THOMBOR DOLOI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The brief facts of the instant case are that, without any opportunity being afforded to the petitioner, the respondent authorities had issued notices under Sec. 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Sec. 31A of the Air (Prevention and Control of Pollution) Act 1981, demanding environmental compensation, seized the crusher machinery and vide impugned Auction Sale Notice dtd. 14/2/2022 had put up the same for auction.

(2.) It is submitted by the learned counsel for the petitioner that the entire action of the respondents is illegal and arbitrary, inasmuch as, the petitioner's father who had recently deceased had obtained all the necessary permissions, leases, consent to establish and to operate from all the competent authorities such as, Forest Department, Director of Mineral Resources, Meghalaya State Pollution Control Board and others. The learned counsel refers to Annexures - III to X of the writ petition to substantiate the submission that the quarrying operations were being done legally. It is further submitted that to the said demand notices, replies had been filed on 14/12/2020 by the petitioner, but that the same did not receive any consideration from the respondents. The learned counsel therefore submits that, as the inspection of the quarries, seizure of the machinery and publication of the Auction Notice being without adherence to the due process of law, the same is liable to be interfered with by this Court under Article 226 of the Constitution.

(3.) Learned Advocate General for the respondents submits that the matter is covered by the judgment of this Court in the case of Dayanidhi Ventures Pvt. Ltd. vs. Meghalaya State Pollution Control Board and Ors. (WPC No. 338 of 2021) where by order dtd. 16/12/2021, this Court had dismissed the said case on the grounds of availability of alternate remedy. Senior counsel also reiterates the submissions made in WP(C) No. 42 of 2022 (Shri. Wesley Doloi vs. State of Meghalaya and Ors.).