National Green Tribunal
Dulal Bora vs State Of Assam on 16 January, 2026
Item No.13 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.73/2025/EZ
Dulal Bora Applicant
Versus
State of Assam Respondent(s)
Date of hearing: 16.01.2026
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
Applicant: Mr. Ghanshyam Pandey, Advocate for Applicant (through VC).
Respondents: Ms. Malabika Roy Dey, Advocate for R-1 & 2, State Respondents.
Mr. Sushovit Dutta Mazumdar and Mr. Shayamvar Deb,
Advocates for R-3 (through VC).
ORDER
1. In this Original Application, registered on the basis of the letter petition, the Applicant had alleged that the Project Proponent, M/s Jai Brick Industry was granted Consent to Establish (CTE) without considering the issue of siting criteria which was being violated in the matter.
2. The Tribunal by the order dated 29.04.2025 had issued notice to the concerned respondents.
3. The Respondent No.3, Assam State Pollution Control Board has filed the reply dated 11.12.2025 disclosing that the Consent to Establish granted to M/s Jai Brick Industry, Respondent No.4 has been withdrawn vide order/letter dated 02.08.2025 and a direction has been issued to the Project Proponent to stop all activities relating to the establishment of the 1 Unit. The said disclosure by the Respondent No.3 in its reply is as under:-
"7. That the answering respondent submits that under the facts and circumstances as stated above, and in exercise of powers conferred under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981 and Section 5 of Environment (Protection) Act, 1986, Pollution Control Board Assam was constrained to withdraw the 'Consent to Establish' order which was issued vide letter No. PCBA/BONG/T-1352/24-25/222/1342 dated 5th August, 2024 with immediate effect and the Board vide letter no. RTI- 12/10/2025-CCA-PCBA dtd. 02/08/2025 directed Project Proponent to stop all activities relating to the establishment of the unit henceforth. Moreover, a Corrigendum vide no. RTI- 12/10/2025-CCA-PCBA/65 dtd.08/08/2025 was issued to the Unit as the letter no. was left out in the letter dated 02/08/2025."
4. In view of the above, since the requisite action has been taken by the Respondent No.3 and Consent to Establish (CTE) has been withdrawn, nothing further survives in the Original Application which is accordingly disposed of.
Prakash Shrivastava, CP Ishwar Singh, EM January 16th, 2026 Original Application No.73/2025/EZ OM 2