GUWAHATI: The Gauhati High Court issued a notice to Assam Government and State Pollution Control Board in a PIL questioning the decision of the latter in granting consent to M/s M M Carbon Products Pvt. Ltd. to set up a ‘Red Category’ Industry (Calcined Petroleum Cake) at Amingaon, Guwahati.
The division bench consisting of Chief Justice Sandeep Mehta and Justice Suman Shyam further instructed that the status quo shall be maintained in respect of the industry in question.
Senior Advocate, K. N. Choudhury appearing for the petitioner submitted that the Pollution Control Board, Assam vide notification dated February 17, 2018, decided not to allow any further expansion of the existing Calcined Petroleum Cake (CPC) Units as well as the setting up of new CPC industry within the State of Assam.
Advocate Choudhury added in his statement "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."
K.N. Choudhury brought the attention of the court to the communication dated January 27, 2022, as issued by the Pollution Control Board, Assam, whereby a similar application submitted by M/s Shyam Carbon LLP, Guwahati, seeking approval to set up a new CPC industry was rejected.
It was further submitted that M M Carbon Products applied for setting up the CPC unit in 2012 and consent was granted for one year only.
The court order stated in this regard "The petitioner has alleged that after receiving consent for setting up 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, bearing No. 474359 dated 24.03.2021 for a 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 an 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 this PIL."
The court bench observed the matter requires further consideration, because the Pollution Control Board, "once having taken a decision not to allow the establishment of “Red category” industry in Assam from 17.02.2018, cannot be allowed to change its stance at this stage.”
In response to this, the matter has been listed for further hearing on May 25.
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