NAYAN MONI DEKA AND ORS v. THE STATE OF ASSAM AND ORS
I.A.(Civil)/2813/2025 · 2025-08-26
Kardak Ete
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 18299 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18299 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010045752025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2813/2025 NAYAN MONI DEKA AND ORS S/O MANGALU HALOI RESIDENT OF VILLAGE CHENGNOI PS NALBARI DIST NALBARI ASSAM 781337 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06 ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FOREST DEPARTMENT DISPUR GUWAHATI-6 ASSAM 3:THE POLLUTION CONTROL BOARD ASSAM REPRESENTED BY ITS CHAIRMAN BAMUNIMAIDAM GUWAHATI-21 ASSAM 4:THE MEMBER SECRETARY POLLUTION CONTROL BOARD ASSAM BAMUNIMAIDAM
Page No.# 2/4 GUWAHATI-21 ASSAM 5:THE SENIOR ENVIRONMENTAL ENGINEER REGIONAL HEAD REGIONAL OFFICE KAMRUP ASSAM 6:THE DISTRICT COMMISSIONER NALBARI DISTRICT NALBARI ASSAM-781335 7:THE ADDITIONAL DISTRICT MAGISTRATE NALBARI DISTRICT NALBARI ASSAM-781335 8:THE DIVISIONAL FOREST OFFICER NORTH KAMRUP DIVISION RANGIA ASSAM 9:THE CIRCLE OFFICER NALBARI REVENUE CIRCLE NALBARI ASSAM-781335 10:PARBIN SULTANA PROPRIETOR M/S JPIS ENTERPRISE W/O MD. JIYAUR PASA NALBARI TOWN WARD NO. 8 P.S. AND P.O.- NALBARI DIST- NALBARI ASSAM-781335 ------------ Advocate for : MR A ATREYA Advocate for : MD S HOQUE appearing for THE STATE OF ASSAM AND ORS
Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER Date : 27.08.2025
Heard Mr. A. Atreya, learned counsel for the applicants and Mr. S. Hoque,
learned counsel for the opposite party/writ petitioner. By filing this application, the applicants have prayed for impleadment as respondent Nos. 10 & 11 in the connected writ petition, being WP(C) No. 1409/2025. The applicants claim to be the residents of Village Chengnoi where the opposite party/writ petitioner proposes to establish brick-kiln industry. It is contended that the consent to establish the brick-kiln industry of the petitioner has been withdrawn by the Pollution Control Board, Assam, which is the subject matter of challenge in the above connected writ petition. The applicants further claim that they would be the affected persons as the brick-kiln industry, which is proposed to be established, is located in the vicinity of their residence. Therefore, it is contended that the present applicants are the necessary parties. Having considered above and also considering that the applicants are the residents of the above locality concerned where the brick-kiln industry of the opposite party/writ petitioner is proposed to be set up and if requisite measures for pollution control are not taken, the applicants and other residents in the locality may be affected, and further the prayer for impleadment not being objected to by the learned counsel for the opposite party/writ petitioner, I deem
Page No.# 4/4 it appropriate to allow this application. Accordingly, the applicants are impleaded as party respondent Nos. 10 & 11 in the connected writ petition, being WP(C) No. 1409/2025, as the applicants are the necessary parties. The interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant