This High Court dismissed a writ petition filed by a partnership firm challenging an order prohibiting its stone crusher unit. The court noted the respondent unconditionally admitted the petitioner was functioning illegally within the Borail Wildlife Sanctuary's Eco-Sensitive Zone.
None; writ petition dismissed with no order as to costs.
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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GAHC010019272024
2026:GAU-AS:13465
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/552/2024
M/S ROCK VALLEY
A REGISTERED PARTNERSHIP FIRM HAVING HEAD OFFICER AT H/NO. 3, N.N. DUTTA ROAD, KUMKUM MANSION, SILCHAR TOWN, SILCHAR, CACHAR, ASSAM, REPRESENTED BY 1. SOURAV PATWA, AGED ABOUT- 42 YEARS, S/O- LATE SHANTILAL PATWA, R/O- NAZIRAPATTY, SILCHAR TOWN, SILCHAR, DISTRICT- CACHAR, ASSAM, 2. SULTAN AHMED AGED ABOUT 42 YEARS S/O- ABDUL MAZID, R/O- WATER WORKS ROAD, SILCHAR, DISTRICT- CACHAR, ASSAM
VERSUS
THE UNION OF INDIA AND 7 ORS
MINISTRY OF FOREST, ENVIRONMENT AND CLIMATE CHANGE THROUGH THE SECRETARY, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI- 110003
2:THE STATE OF ASSAM REPRESENTED BY PRINCIPAL SECRETARY/COMMISSIONER TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR-781006
3:THE PRINCIPAL CHIEF CONSERVATOR FOREST ASSAM ARANYAK BATAHGHULI PANJABARI ROAD GUWAHATI- 781037
4:THE CHIEF CONSERVATOR FOREST SOUTHERN ASSAM CIRCLE SILCHAR
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CACHAR PIN- 788001 5:THE DISTRICT COMMISSIONER CACHAR SILCHAR PIN- 788001 6:THE PERMIT COMMITTEE REPRESENTED BY THE CHIEF CONSERVATOR FOREST CUM A CHAIRMAN SOUTHERN ASSAM CIRCLE CACHAR SILCHAR PIN- 788001 7:THE DIVISIONAL FOREST OFFICER KARIMGANJ FOREST DIVISION BOTORASHI DHARAKUNA KARIMGANJ ASSAM PIN- 788712
8:THE POLLUTION CONTROL BOARD ASSAM THROUGH REGIONAL EXECUTIVE ENGINEER 1ST FLOOR AT SILCHAR DEVELOPMENT AUTHORITY BUILDING PWD ROAD SILCHAR CACHAR ASSAM PIN- 78800
Advocate for the Petitioner : MR. R P SARMAH, MR. D DOLEY,MS A DEKA
Advocate for the Respondent : GA, ASSAM, SC, FOREST,SC, PCB,DY.S.G.I.
BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 14.09.2026
Heard Mr. R. P. Sarmah, learned Senior Counsel assisted by Ms. M. Das, learned counsel for the petitioner. Also heard Mr. R. R.
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Gogoi, learned counsel appearing for the respondent No. 2, 3, 4, 6 & 7, Mr. R. Talukdar, learned State Counsel appearing for the respondent No. 7, Mr. K. Dev, learned counsel appearing on behalf of Mr. S. Baruah, learned Counsel for the respondent No. 8.
2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the impugned order dated 28.10.2022, passed by the Deputy Commissioner, Cachar, Silchar, whereby it has been held that the petitioner’s stone crusher unit is located under the prohibited Eco-Sensitive Zone of Borail Wildlife Sanctuary.
3. Without going into the controversy it is suffice to state at the outset that in terms of the affidavit-in-opposition filed on behalf of the respondent No. 5 on 13.08.2025, it is admitted position that the petitioner’s stone crusher unit is being functioning illegally within the Eco-Sensitive Zone without valid license, thereby deliberately disobeying the decision of the Permit Committee using limestones illegally against rules and regulations invoked within the Eco-Sensitive Zone of Borail Wildlife Sanctuary. Relevant paragraphs of the affidavit read as under: -
“ 4. That the deponent further states that it is to be stated here that this order was issued in compliance to the Government of India, Ministry of Environment, Forest & Climate Change (MoEF &CC) Notification dated 2504-2022 (copy enclosed as Annexure-II) and on the basis of report submitted by the Divisional Forest Officer. Karimganj Division vide his letter No.KJ(T)/102/Crusher/Singhi/ESZ/2022/6521-22 wherein it has been reported that the Stone Crusher unit namely M/s Jaichand Lal Singhi (Stone Crusher), later renamed Rock Valley Stone Crusher functioning illegally within Eco-Sensitive Zone without valid license, deliberately disobeying the decision of the Permit Committee using limestone illegally against rules and regulations in vogue within the Eco-
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Sensitive Zone of Borail Wildlife Sanctuary. Copy of Report is enclosed as Annexure-III. As per said Govt. Notification. "All the new and existing mining (minor and major minerals), stone quarrying and crushing units shall be prohibited.”
4. The aforesaid position emerging from the affidavit-in-opposition has not been rebutted by the petitioner. There is also no rejoinder filed disputing the said position. In view of the same, it appears that the petitioner’s stone crusher unit is functioning within the prohibited EcoSensitive Zone of the Borail Wildlife Sanctuary. Hence the same is functioning illegally and without authority whatsoever.
5. In view of the foregoing, this Court finds no merit in the writ petition. Accordingly, the writ petition stands dismissed. There shall be no order as to costs.
Comparing Assistant
1 issue framed by the court
Whether the writ petition challenging the prohibited operation of a stone crusher unit in an Eco-Sensitive Zone has merit given the admitted illegality.
1 provisions across 1 enactments
M/s Rock Valley
The Union of India
The State of Assam
Kaushik Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
