Petitioner withdrew a review petition relating to his earlier writ petition against the Government of Assam and Pollution Control Board; dismissed on withdrawal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010013532024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./10/2024
DR. SYED MUSTAK HUSSAIN SON OF LATE SYED MOHAMMED HUSSAIN, RESIDENT OF HOUSE NO. 54, LAKSHMINATH BEZBARUA PATH, OPP. SHAHNAGAR MASJID, SHAHNAGAR LNB ROAD HATIGAON, PO AND PS HATIGAON, DIST KAMRUP M ASSAM 781038
VERSUS
THE GOVT OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, ASSAM SECRETARIAT, A BLOCK, THIRD FLOOR, DISPUR, GUWAHATI-6.
2:THE POLLUTION CONTROL BOARD ASSAM REPRESENTED BY THE MEMBER SECRETARY
BAMUNIMAIDAM
GUWAHATI- 21.
3:THE REGIONAL HEAD GUWAHATI REGIONAL OFFICE
POLLUTION CONTROL BOARD ASSAM
GOVT. PRESS ROAD BAMUNIMAIDAM
GUWAHATI-21.
4:THE SENIOR ENVIRONMENTAL ENGINEER
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REGIONAL OFFICE GUWAHATI- I POLLUTION CONTROL BOARD ASSAM GOVT. PRESS ROAD BAMUNIMAIDAM GUWAHATI-21. 5:THE CHIEF ENGINEER POLLUTION CONTROL BOARD REGIONAL OFFICE GUWAHATI- I POLLUTION CONTROL BOARD ASSAM GOVT. PRESS ROAD BAMUNIMAIDAM GUWAHATI- 21. 6:THE ENVIRONMENTAL ENGINEER REGIONAL OFFICE-I GUWAHATI GUWAHATI- I POLLUTION CONTROL BOARD ASSAM GOVT. PRESS ROAD BAMUNIMAIDAM GUWAHATI- 21.
7:THE EXECUTIVE ENGINEER PWD DISPUR AND GUWAHATI EAST TERRITORIAL BUILDING DIVISION GUWAHATI FANCY BAZAR GUWAHATI- 01
Advocate for the Petitioner : MS. S B CHOUDHURY
Advocate for the Respondent : SC, FOREST
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Linked Case : WP(C)/8142/2022
DR. SYED MUSTAK HUSSAIN SON OF LATE SYED MOHAMMED HUSSAIN
RESIDENT OF HOUSE NO. 9
GOVT. PRESS ROAD BAMUNIMAIDAM
P.O.- BAMUNIMAIDAM P.S.- NOONMATI
GUWAHATI DISTRICT- KAMRUP(M)
PIN- 781021 ASSAM.
VERSUS
THE GOVERNMENT OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPARTMENT
ASSAM SECRETARIAT A BLOCK
THIRD FLOOR DISPUR GUWAHATI-6.
2:THE POLLUTION CONTROL BOARD ASSAM REPRESENTED BY THE MEMBER SECRETARY
BAMUNIMAIDAM GUWAHATI- 21. 3:THE REGIONAL HEAD GUWAHATI REGIONAL OFFICE
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POLLUTION CONTROL BOARD ASSAM GOVT. PRESS ROAD BAMUNIMAIDAM GUWAHATI-21. 4:THE SENIOR ENVIRONMENTAL ENGINEER REGIONAL OFFICE GUWAHATI- I POLLUTION CONTROL BOARD ASSAM
GOVT. PRESS ROAD BAMUNIMAIDAM
GUWAHATI-21. 5:THE CHIEF ENGINEER POLLUTION CONTROL BOARD REGIONAL OFFICE GUWAHATI- I
POLLUTION CONTROL BOARD ASSAM GOVT. PRESS ROAD BAMUNIMAIDAM GUWAHATI- 21. 6:THE ENVIRONMENTAL ENGINEER
REGIONAL OFFICE-I GUWAHATI GUWAHATI- I POLLUTION CONTROL BOARD ASSAM GOVT. PRESS ROAD BAMUNIMAIDAM GUWAHATI- 21. 7:THE EXECUTIVE ENGINEER PWD DISPUR AND GUWAHATI EAST TERRITORIAL BUILDING DIVISION GUWAHATI FANCY BAZAR GUWAHATI- 01.
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-----------Advocate for : MR. S S S RAHMAN Advocate for : SC
FOREST appearing for THE GOVERNMENT OF ASSAM AND 6 ORS
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 19.02.2024
Mr. I. Borthakur, learned standing counsel for the Forest Department, respondent no.1; and Mr. S. Baruah, learned standing counsel for the Pollution Control Board, respondent nos.3, 4, 5, and 6 are present.
JUDGE
Comparing Assistant
Dr. Syed Mustak Hussain
The Govt of Assam
The Pollution Control Board Assam
The Regional Head Guwahati Regional Office Pollution Control Board Assam
The Senior Environmental Engineer Regional Office Guwahati-I Pollution Control Board Assam
The Executive Engineer PWD Dispur and Guwahati East Territorial Building Division
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
