Gauhati High Court Orders Status Quo On Pollution Control Board’s Grant Of Consent For Setting Up ‘Red Category’ Industry At Amingaon

The Gauhati High Court recently issued notice to Assam Government and State Pollution Control Board 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.

Senior Advocate, K. N. Choudhury appearing for the petitioner submitted that the Pollution Control Board, Assam vide notification dated February 17, 2018 decided not to allow any further expansion of the existing Calcined Petroleum Cake (CPC) Units as well as setting up of new CPC industry within the State of 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 Pollution Control Board, Assam," Choudhury submitted.

Choudhury further drew the attention of the court to communication dated January 27, 2022, issued by the Pollution Control Board, Assam, whereby 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 applied for setting up the CPC unit in 2012 and consent was granted for a period of one year only.

 "The petitioner has alleged that after receiving consent for setting up CPC industry in the year 2012, no further action was taken by the 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. The respondent no. 4 thereafter filed a fresh application, bearing No. 474359 dated 24.03.2021 for 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 extension the consent given to the 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 court noted in the order.

The bench observed 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.”

Issuing notice to the respondents, the court listed the matter for hearing on May 25.

Case Title: NOC Foundation New Opportunity For Children v. The State of Assam & 3 Ors.

Coram: The Chief Justice Sandeep Mehta and Justice Suman Shyam

Click Here to Read/Download Order