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2025 DAILYLAW 2840 (GAU)

SONESH HOJAI AND 2 ORS v. MAHABAL CEMENT PRIVATE LIMITED AND ORS

I.A.(Civil)/506/2025 · 2026-02-17

Devashis Baruah

body2025

Judgment text

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Page No.# 1/5 GAHC010012242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/506/2025 SONESH HOJAI AND 2 ORS S/O JAYPURNA HOJAI R/O LONGKUKRO P.O. AND P.S. UMRONGSO DISTRICT DIMA HASAO ASSAM PIN 788931 2: SRI SAMARJIT NUNIA THROUGH THE OFFICER-IN-CHARGE UMRANGSO POLICE STATION DIMA HASAO HAFLONG DIMA HASAO DISTRICT ASSAM-788931. 3: SRI SABJAYNON JIDUNG THROUGH THE OFFICER-IN-CHARGE UMRANGSO POLICE STATION DIMA HASAO HAFLONG DIMA HASAO DISTRICT ASSAM-788931. VERSUS MAHABAL CEMENT PRIVATE LIMITED AND ORS A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT 7 COUNCIL STREET 2ND FLOOR KOLKATA WEST BENGAL - 700001 REPRESENTED THROUGH ITS AUTHORISED SIGNATORY SRI. MUKESH 5O GURJAR Page No.# 2/5 AGED ABOUT 40 SON OF SRI. RAMJI LAL GURJAR RESIDENT OF MAKSUDAN PURA DIST. SAWAI MADHOUPUR RAJASTHAN PIN-322033 2:THE STATE OF ASSAM REP BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPT. ASSAM SECRETARIAT I-BLOCK 2ND FLOOR DISPUR GUWAHATI-7810066 3:DIRECTORATE GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007 4:DIMA HASAO AUTONOMOUS COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY (N) HAFLONG DIMA HASAO DISTRICT ASSAM-788819. 5:THE SECRETARY REVENUE I/C SETTLEMENT AND REVENUE DEPARTMENT DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DIMA HASAO DISTRICT ASSAM- 788819 6:THE ADDITIONAL SECRETARY REVENUE DEPARTMENT DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DIMA HASAO DISTRICT ASSAM-788819 Page No.# 3/5 7:THE REVENUE OFFICER DIMAHASAO AUTONOMOUS COUNCIL HAFLONG DIMA HASAO DISTRICT ASSAM-788819 8:SUPERINTENDENT OF POLICE HAFLONG DIMA HASAO DISTRICT ASSAM -788819 9:THE OFFICER-IN-CHARGE UMRANGSO POLICE STATION DIMA HASAO HAFLONG DIMA HASAO DISTRICT ASSAM-788931 ------------ For the Applicant(s) : Mr. A. I. Kathar, Advocate For the Respondent(s) : Mr. R. M. Das, Standing Counsel : Mr. D. Nath, Sr. GA, Assam : Ms. G. Goswami, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.02.2026 Heard Mr. A. I. Kathar, the learned counsel appearing on behalf of the Applicants and Mr. R. M. Das, the learned Standing counsel appearing on behalf of the Dima Hasao Autonomous Page No.# 4/5 Council. I have also heard Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the Respondent Nos. 2, 3 and 7 and Ms. G. Goswami, the learned counsel appearing on behalf of the Respondent No.1. 2. The instant application has been filed by the Applicants seeking vacation/modification/alteration of the order dated 29.01.2025 passed by the learned Coordinate Bench of this Court in the accompanying writ petition. 3. It is relevant to take note of that at paragraph No.13 of the order dated 29.01.2025, the learned Coordinate Bench of this Court had directed that the Respondent Nos. 7 and 8 to ensure that the necessary measures are taken to facilitate uninterrupted progress of the construction works at the project site of the cement plant under reference till the returnable date. The said interim order thereupon has been extended from time to time. 4. This Court enquired with Ms. G. Goswami, the learned counsel for the Petitioner in the accompanying writ petition as to whether any environmental clearance has been taken to carry out any constructions. The learned counsel for the Petitioner submitted with all fairness that as on date, there is no environmental clearance for carrying out any construction. She Page No.# 5/5 further submitted that the accompanying writ petition was filed taking into account the obstructions being caused by various sections of the people while carrying out the demarcation. The learned counsel for the Petitioner submitted that as the land in question is a huge plot of land, the process of demarcation of the land is yet to be completed. 5. Taking into account the above, this Court therefore disposes of the instant application thereby modifying the interim order dated 29.01.2025 passed in the accompanying writ petition with an observation that the Respondent Nos. 7 and 8 shall take necessary measures so that the demarcation process which have been initiated can be carried out without any disturbance. 6. The interim order dated 29.01.2025 therefore stands modified as above. JUDGE Comparing Assistant