DILIP CHETRI Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner challenging the order dtd. 2/3/2019 passed by the Deputy Commissioner, Morigaon; seeking for a direction upon the respondent No.4 to allow the petitioner to run his Brick Kiln; for a further direction upon the respondent Nos.1 & 2 not to submit the proposal for declaring Eco Sensitive Zone around Pobitora Wildlife Sanctuary at the earliest and move the Supreme Court as per the liberty given in its order dt. 11/12/2018.

(2.) The facts involved in the instant writ petition is that the petitioner herein had purchased a Brick Industry vide two registered Deeds of Sale dtd. 23/8/2010. The petitioner, thereupon, applied for No Objection Certificate before the Respondent No. 4, i.e. the Deputy Commissioner, Morigaon for opening of the Brick Kiln in his name. The Respondent No. 4, by an order dtd. 2/9/2011, granted permission to operate the Brick Kiln on the said land thereby imposing certain conditions including procurement of required certificate from the Pollution Control Board, Assam. The Circle Office as well as the Mayong Gaon Panchayat gave No Objection. The land of the petitioner was subsequently reclassified as industrial land pursuant to an order dtd. 10/4/2013 passed by the Deputy Commissioner, Morigaon. It further reveals that the Member Secretary, Pollution Control Board, Assam issued 'Consent to Establish' on 28/10/2011 for setting up the Brick Industry. The petitioner, thereupon, spent huge amount of money as stated in the writ petition and after the establishment of the chimney etc., the petitioner applied for consent to operate from the respondent No.2 enabling him to run the brick industry. It reveals thereafter that there were various litigations between the petitioner and the private respondents before this Court. However, vide an order dtd. 23/11/2017 passed in WA No. 241/2017, there were certain directions passed by the Division Bench of this Court on the basis of a joint affidavit filed by the petitioner and the private respondents. In terms with the joint affidavit, the relevant portion of which is quoted herein below, certain terms and conditions were agreed upon by and between the petitioner as well as the private respondents. The said relevant paragraphs are quoted herein under:

(3.) The Division Bench of this Court, on the basis of the above quoted paragraphs vide the order dtd. 23/11/2017, set aside the judgment passed by the Coordinate Bench of this Court dtd. 13/6/2017 in WP(C) No.7048/2016 and directed the Deputy Commissioner, Morigaon to reach a decision on the matter with regard to the fate of the Brick Kiln after considering the reports of the stake holders mentioned in the joint affidavit and after affording opportunity of hearing the petitioner as well as the private respondents herein. The Division Bench of this Court further directed that until disposal of the matter by the Deputy Commissioner, Morigaon, the status-quo as on 23/11/2017 shall be maintained by the parties. The Deputy Commissioner, Morigaon was directed to complete the exercise within the outer limit of four weeks. Subsequent thereto, the Deputy Commissioner, Morigaon passed the order dtd. 2/3/2019 whereby the No Objection Certificate issued dtd. 2/9/2011 was revoked on the ground of the greater interest of conservation and preservation of exclusive nature of Eco Sensitive Zone of the Pobitora Wildlife Sanctuary in pursuance to the Supreme Court's order dtd. 11/12/2018 passed in WP(C) No.202/1995 (in TN. Godavarman Thirumulpad Vs. Union of India). The said order dtd. 2/3/2019 has been put to challenge before this Court by way of the instant writ petition.