HAREN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri J Sarmah, learned counsel for the petitioner. Also heard Shri RR Gogoi, learned Standing Counsel, Forest Department, Assam who submits that an affidavit-in-opposition has also been filed on 30/11/2022.

(2.) The case of the petitioner is that pursuant to a process initiated by the Forest Department for settlement of the Nakhola Beat Sand Permit Area No. 3 in the district of Nagaon, he had participated in which, he was offered a Letter of Intent dtd. 3/1/2014. By the said communication, the period of settlement was specified to be 2 years and the petitioner was directed to obtain the environment clearance. Simultaneously, vide a communication dtd. 13/2/2014, the petitioner was directed to deposit the first Kist money which the petitioner had deposited on 15/3/2014. However, according to the petitioner, in spite of his best efforts, the environmental clearance could not be obtained by him.

(3.) Shri Sarma, learned counsel for the petitioner has also referred to a communication dtd. 17/6/2014 issued by the Divisional Forest Officer, Nagaon Division to the Member Secretary, State Environment Impact Assessment Authority, Assam requesting for issuance of the Environmental Clearance Certificate. However, even thereafter, no such clearance was issued to him. Ultimately, vide the impugned communication dtd. 12/1/2015 issued by the Divisional Forest Officer, Nagaon Division, the settlement was cancelled and the security amount was forfeited, including the imposition of a penalty of debarring the petitioner from participating in similar tender process for a period of 5 years.