1. By this application under Article 226 of the Constitution of India, petitioner who is proprietor of a Stone Crusher Unit named as M/s. Laxmi Enterprise at Baghmari, Biswanath Chariali, Sonitpur has challenged the legality of Office Memorandum dated 22.09.2005 issued by the Commissioner and Secretary of the Government of Assam Environment and Forest Department laying down certain guidelines for implementation in regard to issuance of license to Stone Crusher Unit.

2. Petitioner runs a Stone Crusher Unit under the name and style of M/s. Laxmi Enterprise, permission for which was granted by the SDO (Civil), Biswanath Chariali on 04.11.2003. He was permitted to set up and run the stone crushing machines under certain terms and conditions mentioned in the permission order for a period up to 31.12.2003. According to the petitioner the said permission has been subsequently extended from time to time and even as on the date the petitioner has valid permission in his favour for running the Stone Crusher Unit. It is further pleaded that while the petitioner was running the stone crushing unit without any hindrance from the authority, all of a sudden the Government in the Department of Environment and Forest issued an Office Memorandum on 22.09.2005 laying down certain guidelines for issuance of license of Stone Crushing Unit. The said office memorandum is quoted below:

“It has been observed that most of the Stone Crusher Units on the State have been taking stone materials from other sources depriving the Government of Revenue. To prevent the practice of collecting stone materials from illegal sources and to enhance the Government Revenue substantially, Government after careful consideration has formulated the following guidelines from implementation by all concerned.

(a) All the Stone Crusher Units should be given permit under Assam Mine Mineral Concession Rules, 1994 for collecting a minimum quantity of 3000 cum of stone per year on payment of 1.5 times more of Government Royalty plus other Taxes. However, the stone crusher units may apply for more quantity of materials depending on the plant capacity of crusher units.

(b) Stone Crusher Units must lift the minimum stipulated quantity of materials every year, failing which their licenses are liable to be cancelled. The permits will be issued and monitoring may be done by respective Conservators of Territorial Circles.

(c) Renewal of crusher licence would depend on verification of collecting and crushing of permitted stipulated minimum quantity of materials and payment of royalty as mentioned at (a) above.

(d) The Environment and Forest Department would preserve the right to cancel the licence of any crusher unit for failure to implement the above guidelines at any time. This may be brought to the notice of all concerned for immediate implementation.

This will come into force with immediate effect.”

3. It would appear from the said office memorandum that minimum stipulated quantity of material has been fixed at 3,000 cum per year as a pre condition of granting licence and in Clause-b thereof the default clause has been inserted saying that if Stone Crusher Units fails to lift less than the aforesaid amount of 3,000 cum of materials then his license would be cancelled. Clause-(C) further highlights that the requirement of minimum extraction has to be scrupulously followed by the authority.

4. It is the case of the petitioner that the said guidelines are contrary to the proviso of Rule 31 of the Assam Minor Mineral Concessions Rules, 1994 and that the same has resulted in unreasonable restriction on the lawful trade of the petitioner by way of putting up an embargo under Clause (a) & (b) of the said office Memorandum. Rule 31 of the Assam Minor Mineral Concessions Rules, 1994, (herein further refers the Rules) provides that on an application made to the competent authority, a mining permit may be granted in Form L to any person to extract and remove from any specific land in an