Md. Jiyaur Pasa vs The State Of Assam And 4 Ors

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GAHC010203772025

2026:GAU-AS:13343
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5421/2025
MD. JIYAUR PASA
S/O LATE SALIM PASA, NALBARI TOWN, WARD NO 8, P.S. AND P.O.
NALBARI, DIST. NALBARI, ASSAM- 781335
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI- 6
2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
REHABARI
GUWAHATI-781008
3:THE DIVISIONAL FOREST FOREST OFFICER
NORTH KAMRUP DIVISION
RANGIA
KAMRUP
ASSAM-781354
4:THE FOREST RANGE OFFICER
NALBARI FOREST RANGE
NALBARI
ASSAM-781335
5:THE CHAIRMAN
POLLUTION CONTROL BOARD
ASSAM
BAMUNIMAIDAM
GUWAHATI-2

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BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH

For the Petitioner(s) : Mr. S. Hoque, Advocate

For the Respondent(s) : Mr. D. Gogoi, Standing Counsel
: Mr. I. Borthakur, Standing Counsel


Date on which Judgment was reserved : N/A
·
· Date of Pronouncement of Judgment : 11.09.2026
· Whether the pronouncement is of
the Operative Part of the Judgment : Yes

· Whether the full Judgment has been
Pronounced : No
JUDGMENT AND ORDER (ORAL)
Heard Mr. S. Hoque, the learned counsel appearing on behalf of
the Petitioner and Mr. D. Gogoi, the learned Standing counsel
appearing on behalf of the Respondent Nos. 1 to 4. None appears
on behalf of the Respondent No.5.
2. The Petitioner herein is aggrieved by the actions of the
Divisional Forest Officer, North Kamrup Division, Rangia in not
renewing the permission granted vide Registration No. NKD/STONE
CRUSHER/150 of 2024.
3. This Court duly takes note of the permission which was

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granted earlier by the Respondent No.3 which had expired on
31.12.2024.
4. At this stage, it is also relevant to take note that the learned
National Green Tribunal, Eastern Zone Bench, Kolkata, was seized
of the matter concerning the operation of the stone crusher units,
which includes the stone crusher unit of the Petitioner. Upon
hearing the parties, the learned National Green Tribunal passed
certain directions vide the order dated 24.07.2026 in Original
Application No.46/2025/EZ. Paragraph Nos. 26 to 31 of the said
order, being relevant are reproduced herein below:
“ 26. Respondent no.2-ASPCB is directed to verify compliance status of
respondent no.4- M/s. JPIS Brick Manufacturing Unit and respondent no. 5-
M/s. Pasa Stone Crusher Unit regarding siting cirteria and CPCB/ASPCB
guidelines and to take appropriate action regarding grant of CTO to respondent
no.4- M/s. JPIS Brick Manufacturing Unit and continuance of CTO granted to
respondent no. 5- M/s. Pasa Stone Crusher Unit only in case of compliance by
respondent no.4- M/s. JPIS Brick Manufacturing Unit and respondent no. 5-
M/s. Pasa Stone Crusher Unit.
27. In reply dated 18.07.2025 filed on behalf of respondent no.3-District
Magistrate, Nalbari it was mentioned that the Chengnoi area of Nalbari District,
is identified as an elephant Corridor, and as such being comprehensive about
the obstruction due to the Brick Kiln and Stone Crusher Unit, the Divisional
Forest, Officer, North Kamrup Division, Rangia, expressed his concern to the
District Commissioner, Nalbari. Thereafter the District Commissioner, Nalbari,
did not permit both the units to operate, and as such the units were not

