WA/12/2023 of DHIREN SARMA AND 9 ORS. Vs THE STATE OF ASSAM AND 7 ORS. on 5 August 2026

GAHC010108452026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/53/2025 BIJOY BARLA AND 4 ORS ASSISTANT EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM BY LANE NO. 2 NABAPUR MAZGAON TEZPUR SONITPUR PIN-784001 DIST. SONITPUR ASSAM 2: GAUTAM NANDI ASSISTANT EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSAM 3: JAYANTA KUMAR DUTTA ASSISTANT EXECUTIVE ENGINEER

POLLUTION CONTROL BOARD ASSAM REGIONAL LABORATORY CUM OFFICE MELACHOKOR SIVASAGAR ASSAM 78640 4: UJJAL KUMAR SARMA ASSISTANT EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSAM 5: NAGEN CHANDRA BORO ASSISTANT EXECUTIVE ENGINEER HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M

Page No.# 2/10 ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE PRINCIPAL SEC. TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPTT. DISPUR-781006 ASSAM. 2:THE SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPTT. DISPUR GUWAHATI-6 3:THE POLLUTION CONTROL BOARD REP. BY ITS CHAIRMAN BAMUNIMAIDAM GUWAHATI-781021 4:THE CHAIRMAN POLLUTION CONTROL BOARD BAMUNIMAIDAM GUWAHATI-781021 5:THE MEMBER SECRETARY POLLUTION CONTROL BOARD BAMUNIMAIDAM GUWAHATI-781021 6:THE ASSISTANT PUBLIC INFORMATION OFFICER AND EXECUTIVE ENGINEER POLLUTION CONTROL BOARD HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 7:JAGAT DEKA S/O LT. HARICHARAN DEKA R/O VILL. BELSOR P.O. BELSOR P.S BELSOR CHUPA PATOWARY PARA DIST. NALBARI PIN-781304 WWORKING AS ASSISTANT EXECUTIVE ENGINEER

POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSAM 8:DIPRAJ ARDAO ASSISTANT EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M

Page No.# 3/10 ASSAM ------------ Advocate for : MR. S K DAS Advocate for : MR. P N GOSWAMI (R-1

2) appearing for THE STATE OF ASSAM AND 7 ORS Link Case I.A.(Civil)/1811/2026 BIJOY BARLA, ASSISTANT EXECUTIVE ENGINEER,POLLUTION CONTROL BOARD,ASSAM, BYLANE NO.2, NABAPUR, MAZGAON, TEZPUR,SONITPUR, PINCODE 784001,DISTRICT SONITPUR, ASSAM. 2: GAUTAM NANDI ASSISTANTEXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI PINCODE 781021 DIST KAMRUP 3: JAYANTA KUMAR DUTTA ASSISTANT EXECUTIVEENGINEER POLLUTIONCONTROL BOARD ASSA REGIONAL LABORATORY-CUMOFFICE MELACHOKOR SIVSAGAR PIN CODE 785640 DISTRICT- SIVSAGAR ASSAM. 4: UJJAL KUMAR SHARMA ASSISTANT EXECUTIVEENGINEER POLLUTIONCONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI PIN 781021

DIST KAMRUPM ASSAM 5: NAGEN CHANDRA BORO ASSISTANT EXECUTIVEENGINEER HEAD OFFICE BAMUNIMAIDAM GUWAHATI PIN 781021 DIST KAMRUPM ASS VERSUS THE STATE OF ASSAM, REPRESENTED BY THEPRINCIPAL SECRETARY TO THEGOVT. OF ASSAM,ENVIRONMENT AND FOREST DEPARTMENT, DISPUR GUWAHATI-781006, ASSAM. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FORESTSDEPARTMENT DISPUR GUWAHATI-781006 ASSAM. 3:THE POLLUTION CONTROL BOARD REPRESENTED BY ITSCHAIRMAN BAMUNIMAIDAM GUWAHATI-781021. 4:THE CHAIRMAN POLLUTIONCONTROL BOARD BAMUNIMAIDAM GUWAHATI781021. 5:THE MEMBER SECRETARY POLLUTION CONTROL BOARD BAMUNIMAIDAM GUWAHATI781021. 6:THE ASSISTANT PUBLIC INFORMATION OFFICER AND EXECUTIVE ENGINEER

POLLUTION CONTROL BOARD ASSAM HEAD OFFICEBAMUNIMAIDAM GUWAHATI781021. 7:JAGAT DEKA SON OFHARICHARAN DEKA RESIDENTOF VILLAGE BELSOR P.S -BELSOR CHUPA -PATOWARIPARA. DIST. NALBARI ASSA.PRESENTLY WORKING ASASSISTANT ENGINEER REGIONAL OFFICE POLLUTION CONTROL BOARD ASSAM BAMUNIMAIDAM GUWAHATI PIN 781021 DIST KAMRUPM 8:SRI DIPRAJ ARDAO ASSISTANT EXECUTIVEENGINEER POLLUTIONCONTROL BOARD ASSAM HEAD OFFICEBAMUNIMAIDAM GUWAHATI -781021 KAMRUPM ASSAM Advocate for the Petitioner : MR. S K DAS, MR A I TALUKDAR,MR. K N CHOUDHURY Advocate for the Respondent : SC, FOREST, SC, PCB,MR. R DE(R7) Linked Case : WA/12/2023 DHIREN SARMA AND 9 ORS. ASSISTANT EXECUTIVE ENGINEER REGIONAL LABORATORY CUM OFFICE POLLUTION CONTROL BOARD ASSAM RATNAWALI HEIGHT

