHIALAYA COMPLEX
DISPUR
GUWAHATI 781006
4:DEPTT. OF FOREST
GOVT. OF ASSAM
THROUGH THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD
OF FOREST FORCE
ARANYA BHAWAN
PANJABARI
GUWAHATI 781037
Page No.# 2/4
5:DIVISIONAL FOREST OFFICER (T)
GOLAGHAT DIVISION
JONAKI NAGAR
DIST. GOLAGHAT
ASSAM.
6:THE DEPUTY COMMISSIONER
GOLAGHAT
DIST. GOLAGHAT
ASSAM.
7:THE SUB DIVISIONAL OFFICER (CIVIL)
BOKAKHAT
DIST. GOLAGHAT
ASSAM.
8:THE SUPERINTENDENT OF POLICE
GOLAGHAT
DIST. GOLAGHAT
ASSAM
Advocate for the Petitioner : MR H RAHMAN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
23.11.2022 Mr. J Roy, learned senior counsel for the authorities in the NRL states that although no activities would take place in the northern side of the land in question, but the expert committee had allowed certain developmental activities in the southern portion of the pipeline. In furtherance thereof, the NRL authorities are required to place certain equipments on some area on the southern side of the pipeline. It is stated that the equipments will be mainly heavy equipments to be used for the project purpose. It is also stated that the Page No.# 3/4 area over which the equipments would be placed would be covered by a solar fencing but that is likely to take about three months. But at the same time, the equipments are required to be placed with some urgency.
It is also stated and agreed by the learned counsel for the parties i.e. Mr. BJ Talukdar, learned senior counsel for the Revenue Department, Mr. B Choudhury, learned counsel for the Forest Department and Mr. H Rahman, learned senior counsel for the respondent No. 8 that such equipments can be allowed to be placed.
The NRL authorities accordingly may place the equipments as asked for. But in doing so, the NRL authorities will take due care and ensure that placing of such equipments do not cause any harm or any injury to the elephants that may be moving around in that place. We further clarify that in the guise of placing certain equipments, no obnoxious substance shall be placed which may cause harm to the elephants which may also include materials that are of chemical in nature.
The NRL authorities may also proceed with any such tender process for the purpose of introducing the solar fencing as recommended by the expert committee. The NRL authorities are also required to do all such needful as they have agreed upon and as recommended by the expert committee. In doing so, the NRL authorities shall use their good conscience to the extent that harm or any injuries are not caused to the elephants.
Mr. K Gogoi, learned counsel for the NTRO also makes a statement that the said organization is also doing the needful to cooperate with the recommendations of the expert committee.
As the authorities are making statements that they are cooperating with the Page No.# 4/4 recommendation of the expert committee, the needful be done as recommended by the committee and the matter be listed after two months for further consideration.
JUDGE Comparing Assistant