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SUMAN SHYAM
Bikash Dey S/o Biresh Ch. Dey – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Ms. B. Devi, learned counsel appearing for the writ petitioners in WP(C) 4917/2022and Mr. N. Islam, learned counsel for the writ petitioners in WP(C) 2791/2019. Mr. C.K.S. Baruah, learned Government Advocate, Assam, has appeared on behalf of the respondent nos. 4, 5, 7 & 8 in WP(C) 4917/2022 and Ms. N. Bordoloi, learned Standing Counsel, Revenue and DM Department, Assam, is present on behalf of the respondent nos. 2 and 4 in WP(C) 2791/2019. Mr. S. Baruah, learned Standing Counsel, Pollution Control Board, Assam, has appeared on behalf of the respondent nos. 3 & 6 in WP(C) 4917/2022 and respondent no. 3 in WP(C) 2791/2019. Mr. S. Ghosh, learned counsel is present on behalf of the private respondent in both the writ petitions.
2. The petitioners in both the writ petitions are basically aggrieved by the “consent to establish” as well as “consent to operate” issued by the Pollution Control Board (PCB), Assam permitting the private respondent to set up a brick klin over his private patta land situated in village Rajyeswerpur Part-I, PS-Lala, Borbond in the district of Hailakandi, inter-alia contending that the “brick klin” has been set up over agricultural land, witho
Section 3 and 4 of Act of 2015 as well as Rule 3 of Assam brick klin Establishment and Regulation Rules, 2013, a brick klin cannot be established over agricultural land.
Both 'consent to establish' and 'consent to operate' are mandatory for operating an industrial plant in pollution control areas, and the interpretation of statutory provisions must align with legisla....
Compliance with environmental regulations is crucial for operational legitimacy, and explicit consent conditions dictate these obligations.
Pre-2012 brick kilns with valid consents exempt from 2012 siting criteria; environmental laws retroactively impose obligations without impairing vested rights, subject to compliance timelines.
Environmental protection mandates compliance with current laws, yet established facilities are entitled to operate under previous regulations, necessitating adherence to updated standards.
Pre-2012 brick kilns with valid consents exempt from 2012 siting criteria; environmental laws apply retroactively only to non-compliant units.
No settlement of Government land for brick kilns without temporary permission from the Government, supported by applicable land policies and regulations.
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