1ST FLOOR OPP. BIRJHORA H.S. SCHOOL BONGAIGAON PIN-783380 DIST. BONGAIGAON ASSAM 2: JAYANTA KULADHIPAT NATH ASSISTANT EXECUTIVE ENGINEER REGIONAL OFFICE POLLUTION CONTROL BOARD ASSAM COLLEGE TINIALI NEAR CIRCUIT HOUSE PIN-785621 DIST. GOLAGHAT ASSAM 3: BENUDHAR TALUKDAR ASSISTANT EXECUTIVE ENGINEER REGIONAL LABORATORY CUM OFFICE POLLUTION CONTROL BOARD ASSAM RATNAWALI HEIGHT 1ST FLOOR OPP. BIRJHORA H.S. SCHOOL BONGAIGAON PIN-783380 DIST. BONGAIGAON ASSAM 4: PATHAK CHANDRA BORO ASSISTANT EXECUTIVE ENGINEER REGIONAL OFFICE GUWAHATI 1 POLLUTION CONTROL BOARD ASSAM BAMUNIMAIDAM NEAR GOVT. PRESS GUWAHATI PIN-781021 DIST. KAMRUP M ASSAM 5: ARABINDA DAS ASSISTANT EXECUTIVE ENGINEER REGIONAL LABORATORY CUM OFFICE POLLUTION CONTROL BOARD ASSAM PARK ROAD SILCHAR DEVELOPMENT AUTHORITY BUILDING SILCHAR PIN-788002 DIST. CACHAR 6: BIJOY BARLA ASSISTANT EXECUTIVE ENGINEER

POLLUTION CONTROL BOARD ASSAM BY LANE NO. 2 NABAPUR MAZGAON TEZPUR SONITPUR PIN-784001 DIST. SONITPUR ASSAM 7: GAUTAM NANDI ASSISTANT EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSAM 8: JAYANTA KUMAR DUTTA ASSISTANT EXECUTIVE ENGINEER REGIONAL OFFICE POLLUTION CONTROL BOARD ASSAM BAIRAGIMATH DIBRUGARH PIN-786001 DIST. DIBRUGARH ASSAM 9: UJJAL KUMAR SARMA ASSISTANT EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSAM 10: NAGEN CHANDRA BORO ASSISTANT EXECUTIVE ENGINEER HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS. REP. BY THE PRINCIPAL SEC. TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPTT. DISPUR-781006 2:THE SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPTT. DISPUR GUWAHATI-6 3:THE POLLUTION CONTROL BOARD REP. BY ITS CHAIRMAN BAMUNIMAIDAM GUWAHATI-781021 4:THE CHAIRMAN POLLUTION CONTROL BOARD BAMUNIMAIDAM GUWAHATI-781021

5:THE MEMBER SECRETARY POLLUTION CONTROL BOARD BAMUNIMAIDAM GUWAHATI-781021 6:THE ASSISTANT PUBLIC INFORMATION OFFICER AND EXECUTIVE ENGINEER POLLUTION CONTROL BOARD HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 7:JAGAT DEKA S/O LT. HARICHARAN DEKA R/O VILL. BELSOR P.O. BELSOR P.S BELSOR CHUPA PATOWARY PARA DIST. NALBARI PRESENTLY WORKING AS ASSTT. ENGINEER REGIONAL OFFICE POLLUTION CONTROL BOARD ASSAM BAMUNIMAIDAM GUWAHATI 781021 DIST KAMRUP M ASSAM 8:DIPRAJ ARDAO ASSISTANT EXECUTIVE ENGINEER POLLUTION CONTROL BOARD ASSAM HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 DIST. KAMRUP M ASSAM ------------ Advocate for : MR. S K DAS Advocate for : SC FOREST appearing for THE STATE OF ASSAM AND 7 ORS.

BEFORE

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

ORDER

06.08.2026 (K.R. Surana, J)

Heard Mr. SK Das, learned counsel for the appellants/ applicant. None appears for the respondent Nos. 1 and 2. However, Mr. S Baruah, learned standing counsel for the Pollution Control Board submits that the respondent Nos. 1 and 2 are formal parties and the Pollution Control Board is the appropriate authority in the present intra court appeal. Also heard Mr. R De, learned counsel for the respondent No. 7.

2. The learned appearing counsel are ad idem on the point that the Assam Pollution Control Board has decided to fill up the existing vacant posts of Executing Engineer from the present Assistant Executive Engineers of the Board, maintaining the seniority of the Assistant Executive Engineer as per the latest gradation list for technical service of the Board for which the case of the appellants/ applicant from serial No. 1 to 5 and the respondent No. 7 is under active consideration.

3. The learned standing counsel for the Pollution Control Board has produced the copy of written instruction dated 05.08.2026 by the Member Secretary, Assam Pollution Control Board and further stated that this development is to be brought to the notice of this Court in the present intra court appeal and the pending Interlocutory Application.

4. Accordingly, based on the said instruction, the learned counsel for the appellants, the learned standing counsel for the Pollution Control Board i.e. respondent Nos. 3 to 6 and Mr. R De, learned counsel for the respondent No. 7 jointly submit that the matter be disposed of as to enable the Pollution Control Board to take a decision as communicated to this court.

5. Accordingly, with the consent of the learned counsel, matters stand disposed of owing to the instruction dated 05.08.2026.

6. The scanned copy of the instruction is made a part of record and is marked with letter “X”.

JUDGE JUDGE Comparing Assistant