Page No.# 1/4 GAHC010031512017 2026:GAU-AS:5576 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4321/2017 NARAYAN NATH S/O- LATE KHAGENDRA NR. NATH, R/O- VILL- RAGHUNANDANPUR PART- II, P.O- BOITAMARI, P.S- ABHAYAPURI, DIST- BONGAIGAON, ASSAM- 782289 VERSUS THE STATE OF ASSAM and 8 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF ENVIRONMENT AND FORESTS, DISPUR, GUWAHATI- 781006 2:THE ASSAM POLLUTION CONTROL BOARD MANI RAM DEWAN ROAD BAMUNIMAIDAM GUWAHATI- 781021 REP. BY ITS CHAIRMAN 3:THE MEMBER SECRETARY ASSAM POLLUTION CONTROL BOARD MANI RAM DEWAN ROAD BAMUNIMAIDAM GUWAHATI- 781021 4:THE REGIONAL EXECUTIVE ENGINEER REGIONAL LAB-CUM-OFFICE ASSAM POLLUTION CONTROL BOARD RATNAWALI HEIGHTS1ST FLOOR NEAR B.ED COLLEGE BONGAIGAON P.O- BONGAIGAON DIST- BONGAIGAON Page No.# 2/4 ASSAM PIN- 783380 5:THE GENERAL MANAGER DISTRICT INDUSTRIES AND COMMERCE CENTRE BONGAIGAON P.O NEW BONGAIGAON DIST- BONGAIGAON ASSAM 783381 6:THE DEPUTY COMMISSIONER BONGAIGAON 7:THE CIRCLE OFFICER BOITAMARI REVENUE CIRCLE BOITAMARI P.O- BOITAMARI DIST- BONGAIGAON ASSAM PIN- 783389 8:THE PRESIDENT BOITAMARI GAON PANCHAYAT BOITAMARI P.O- BOITAMARI DIST- BONGAIGAON ASSAM 783389 9:M/S MAA SAGARIKA ENTERPRISE PROP. SRI SANJAY KR. NATH VILL- RAGHUNANDANPUR BOITAMARI P.O- BOITAMARI DIST- BONGAIGAON ASSAM PIN- 78338 Advocate for the Petitioner : MR.S K SAHARIA, S K PODDAR,MR D C NATH,MR.M K DAS,MS.A BEGUM Advocate for the Respondent : MR. A K DUTTA (SC, FOREST DEPT.), GA, ASSAM,SC, PCB Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 23-04-2026 Heard Mr. C. Sharma, learned counsel for the petitioner. Also heard Mr. S. Baruah, learned Standing Counsel, Assam State Pollution Control Board and Mr. D. C. Nath, learned counsel appearing for the respondent No. 9. 2. The instant writ petition has been filed by the petitioner alleging that the fabrication industry established by the respondent No. 9 in the vicinity of the petitioner's residential premises is creating a noise pollution disturbing the neighborhood. 3. In the instant case, an affidavit has been filed by the Pollution Control Board wherein it has been stated that, although the concerned fabrication industry has been granted consent to establish, consent to operate has not yet been granted. In view of the aforesaid stand of the Pollution Control Board, this Court enquired whether the said fabrication industry had already applied for consent to operate or not. 4. On a specific query made by this Court, Mr. D. C. Nath, learned counsel representing the aforesaid fabrication industry/respondent No. 9, submitted that the fabrication industry has already applied for consent to operate before the Assam State Pollution Control Board vide its online application dated 18.03.2026. 5. Mr. S. Baruah, learned Standing Counsel for the Assam State Pollution Control Board, has also confirmed that respondent No. 9 has already applied for consent to operate. In view of the submission of the aforesaid application, the Page No.# 4/4 learned Standing Counsel submits that due procedure shall be followed, including inspection and thereafter, if found suitable, the necessary consent to operate will be issued to the respondent No. 9. 6. In view of the aforesaid submissions, this Court is of the considered opinion that no purpose would be served in keeping the writ petition pending. Accordingly, the same is disposed of with a direction that the necessary inspection as well as the decision on acceptance or rejection of the application of respondent No. 9, shall be completed within a period of 1 (one) month from the date of passing of this order. Needless to say that even after running of the fabrication industry after issuance of the consent to establish, the noise pollution is found to be beyond the approved parameters, the petitioner may approach the appropriate forum for redressal of grievances. 7. In view of the aforesaid direction, the instant writ petition stands disposed of. JUDGE Comparing Assistant