The court affirmed the right to interim relief for stone removal from a quarry operating outside the Eco-Sensitive Zone, balancing environmental regulations with the entitlement of the quarry owner.

ORDER :

1. Heard Mr. P.K. Goswami, learned Senior Counsel assisted by Mr. D.P. Borah, learned counsel for the petitioner; Ms. U. Das, learned Additional Senior Government Advocate, Assam for the respondent nos. 3, 5 & 14; Mr. D. Gogoi, learned Standing Counsel, Forest Department for the respondent no. 4; Mr. S. Baruah, learned Standing Counsel, Pollution Control Board Assam for the respondent nos. 6 & 7 and Mr. J. Chutia, learned Standing Counsel, Karbi Anglong Autonomous Council [KAAC] for the respondent nos. 8, 9, 10, 11, 12 & 13. There was no representation on behalf of the respondent no. 1, 15 & 16 on call.

2. The prayer for interim relief has been renewed on behalf of the petitioner in deference to the Order dated 14.11.2025. The petitioner has sought interim relief for allowing it to remove the quantities of already extracted stone from the petitioner’s mining contract area, that is, Naupani Kaiphoi Anlong P.P. Land Stone Quarry [‘the Stone Quarry’, for short]. In support of such interim relief, the petitioner has referred to interim orders passed by a coordinate bench of this Court on 05.09.2025 in two other writ petitions, W.P.[C] no. 5200/2025 & W.P.[C] no. 5203/2025.

3. The learned counsel for the parties have urged a number of points during the course of their submissions, which would be adverted to in the later parts of the order.

4. The case of the petitioner, in brief, is that he owns a plot of land in the district of Karbi Anglong, Assam, which is a periodic patta land, covered by Dag no. 285 and Patta no. 54. In order to set up the Stone Quarry in the said periodic patta land situate at Naupani Kaiphoi Anglong, Parku Pahar, he applied for a mining permit in the name of Naupani Kaiphoi Anlong P.P. Land Stone Quarry. On 16.11.2021, the Chief Conservator of Forests-cum-Council Head of the Forest Department, Karbi Anglong wrote to the respondent no. 13 stating that the operation of the Stone Quarry in the petitioner’s periodic patta land would be allowed only after observance of all the formalities and fulfillment of necessary requirements and clearances, as required, under existing rules in force for a period of two years to extract a quantity of 30,000 cubic metres of stone. The same was issued in deference to an Office Letter of the Karbi Anglong Autonomous Council dated 28.10.2021.

4.1. Thereafter, the petitioner sought for approval to a mining plan. By an Office Letter dated 30.12.2021, the respondent no. 13 wrote to the respondent no. 5 informing that Naupani Kaiphoi Anlong P.P. Land Stone Quarry [‘the Stone Quarry’] had been settled with the petitioner for collection of 30,000 cubic metres of stones/sand with the issuance of a Letter of Intent [LoI] at a reserved price of Rs. 90,00,000/- along with 15% monopoly fees for a period of two years. The petitioner deposited a sum of Rs. 21,75,000/- towards 10% of the bid security and towards advance contract money. By the said Letter dated 30.12.2021 [Annexure-2], the respondent no. 5 was requested to prepare a mining plan in connection with the Stone Quarry.

4.2. The respondent no. 13 on 30.12.2021 vide another Office Letter of even date [Annexure-3] asked the petitioner to start preparation for obtaining Environmental Clearance/Environmental Impact Assessment and mining plan as per the provisions of the Assam Minor Mineral Concession Rules, 2013, as amended. On 17.06.2023, the Ministry of Environment, Forest and Climate Change, Government of India issued Environmental Clearance [EC] for the Stone Quarry under reference in terms of EIA Notification, 2006 for a period of two years from the date of issuance of the EC.

4.3. Thereafter on 18.08.2023, the respondent no. 13 submitted a Report to the respondent no. 14 for issuance of No Objection Certificate [NOC] for blasting operation at the Stone Quarry with his comments why the Stone Quarry can be allowed to operate. The respondent no. 14 issued a No Objection Certificate [NOC] to carry out blasting operation at the Stone Q