Page No.# 1/8 GAHC010036342025 2025:GAU-AS:5477 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1003/2025 KADOM TERANGPI C/O-DOCTOR SING KATHAR, R/O-CHARAP KATHAR, KAT TERON, KARBI ANGLONG, ASSAM, PIN-782482 VERSUS THE UNION OF INDIA REPRESENTED BY GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (MOEFF) INDIRA PARIYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI 2:NATIONAL BOARD OF WILDLIFE REP. BY THE MEMBER SECRETARY STANDING COMMITTEE OF NATIONAL BOARD OF WILDLIFE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE (MOEFF) INDIRA PARIYAVARAN BHAWAN JORBAGH ROAD NEW DELHI 3:THE STATE OF ASSAM REP. BY THE SPECIAL CHIEF SECRETARY TO GOVERNMENT OF ASSAM DISPUR GHY-781006. 4:THE PRINCIPAL SECRETARY TO THE STATE OF ASSAM DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GHY-781006. 5:THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF GEOLOGY AND MINING DISPUR GHY ASSAM. 6:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FORESTS FORCE H BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GHY-781006. 7:DIRECTOR OF GEOLOGY AND MINING GOVT OF ASSAM DAKHINGAON KAHILIPARA GUWAHATI ASSAM Page No.# 2/8 8:THE STATE ENVIRONMENT ASSESSMENT AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI-21 9:POLLUTION CONTROL BOARD. REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI-21 10:THE KARBI ANGLONG AUTONOMOUS COUNCIL (KAAC) REPRESENTED BY THE PRINCIPAL SECRETARY KAAC DIPHU ASSAM 11:THE CHIEF EXECUTIVE OFFICER THE KARBI ANGLONG AUTONOMOUS COUNCIL (KAAC) KARBI ANGLONG DIPHU 12:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST KARBI ANGLONG AUTONOMOUS COUNCIL (KAAC) KARBI ANGLONG DIPHU 13:THE DIVISIONAL FOREST OFFICER KARBI ANGLONG EAST DIVISION DIPHU 14:THE RANGE OFFICER NORTH WESTERN RANGE PARKUP PAHAR KARBI ANGLONG 15:THE SECRETARY DEPARTMENT OF ENVIRONMENT AND FOREST KAAC DIPHU 16:THE DEPUTY COMMISSIONER OF KARBI ANGLONG EAST DIPHU KARBI ANGLONG ASSAM Advocate for the Petitioner : Mr A Khandakar, MR. U S BORA,MR P J DUTTA,MR B P BORAH Page No.# 3/8 Advocate for the Respondent : DY.S.G.I., MRS. R DEVI (C.G.C.),SC, K A A C,GA, ASSAM,SC, PCB,SC, FOREST Linked Case : WP(C)/1009/2025 BRONSON TERANG S/O- SRI ASLI TERANG R/O- VILL.- MANDU BEY GAON P.O. KAT TERON P.S. RONGMONGVE DIST. KARBI ANGLONG ASSAM PIPN- 782482. VERSUS THE UNION OF INDIA AND 15 ORS. REPRESENTED BY THE SECRETARY MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE (MOEFF) INDIRA PARIYAVARAN BHAWAN JORBAGH ROAD NEW DELHI-110003. 2:NATIONAL BOARD OF WILDLIFE REPRESENTED BY THE MEMBER SECRETARY STANDING COMMITTEE 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 REPRESENTED BY THE SPECIAL CHIEF SECRETARY TO GOVERNMENT OF ASSAM DISPUR GHY- 781006. 4:THE PRINCIPAL SECRETARY TO THE STATE OF ASSAM DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GHY 781006 5:THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF GEOLOGY AND MINING DISPUR GHY ASSAM 6:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS Page No.# 4/8 AND HEAD OF FORESTS FORCE H BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GHY-781006. 7:DIRECTOR OF GEOLOGY AND MINING GOVT. OF ASSAM DAKHINGAON KAHILIPARA GUWAHATI ASSAM 8:THE STATE ENVIRONMENT IMPACT ASSESMENT AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI-21. 9:POLLUTION CONTROL BOARD REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI-21. 10:THE KARBI ANGLONG AUTONOMOUS COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY DIPHU KARBI ANGLONG. 11:THE CHIEF EXECUTIVE MEMBER KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG. 12:THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU. 13:THE DIVISIONAL FOREST OFFICER KARBI ANGLONG EAST DIVISION DIPHU. 14:THE RANGE OFFICER NORTH WESTERN RANGE PARKUP PAHAR KARBI ANGLONG. 15:THE SECRETARY Page No.# 5/8 DEPARTMENT OF ENVIRONMENT AND FOREST KAAC DIPHU. 