Gauhati High Court
M/S Superlite Acc Blocks Industry vs The State Of Assam And 12 Ors on 7 January, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/10
GAHC010152282021
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4901/2021
M/S SUPERLITE ACC BLOCKS INDUSTRY
A REGD. PARTNERSHIP FIRM HAVING ITS OFFICE AT SHANTI SADAN,
ALOK PRESS BYE LANE, NARAYAN NAGAR, KUMARPARA, GHY-09 WITH
ITS FACTORY/INDUSTRIAL SHED AT VILL- SARUTARI, SONAPUR,
KAMRUP (M), REP. BY ITS PARTNER, SHRI MUKUL S. LAMARE, AGE 52
YEARS, S/O- JITEN SAHU, R/O- S.K. TOWAR, NEAR N.E. TV, A.K. AZAD
ROAD, REHABARI, P.S. PALTANBAZAR, GHY-08, DIST.- KAMRUP (M),
ASSAM
VERSUS
THE STATE OF ASSAM AND 12 ORS
REP. BY COMM. AND SECY., REVENUE AND DISASTER MANAGEMENT
DEPTT., DISPUR, GHY
2:THE DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
3:THE ADDL. DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
4:THE CIRCLE OFFICER
SONAPUR REVENUE CIRCLE
SONAPUR
KAMRUP (M)
ASSAM- 782402
5:SOBITA RONGPHARPI
D/O- KARDOM KE AAPI
W/O- SRI AJAY MAHATO
Page No.# 2/10
R/O- VILL- SARUTARI
P.S. SONAPUR
DIST.- KAMRUP (M)
6:DEPTT. OF INDUSTRY AND COMMERCE
GOVT. OF ASSAM
DISPUR
GHY-5
REP. BY ITS COMM. AND SECY.
7:DISTRICT INDUSTRIES AND COMMERCE CENTER (DIC)
KAMRUP
BAMUNIMAIDAM
GHY-21
REP. BY ITS GENERAL MANAGER
8:ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL)
BIJULEE BHAWAN
5TH FLOOR
PALTANBAZAR
GHY-01
REP. BY THE CHIEF GENERAL MANAGER (D)
APDCL (LAR)
9:MINISTRY OF COMMERCE AND INDUSTRY
GOVT. OF INDIA
NEW DELHI- 110001 REP. BY ITS SECY. TO THE GOVT. OF INDIA
10:NORTH EASTERN DEVELOPMENT FINANCIAL INSTITUTTION (NEDFI)
HAVING ITS OFFICE AT SANKET VIHAR
SORUMOTORIA
G.S.ROAD
GHY-06
ASSAM
REP. BY ITS GENERAL MANAGER
11:PUNJAB NATIONAL BANK
A NATIONALIZED BANK REP. BY ITS CHIEF GENERAL MANAGER
FANCY BAZAR BRANCH
LIC BUILDING
S.S.ROAD
GHY-01
12:CHIEF INSPECTOR OF FACTORIES
ASSAM
NEAR NPS INTERNATIONAL SCHOOL LANE
BETKUCHI
LALUNG GAON
Page No.# 3/10
LOKHRA
GHY
ASSAM
13:POLLUTION CONTROL BOARD.
ASSA
Advocate for the Petitioner : MR. K N CHOUDHURY, MS G Gayan,MR. N BHARALI
Advocate for the Respondent : SC, APDCL, MR A CHOWDHURY (R5),MR. S BORA (R-10),MR. S
DUTTA (R-11,MR S DUTTA (R-11,MR N M DEKA,MR. N N B CHOUDHURY,MR P K BASU,MR.
N SARKAR,FOR CAVEATOR,GA, ASSAM,SC, PNB,ASSTT.S.G.I.,SC, REVENUE,SC,
INDUSTRIES AND COMMERCE
Linked Case : I.A.(Civil)/1181/2023
M/S SUPERLITE ACC BLOCKS INDUSTRY
A REGD. PARTNERSHIP FIRM HAVING ITS OFFICE AT SHANTI SADAN
ALOK PRESS BYE LANE
NARAYAN NAGAR
KUMARPARA
GHY-09 WITH ITS FACTORY/INDUSTRIAL SHED AT VILL- SARUTARI
SONAPUR
KAMRUP (M)
REP. BY ITS PARTNER
SHRI MUKUL S. LAMARE
AGE 52 YEARS
S/O- JITEN SAHU
R/O- S.K. TOWAR
NEAR N.E. TV
A.K. AZAD ROAD
REHABARI
P.S. PALTANBAZAR
GHY-08
DIST.- KAMRUP (M)
ASSAM
VERSUS
THE STATE OF ASSAM AND 12 ORS
REP. BY COMMISSIONER AND SECRETARY
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
Page No.# 4/10
DISPUR
GUWAHATI
2:THE DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
3:THE ADDL. DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
4:THE CIRCLE OFFICER
SONAPUR REVENUE CIRCLE
SONAPUR
KAMRUP (M)
ASSAM- 782402
5:SOBITA RONGPHARPI
D/O- KARDOM KE AAPI
W/O- SRI AJAY MAHATO
R/O- VILL- SARUTARI
P.S. SONAPUR
DIST.- KAMRUP (M)
6:DEPTT. OF INDUSTRY AND COMMERCE
GOVT. OF ASSAM
DISPUR
GHY-5
REP. BY ITS COMM. AND SECY.
