Gauhati HC Warns Of Proceedings Against Officers If Stone Crushing Unit Is Not Stopped [Read Order]

The Gauhati High Court has directed the Sub- Divisional Officer (Civil), Dhansiri and Deputy Commissioner, Golaghat to ensure that the Stone Crusher does not resume operation at any hour of the day or night, unless pollution control measures are installed and permission to operate the Stone Crusher is given by the Pollution Control Board.

A division bench of Chief Justice Ajai Lamba and Justice Soumitra Saikia gave the direction while disposing of a public interest litigation filled by 15, residents of Gelajan of Golaghat district. The petitioners had moved the court alleging that M/S Dpyang Stone Crushing Industries, is running a stone crusher giving rise to noise pollution and dust pollution, much beyond the permissible limits thereby causing annoyance amongst the residents of the area.

The court had directed the authorities to file a report, in which it was stated that pollution control board has passed order directing that the operation of the stone crusher be stopped for the reasons that no boundary wall has been constructed; no noise pollution control device has been installed; no proper water sprinkling system has been installed to control air pollution and noise level was found to be exceeding permissible limits.

However, advocates for the petitioners informed the high court that that despite such order having been passed by an authority having competent jurisdiction, the stone crusher is still operating. Such continued operation is likely to cause asthma and other respiratory related medical complications.

The state also fact that operation of the Stone Crusher has been stopped. Communication received from Sub-Divisional Officer (Civil) Dhansiri, Sarupathar also states that the crushing activity has been stopped on ground. Again this claim was disputed by the petioners saying "In fact stone crushing activity is going on. The stop order has only been issued in paper."

Following whcih the court passed the direction to the authorities and said "It is made clear that in case the needful is not done and the matter is brought to the notice of the Court, the Court would contemplate initiating proceedings against the Officers found responsible for allowing stone crushing without installation of pollution control measures."

Sumi Kerai and others v State of Assam and others.
Date of order February 10, 2020.  
Bench: CHIEF JUSTICE MR. AJAI LAMBA
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
For petitioners : Mrs. B. Chakraborty, Advocate Mr. P. Boiragi, Advocate.
For respondents:
Mr. T.C. Chutia, Additional Senior Government Advocate, Assam for respondent Nos.1, 3 & 5.
Mr. P.J. Phukan, Standing Counsel, Pollution Control Board, for respondent Nos.2 & 4.
Mr. R.K. Talukdar, Advocate for respondent No.6.

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