Page No.# 1/8 vs The Union Of India And 12 Ors
2026 Latest Caselaw 934 Gua

Gauhati High Court

Page No.# 1/8 vs The Union Of India And 12 Ors on 9 February, 2026

Author: K.R. Surana

Bench: Kalyan Rai Surana

                                                                       Page No.# 1/8

GAHC010284412025




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                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : PIL/5/2026

         RAJON ALI BORBHUIYA AND ANR
         S/O- FEAJUL ALI BARBHUIYA, VILL. BARUNGA PT- I, P.O.- TIKAR
         BURUNGA, DIST. CACHAR, ASSAM.

         2: RAJU SINGHA
          S/O- RAI MOHAN SINGHA
         VILL. BURUNGA PT- II
          P.O.- TIKAR BURUNGA
          DIST. CACHAR
         ASSA

         VERSUS

         THE UNION OF INDIA AND 12 ORS
         TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
         INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
         INDIRA PARYAVARAN BHAWAN JORBAGH ROAD, NEW DELHI-110003.

         2:THE STATE OF ASSAM
         TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM
          MINISTRY OF ENVIRONMENT
          FOREST AND CLIMATE CHANGE
          DISPUR
          GUWAHATI-781006.

         3:THE DIVISIONAL FOREST OFFICER
          CACHAR
          SILCHAR
          P.O- SILCHAR
          DIST- CACHAR
         ASSAM. PIN - 788001.

         4:THE COMMISSIONER
                                            Page No.# 2/8

INDUSTRIES AND COMMERCE
ASSAM
UDYOG BHAWAN
BAMUNIMAIDAM
GUWAHATI- 21.

5:THE GENERAL MANAGER
 DISTRICT INDUSTRIES AND COMMERCE CENTRE
 CACHAR
 SONAI ROAD
 SILCHAR
 P.O.- SILCHAR
 DIST- CACHAR
ASSAM. PIN - 788001.

6:THE FUNCTIONAL MANAGER
 DISTRICT INDUSTRIES AND COMMERCE
 CACHAR
 SILCHAR
ASSAM. PIN-788001

7:THE REGIONAL EXECUTIVE ENGINEER
 POLLUTION CONTROL BOARD
 SILCHAR
 P.O- SILCHAR
 DIST- CACHAR
ASSAM
 PIN-788001.

8:THE DISTRICT COMMISSIONER
 CACHAR
 SILCHAR
 P.O- SILCHAR
 DIST- CACHAR
ASSAM. PIN-788001.

9:THE JOINT DIRECTOR OF HEALTH SERVICES
 CACHAR
 SILCHAR
 P.O.- SILCHAR
 DIST- CACHAR
ASSAM. PIN- 788001.

10:THE DISTRICT AGRICULTURAL OFFICER
 P.O- SILCHAR
 DIST- CACHAR
ASSAM. PIN-788001
                                                                           Page No.# 3/8

            11:THE MEMBER SECRETARY
             STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
            ASSAM
             BAMUNIMAIDAM
             GUWAHATI-21.

            12:THE DIRECTOR
             STAR CEMENT NORTH EAST LIMITED
             REG. OFFICE KHALIEHRIAT
             P.O.- KHALIEHRIAT
             DIST.- JANTIA HILLS
             MEGHALAYA
             PIN- 793200.

            13:THE MANAGER
             STAR CEMENT NORTH EAST LIMITED
            VILL- BURUNGA PT- II
             P.O.- TIKAR BURUNGA
             DIST. CACHAR
            ASSAM
             PIN-788001

Advocate for the Petitioner   : MR. P K DEKA, MR F A LASKAR,MR A MALEK

Advocate for the Respondent : DY.S.G.I., SC. AGRICULTURE,SC, PCB,GA, ASSAM,SC,
HEALTH,SC, FOREST




                                  BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

Date : 09.02.2026 (K.R. Surana, J)

Heard Mr. P.K. Deka, learned counsel for the petitioners and Ms. S. Sarma, learned Standing Counsel, Health Department for respondent No.9, Mr. S. Baruah, learned counsel, Pollution Control Board, Assam for respondent Nos. 7 & 11 (SEIAA), Ms. R.B. Bora, learned Junior Government Advocate for respondent Nos. 5, 6 and 8 and Mr. D. Gogoi, learned counsel for respondent Page No.# 4/8

Nos. 2 and 3.

2. Aggrieved at the setting up of an industry under the name of Star Cement Northeast Limited at Village- Burunga, Pt- II, in the district of Cachar, the petitioners have filed this PIL seeking the following reliefs:

(a) Directing the Respondent authorities to hold an Independent enquiry into the matter and on being satisfied, close down the set-

up of the Cement Factory owned by the Star Cement North East India Limited located at Burunga, in the district of Cachar;

(b) Directing the Respondent authorities to consider the petition dated 08.12.2025 submitted before the Respondent No. 8 and

(c) In the interim, it is also prayed that Your Lordships may further be pleased to direct the Respondent authorities to immediately halt the functioning of the said the Cement Factory owned by the Star Cement North East India Limited located at Burunga, in the district of Cachar, till disposal of the instant Public Interest Litigation in the interest of justice.

