Page No.# 1/5 GAHC010104132025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2671/2025 VINOD KUMAR KABRA S/O- LATE BHAMORLAL KABRA, R/O- ROUMARI DOLONI, P.O- BORBHOGIA, P.S- KOLOABOR, DIST- NAGAON, ASSAM VERSUS THE UNION OF INDIA AND ORS REP BY THE GOVT OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE MOEFF INDIRA PARIYAVARAN BHAWAN JORBAGH ROAD NEW DELHI 110003 2:NATIONAL BOARD OF WILDLIFE REP BY THE SECRETARY COMM ITTEE MEMBER STANDING OF NATIONAL BOARD OF WILDLIFE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE MOEFF INDIRA PARIYAVARAN BHAWAN JORBAGH ROAD NEW DELHI 110003 3:THE STATE OF ASSAM REP BY THE SPECIAL CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GHY 781006 4:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM DEPTT OF ENVIRONMENT AND FOREST DISPUR GHY 6 5:THE ADDITIONAL CHIEF SECRETARY DEPTT OF GEOLOGY AND MINING DISPUR GHY ASSAM 6:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FORESTS FORCE H BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GHY 781006 Page No.# 2/5 7:DIRECTOR OF GEOLOGY AND MINING GOVT OF ASSAM DAKHINGAON GUWAHATI ASSAM KAHILIPARA 8:THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY REP BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI 21 9:POLLUTION CONTROL BOARD REP BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI 21 10:THE KARBI ANGLONG AUTONOMOUS COUNCIL REP COUNCIL BY PRINCIPAL SECRETARY DIPHU KARBI ANGLONG 11:THE CHIEF EXECUTIVE MEMBER KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBIANGLONG 12:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBIANGLONG 13:THE DIVISIONAL FOREST OFFICER KARBIANGLONG EAST DIVISION DIPHU 14:THE RANGE OFFICER NORTH WESTERN RANGE PARKUP PAHAR KARBIANGLONG 15:THE SECRETARY DEPTT OF ENVIRONMENT KAAC DIPHU AND FOREST 16:THE DISTRICT COMMISSIONER KARBI ANGLONG EAST DIPHU KARBI ANGLONG ASSAM 17:THE ASSISTANT REVENUE OFFICER PHULONI REVENUE CIRCLE KARBI ANGLONG ASSA Advocate for the Petitioner : MR. A KHANDAKAR, MR B P BORAH,MR P J DUTTA Advocate for the Respondent : DY.S.G.I., SC, K A A C,GA, ASSAM,SC, FOREST Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 19.05.2025 Heard Mr. P. K. Goswami, learned Senior counsel assisted by Mr. B.P. Borah, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Dy. SGI for the respondent nos.1 & 2; Ms. U. Das, learned counsel for the respondent nos.3, 7, 8 & 16; Mr. R.R. Gogoi, learned counsel for the respondent nos.4 & 6; Mr. S. Baruah, learned counsel for the respondent no.9 and Mr. J. Chutia, learned counsel for the respondent nos.10 to 15 & 17. 2. The petitioner has prayed for setting aside and quashing the suspension order dated 29.01.2025 and the show-cause notice for cancellation notice dated 03.05.2025 issued by the Divisional Forest Officer, Karbi Anglong East Division, Diphu and direct the respondent authorities to restore the mining operation of the petitioner at Borjuri P.P. land No.3 stone mining contract area. 3. The learned counsels for the parties submit that in a similar matter, this Court vide order dated 03.04.2025 had allowed the petitioner in WP(C) 1003/2025 to file a review against the communication issued by the DFO, suspending all mining operation in the Eco Sensitive Zone of Kaziranga National Park and Tiger Reserve and within default esz of KNP & Tr, in compliance with the Supreme Court’s order. They submit that the petitioner in WP(C) 1003/2025 submitted a review petition pursuant to the order dated 03.04.2025, which had been subsequently allowed by the concerned authority. The petitioner therein was allowed to do the mining operation after obtaining necessary clearance. Page No.# 4/5 4. In the order dated 03.04.2025 passed in WP(C) 1003/2025, the learned Standing Counsel, KAAC had submitted that there was a provision under the Assam Minor Mineral Concession Rules, 2013, particularly, Rule 67 which provides for a review by the Director/Principal Chief Conservator of Forest and Head of Forest Force, Assam. As the matter was a transferred subject to the KAAC, the authority would be the Karbi Anglong Autonomous Council. 5. Pursuant to the Review petition in WP(C) 1003/2025 being allowed, this Court vide order dated 05.05.2025 disposed of WP(C) 1003/2025, by holding that the KAAC was to issue the revocation of the suspension order issued by the Divisional Forest Officer, Karbi Anglong East Division, Diphu, within 1 (one) week and to permit the petitioner therein to continue with the mining operation. 6. Mr. J. Chutia, learned counsel for the KAAC submits that if a review is to be filed by the petitioner, the authorities would have to look into the fact that the petitioner’s environmental clearance dated 08.09.2021 had been valid for a period of 3 years w.e.f. 08.09.2021, in terms of Clause 8 of the General Conditions of the letter dated 08.09.2021 issued by the Member Secretary, SEIAA, Assam. As the environmental clearance had expired on 08.09.2024, the petitioner would have to apply for a fresh environmental clearance. He also submits that the land in question where the mining operations are being held is owned by Rupalim Terangpi, as per the Joint Verification Report dated 06.09.20219. However, the petitioner has shown that the said land was taken on lease by the petitioner from Rupalim Terangpi. Mr. J. Chutia further submits that as per the Karbi Anglong District Transfer of Land Act, 1959, permission of the Executive Committee is required for transfer of the land by way of a lease. Page No.# 5/5 7. Mr. P.K. Goswami, learned Senior Counsel submits that the petitioner has already applied for a fresh environmental clearance certificate from the concerned authorities, as can be seen from the letter dated 06.12.2024 issued by the Divisional Forest Officer, Karbi Anglong East Division, Diphu to the Chairman SEIAA, Assam. 8. The counsels for the parties submit that all the issues raised by the parties herein can be looked into by the authority taking a decision on the review petition that may be allowed to be filed to the petitioner. 9. In view of the above reasons, the petitioner herein is also given the liberty to file a review petition within a week from today before the concerned authority against both the impugned orders dated 29.01.2025 and 03.05.2025, as has been allowed in WP(C) 1003/2025. The concerned authority shall thereafter take a decision on the petitioner’s review petition, after giving an opportunity of hearing to the petitioner. The entire exercise should be concluded, within a further period of 3 (three) weeks from the date of receipt of a copy of the review petition. 10. If the review is allowed by the concerned respondent, the petitioner should be permitted to continue with his mining operation. 11. The writ petition is accordingly disposed of. JUDGE Comparing Assistant