Page No.# 1/12 GAHC010112972025 2026:GAU-AS:10470 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2854/2025 BHASKAR SHARMA S/O LATE GOLOK SHARMA, R/O VILLAGE CHAKARIGAON, P.O. DIMORUGURI, P.S. NAGAON, SADAR, DISTRICT- NAGAON, ASSAM-782001 VERSUS THE UNION OF INDIA AND 17 ORS. REPRESENTED BY GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (MOEF), INDIRA PARIYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI-110003. 2:THE STATE OF ASSAM REP. BY THE SPECIAL CHIEF SECRETARY TO GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 3:THE PRINCIPAL SECRETARY TO THE STATE OF ASSAM DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GUWAHATI-781006 4:THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF GEOLOGY AND MINING DISPUR GUWAHATI ASSAM 5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FORESTS FORCE H-BLOCK 2ND FLOOR JANATA BHAWAN DISPUR Page No.# 2/12 GUWAHATI-781006 6:THE SPECIAL COMMISSIONER AND SPL SECRETARY TO THE GOVT OF ASSAM PUBLIC WORKS (B AND NH) DEPTT. PUBLIC WORKS BUILDING AND NH DEPT. BLOCK-B GROUND FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI-781006 7:THE SECRETARY PWD KAAC (KARBI ANGLONG AUTONOMOUS COUNCIL) DIPHU ASSAM 782460 8:THE DIRECTOR OF GEOLOGY AND MINING GOVT OF ASSAM DAKHINGAON KAHILIPARA GUWAHATI ASSAM 781019 9:THE STATE ENVIRONMENT ASSESSMENT AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI-21 10:THE POLLUTION CONTROL BOARD REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI-21 11:THE KARBI ANGLONG AUTONOMOUS COUNCIL (KAAC) REPRESENTED BY THE PRINCIPAL SECRETARY KAAC DIPHU ASSAM 12:THE CHIEF EXECUTIVE OFFICER THE KARBI ANGLONG AUTONOMOUS COUNCIL (KAAC) KARBI ANGLONG DIPHU ASSAM Page No.# 3/12 13:THE ADDL PRINCIPAL CHIEF CONSERVATOR OF FOREST KARBI ANGLONG AUTONOMOUS COUNCIL (KAAC) KARBI ANGLONG DIPHU ASSAM 14:THE DIVISIONAL FOREST OFFICER KARBI ANGLONG EAST DIVISION DIPHU ASSAM 15:THE SECRETARY DEPARTMENT OF ENVIRONMENT AND FOREST KAAC DIPHU ASSAM 16:THE DISTRICT COMMISSIONER KARBI ANGLONG EAST DIPHU KARBI ANGLONG ASSAM. 17:THE ADDL CHIEF ENGINEER PWD (R AND B) HILLS ASSAM DIPHU ASSAM. 18:THE EXECUTIVE ENGINEER PWD KOHORA ROAD DIVISION DOLAMARA KARBI-ANGLONG ASSAM-78561 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. K. Singha, Advocate For the Respondent(s) : Mr. J. Chutia, Sr. Advocate Mr. S.R. Baruah, Govt. Advocate Mr. D. Gogoi, Standing Counsel Mr. S. Baruah, Standing Counsel Ms. S. Kemprai, Advocate Page No.# 4/12 · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 23.07.2026 · Whether the pronouncement is of the Operative Part of the Judgment : No · Whether the full Judgment has been Pronounced : Yes JUDGMENT AND ORDER (ORAL) Heard Mr. K. Singha, the learned counsel appearing on behalf of the Petitioner. Mr. S.R. Baruah, the learned Government Advocate appears on behalf of the Respondent Nos. 2, 8 and 16; Mr. D. Gogoi, learned Standing Counsel appears on behalf of Respondent Nos. 3, 4 and 5; Mr. J. Chutia, the learned Senior Counsel as well as the Standing Counsel for the Karbi Anglong Autonomous Council (KAAC), assisted by Ms. S. Kemprai, the learned counsel appears on behalf of the Respondent Nos. 7, 11, 12, 13, 14, 15, 17 and 18; and Mr. S. Baruah, the learned Standing Counsel appears on behalf of the Respondent Nos. 9 and 10. 2. None appears on behalf of the Union of India and the PWD Department of the Government of Assam on call. 3. The Petitioner herein is aggrieved by the letter dated 13.02.2025 whereby the mining permit granted in favour of the Executive Engineer, PWD, Kohora Road Division, Dolamara, was cancelled. Page No.# 5/12 4. The brief facts leading to the filing of the present writ petition are that the Divisional Forest Officer, Karbi Anglong East Division, Diphu, i.e. the Respondent No. 14, issued a mining permit in favour of the Executive Engineer, PWD, Kohora Road Division, on 29.12.2021 for extraction of sand gravel to the extent of 1,28,760 cubic metres and stone materials to the extent of 4,00,933 cubic metres from Pranpri Anglong PP Land. The mining permit specifically stipulated that royalty was payable in respect of the allotted quantities of stone materials and sand gravel. Further to that, the Environment Impact Assessment from the Environment Impact Assessment Authority and the mining plan has to be approved. 