Sthenos Cements Private Limited and Anr. Vs the Union of India — Gauhati HC (2026) — LawSathi Research

Sthenos Cements Private Limited and Anr. Vs the Union of India — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory application allowed in effect: MoEF&CC impleaded as respondent/opposite party No. 5 in the connected WA No. 73/2025; applicants to furnish fresh memo of parties; Registry to do the needful. The Interlocutory Application stands disposed off.

Issue for consideration

Whether the Ministry of Environment, Forest and Climate Change (MoEF&CC), through its Secretary, should be impleaded as proforma respondent/opposite party No. 5 in the connected WA No. 73/2025, with permission for consequential amendments in the memo of parties.

Court's answer

Having gone through the pleadings and materials on record, the Court held that the Ministry of Environment, Forest and Climate Change (MoEF&CC) is required to be impleaded as respondent/opposite party No. 5 in the connected appeal (WA No. 73/2025) for its proper adjudication.

Ratio / Principle

The applicants were directed to furnish a fresh memo of parties before the Registry, and the Registry was directed to do the needful.

Detailed headnote1 paragraphs

Gauhati High Court (Division Bench: Hon'ble the Chief Justice Mr. Ashutosh Kumar and Hon'ble Mr. Justice Arun Dev Choudhury; order authored by Arun Dev Choudhury, J), by order dated 09-06-2026, disposed of I.A.(Civil)/1641/2026 in WA No.73/2025 filed by Sthenos Cements Private Limited and its authorised representative Ajahar Uddin seeking impleadment of the Ministry of Environment, Forest and Climate Change (MoEF&CC), through its Secretary, as proforma respondent/opposite party No. 5 in the connected writ appeal. Background: the Mining Plan for the Taliha Graphite Deposit of applicant No. 1 was revoked on 07.01.2022; the revocation was challenged in WP(C) No. 1104/2022, during which the learned Single Judge stayed its operation; the State Environment Impact Assessment Authority issued Terms of Reference on 29.05.2023 (expiring 29.05.2027) for a detailed EIA study; by judgment dated 17.02.2025 the revocation was upheld, and the appeal therefrom is pending with an interim direction of 05.03.2025 that no third-party rights be created by the State of Arunachal Pradesh over the subject mineral blocks. Contending that MoEF&CC is the statutory authority charged with appraisal and grant of Environmental Clearance under the EIA Notification, 2006, the applicants sought its impleadment. The Dy.SGI and the Senior Government Advocate for Arunachal Pradesh raised no objection, and the Dy.SGI undertook to represent the newly impleaded party. The Court held MoEF&CC necessary for proper adjudication, ordered its impleadment as respondent/opposite party No. 5, and directed the applicants to file a fresh memo of parties, the Registry to do the needful.

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GAHC010097502026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/1641/2026 in WA No.73/2025

STHENOS CEMENTS PRIVATE LIMITED AND ANR 347 SANTOSH ROY ROAD BARISHA SAKHERBAZAR JAMES LONG SARANI KOLKATA -700008. THROUGH ITS AUTHORISED REPRESENTATIVE MR AJAHAR UDDIN AGED ABOUT 30 YEARS SON OF ABDUL MANNAN RESIDENT OF RUPAHI TOWN SAMAGURI DISTRICT NAGAON ASSAM 782125

2: MR AJAHAR UDDIN

AUTHORIZED REPRESENTATIVE OF APPLICANT NO. 1 AGED ABOUT 30 YEARS SON OF ABDUL MANNAN RESIDENT OF RUPAHI TOWN SAMAGURI DISTRICT VERSUS

THE UNION OF INDIA

THROUGH THE SECRETARY MINISTRY OF MINES GOVERNMENT OF INDIA SHASTRI BHAWAN NEW DELHI - 110001.

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2:INDIAN BUREAU OF MINES THROUGH THE CONTROLLER GENERAL 2ND FLOOR INDIRA BHAWAN CIVIL LINES NAGPUR MAHARASHTRA 440001

3:REGIONAL CONTROLLER OF MINES

BHUBANESWAR AND GUWAHATI REGIONAL OFFICE HOUSE NO. 216 3RD FLOOR ABOVE ID BANK CHANDMARI POSTBAMUNIMAIDAN DIST- KAMRUPM GUWAHATI ASSAM-781021.

4:THE STATE OF ARUNACHAL PRADESH THROUGH THE DIRECTOR OF MINES DEPARTMENT OF GEOLOGY AND MINING GOVERNMENT OF ARUNACHAL PRADESH RK MISSION COMPOUND ITANAGAR -791111 ARUNACHAL PRADESH.

5:MINISTRY OF ENVIRONMENT FOREST AND CLIMAT CHANGE THROUGH SECRETARY INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI -110 003-110 003. PROPOSED RESPONDENT -----------Advocate for : MR R SENSUA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA

BEFORE

HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

09-06-2026

(Arun Dev Choudhury,J)

Heard Mr.P. Goswami, learned Senior counsel assisted by Mr. R. Sensua,

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learned counsel, for the applicants and Mr. U. Goswami, learned Dy. Solicitor General of India (Dy.SGI) for the opposite parties/respondents.

The present application has been filed by the applicants/appellants, seeking impleadment of the Ministry of Environment, Forest and Climate Change (MoEF&CC in short ), through its Secretary as the Proforma respondent/opposite party No. 5 in the connected WA No. 73/2025 and permission to carry out consequential amendments in the memo of parties.

The background facts of the present litigation are in a narrow compass.

The Mining Plan for the Taliha Graphite Deposit of the applicant No.1 was revoked on 07.01.2022, which was challenged in WP(C) No. 1104/2022. During the pendency of the said writ petition, the learned Single Judge of this Court had stayed the operation of the revocation order. Thereafter, State of Environment Impact Assessment Authority issued the Terms of Reference on 29.05.2023 for a detailed EIA study in respect of the project.

By Judgment and Order dated 17.02.2025, the order of revocation however was upheld.

The applicants/appellants challenged the aforesaid judgment and order in the connected appeal and on 05.03.2025, the Co-ordinate Bench directed that no third-party rights shall be created by the State of Arunachal Pradesh in respect of the subject mineral blocks pending the appeal.

The Terms of Reference dated 29.05.2023, will expire on 29.05.2027.

Contending that since the MoEF&CC is the statutory authority charged

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with appraisal and grant of Environmental Clearance for the project under the EIA Notification, 2006, it is now necessary to implead the MoEF&CC as the respondent/opposite party No. 5 in the connected appeal.

Mr. U. Goswami, learned Dy. SGI and Mr. A. Chandran, learned Senior Government Advocate, Arunachal Pradesh have not objected to the prayer of the applicants/appellants and Mr. Goswami, learned Dy. SGI submits that he shall represent the newly impleaded respondent/opposite party No. 5.

Having gone through the pleadings as well as the materials available on record and taking note of the peculiar facts and circumstances of the case, we are of the opinion that aforenoted party, is required to be impleaded as respondent/opposite party No.5 in the connected appeal for its proper adjudication.

The applicants shall furnish a fresh memo of parties before the Registry. Accordingly, Registry shall do the needful.

With the aforesaid, this Interlocutory Application stands disposed off.

JUDGE CHIEF JUSTICE

Comparing Assistant