IMPORTANT POINT
Judicial review requires strict adherence to prior court directives and consideration of scientific evidence in administrative decisions impacting the environment.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. R. Baruah, the learned counsel appearing on behalf of the petitioners. Mr. D. Gogoi, the learned counsel appears on behalf of the respondent Nos.1, 2, 6 & 7; Ms. S. Baruah, the learned counsel appears on behalf of the respondent Nos.3 & 4; Ms. C. Borah, the learned counsel appears on behalf of the respondent No.5; Mr. S. Baruah, the learned counsel appears on behalf of the respondent Nos.8, 9. & 10 and Mr. P. K. Goswami, the learned senior counsel assisted by Mr. B. P. Borah, the learned counsel appears on behalf of the respondent No.12.

2. The instant writ petition has been filed challenging the order dated 19.02.2024 passed by the Deputy Commissioner, Morigaon whereby the Deputy Commissioner, Morigaon reinstated the No Objection Certificate issued vide No.MRK.21/2011/13 dated 02.09.2011 for establishment of the BBA Brick Kiln. The petitioners have challenged the said order dated 19.02.2024 on the ground that the said order was passed in complete violation to the order passed by the learned Division Bench of this Court in WA No.241/2017 as well as the directions passed by this Court in its order dated 30.08.2023 in WP(C) No.4604/2019.

3. Mr. R. Baruah, the learned counsel appearing on behalf of the petitioners submitted that in the consent order which was passed by the learned Division Bench on 23.11.2017 in WA No.241/2017, it was agreed to that the District Commissioner, Morigaon shall take into consideration the scientific basis of the report of the Pollution Control Board of Assam, Agricultural Officers and Forest Officials which were to be placed before the said District Commissioner prior to passing of the said order. The learned counsel for the petitioners submitted that a perusal of the impugned order dated 19.02.2024 would show that these aspects were not at all taken into consideration and the District Commissioner, Morigaon had based its order on the basis of the report of the Pollution Control Board of Assam dated 25.10.2011 as well as the report of the Agricultural Development Officer issued prior to the consent order passed by the learned Division Bench. The learned counsel for the petitioners further submitted that a perusal of the impugned order would only show that only the report of the Circle Officer as well as the Divisional Forest Officer, Nagaon Division was taken into consideration.

4. Mr. S. Baruah, the learned counsel appearing on behalf of the Pollution Control Board of Assam submitted that as per the brick kiln norms set out by the Ministry of Environment and Forest and Climate Change of the Government of India, certain new technologies have been mandated to be installed.

5. Ms. C. Borah, the learned counsel appearing on behalf of the Agricultural Development Officer submitted that there is a report dated 10.11.2023 wherein the District Agricultural Officer had given scientific basis for its earlier report and stated that the land in question would not be suitable for major agricultural practice and perhaps may be reclassified.

6. Mr. P. K. Goswami, the learned senior counsel appearing on behalf of the respondent No.12 submitted that the respondent No.12 pursuant to the consent to establish has already setup its brick kiln industry as per revised norms formulated by the Ministry of Environment and Forest and Climate Change of the Government of India in respect to brick kiln industries. In support of the submission, the learned senior counsel for the respondent No.12 has also placed before this Court the relevant documents evidencing the new technology used to establish brick kiln industry.

7. I have heard the learned counsel appearing on behalf of the parties and also perused the materials on record. From the materials on record, it transpires that the learned Division bench of this Court in its order dated 23.11.2017 had recorded the consensus arrived at by the parties in the said proceedings. The relevant paragraphs of the order dated 23.11.2014 regarding the consen