5. The records further reveal that the PWD Department under the Karbi Anglong Autonomous Council, instead of carrying out the mining itself, initiated a tender process for extraction of the minor minerals by issuing a Notice Inviting Expression of Interest dated 08.04.2022. A perusal of the said Notice Inviting Expression of Interest, which forms a part of the writ petition, shows that the PWD, under the authority of the Karbi Anglong Autonomous Council, instead of purchasing raw materials from outside, proposed to directly procure forest materials such as stone, metal, sand and sand gravel from the competent authority. Accordingly, it Page No.# 6/12 invited bids for engaging a third party having the necessary infrastructure and experience in handling and mining minerals and in producing ready-to-use product of stone materials. 6. Pursuant to the said Notice Inviting Expression of Interest, the Petitioner was selected and an agreement was entered into on 29.04.2022 for a period of twenty-four months from the date of commencement of the agreement and the quantity so mentioned in the agreement was 1,60,373 cum of stone, i.e. 80,186.50 cum per year, and 51,504 cum of sand gravel, i.e. 25,752 cum per year. 7. The records further reveal that though the agreement mentioned that the period of extraction would be for a period of two years, the Notice to Proceed with the work enclosed to the writ petition issued on the same date mentioned the period to be three years. It may not be out of place to mention that the Respondents have also enclosed the Notice to Proceed with the work wherein it is seen that the period was only for two years. 8. The records further reveal that the mining plan was approved by the Director of Geology and Mining, Assam, for a period of two years, which expired in the year 2023. 9. It is also seen that subsequent thereto, an application was Page No.# 7/12 submitted for granting extension of the Environmental Clearance, and such extension was granted on 02.01.2025 for a period of one year. Consequently, the same stood expired on 01.01.2026 during the pendency of the present writ petition. 10. Be that as it may, it is seen that on 13.02.2025, the Secretary, Department of Environment and Forests, Karbi Anglong Autonomous Council, cancelled the mining permit granted in favour of the Executive Engineer, PWD, Kohora Road Division, due to pending CTO and CTE, Earnest Money deposit, security money deposit and non-clearance of the kist payment amount. Being aggrieved, the Petitioner has approached this Court. 11. The records reveal that the learned Coordinate Bench of this Court issued notice on 28.05.2025. 12. The Respondent No. 14 filed an affidavit-in-opposition on 07.11.2025, and thereupon the Petitioner filed an additional affidavit on 22.05.2026. 13. The additional affidavit filed by the Petitioner has relevance inasmuch as the Respondent No. 14 had written a letter dated 06.01.2026 to the Respondent No. 15, i.e. the Secretary, Department of Environment and Forests, Karbi Anglong Page No.# 8/12 Autonomous Council, who had issued the impugned communication dated 13.02.2025. Vide the said communication, the Respondent No. 14 informed the Respondent No. 15 that in view of a decision taken by the higher authority of the Karbi Anglong Autonomous Council, the Petitioner may be allowed to open the stone quarries and stone crushers in Karbi Anglong East Division, Diphu. 14. It may not be out of place to mention that the said communication do not mention or even refer that the mining permit was only granted in favour of the Respondent No. 18, i.e., the Executive Engineer, PWD, Kohora Road Division, or even do not endorse a copy of the said letter to the Respondent No. 18. 15. This Court further finds it relevant to mention that on 09.01.2026, the Respondent No. 15 had written a letter to the Respondent No. 14, thereby granting approval for issuance of a No Objection Certificate for opening of the stone quarries and stone crushers in various ranges, including in favour of the Petitioner. It was further mentioned in the said communication that the operations of the stone quarries and stone crushers would be allowed only after obtaining all mandatory statutory clearances. Page No.# 9/12 16. It is further relevant to mention that there is no mention or any reference in the said communication dated 09.01.2026 that the mining permit was actually issued in favour of the Respondent No. 18, or a copy of the said order was forwarded to the Respondent No. 18. 