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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Jiten Engjai S/o Late Paniram Engjai – Appellant
Versus
Union of India Represented by the Secretary, New Delhi – Respondent
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
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.
Point of law : Right of quarrying - Under sub-rule (1) of Rule 32, it is provided no person in possession of patta lands in Karnataka State shall undertake quarrying operations in his land for minor ....
The court reinforced the prohibition of mining within one kilometer of wildlife sanctuaries, emphasizing adherence to environmental protection laws.
The insistence in Ext.P8 office memorandum for prior clearance from the Standing Committee for projects within 10 kilometres from National Parks was unsustainable in law as it did not follow the proc....
The court emphasized the importance of considering the potential impact of quarrying on the surrounding ecosystem and wildlife, as well as the existence of an alternate remedy under Rule 36-C. The de....
Stoppage of mining activity in vicinity of Elephant Corridor – Dispute can be resolved by giving a direction to State Government to implement Comprehensive Wildlife Management Plan and complete proce....
Stone crushing units must comply with minimum distance norms from reserve forests and highways; violations due to official lapses justify closure and departmental action.
Failure to comply with environmental clearance conditions can lead to the suspension of operations to safeguard ecological integrity.
The judgment emphasizes the principle of prospective application of laws and the requirement for proper verification of facts and consideration of existing legal rights before issuing directives.
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