The Gauhati High Court issued notice on a Public Interest Litigation (PIL) filed questioning the decision of the Pollution Control Board, Assam, in granting consent to the Private limited company to set up a ‘Red category’ industry (Calcined Petroleum Coke (CPC)) at Amingaon, Guwahati.
K. N. Choudhury, senior counsel representing the petitioner drew the court’s attention to the Notification dated 17.02.2018 issued by the Pollution Control Board, Assam, indicating that it has been decided not to allow any further expansion of the existing CPC Units as well as setting up of new CPC industry within the State of Assam. However, the existing CPC industries have been allowed to run their industries with all pollution control devices which are to meet the standards as stipulated by the Pollution Control Board, Assam.
Attention of the court is also drawn to the communication dated 27.01.2022 , issued by the Pollution Control Board, Assam, whereby a similar application submitted by one LLP, Guwahati, seeking approval to set up a new CPC industry was rejected.
It was further submitted by K. N. Choudhury, that the respondent no. 4 (Private limited company) applied for setting up such a CPC unit in the year 2012 and consent was granted vide letter dated 10.12.2012 , which was valid for a period of one year only as per Clause 17 of the letter dated 10.12.2012.
The petitioner has alleged that after receiving consent for setting up the CPC industry in the year 2012, no further action was taken by the respondent no. 4 in pursuance of this consent letter and, thus, according to the petitioner the validity of the consent letter expired after one year. The respondent no. 4 thereafter filed a fresh application dated 24.03.2021 for grant of consent to establish a CPC unit at Amingaon, Guwahati.
The said application has been treated by the Pollution Control Board, Assam, as a prayer for extension of the consent given to the respondent no. 4 in the year 2012 and, vide letter dated 31.12.2022 consent has been granted by the Pollution Control Board, Assam, to the respondent no. 4 set up a new CPC unit at Amingaon, Guwahati, which is under challenge in the PIL.
The Division Bench of Chief Justice Sandeep Mehta and Justice Suman Shyam opined that the matter requires further consideration, because the Pollution Control Board, once having taken a decision not to allow establishment of “Red category” industry in Assam from 17.02.2018, cannot be allowed to change its stance at this stage.
The Court issued notice to the respondents and posted the matter on 25.05.2023 for further hearing.