DILIP CHETRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Das, learned senior counsel for the petitioner, Ms. K. Dutta, learned State Counsel appearing for the respondent Nos. 1 and 3, Mr. P.J. Phukan, learned Counsel appearing for the Pollution Control Board, being the respondent No.2 and Mr. R. Baruah, learned counsel appearing for the private respondent Nos. 4 and 5.

(2.) The petitioner, by two registered Sale Deeds dated 23.08.2010, had purchased an existing brick industry from one Sri Dilip Kumar Mazumdar, which was originally set up in the year 2005. The said brick kiln is located over a plot of land measuring 21 bighas 10 lechas covered by Dag No.123, Patta No.19 situated at village Chengmari Kisam under Mayong Mouza in the district of Morigaon. It is stated that the petitioner thereafter applied for No. 123, Objection Certificate from the Deputy Commissioner, Morigaon for operating the brick kiln in his name and accordingly by an order dated 009.2011, permission was granted to operate the brick kiln. The permission was granted under certain conditions that the petitioner obtain the required certificate from the Pollution Control Board. It is stated that subsequently, the Pollution Control Board by a certificate dated 28.10.2011 had given the permission to the petitioner for setting up and operating the brick kiln industry.

(3.) The respondent Nos. 4 and 5 respectively are cultivators of the paddy fields in the areas surrounding the brick kiln. Their apprehension is that because of the operation of the brick kiln, pollution is being caused and because of the pollution, the productivity in their paddy fields are being adversely affected. Consequently, the said respondent Nos. 4 and 5 had preferred a writ petition before this Court being WP(C) No.1265/2012, wherein, the setting up of the brick kiln by the petitioner was assailed. It is also stated by the respondent Nos. 4 and 5 that adverse environmental situation would also arise in respect of the animals of the nearby Pabitara Wildlife Sanctuary.