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 , i.e., respondent No.3, (hereinafter referred to as “PCB”)

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 is that the writ petition is being filed by the Assam Real Estate and Infrastructure Developers Association (AREIDA), which is a registered society under the Societies Registration Act, 1860, representing promoters, developers, and builders of housing/ residential complexes.

4.

The PCB, by issuing the impugned notification dated 03.07.2014, necessitated a requirement of prior consent from the Board for constructions above 3000 sq. meters, which includes, among others, all ongoing, upcoming, and proposed housing complexes within the State of Assam, as per the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the ), and the Environment (Protection) Act, 1986 “Water Act”

(hereinafter referre , along d to as the “Environment Act”)

with Rules made thereunder before commencement of the civil works.

5.

Thereafter, the PCB, by notification dated

18.05.2015, stipulated that all existing, ongoing, upcoming, and proposed Industrial Units/Processes/Establishment must obtain prior Consent to Establish Consent to “ ” and “

from the Board in accordance with Section 25 of Operate”

the Water Act and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as Rules framed thereunder. The said “Air Act”) and notification, among other things, also stipulated STP for Housing/Commercial/Office Complexes, etc., having built- up areas above 3000 sq. meters. Thereafter, the respondent No.4 and respondent No.5 have withheld all building permission/occupancy certificate applications for buildings above 3000 sq. meters, including for residential purposes demanding NOC from the Board as a prerequisite. It is the specific case of the petitioner/association that due to these actions of the respondent authorities, the business/livelihood of people associated with the real estate business has been affected.

Situated thus, the present writ petition.

6.

Mr. K. N. Choudhury, learned senior counsel appearing for the petitioner/association, submits that the impugned notifications are violative of Article 19(1)(g) read with Article 19(2) of the Constitution of India and that since the impugned notifications are executive fiat, the same cannot restrict the fundamental right of the members of the petitioner/association to carry on their respective businesses. He further submits that as the members of the petitioner/association do not operate any industrial plant in an air pollution control area, the question of the operation of the restrictions envisaged in the Air Act does not arise. He further submits that similarly the measures envisaged under the Water Act are also not applicable to the members of the petitioner/association, who are involved in the business of residential complexes. He further relies upon the decision of the Delhi High Court pronounced on 23.01.2012 in the case of Delhi Pollution Control Committee v. Splendor Landbase Limited, in LPA 895/2010, wherein the Delhi High Court has held that the effluent appearing in Section 25(1)(a)

expression “sewage ”

of the Water Act cannot be equated with sewage emanating from a domestic residential complex.

7.

He further submits that as per the EIA notification dated 14.09.2006, building