7:DISTRICT INDUSTRIES AND COMMERCE CENTER (DIC)
KAMRUP
BAMUNIMAIDAM
GHY-21
REP. BY ITS GENERAL MANAGER
8:ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL)
BIJULEE BHAWAN
5TH FLOOR
PALTANBAZAR
GHY-01
REP. BY THE CHIEF GENERAL MANAGER (D)
APDCL (LAR)
9:MINISTRY OF COMMERCE AND INDUSTRY
GOVT. OF INDIA
NEW DELHI- 110001 REP. BY ITS SECY. TO THE GOVT. OF INDIA
Page No.# 5/10
10:NORTH EASTERN DEVELOPMENT FINANCIAL INSTITUTTION (NEDFI)
HAVING ITS OFFICE AT SANKET VIHAR
SORUMOTORIA
G.S.ROAD
GHY-06
ASSAM
REP. BY ITS GENERAL MANAGER
11:PUNJAB NATIONAL BANK
A NATIONALIZED BANK REP. BY ITS CHIEF GENERAL MANAGER
FANCY BAZAR BRANCH
LIC BUILDING
S.S.ROAD
GHY-01
12:CHIEF INSPECTOR OF FACTORIES
ASSAM
NEAR NPS INTERNATIONAL SCHOOL LANE
BETKUCHI
LALUNG GAON
LOKHRA
GHY
ASSAM
13:THE POLLUTION CONTROL BOARD OF ASSAM
ANURADHA CINEMA COMPLEX
MRD ROAD
BAMUNIMAIDAM
GUWAHATI-781021
REPRESENTED BY ITS CHAIRMAN.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
APDCL appearing for THE STATE OF ASSAM AND 12 ORS
Linked Case : I.A.(Civil)/2345/2021
SMTI. SOBITA RONGPHARPI
D/O-LATE KARDOM KE AAPI @ KARDOM KROPI
R/O- VILL- SARUTARI
P.S. SONAPUR
DIST.- KAMRUP (M)
ASSAM
PIN-793101
Page No.# 6/10
VERSUS
M/S SUPERLITE ACC BLOCKS AND 11 ORS.
HAVING ITS REGD. OFFICE AT SHANTI SADAN
ALOK PRESS BYE LANE
NARAYAN NAGAR
KUMARPARA
BHARALUMUKH
GHY-09 REP. BY ITS PARTNER
SHRI MUKUL S. LAMARE
AGE 52 YEARS
S/O- JITEN SAHU
R/O- S.K. TOWAR
NEAR N.E. T.V
A.K. AZAD ROAD
REHABARI
P.S. PALTANBAZAR
GHY-08
DIST.- KAMRUP (M)
ASSAM
2:THE STATE OF ASSAM
REP. BY COMM. AND SECY.
REVENUE AND DISASTER MANAGEMENT DEPTT.
DISPUR
GHY
3:THE DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
4:THE ADDL. DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
5:THE CIRCLE OFFICER
SONAPUR REVENUE CIRCLE
SONAPUR
KAMRUP (M)
ASSAM- 782402
6:DEPTT. OF INDUSTRY AND COMMERCE
GOVT. OF ASSAM
DISPUR
GHY-5
REP. BY ITS COMM. AND SECY.
