GUWAHATI, India, Oct. 2 -- Gauhati High Court issued the following order on Sept. 1:

1. We have heard Mrs. D. Ghosh, assisted by Mr. H.K. Chakma, learned Advocates for the petitioners; Mr. K.N. Choudhury, learned Senior Advocate, assisted by Mr. A. Das, for the respondent Nos.3 & 4 and Mr. S. Baruah, learned Advocate for the Pollution Control Board, Assam (respondent No.6).

2. The present petition has been filed by the concerned residents highlighting the environmental and public health hazards, which have been caused by M/s Brahmaputra Carbon Limited, a Company incorporated in the year 1996.

3. The Factory in question appears to have been set up at Dolaigaon under Bongaigaon Police Station in Bongaigaon District, Assam, which is described as purely residential area.

4. According to the petitioners, the operation of the said Company/Factory has resulted in serious environmental degradation and has adversely affected the health of people living in the vicinity. The Company/Factory reportedly discharges harmful pollutants in the surrounding environment, thereby creating air and possibly water pollution. Despite continuous and multiple complaints lodged by the local residents over a period of time, no action has been taken. It has also been submitted that on 03.02.2022, the petitioners had submitted a formal representation to the Deputy Commissioner, Bongaigaon, urging constitution of an Expert Team to investigate the functioning and environmental impact of the Company/ Factory, but no action was taken on this representation.

5. The inaction of the authorities, it is argued by the learned counsel for the petitioner, is arbitrary and in violation of the statutory obligations. So far as the evidence of harmful impact because of the running of the Company/Factory is concerned, the petitioners have drawn the attention of this Court to the news reports and some visuals displayed on public platforms regarding the suffering of the local populace because of the harmful effect of the emissions from the Company/Factory in question.

6. The petitioner laments that despite the existence of comprehensive environmental protection laws, like Environment (Protection) Act, 1986; the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, the plight of the residents nearby have not been redressed.

7. This is attributable to be a lethargic and ambivalent approach of the authorities. Such environmental hazard, it has been argued, is counter to Article 21 of the Constitution, which provides right to life which includes within it the right to a clean and healthy environment. The complaints, it has been further asserted on behalf of the petitioners, has been left unaddressed because of lack of enforcement by the authorities in reporting the matter or monitoring and regulating and thereafter taking corrective measures against any polluting Company/Factory.

8. This Court had called for an affidavit from the respondent No.6/Pollution Control Board, Assam, to respond to the afore-noted allegations.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfEQQbBcFinY1uS7%2B6%2BBYSOpUKHVKvSC8nh6JGhp%2FYo0P&caseno=PIL/19/2022&cCode=1&cino=GAHC010030412022&state_code=6&appFlag=)

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