Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 14 September 2026
Case Overview
- Petitioner: M/S Rock Valley, a registered partnership firm, represented by Sourav Patwa and Sultan Ahmed.
- Respondents: Union of India and seven others including Ministry of Forest, Environment and Climate Change, State of Assam, Principal Chief Conservator Forest, Chief Conservator Forest Southern Assam Circle, District Commissioner Cachar, Permit Committee, Divisional Forest Officer Karimganj, Pollution Control Board Assam.
- Nature of proceeding: Writ petition under Article 226 challenging the order dated 28‑10‑2022 of the Deputy Commissioner, Cachar, which declared the petitioner’s stone crusher unit to be situated within the prohibited Eco‑Sensitive Zone (ESZ) of Borail Wildlife Sanctuary.
- Key allegations: Petition sought relief from the declaration that its stone crusher operated illegally in the ESZ without a valid licence.
- Evidence: Affidavit‑in‑opposition filed by Respondent No.5 (District Commissioner, Cachar) on 13‑08‑2025 admitted that the stone crusher (formerly M/s Jaichand Lal Singhi) was operating illegally within the ESZ, contravening the Ministry of Environment, Forest & Climate Change notification dated 25‑04‑2022 which prohibits all new and existing mining, stone quarrying and crushing units in ESZs.
- No rebuttal: The petitioner filed no rejoinder or evidence to dispute the affidavit.
Court Findings
- The court accepted the affidavit’s admissions as unchallenged.
- Concluded that the stone crusher unit is indeed functioning illegally within the prohibited ESZ of Borail Wildlife Sanctuary.
- Determined that the writ petition lacks merit.
Final Outcome
- The writ petition is dismissed.
- No order as to costs.
Topics: Environmental Law, Mining Regulation