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ACHINTYA MALLA BUJOR BARUA
Imrad Ali – Appellant
Versus
State Of Assam And Ors Represented By The Chief Secy. – Respondent
JUDGMENT :
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Heard Mr. D. Das, learned senior counsel for the petitioners, Ms. M Barman, learned junior Government Advocate for the respondents No. 1, 4, 6 and 7 being the Chief Secretary to the Government of Assam, Deputy Commissioner, Darrang, Additional Deputy Commissioner (Revenue), Darrang and Circle Officer, Sipajhar, Mr. A Bhattacharyya, learned counsel for the respondent No. 2 being the authorities in the Revenue Department of the Government of Assam, Mr. S Barua, learned counsel for the respondent No. 3 being the Pollution Control Board, Assam and Mr. A Upadhyay, learned counsel for the respondent No. 8 Md. Lutfor Rahman.
2. The 104 petitioners herein are all residents of village Sanowatari and Khalihoi under mouza Sipajhar in the Darrang district and most of them are farmers who earn their livelihood by cultivating their respective agricultural land. The petitioners are aggrieved to the extent that a brick kiln operated by the respondent No. 8 Md. Lutfor Rahman was established in violation of the Assam Brick Kiln Establishment and Regulation Rules, 2013 (in short Rules of 2013) and also it is having an adverse impact on the env
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.
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.
Compliance with environmental regulations is crucial for operational legitimacy, and explicit consent conditions dictate these obligations.
Illegal brick kilns without valid consents do not qualify as 'existing' units exempt from siting criteria under environmental notifications.
Existing brick kilns must have valid environmental clearances; illegal units cannot be classified as existing.
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