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2025 DAILYLAW 6161 (GAU)

THE STATE OF ASSAM AND 4 ORS. v. NAZIB UDDIN LASKAR AND 2 ORS.

Review.Pet./27/2023 · 2025-03-24

Soumitra Saikia

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010011732023 2025:GAU-AS:3393-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./27/2023 1.THE STATE OF ASSAM AND 4 ORS. REP. BY THE SECY. TO THE GOVT. OF ASSAM, FOREST and ENVIRONMENT DEPTT., DISPUR, GHY.-781006. 2: THE PRINCIPAL CHIEF CONSERVATOR FORESTS and HEAD OF FOREST FORCE ASSAM REHABARI GHY. 3: THE ADDL. PRINCIPAL CHIEF CONSERVATOR FORESTS (T) LOWER ASSAM ZONE, KACHARIGHAT GHY.-01. 4: THE CHIEF CONSERVATOR OF FORESTS SOUTHERN ASSAM CIRCLE SILCHAR CACHAR. 5: THE DIVISIONAL FOREST OFFICER CACHAR DIVN. SILCHAR VERSUS 1.NAZIB UDDIN LASKAR AND 2 ORS. S/O. LT. SALMAN ALI, VILL. FRENCHNAGAR, P.O. LAILAPUR, P.S. DHALAI, DIST. CACHAR, ASSAM. 2:THE DIRECTOR MINING AND GEOLOGICAL DEPTT. KAHILIPARA GHY.-19. 3:THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY BAMUNIMAIDAM GHY.-21 REP. BY ITS MEMBER SECY Page No.# 2/3 For the Review Petitioner(s) : Mr. D. Gogoi, Advocate. For the Respondent(s) : ………………………………….. – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SOUMITRA SAIKIA 25.03.2025 (Vijay Bishnoi, CJ) Mr. D. Gogoi, learned counsel appearing for the review petitioners has submitted that notice of the review petition has already been served upon the respondent Nos.1, 2 and 3. He has also submitted that the proof regarding service of notice upon the respondent No.3 is already placed on record. In such circumstances, we are of the view that notice of the review petition has already been served upon the contesting respondents. This review petition is filed by the review petitioners seeking review of the order dated 18.02.2022 passed by this Court in PIL No.130/2015 which was closed taking into consideration the statement made by the learned Standing Counsel, Forest Department that a policy decision has been taken not to give mining lease at Unit-I (Channighat), for the present. Learned counsel for the review petitioners has submitted that, as a matter of fact, no such policy was there and the statement was given by the learned Standing Counsel, Forest Department on account of some misinformation. Be that as it may, we do not find this reason enough to review the order dated 18.02.2022 passed by this Court in PIL No.130/2015. Page No.# 3/3 Hence, this review petition is dismissed. JUDGE CHIEF JUSTICE Comparing Assistant