WP(C) 7802/2005 BEFORE HON’BLR MR. JUSTICE B.K. SHARMA. Heard Mr. B.D. Das, learned counsel for the petitioners as well as Mr. A . Thakur, learned counsel representing the Respondent No.6 along with Mr. S. Ba ruah, leaned counsel representing the Respondent No.5 and Mr. D. Baruah, learned counsel representing the Respondent No.4. Ms R. Chakraborty, learned State cou nsel represents the State respondents. The petitioners are the residents of Ward No.14, Malow Ali, Jorhat. Thei r grievance is that the authorities as well as the Respondent No.6 violated the provisions of the Assam Health Establishments Act, 1993; the Assam Bio-Medical Waste (Management & Handling) Rules, 1998; the Environment (Protection) Act, 19 86 and the Zoning Regulations framed under the Assam Town & Country Planning Act , 1959 while granting and obtaining provisional license in favour of the Respond ent No.6 in permitting to run Nursing Home stated to be adjacent to the residenc es of the petitioners. The Respondents No.2, 4 and 6 have filed counter affidavit denying the c ontentions raised in the writ petition. It has been agreed at the Bar that it is the Respondent No.2, who is the principal authority towards granting or not gra nting license towards running a Nursing Home. It is further submitted that the No Objection Certificate (NOC) is also required to be obtained from the Polluti on Control Board as well as Jorhat Municipal Board i.e. the Respondents No.4 and 5 respectively. The Respondent No.6 has been granted the license for establishing Nursin g Home, copy of which is annexed as Annexure-7 to the writ petition. The licens e is stated to be provisional . As regards the N.O.C. from the Jorhat Municipa l Board i.e. the Respondent No.4, the said authority in its affidavit has stated that the Board in its meeting held on 28.4.2006 decided that since the matter w as pending before this Court, the issuance of the N.O.C. be kept in abeyance. S o far as the Pollution Control Board is concerned, admittedly, the NOC has not b een issued, but it is the stand of the petitioners that the said authority has a ccepted the requisite fees on 7.5.2004 and thereafter, the annual renewal fees have also been accepted. The Respondent No.6 has also referred to Annexure-E(i) enquiry report submitted by the Joint Director of Health Services, Jorhat to th e Deputy Commissioner, Jorhat. Thus, while it is the case of the petitioners that the action on the par t of the respondents is in violation of the relevant provisions of the Act and t he Rules, it is the stand of the respondents that they have proceeded with the m atter in accordance with law. Presently, the Respondent No.6 has been running t he Nursing Home. In view of the above and also having regard to the fact that the license has been granted in favour of the Respondent No.6 provisionally, the matter is remanded back to the authorities, more particularly, the Respondent No.2 to take a decision in the matter, as to whether the Respondent No.6 is entitled to the grant of final license for running the Nursing Home. Similarly, the Jorhat Mun icipal Board as well as the Pollution Control Board shall also take a decision i n the matter in accordance with rules. The said authorities shall decide the ma tter as expeditiously as possible, preferably within 3 (three) months and if nee d be, the parties shall be given adequate opportunity of being heard. With the above direction, the writ petition is disposed of.