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GAHC010264402019




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

                                       Case No. : WA 6/2020

            1:M/S T. G. ENTERPRISE,
            REP. BY ITS DIRECTOR P. TOHEVI AWOMI, AIKO BUILDING 5TH FLOOR,
            OPPOSITE- TOWN HALL, BANK COLONY, DIMAPUR, NAGALAND.

                              VERSUS

            1:NEW SOCUNOMA VILLAGE AND 6 ORS.
            REP. BY SHRI SALEW SEYIE, CHAIRMAN, NEW SOCUNOMA VILLAGE
            COUNCIL, P.O. MEDZIPHEMA, DIMAPUR, NAGALAND.

            2:THE STATE OF NAGALAND REP. THROUGH THE CHIEF SECRETARY TO
            THE GOVT. OF NAGALAND KOHIMA.

            3:THE PRINCIPAL SECRETARY DEPARTMENT OF ENVIRONMENT
            FORESTS AND CLIMATE CHANGE NAGALAND KOHIMA.

            4:THE DEPUTY COMMISSIONER
            DIMAPUR NAGALAND.

            5:THE ADDITIONAL DEPUTY COMMISSIONER
            MEDZIPHEMA DIMAPUR NAGALAND.

            6:THE NAGALAND POLLUTION CONTROL BOARD
            REP. BY ITS MEMBER SECRETARY SIGNAL POINT DIMAPUR NAGALAND.

            7:SHRI MHIESISATO VUPRU
            NEW SOCUNOMA VILLAGE P.O. MEDZIPHEMA DIMAPUR NAGALAND

Advocate for the Petitioner    : MR SISHIR DUTTA

Advocate for the Respondent : GA, NAGALAND

                                 -BEFORE-
                     HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA
                       HON'BLE MR. JUSTICE SOUMITRA SAIKIA
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                                             ORDER

Date : 09-01-2020 (Ajai Lamba, C.J.) M/s T.G. Enterprise has preferred this writ appeal challenging judgment dated 27.09.2019 rendered in WP(C) No.43/2019 (New Socunoma Village -Vs- State of Nagaland & Ors.).

2. Gist of the issue appears to be that the writ appellant wanted to set up a Stone Crusher Unit. The appellant was given to understand that consent from New Socunoma Village Council is required. The said consent was given by Head Gaon Burah. Subsequently, even the Nagaland Pollution Control Board gave consent to set up the Stone Crusher Unit. New Socunoma Village through Chairman of the Council preferred the writ petition pleading therein that Village Council is duly constituted under Section 3 of the Village Council Act, 1978. Only the Chairman can give consent, and not Head Gaon Burah.

3. Accepting the contention, the Writ Court allowed the writ petition and the concerned orders/inspection report were quashed.

4. Contention of learned counsel for the appellant is that the relevant provisions of Water (Prevention & Control of Pollution) Act, 1974 and other related laws do not inhere any such consent from the Council. In this regard, learned counsel has referred to the documents required to be enclosed at the time of applying for consent before the Board.

In the alternative, learned counsel has argued that Head Gaon Burah would be the authorised person to grant approval. The Chairman is indulging in arm twisting measures.

5. We hereby specifically call upon the Nagaland Pollution Control Board to file its reply as to whether consent of the Council, in such cases, is required or not.

6. We hereby direct the State of Nagaland to file reply as to who would be the competent authority on behalf of the Council to grant consent, in case such a consent is required.

7. We have taken notice of the fact that although caveat has been filed, however, despite best efforts, the caveator could not be contacted. The counsel could not be contacted on the mobile number given.

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8. In such circumstances, we deem it appropriate to direct the appellant to serve all the respondents through ordinary process and dasti process also.

9. List on 3rd February, 2020.

10. Issue of stay would be considered on the next date of listing.

             JUDGE                                     CHIEF JUSTICE




Comparing Assistant