17. It is further seen that on 16.02.2026, the Respondent No. 18 had written a letter to the Respondent No. 14 that it had no objection to allow extraction of forest materials from the mining area by the Petitioner. 18. In the backdrop of the above, this Court heard the learned counsel for the parties. 19. Mr. K. Singha, the learned counsel for the Petitioner submitted that though the mining permit was earlier cancelled, the Respondent No. 15 has now permitted the Petitioner to carry out mining operations and that the Petitioner is willing to carry out the mining operations after procuring the necessary clearances which are required. 20. Mr. J. Chutia, the learned Senior Counsel appearing for the Karbi Anglong Autonomous Council submitted that if the Petitioner wants to carry out the extraction, the same can be done only after Page No.# 10/12 obtaining all the necessary permissions. The learned Senior Counsel further submitted that the Environmental Clearance expired on 01.01.2026. 21. Mr. D. Gogoi, the learned Standing Counsel for the Forest Department, Government of Assam submitted that if the Petitioner wants to carry out the extraction, the same has to be done within the purview of the Assam Minor Minerals Concession Rules, 2013, i.e., after obtaining all the necessary permissions as required under law. 22. This Court has heard the learned counsels appearing on behalf of the parties and perused the materials available on record. 23. From the records, it is seen that no mining permit was issued in favour of the Petitioner. The mining permit was issued in favour of the Respondent No. 18 for the period 2021-22 to 2025-26. The Petitioner claims a right to carry out the extraction on the basis of the Notice to Proceed with the work dated 29.04.2022, which was valid for a period of two years, i.e. from 29.04.2022 to 28.04.2024. 24. The learned counsel for the Petitioner though submitted that the period was extended, as would be apparent from Annexure-5 to the writ petition, however, no order granting such extension has Page No.# 11/12 been placed before this Court. 25. This Court now finds it pertinent to take note of that the mining permit was issued in favour of the Respondent No. 18 was cancelled by the Respondent No. 15 on 13.02.2025. The said cancellation has not yet been revoked. It surprises this Court to take note of the communications dated 06.01.2026 and 09.01.2026 issued by the Respondent Nos. 14 and 15 respectively, whereby permission was granted to the Petitioner to carry out mining extraction without any reference to the mining permit which was issued to the Respondent No. 18, which stood cancelled vide the order dated 13.02.2025 and yet to be revoked. 26. This Court also finds it relevant to take note of that the communications dated 06.01.2026 and 09.01.2026 shows that the Petitioner herein was granted by the Karbi Anglong Autonomous Council, more particularly, by the Respondent Nos. 14 and 15, on the directions of the higher authorities of the Karbi Anglong Autonomous Council, to carry out the extraction. The Petitioner does not have an independent right. The right of the Petitioner flows from the Respondent No. 18, who is the mining permit holder. Therefore, without issuance of a tender, such action to permit the Petitioner to carry out extraction would be in conflict Page No.# 12/12 with the provisions of Chapter VI of the Assam Minor Minerals Concession Rules, 2013. 27. In the backdrop of the above, let this Court now consider the challenge made to the communication dated 13.02.2025. The impugned communication cancels the mining permit issued in favour of the Respondent No. 18. Neither the Respondent No. 18 nor the PWD Department have challenged the said cancellation. Further to that, the Petitioner has also failed to show by way of an order that the period of the contract which was awarded in favour of the Petitioner was extended. 28. Consequently, as the Respondent No. 18 has not approached this Court by filing the present writ petition, the Petitioner independently does not have a locus standi to approach this Court by filing the present writ petition, for which, the present writ petition cannot be entertained. 29. Accordingly, the writ petition stands dismissed. JUDGE Comparing Assistant Digitally signed by Satyam Sharma Date: 2026.07.29 23:10:16 +05'30'