SURINDERJIT SINGH SINDHU Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE subject matter of challenge in this writ petition is the legality and validity of the order bearing No. PC/rot/t-440/99-2000/77-503 dated 1. 9. 01 (Annexure-1 to the writ petition) issued by the Regional Officer, Pollution Control Board, Assam, the Respondent No. 6, by which a direction was issued to the Tea Industry of the petitioner to stop all the activities forthwith for having violated the provision of The Air (Prevention and Control Pollution) Act, 1981 and The Water (Prevention and Control Pollution) Act, 1974 and a further direction was issued to the Assam State Electricity Board to stop/disconnect the supply of electricity to the petitioner's tea industry and the Dhekiajuli Municipality was directed to take necessary steps to disconnect supply of water to the industry of the petitioners.

(2.) I have heard Mr. D. K. Bhattacharjee, learned Senior Counsel for the petitioner assisted by Ms. S. Chakraborty, learned counsel for the petitioner and Mr. S. Baruah, learned Standing Counsel for the respondents.

(3.) IN pursuance to the said letter, the respondent No. 6 intimated the petitioner to the effect that the valuation of the assets of the garden was made from the data and information given by the petitioners on earlier occasion through their application form for consent. But the petitioner denied the acceptability of such valuation made on that basis. The petitioners also dispute the requirement of obtaining the consent, inasmuch as, the garden of the petitioners undertakes agricultural activities and it has nothing to do with industrial activities.