BARNADDI GRAMMYA UNNAYAN SAMITY Vs. STATE OF ASSAM

JUDGEMENT

(1.) A non-Governmental organization, Barnarddi Grammya Unnayan Samity, society registered under Societies Registration Act, 1860, which claims to be involved in the field of rural development, education, health, women and child development and other public related activities filed a writ petition, registered as Public Interest Litigation No. 37/2006, challenging an undated order passed by the appellate authority constituted under the Air (Prevention and Control of Pollution) Assam Rules, 1991 communicated by the Deputy Secretary, Government of Assam, Forest Department to the General Manager, India Carbon Ltd. vide communication dated 16. 01. 2006, on the appeal preferred by the India Carbon Ltd. against the order dated 07. 10. 2005 passed by the Chairman, Pollution Control Board, Assam and to direct the State respondents to constitute the appellate authority under the Air (Prevention and Control of Pollution) Act, 1991 (in short, "the Air Act") by framing rules in that regard and also to compensate the public of the locality who suffered due to the air pollution caused by India Carbon Ltd. W. P. (C) (Taken Up) No. 3457/06 has been registered on the basis of the representation submitted by 49 No. Kendriya Unnayan Samity, No. 2 Matgharia, Noonmati, Guwahati addressed to the Chief Justice of this Court alleging air pollution by India Carbon Ltd. and for issuance of direction to the appropriate authority to take appropriate measures to control the pollution so as to save the public of that locality from ravenous problem of pollution. Since the subject matter in PIL as well as the taken up matter is similar and identical, being allegation of causing pollution by India Carbon Ltd. , both the writ petition and PIL have been taken up together for hearing and disposal.

(2.) THE relevant facts giving rise to the present petitions are as follows :-

(3.) WE have heard Mr. A. Mazumdar, the learned Sr. counsel appearing on behalf of the petitioners in PIL No. 37/2006, Mr. Kapoor, the learned Sr. counsel appearing for ICL, Mr. B. C. Das, the learned Sr. counsel appearing for the Pollution Control Board, Assam, Mr. K. N. Choudhury, the learned Additional Advocate General, Assam appearing for the State respondents as well as Mr. Rahman, Assistant Solicitor General for Union of India in both the writ petitions.