JUDGMENT :

Ujjal Bhuyan, J.

1. This order will dispose of all the above three writ petitions.

2. Heard Dr. A.K. Saraf, learned Senior Counsel, assisted by Mr. P. Baruah, learned Counsel for the petitioners in WP(C) Nos. 6179 and 6180 of 2013 and Mr. R.K. Agarwal, learned Counsel for the petitioner in WP(C) No. 6320/2013. Also heard Mr. D Mazumdar, learned Senior Counsel and Additional Advocate General, Assam, assisted by Mr. S Biswas, learned Counsel for the State respondents; Mr. S C Keyal, learned Assistant Solicitor General of India; Mr. A.C. Borbora, learned Senior Counsel, assisted by Mr. M Smith, learned Counsel for added respondent Nos. 10, 11 and 12 in WP(C) No. 6179/2013; and Mr. V Rajkhowa, learned Counsel for respondent No. 10 in WP(C) No. 6180/2013.

3. In all the writ petitions, challenge made is to the closure notices issued by the State respondents in the Environment and Forest Department, Government of Assam, to close down the cement manufacturing industrial units of the petitioners on the ground that those are situated within 10 km radius from the boundary of Amchang Wildlife Sanctuary.

4. In WP(C) No. 6179/2013, impugned notice is dated 26.9.2013, issued by the Secretary to the Government of Assam, Environment and Forest Department addressed to the Divisional Forest Officer, Kamrup (East) Division to take immediate steps for closure of three cement units, which are situated within 10 km radius from Amchang Wildlife Sanctuary and to submit compliance report. The said letter was issued on the basis of letter from the Additional Principal Chief Conservator of Forests (C), Ministry of Environment and Forests, Government of India, Regional Office at Shillong.

5. The said letter dated 26.9.2013 is also under assailment in WP(C) No. 6180/2013.

6. In WP(C) No. 6320/2013, impugned notice is dated 21.10.2013, issued by the Divisional Forest Officer, Kamrup (East) Division addressed to the three petitioners for closure of their respective cement units in the interest of Wildlife Conservation as those are situated within 10 km radius from Amchang Wildlife Sanctuary, i.e., within the eco-sensitive zone, which attracts violation of the guidelines of the Supreme Court.

7. Before proceeding further, it may be mentioned that in WP(C) No. 6179/2013, the initial petitioner was Cement Manufacturing Company Limited. However, the name of the petitioner company was changed from Cement Manufacturing Company Limited to Star Cement Limited. Accordingly, the name of the petitioner has been changed following order dated 18.9.2018, passed in IA (C) No. 300/2018.

8. Basic contention of the petitioners is that petitioners had established Cement Grinding Plants at Chamatapathar by making huge investments. Petitioners obtained necessary clearances prior to commencement of production. Petitioners were served with letters dated 12.9.2013 from the Secretary to the Government of Assam, Environment and Forest Department, stating that it was reported that petitioners were operating Cement Manufacturing Plants within a radius of 10 kms of Amchang Wildlife Sanctuary; which was within the eco-sensitive zone of the said Wildlife Sanctuary. Thus, setting up of the manufacturing units were in clear violation of the guidelines of the Supreme Court. The basis of the aforesaid communication was a letter dated 22.8.2013, issued by the Additional Principal Chief Conservator of Forests (C), Government of India, Regional Office at Shillong.

9. Petitioners in their reply denied that the cement plants were within 10 km radius of Amchang Wildlife Sanctuary. To remove doubt and confusion, a joint survey was suggested. It was also contended that no eco-sensitive zone was defined and notified in and around Amchang Wildlife Sanctuary. Therefore, there was no restriction or prohibition on setting up or operation of industry within the 10 km radius.

10. Without considering the aforesaid response of the petitioners, impugned closure notices were issued.

11. In WP(C) No. 6179/2013, t