Page No.# 7/10
7:DISTRICT INDUSTRIES AND COMMERCE CENTER (DIC)
KAMRUP
BAMUNIMAIDAM
GHY-21
REP. BY ITS GENERAL MANAGER
8:ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL)
BIJULEE BHAWAN
5TH FLOOR
PALTANBAZAR
GHY-01
REP. BY THE CHIEF GENERAL MANAGER (D)
APDCL (LAR)
9:MINISTRY OF COMMERCE AND INDUSTRY
GOVT. OF INDIA
NEW DELHI- 110001 REP. BY ITS SECY. TO THE GOVT. OF INDIA
10:NORTH EASTERN DEVELOPMENT FINANCIAL INSTITUTTION (NEDFI)
HAVING ITS OFFICE AT SANKET VIHAR
SORUMOTORIA
G.S.ROAD
GHY-06
ASSAM
REP. BY ITS GENERAL MANAGER
11:PUNJAB NATIONAL BANK
A NATIONALIZED BANK REP. BY ITS CHIEF GENERAL MANAGER
FANCY BAZAR BRANCH
LIC BUILDING
S.S.ROAD
GHY-01
12:CHIEF INSPECTOR OF FACTORIES
ASSAM
NEAR NPS INTERNATIONAL SCHOOL LANE
BETKUCHI
LALUNG GAON
LOKHRA
GHY
ASSAM
------------
Advocate for : MR. N N B CHOUDHURY
Advocate for : MS G Gayan appearing for M/S SUPERLITE ACC BLOCKS AND 11
ORS.
Page No.# 8/10
Linked Case : I.A.(Civil)/2344/2021
SMTI SOBITA RONGPHARPI
D/O-LATE KARDOM KE AAPI @ KARDOM KROPI
R/O- VILL- SARUTARI
P.S. SONAPUR
DIST.- KAMRUP (M)
ASSAM
PIN-793101
VERSUS
M/S SUPERLITE ACC BLOCKS AND 11 ORS.
HAVING ITS REGD. OFFICE AT SHANTI SADAN
ALOK PRESS BYE LANE
NARAYAN NAGAR
KUMARPARA
BHARALUMUKH
GHY-09 REP. BY ITS PARTNER
SHRI MUKUL S. LAMARE
AGE 52 YEARS
S/O- JITEN SAHU
R/O- S.K. TOWAR
NEAR N.E. T.V
A.K. AZAD ROAD
REHABARI
P.S. PALTANBAZAR
GHY-08
DIST.- KAMRUP (M)
ASSAM
2:THE STATE OF ASSAM
REP. BY COMM. AND SECY.
REVENUE AND DISASTER MANAGEMENT DEPTT.
DISPUR
GHY
3:THE DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
4:THE ADDL. DY. COMMISSIONER
KAMRUP (M) DISTRICT
GHY-01 (LAND SETTLEMENT BRANCH)
5:THE CIRCLE OFFICER
SONAPUR REVENUE CIRCLE
Page No.# 9/10
SONAPUR
KAMRUP (M)
ASSAM- 782402
6:DEPTT. OF INDUSTRY AND COMMERCE
GOVT. OF ASSAM
DISPUR
GHY-5
REP. BY ITS COMM. AND SECY.
7:DISTRICT INDUSTRIES AND COMMERCE CENTER (DIC)
KAMRUP
BAMUNIMAIDAM
GHY-21
REP. BY ITS GENERAL MANAGER
8:ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL)
BIJULEE BHAWAN
5TH FLOOR
PALTANBAZAR
GHY-01
REP. BY THE CHIEF GENERAL MANAGER (D)
APDCL (LAR)
9:MINISTRY OF COMMERCE AND INDUSTRY
GOVT. OF INDIA
NEW DELHI- 110001 REP. BY ITS SECY. TO THE GOVT. OF INDIA
10:NORTH EASTERN DEVELOPMENT FINANCIAL INSTITUTTION (NEDFI)
HAVING ITS OFFICE AT SANKET VIHAR
SORUMOTORIA
G.S.ROAD
GHY-06
ASSAM
REP. BY ITS GENERAL MANAGER
11:PUNJAB NATIONAL BANK
A NATIONALIZED BANK REP. BY ITS CHIEF GENERAL MANAGER
FANCY BAZAR BRANCH
LIC BUILDING
S.S.ROAD
GHY-01
12:CHIEF INSPECTOR OF FACTORIES
ASSAM
NEAR NPS INTERNATIONAL SCHOOL LANE
BETKUCHI
LALUNG GAON
Page No.# 10/10
LOKHRA
GHY
ASSAM
------------
For the Petitioner(s) : Mr. K. N. Choudhury, Sr. Advocate
: Mr. N. Gautam, Advocate
For the Respondent(s) : Mr. A. Chowdhury, Sr. Advocate
: Mr. N. N. B Choudhury, Advocate
: Ms. N. Bordoloi, SC, Revenue
: Mr. N. Sarkar, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 07.01.2025 The Petitioner as well as Ms. Geetanjali Gayan, the learned counsel are directed to produce the original copy of the document enclosed as Annexure-XVI to the writ petition.
2. List this matter again on 09.01.2025 at the top of the list showing as part-heard.
JUDGE Comparing Assistant