3. The case of the petitioners is that they are local inhabitants of the concerned village and the villagers are adversely affected due to illegal setting up of a cement factory which would be a threat to the health of the local inhabitants and would also adversely affect agriculture and the environment. It is also projected that about 5000 people are residing in this village in the vicinity Page No.# 5/8

of the cement factory and these site is close to several government establishments including railway station, hospital, markets, schools, places of worship, students' hostels and is highly densely inhabited. It is also projected that the land on which the industry has been set up was an agricultural land and ignoring the larger public interest, the cement factory was established in such land. The petitioners have questioned how the respondent Nos. 12 and 13 could have obtained permission for conversion of agricultural land for matter of setting up the cement factory.

4. The petitioners have filed successive RTI applications before various authorities on 07.03.2024, 12.09.2024, 13.02.2025 and 25.06.2025 to which various authorities had given their RTI reply. The petitioners have made a complaint before the Minister of Environment, Forest and Climate Change, New Delhi, by complaint dated 29.08.2025 against the setting up of the cement plant. Copies of the said complaints have also been submitted before the Ministry of Environment, Government of Assam, and the State Human Rights Commission.

5. The grievance of the petitioners is that the industry has been set up illegally. It is also projected that the petitioner No.1 had approached this Court earlier by filing WP(C)/6811/2025 and the learned Single Judge by order dated 08.12.2025, was of the view that the issue raised in the said petition was more in the nature of public interest litigation and accordingly, the petitioners had proposed to withdraw the petition and file the present PIL.

6. It is also projected in the PIL that the petitioners have no personal interest in the matter, and they are not guided by self-gain or gain of any person, institution, or body and there was no motive other than public interest in filing public interest litigation Page No.# 6/8

7. The learned Standing Counsel for the State Environment Impact Assessment Authority has submitted that in respect of operation of factory and/or industry in the State of Assam, which includes a cement factory, there are several environmental factors and parameters for an industry to operate. Accordingly, it is submitted that the authorities, at any point of time during the operation of the industry, would be empowered to take appropriate steps if there is any violation of the parameters and/ or conditions under which the environment clearance (EC) is issued.

8. The learned Standing Counsel, Environment Department also endorses the same view as exposed by the learned Standing Counsel for the SEISS.

9. It is observed from the documents annexed to this PIL that the petitioner No.1 has filed an application under the RTI Act to several authorities and that the State Environment Impact Assessment Authority ('SEIAA' for short) on an RTI application dated 25.06.2025, seeking for information about the environment impact assessment report, had provided a reply dated 29.07.2025, had mentioned that the Environment Impact Assessment Report is a big volume, and therefore, the petitioner was requested to download the report by tracking online proposal 'Parivesh, 2.0 portal'.

10. The learned Counsel for the petitioner made a statement in the writ petition that the petitioner had tried to access the said web-portal to download the said report, but the portal could not be traced out. On the said submission, the Court visited the website and found the Parivesh portal in the website of the SEIAA, Assam.

11. The learned Standing Counsel for the Environment Department, in the meantime, has also opened up the said portal and the Environment Impact Assessment Report could be assessed, which was shown Court and to the Page No.# 7/8

learned counsel for the petitioners.

12. There is no doubt that the Environment Impact Assessment Report in respect of the said cement factory is available in public domain in the website of the portal of SEIAA. It was expected of the petitioners to make their own assessment of the environmental damage which the area would suffer due to functioning of the industry. However, without making their own effort, the petitioners in the prayer -(a) of the PIL, has requested for holding an independent inquiry into the matter, and if satisfied, close down the cement factory.

13. In the considered opinion of the Court, as the Environment Impact Assessment report is available in the web portal, linked to the website of SEIAA, Assam, it was for the petitioners to project as to why the said environment impact assessment report should not be accepted as correct projection of the environmental aspect of the locality where the industry is set up and/ or what nature of adverse environment impact would be made if the cement factory is allowed to operate. Accordingly, it is the considered opinion of this Court to refrain from making inquiry, as the petitioners, who could have accessed the report and informed the Court about any adverse environmental impact, having elected not to do so. Had any environment damage been done, the petitioners would have annexed photograph to highlight the same, which has not been done.

14. From the statements made in paragraph- 4 and 10 of the PIL, it appears that the industry against the complaint has already been set up. The petitioners claim that the factory was illegally constructed, as such, against illegal construction, the petitioners has filed a complaint before the Assam Human Rights Commission. We refrain from examining the said complaint, which has Page No.# 8/8

been filed before a statutory authority. The authorities who had given the construction permission have not been moved to project that the construction permission was illegally granted.

15. Therefore, as there is no material in the record to arrive at a finding that the Pollution Control Board of Assam and/or the Industries and Commerce Department of the Government of Assam, including the Commissioner of Industries and Commerce, cannot take an appropriate steps if setting of the concerned industry does not comply with the conditions imposed by the Pollution Control Board.

16. There is no material in this Public interest litigation to enable the Court to assume that the setting of the cement industry has impacted the environment in any manner, or it has caused pollution which is higher than the norms prescribed by the Pollution Control Board, Assam, the Court does not find any reason to issue notice in this public interest litigation.

17. Accordingly, as no grounds have been set up by which it can be presumed that the concerned Star Cement North East India Limited factory has caused any damage to the environment due to pollution or otherwise by construction of the same, this PIL stands dismissed without causing notice on the respondents.

18. As the matter is being dismissed at the motion stage, there shall be no order as to costs.

                         JUDGE                  JUDGE



Comparing Assistant