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2026 DAILYLAW 14980 (GAU)

THE REGIONAL EXECUTIVE DIRECTOR AIRPORT AUTHORITY OF INDIA AND ANR v. BIPUL DAS AND ORS

I.A.(Civil)/3412/2026 · 2026-09-22

N Unni Krishnan Nair

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Judgment text

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Page No.# 1/5 GAHC010209912026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3412/2026 THE REGIONAL EXECUTIVE DIRECTOR AIRPORT AUTHORITY OF INDIA AND ANR NORTH EASTERN REGION LGBI AIRPORT GUWAHATI 781015 ASSAN 2: AAI CARGO LOGISTICS AND ALLIED SERVICES COMPANY LTD. (AAICLAS) REPRESENTED BY ITS GENERAL MANAGER (CARGO) NORTH EASTERN REGION LOKPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI- 781015 ASSAM VERSUS BIPUL DAS AND ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF FISHERIES, DISPUR, GUWAHATI 781006, ASSAM. 2:FARHAM MANDAL T. SANGMA S/O ABDUS SIDDIQUE MANDAL MATU COMPLEX VIP ROAD SIXMILE GUWAHATI 781022 ASSAM. 3:KAMAL JYOTI KASHYAP S/O SATYAJIT ROY JAPORIGOG GAON BURHA PATH H NO 4 GUWAHATI 5 ASSAM. Page No.# 2/5 4:ARISTONE MANBHA RYNDONGSNGI S/O ALBERT P. SHADAP 80 LEW MAWLONG NONGPOH P.O. NONGPOH DIST. RI BHOI MEGHALAYA -793102. 5:THE STATE OF ASSAM REP BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM DEPTT OF FISHERIES GOVT OF ASSAM DISPUR GUWAHATI 781006 ASSAM 6:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FISHERIES DISPUR GUWAHATI 781006 ASSAM. 7:THE DIRECTOR OF FISHERIES DIRECTORATE OF FISHERIES MEEN BHAWAN GOPINATH NAGAR GUWAHATI 781016 ASSAM. 8:THE ASSAM STATE BIODIVERSITY BOARD REPRESENTED BY THE ADDITIONAL PCCF BIODIVERSITY AND MEMBER SECRETARY ASBB ARANYA BHAWAN 2ND FLOOR PANJABARI GUWAHATI 781037 ASSAM. 9:THE OFFICER IN CHARGE AZARA POLICE STATION DISTRICT KAMRUP METROPOLITAN ASSAM Advocate for the Petitioner : MR. R DUBEY, MRS A B KAYASTHA,MR. A N I HUSSAIN,MS N B KAYASTHA Advocate for the Respondent : GA, ASSAM, MR. N UPADHAYAY,SC, FISHERY Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 23.09.2026 Heard Mr. R. Dubey, learned counsel, appearing for the applicants. Also heard Mr. U.S. Borah, learned counsel, appearing for the opposite parties respondents. 2. The present Interlocutory Application, has been instituted, praying for a modification of the directions passed by this Court vide order dated 18.09.2026 in WP(C).No.5093/2026. 3. This Court vide order dated 18.09.2026, considering the urgency expressed by the respondents , i.e., the petitioners in the connected writ petition, who were required to effect supplies of fishes to a German Firm, in terms of a supply order placed with them, had required the Regional Executive Director, Airport Authority of India, to take steps, in the manner as directed by this Court, for ascertaining as to whether the consignments of fishes, which are sought to be transported by the opposite parties/petitioners in the writ petition to Germany, included any protected species which is endangered and included in the Schedule to the Wildlife (Protection) Act, 1972. 4. The Regional Executive Director, Airport Authority of India, in Page No.# 4/5 the present Interlocutory Application has projected that, he had taken all the possible steps for constitution of a Committee to examine the fishes being transported by the petitioners. It is submitted by the learned counsel for the applicants that the petitioners in the connected writ petition had only approached the Airport Authority of India, by way of submission of a representation and had not produced the consignment of fishes before them. Further no certificate, certifying that no scheduled species is being sought to be transported, was also not brought on record. It is submitted that on account of shortage of time, as the consignment was to reach Frankfurt, Germany, by today, the matter could not be further processed. 5. On a query made by this Court to the learned counsel for the respondents, i.e., the petitioners in WP(C).No.5093/2026, as to whether they had any certificate, certifying that no scheduled species of fishes is being transported, the learned counsel for the respondents, has fairly submitted that no such certificate is available with them. 6. In view of the above position, and also considering the directions passed by this Court vide Judgment & Order dated 17.07.2026 in WP(C).No1743/2025, as well as the directions passed by this Court vide order dated 08.09.2026 in WP(C).No.4914/2026, this Court recalls the interim directions passed vide order dated 18.09.2026 in Page No.# 5/5 WP(C).No.5093/2026. 7. In view of the fact that interim directions passed vide order dated 18.09.2026 in WP(C).No.5093/2026, being recalled, the Regional Executive Director, Airport Authority of India, would now be not required to comply with the same. 8. With the above, the present interlocutory application stands disposed of. JUDGE Comparing Assistant