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IN THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Assam Real Estate and Infrastructure Developers Association (AREIDA), represented by its President Sri P.K. Sharma – Appellant
Versus
State of Assam, represented by the Chief Secretary to the Government of Assam – Respondent
JUDGMENT :
(KAUSHIK GOSWAMI, J.)
Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. T. Kashyap, learned counsel, & Mr. N. Gautam, learned counsel, appearing for the petitioner. Also heard Mr. D. Gogoi, learned standing counsel, Forest Department, appearing for respondent No.2, Mr. S. Barua, learned standing counsel, Pollution Control Board, Assam appearing for respondent Nos. 3, and Mr. P. Nayak, learned standing counsel, Guwahati Municipal Corporation (GMC) appearing for respondent No.4.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner/association is challenging, inter alia, the legality and validity of impugned notification No. WB/G-1025/14-15/01 dated 03.07.2014 and notification No. WB/G-1025/14-15/57 dated 18.05.2015, issued by the Pollution Control Board, Assam (hereinafter referred to as “PCB”), i.e., respondent No.3, whereby it was made mandatory for all ongoing, upcoming, and proposed, inter alia, housing complexes to obtain prior consent from PCB for construction above 3000 sq. meters and for installation/construction of Sewage Treatment Plant (hereinafter referred to as “STP”), respectively.
3. The brief fact of the case
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