Setting up ‘red category industry’ at AmingaonCourt issues notice to government, PCBA, orders to maintain status quo

GUWAHATI: The Gauhati High Court recently issued notice to the Assam Government and State Pollution Control Board, Assam in a PIL questioning the decision of the latter in granting consent to M/s M M Carbon Products Pvt. Ltd. to set up a ‘Red Category’ Industry (Calcined Petroleum Cake) at Amingaon, Guwahati. The division bench of the Chief Justice Sandeep Mehta and Justice Suman Shyam further directed that the status quo shall be maintained in respect of the industry in question.

The NOC Foundation (New Opportunity for Children), an NGO, had filed the Public Interest Litigation (PIL 32/2023) in Gauhati High Court. The court’s attention was drawn to the notification dated February 17, 2018 issued by the PCBA indicating that it had been decided not to allow any further expansion of the existing CPC units as well as setting up of new CPC industry within Assam. However, the existing CPC industries have been allowed to run their industries with all pollution control devices which are to meet the standards as stipulated by the PCBA.

The senior counsel for the petitioner also drew the attention of the court to the communication dated January 27, 2022, issued by the PCBA where similar application submitted by M/s Shyam Carbon LLP, Guwahati, seeking approval to set up a new CPC industry was rejected. It was further submitted that M M Carbon Products Pvt. Ltd. applied for setting up the CPC unit in 2012 and consent was granted for a period of one year only. The petitioner alleged that after receiving consent for setting up CPC industry in the year 2012, no further action was taken by M M Carbon Products Pvt. Ltd. and thus, according to the petitioner the validity of the consent letter expired after one year.

MM Carbon Products Pvt. Ltd. filed a fresh application on March 24, 2021 for grant of consent to establish a CPC unit at Amingaon, Guwahati. The application was treated by the PCBA as a prayer for extension of the consent given to M M Carbon Products Pvt. Ltd. in 2012 and, consent was granted by PCBA to MM Carbon Products Pvt. Ltd. to set up a new CPC unit at Amingaon, Guwahati, which is under challenge in this PIL.

The bench observed that the matter required 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 court directed that notices should be issued to the State Government, PCBA and M M Carbon Products Pvt. Ltd. and listed the case for next hearing on May 25, 2023.

The court also ordered that till the next hearing, status quo, as it exists today, should be maintained in respect of the industry in question.

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