Gauhati High Court
I.A.(Civil)/1643/2026 of TASSO ALLOYS PRIVATE LIMITED AND ANR Vs THE UNION OF INDIA on 8 June 2026
GAHC010097502026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1643/2026 IN WA 92/2025 TASSO ALLOYS PRIVATE LIMITED AND ANR 347 SANTOSH ROY ROAD BARISHA SAKHERBAZAR JAMES LONG SARANI KOLKATA -700008. THROUGH ITS AUTHORISED
GAHC010097502026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1643/2026
IN
WA 92/2025
TASSO ALLOYS PRIVATE LIMITED AND ANR
347
SANTOSH ROY ROAD
BARISHA
SAKHERBAZAR
JAMES LONG SARANI
KOLKATA -700008. THROUGH ITS AUTHORISED REPRESENTATIVE MR.
AJAHAR UDDIN
AGED ABOUT 30 YEARS SON OF ABDUL MANNAN
RESIDENT OF RUPAHI TOWN
SAMAGURI
DISTRICT NAGAON
ASSAM - 782125.
2: MR AJAHAR UDDIN
AUTHORIZED REPRESENTATIVE OF APPLICANT NO. 1 AGED ABOUT 30
YEARS
SON OF ABDUL MANNAN
RESIDENT OF RUPAHI TOWN
SAMAGURI
DISTRICT NAGAON
ASSAM - 782125.
VERSUS
THE UNION OF INDIA
THROUGH THE SECRETARY
MINISTRY OF MINES
GOVERNMENT OF INDIA
SHASTRI BHAWAN
NEW DELHI - 110001.
2:INDIAN BUREAU OF MINES
THROUGH THE CONTROLLER GENERAL
2ND FLOOR
INDIRA BHAWAN
CIVIL LINES
NAGPUR
MAHARASHTRA 440001
3:REGIONAL CONTROLLER OF MINES
BHUBANESWAR GUWAHATI REGIONAL OFFICE
HOUSE NO. 216
3RD FLOOR ABOVE IDBI BANK CHANDMARI
POST-BAMUNIMAIDAN
DISTKAMRUPM
GUWAHATI ASSAM781021.
4:THE STATE OF ARUNACHAL PRADESH
THROUGH THE DIRECTOR OF MINES
DEPARTMENT OF GEOLOGY AND MINING
GOVERNMENT OF ARUNACHAL PRADESH
R K MISSION COMPOUND
ITANAGAR -791111 ARUNACHAL PRADESH.
5:MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE
THROUGH SECRETARY
INDIRA PARYAVARAN BHAWAN
JORBAGH ROAD
NEW DELHI110 003-110 003. PROPOSED RESPONDENT
6:THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
(SEIAA)
ARUNCHAL PRADESH
THROUGH THE CHAIRMAN
DEPARTMENT OF ENVIRONMENT AND FORESTS
OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
PCCF OFFICE COMPLEX
ITANAGAR
P. SECTOR
ARUNACHAL PRADESH
PIN-791111. PROPOSED RESPONDENT
------------
Advocate for : MR R SENSUA
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA
BEFORE
HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
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ORDER
09-06-2026 (Arun Dev Choudhury,J)
1. Heard Mr.P. Goswami, learned Senior counsel assisted by Mr. R. Sensua, learned counsel, for the applicants and Mr. U. Goswami, learned Dy. Solicitor General of India (Dy.SGI) for the opposite parties/respondents.
2. The present application has been filed by the applicants/appellants, seeking impleadment of the Ministry of Environment, Forest and Climate Change (MoEF&CC, in short), through its Secretary as the respondent/opposite party No. 5 as well as the State Environment Impact Assessment Authority, (SEIAA, in short) Arunachal Pradesh through its Member Secretary as the respondent/opposite party No. 6 in the connected WA No. 92/2025 and permission to carry out consequential amendments in the memo of parties.
3. The background facts of the present litigation are in a narrow compass.
4. The Mining Plan for the Bopi Graphite Deposit of the applicant No.1 was revoked on 07.01.2022, which was challenged in WP(C) No. 1850/2022. During the pendency of the said writ petition, the learned Single Judge of this Court had stayed the operation of the revocation order. Thereafter, SEIAA issued the Terms of Reference on 14.07.2022 for a detailed EIA study in respect of the project.
5. By the Judgment and Order dated 17.02.2025, the order of revocation however was upheld.
6. The applicants/appellants challenged the aforesaid judgment and order in the connected appeal and on 21.03.2025, the Co-ordinate Bench directed that no third-party rights shall be created by the State of Arunachal Pradesh in respect of the subject mineral blocks pending the appeal.
7. The Terms of Reference dated 14.07.2022, will expire on 14.07.2026.
8. Contending that since the MoEF&CC is the statutory authority charged with appraisal and grant of Environmental Clearance for the project under the EIA Notification, 2006, it is now necessary to implead the MoEF&CC and the SEIAA as the respondent/opposite party Nos. 5 & 6 respectively, in the connected appeal.
9. Mr. U. Goswami, learned Dy. SGI and Mr. A. Chandran, learned Senior Government Advocate, Arunachal Pradesh have not objected to the prayer of the applicants/appellants and they submit that both of them shall represent the newly impleaded respondent/opposite party Nos. 5 & 6 respectively.
10. Having gone through the pleadings as well as the materials available on record and taking note of the peculiar facts and circumstances of the case, we are of the opinion that aforenoted entities, are required to be impleaded as the respondent/opposite party Nos. 5 & 6 in the connected appeal for its proper adjudication.
11. The applicants shall furnish a fresh memo of parties before the Registry.
Accordingly, Registry shall do the needful.
12. With the aforesaid, this Interlocutory Application stands disposed off.
JUDGE CHIEF JUSTICE Comparing Assistant