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Gauhati High Court

M/S. Dey Stone Crushing Unit vs The State Of Assam And 3 Ors on 3 February, 2020

Author: Prasanta Kumar Deka

Bench: Prasanta Kumar Deka

                                                            Page No.# 1/2

GAHC010203632018




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C) 7799/2019




         1:M/S. DEY STONE CRUSHING UNIT
          REPRESENTED BY ITS PROPRIETOR
          SRI RANJIT KUMAR DEY
         AGED ABOUT
          SON OF LATE MANINDRA KUMAR DEY
          RESIDENT OF SALCHAPRA PART-I
          P.O.- SALCHAPRA
          P.S. SILCHAR
          DISTRICT CACHAR
         ASSAM
          PIN- 788814.


          VERSUS

          1:THE STATE OF ASSAM AND 3 ORS.
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
          ENVIRONMENT AND FORESTS DEPARTMENT
          ASSAM SACHIVALAYA
          DISPUR
          GUWAHATI- 781006.

          2:THE DIVISIONAL FOREST OFFICER
          CACHAR
          SILCHAR
          DISTRICT CACHAR
          ASSAM
          PIN- 788001.

          3:THE MEMBER SECRETARY
          POLLUTION CONTROL BOARD
          ASSAM
                                                                                  Page No.# 2/2

              BAMUNIMAIDAM
              GUWAHATI- 781021.

              4:THE REGIONAL EXECUTIVE ENGINEER-IN-CHARGE
              REGIONAL LAB-CUM-OFFICE REGIONAL POLLUTION CONTROL BOARD
              ASSAM
              CACHAR
              SILCHAR
              PIN- 7888001.

              Advocate for the Petitioner : MR. N BORUAH
              Advocate for the Respondent : SC
              FOREST



                                             BEFORE
               THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA
                                             ORDER

03.02.2020 Mr. D. K. Kotoky, the learned counsel for the petitioner submits that the license for operating the stone crusher had expired on 31.03.2019 and thereafter, the same was not renewed because of the pendency of the writ petition No. WP(C)/6484/2018. As a direction have already been issued to the petitioner in WP(C)/6484/2018 to collect the test report in respect of the noise level and air quality, a direction is given to the concerned Deputy Commissioner on the representation of the petitioner, he may be allowed to operate the stone crusher at least for measurement of the noise level and air quality while the stone crusher is in full operation.

This is only for the limited purpose. However subsequent thereto the relief prayed for in this writ petition shall be considered.

List on 17.02.2020.

JUDGE Comparing Assistant