16:THE DEPUTY COMMISSIONER OF KARBI ANGLONG EAST DIPHU KARBI ANGLONG ASSAM ------------ Advocate for : MR B P BORAH Advocate for : GA ASSAM appearing for THE UNION OF INDIA AND 15 ORS. BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 05.05.2025 Heard Mr. P. K. Goswami, learned Senior Counsel assisted by Mr. B. P. Borah, learned counsel for the petitioners as well as Mr. K. P. Pathak, learned Standing Counsel, for the Forest Department; Ms. D. D. Barman, learned Additional Senior Government Advocate, for the State Respondents; Mr. J. Chutiya, learned Standing Counsel, for the KAAC and Mr. S. Baruah, learned Standing Counsel, for the Pollution Control Board, Assam. 2. Both these writ petitions have been filed challenging the Orders dated 29.01.2025 issued by the Divisional Forest Officer, Karbi Anglong East Division, Diphu, suspending the mining operation in the stone quarries falling within the proposed Eco Sensitive Zone of Kaziranga National Park & Tiger Reserve and within default Eco Sensitive Zone of Kaziranga National Park & Tiger Reserve. It is the case of the petitioners that they were permitted to operate the mining in their respective areas after obtaining all the statutory clearance from the different departments, particularly, the Directorate of Geology and Mining, Page No.# 6/8 Environmental clearance from the Ministry of Environmental, Forest and Climate Change (Issued by the State Environment Impact Assessment Authority (SEIAA), Assam) and the Pollution Control Board of Assam. Therefore, it is the case of the petitioners that after getting all the required statutory clearance the Divisional Forest Officer, Karbi Anglong East Division, Diphu, could not have suspended the mining operation in the stone quarries in respect of the writ petitioners. 3. This Court after hearing the parties, on 03.04.2025 permitted the petitioners to file an application for review by annexing all the relevant documents in the said review application within a period of 1 (one) week from the date of issuance of the Order before the Secretary, Department of Environment and Forest, KAAC, Diphu/respondent No. 15, who in turn shall place the application to be filed by the petitioner before the CEM, KAAC forthwith. It was further directed that the CEM, KAAC, shall consider the review application filed by the petitioners after giving an opportunity of hearing and passed appropriate Orders in accordance with law within a period of 2 (two) weeks. Thereafter, the petitioners were called for hearing on 28.04.2025. 4. Today, when the matter is called up, Mr. J. Chutiya, learned Standing Counsel, KAAC, has produced a Communication dated 05.05.2025 issued by the Secretary, Department of Environment and Forest, Karbi Anglong Autonomous Council, Diphu, and the contents of the Communication dated 05.05.2025 is extracted here-in-below: Page No.# 7/8 “To, Sri Jayanta Chutiya, Standing Counsel, Karbi Anglong Autonomous Council, Diphu. Sub: Decisions of reviewed application in WP(C) No. 1009/2025 and WP(C) No. 1003/2025. Ref: Letter No. SC/KAAC/GHC-Forest/WP-1003/2025/40,dtd.21/04/2025. Letter No. KAAC/E&F/WP(C) No. 1003/2025 K.Terangpi -vs-Union of Ind./271, dtd.30/04/2025. Sir, With reference to the subject cited above, I am directed to inform you, that the authority of Karbi Anglong Autonomous council has reviewed the petition of Sri Bronson Terang and Kadom Terangpi and decided to revoke the suspension order issued by the Divisional Forest Officer, Karbi Anglong East Division, Diphu. The mining operation will be allowed after obtaining necessary statutory clearance. This is for your kind information and necessary action. Yours faithfully, Secretary, Department of Environment &. Forest Karbi Anglong Autonomous Council, Diphu” 5. Considering the Communication dated 05.05.2025, this Court is of the considered opinion that the grievance of the petitioners has been addressed by the authorities in the Karbi Anglong Autonomous Council. However, the concerned authority in the Karbi Anglong Autonomous Council is directed to Page No.# 8/8 issue the revocation of the suspension Order issued by the Divisional Forest Officer, Karbi Anglong East Division, Diphu, on 29.01.2025 within 1 (one) week from today. Thereafter, the petitioners be permitted to continue with the mining operation. 6. Both writ petitions are accordingly disposed of. 7. The Communication dated 05.05.2025 is placed on record. JUDGE Comparing Assistant