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operational. However, respondent no.4- M/s. JPIS Brick Manufacturing Unit and
respondent no. 5- M/s. Pasa Stone Crusher Unit have filed objections dated
02.12.2025 and submitted that no documentary proof regarding the area being
declared as elephant corridor has been enclosed with the reply filed by the
District Magistrate, Nalbari.
28. The District Magistrate, Nalbari is directed to look into the objection and
pass appropriate orders on the same in accordance with law within one month
from the date of receipt of a copy of this order.
29. In their affidavits respondent no.4- M/s. JPIS Brick Manufacturing Unit
and respondent no. 5- M/s. Pasa Stone Crusher Unit have submitted that they
have filed Writ Petition (C) No. 1409/2025 titled Parbin Sultana Vs. The
State of Assam and Others and W.P.(C) No.50/2025 titled Parbin Sultana
vs. State of Assam & Others which are pending before the Hon'ble Gauhati
High Court. However, in their affidavit respondent no.4- M/s. JPIS Brick
Manufacturing Unit and respondent no. 5- M/s. Pasa Stone Crusher Unit have
themselves conceded that the reliefs sought in abovementioned Writ Petition is
different from the matter which is pending before this Tribunal.
30. In view of the above discussed facts and circumstances of the case,
precautionary principle and principle of sustainable development and embodied
in Section 20 of the National Green Tribunal Act, 2010 and in exercise of
powers conferred by Section 14 read with Section 19 thereof, the present O.A.
is disposed of with the directions that respondent no.4- M/s. JPIS Brick
Manufacturing Unit and respondent no. 5- M/s. Pasa Stone Crusher Unit shall
not operate their units except on grant of NOC by the concerned authorities
and CTO by respondent no. 2-ASPCB and also in due compliance with
guidelines issued by CPCB/ASPCB and environmental norms.
31. The District Magistrate, Nalbari and Superintendent of Police, Nalbari

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are directed to ensure that respondent no.4- M/s. JPIS Brick Manufacturing
Unit and respondent no. 5- M/s. Pasa Stone Crusher Unit do not operate
illegally.”
5. From a perusal of the above quoted order, it is seen that the
Assam State Pollution Control Board was directed to verify
compliance status of the Petitioner's unit regarding sitting criteria
and its guidelines and to take appropriate action regarding grant of
CTO (Consent to Operate) to the Petitioner only upon compliance.
The District Magistrate, Nalbari, who is also the District
Commissioner, Nalbari was also directed to decide the objections so
submitted by the Petitioner and pass appropriate orders on the
same within one month.
6. The learned National Green Tribunal further applying the
precautionary principle and the principle of sustainable
development embodied in Section 20 of the National Green
Tribunal Act, 2010 as well as in exercise of powers conferred under
Section 14 and 19 of the said Act, observed that the Petitioner unit
can operate provided there is a grant of NOC by the concerned
authority and the CTO by the Assam State Pollution Control Board
in due compliance with the guidelines issued by the Assam State
Pollution Control Board/Central Pollution Control Board and the
environmental norms. Further to that, the District Magistrate,

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Nalbari and the Superintendent of Police, Nalbari were directed to
ensure that the Petitioner’s unit does not operate illegally.
7. In the backdrop of the above, it is also of relevance to take
note of that the Respondent Nos. 1 to 4 in the present proceedings
were also party in the proceedings before the learned National
Green Tribunal.
8. The question arises in the instant proceedings is as to whether
the Respondent No.3 should be directed to consider the application
submitted by the Petitioner for renewal of his license.
9. A perusal of the license/form of permission would clearly show
that the said license/permission is renewable.
10. Mr. D. Gogoi, the learned Standing counsel appearing on
behalf of the Forest Department submitted that the area wherein
the Petitioner's unit is situated falls in the elephant corridor.
However, except stating in the affidavit as well as bringing on
record certain photographs, there is no contemporary records
being placed before this Court which would show that the said area
wherein the Petitioner's unit is situated comes within the elephant
corridor. Apart from that, the District Commissioner/ District
Magistrate, Nalbari, has already been directed by the learned

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National Green Tribunal to deal with the said aspect specifically.
11. Considering the above, this Court therefore disposes of the
instant writ petition with a direction upon the Respondent No.4 to
consider the application submitted by the Petitioner for renewal of
his permission in accordance with law. The said consideration be
carried out within a period of 1 (one) month from the date a
certified copy of the instant judgment is served upon the
Respondent No.3.
12. Needless to say, the above directions shall not impact the
directions passed by the learned National Green Tribunal in the
order dated 24.07.2026, more particularly the paragraphs which
have been already quoted hereinabove.

Bijoy
Saha
Digitally signed by
Bijoy Saha
Date: 2026.09.12
14:51:32 +05'30'
JUDGE
Comparing Assistant