GAHC010086122020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

I.A.(Civil) No.3677 of 2025 In PIL No.35 of 2020 Oil India Limited, a Company Incorporated under the Companies Act, 1956, having its Registered Office at Duliajan, PO: Duliajan, District: Dibrugarh, Assam, PIN – 786602, represented by its Resident Chief Executive, Oil India Limited.

…… Applicant -Versus-

1. Shri Mrinmoy Khataniar, Son of Late Bijoy Ch. Khataniar, Resident of Narikalbari Path, M.T. Road, Guwahati – 781024.

2. Shri Amar Jyoti Deka, Son of Late Bhabendra Nath Deka, Resident of House No. 20, Namoni Path, Karbi Path, Mother Teresa Path, PO: Bamunimaidam, PS: Geetanagar, Guwahati – 781021, Assam.

…… Opposite Parties

3. The Union of India, represented by the Secretary, Ministry of Petroleum and Natural Gas, Government of India, Shastri Bhawan, New Delhi – 110003.

4. The secretary to the Government of India, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi – 110003.

5. The State of Assam, represented by the Chief Secretary to the Government of Assam, Dispur, Secretariat Complex, Guwahati – 781006.

6. The Principal Secretary to the Government of Assam, Environment and Forest Department, Dispur, Guwahati –

781006.

7. The Principal Chief Conservator of Forests Force, H-Block, 2^nd Floor, Janata Bhawan, Dispur, Guwahati – 781006, Assam.

8. The Principal Conservator of Forests (Wildlife), H-Block, 2^nd Floor, Janata Bhawan, Dispur, Guwahati – 781006, Assam.

9. The National Board for Wildlife, represented by the Standing Committee of National Board for Wildlife, Ministry of Environment, Forest and Climate Change (Wildlife Division), 6^th Floor, Vayu Wing, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi – 110003.

10. State Board for Wildlife, represented by its Chairman, Dispur, Secretariat Complex, Guwahati – 781006.

11 The Deputy Commissioner, Tinsukia, District, PO:

Borguri, Tinsukia, Assam, PIN – 786126.

12: The Commissioner and Secretary, Mines and Minerals Department, Government of Assam, Dispur, Secretariat Complex, Guwahati – 781006.

13. The Central Pollution Control Board, ENVIS Secretariat, represented by its Chairman, Vayu Wing, 6^th Floor, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi –

110003.

14. The State Pollution Control Board, Government of Assam, represented by its Chairman, Milanpur, West Jyoti Nagar, Bamunimaidam, Assam, PIN – 781004.

15. Assam State Biodiversity Board, Aranya Bhawan, 2^nd floor, Panjabari, represented by its Member Secretary.

…… Proforma Opposite Parties – BEFORE –

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY For the Applicant : Mr. P.K. Goswami, Senior Advocate (through Video Conferencing) assisted by Mr. K. Majumder, Advocate.

For the Petitioners : Ms. R.S. Chowdhury, Advocate for petitioners [respondent Nos.1 & 2 in I.A. (Civil) No.3677/2025].

For the Respondents : Mr. R.K.D. Choudhury, Deputy Solicitor General of India.

: Mr. R.J. Das, Advocate for respondent No.15.

Date of Order : 21.01.2026

O R D E R

(Ashutosh Kumar, CJ)

We have heard Mr. P.K. Goswami, learned Senior Advocate, assisted by Mr. K. Majumder, learned Advocate for the applicant; Mrs. R.S. Chowdhury, learned Advocate for the respondent Nos.1 & 2; Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India for the Union of India and Mr. R.J. Das, learned Advocate for respondent No.15.

2. In the connected Public Interest Litigation, i.e. PIL No.35/2020, challenge has been made to the Notification dated 16.01.2020 issued by the Ministry of Environment, Forest and Climate Change, Government of India (hereinafter to be referred as “MoEFCC”), whereby an amendment has been made in the Environment Impact Assessment (EIA) Notification dated 14.09.2006, reclassifying all on-shore and off-shore oil and gas exploration Projects from Category-A to Category-B2, thereby exempting such Projects from mandatory requirement of public hearing and consul