Gauhati High Court issues notice to state government for allowing to set up 'Red Category' industry at Amingaon

The Gauhati High Court has served notice on the Assam Government and the State Pollution Control Board in response to a PIL challenging the latter's decision to grant clearance to M/s M M Carbon Products Pvt. Ltd. to establish a 'Red Category' Industry (Calcined Petroleum Cake) in Amingaon, Guwahati. 

The division bench of Chief Justice Sandeep Mehta and Justice Suman Shyam further instructed that the status quo in the sector in issue be preserved. 

Senior Advocate K. N. Choudhury, appearing on behalf of the petitioner, stated that the Pollution Control Board of Assam, in a notification dated February 17, 2018, decided not to allow any further expansion of existing Calcined Petroleum Cake (CPC) Units or the establishment of new CPC industries within the state of Assam.
 
"However, existing CPC industries have been allowed to operate with all pollution control devices that must meet the standards set by the Pollution Control Board of Assam," Choudhury stated. 

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Choudhury further drew the court's notice to a letter dated January 27, 2022, issued by the Assam Pollution Control Board, in which a similar application made by M/s Shyam Carbon LLP, Guwahati, seeking clearance to establish a new CPC industry was denied. It was also said that M M Carbon Products applied for the establishment of the CPC unit in 2012, and permission was given for a one-year period only. 

"The petitioner has alleged that after receiving consent for setting up the CPC industry in the year 2012, no further action was taken by 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. Respondent no. 4 after that filed a new 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 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 noted in the order. 

The bench stated that the petition needs further scrutiny since the Pollution Control Board, "once having decided 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."

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