Assam: Gauhati HC Sent Notice to Pollution Control Board to Establish ‘Red Category, Industry

GUWAHATI: In response to a PIL challenging the latter's decision to grant clearance to M/s M M Carbon Products Pvt. Ltd. to establish a 'Red Category' Industry (Calcined Petroleum Cake) in Amingaon, Guwahati, the Gauhati High Court has served notice on the Assam Government and the State Pollution Control Board.

The division bench of Chief Justice Sandeep Mehta and Justice Suman Shyam further directed that the status quo in the affected industry be maintained.

However, in an official order it was stated that, “"The petitioner has alleged that after receiving consent for setting up the CPC industry in the year 2012, no further action was taken by respondent no. 4 in pursuance of this consent letter and, thus, according to the petitioner the validity of the consent letter expired after one year. Respondent no. 4 after that filed a new application, bearing No. 474359 dated 24.03.2021 for a grant of consent to establish a CPC unit at Amingaon, Guwahati. The said application has been treated by the Pollution Control Board, Assam, as a prayer for an extension of the consent given to respondent no. 4 in the year 2012 and, vide letter dated 31.12.2022 consent has been granted by the Pollution Control Board, Assam, to the respondent no. 4 set up a new CPC unit at Amingaon, Guwahati, which is under challenge in this PIL.”

The order further stated that, “We are of the prima facie opinion that the matter requires further consideration, because the Pollution Control Board, once having taken a decision not to allow establishment of “Red category” industry in Assam from 17.02.2018, cannot be allowed to change its stance at this stage.”

The bench noted that the plea requires further investigation because the Pollution Control Board "once having decided not to allow the establishment of "Red category" industry in Assam from 17.02.2018, cannot be allowed to change its stance at this stage."

Meanwhile, on May 11, over a Suo Motu PIL, The Gauhati High Court sends notice to Assam Government regarding contamination and pollution of the Bharalu River.

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