ORDER : UJJAL BHUYAN, J. 1. Heard Mr. BC Das, learned Senior Counsel assisted by Mr. DA Kaiyum, learned counsel for the petitioners; Mr. S. Dutta, learned Standing Counsel, Forest Department for respondent No. 1; Mr. P.J. Phukan, learned counsel for the Pollution Control Board appearing for respondent Nos. 2 and 3; Ms. D. Das Barman, learned Government Advocate, Assam, for respondent Nos. 4, 5, 6, 7 and 9; Mr. MK Choudhury, learned Senior Counsel, assisted by Mr. KR Patgiri, learned counsel appearing for respondent No. 8; Mr. M. Khan, learned counsel for respondent No. 10; and Mr. J. Rahman, learned counsel for respondent Nos. 11, 12 and 13. 2. Two petitioners have joined together and have instituted the present common proceeding under Article 226 of the Constitution of India. 3. Basic grievance or relief sought for by the petitioners in this proceeding is closure of the brick kiln of respondent No. 8. 4. According to the petitioners, the land on which the brick kiln has been set up is an agricultural land which is situated near a water canal called Khairajan. No-Objection Certificate (NOC) was obtained from the Pub Paka Gaon Panchayat without public hearing of local people to establish the brick kiln industry over the agricultural land. The brick kiln of respondent No. 8 is a polluting one and its pollutants are discharged into the nearby water canal. Pollution Control Board had also overlooked the various provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Assam Brick Kilns Establishment and Regulation Rules, 2013. The brick kiln was started without obtaining Consent to Operate from the Pollution Control Board. That apart, there is also violation of the provisions of Water (Prevention and Control of Pollution) Act, 1974. But the prime allegation of the petitioners is that the brick kiln was set up on a plot of agricultural land obtained by respondent No. 8 on the basis of unregistered lease deed without reclassification of agricultural land for intended non-agricultural purpose and consequential transfer of such land by the Deputy Commissioner, Barpeta. It is contended that such reclassification and transfer is prohibited under the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015. 5. By order dated 18.04.2018, this Court had issued notice both on the writ petition as well as on the interim prayer. It is contended that such reclassification and transfer is prohibited under the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015. 5. By order dated 18.04.2018, this Court had issued notice both on the writ petition as well as on the interim prayer. However, by the order dated 14.03.2019, learned counsel for the parties submitted before the Court that the writ petition itself may be taken up for disposal at the admission stage. Accordingly, the case was listed for admission hearing on 26.03.2019 when it was heard whereafter today is fixed for delivery of order. 6. Mr. Das, learned Senior Counsel representing the petitioners besides arguing various points has primarily focused on violation of the provisions of the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015 (2015 Act), which according to him has rendered construction of the brick kiln by respondent No. 8 on agricultural land illegal and void. In this connection, he has referred to various provisions of the 2015 Act. 7. While Mr. Phukan, learned Standing Counsel for the Pollution Control Board submits that Pollution Control Board had not only issued consent to establish but thereafter had issued Consent to Operate by following due legal process, learned Government Advocate submitted that application filed by respondent No. 8 for reclassification and transfer of agricultural land is being processed by the Circle Officer for the Deputy Commissioner to take a final decision in the matter. 8. Mr. Choudhury, learned Senior Counsel for respondent No. 8 submits that the 2015 Act does not totally prohibit use of agricultural land for non-agricultural purpose but lays down procedure for reclassification of such land for intended non-agricultural purpose. He further submits that there is a deeming provision in the 2015 Act to save use of agricultural land for non-agricultural purpose without reclassification and transfer. 9. Submissions made by learned counsel for the parties have been considered. Also perused the materials on record. 10. Before adverting to the rival submissions of the parties, it would be apposite to briefly state the undisputed factual position of the case. 9. Submissions made by learned counsel for the parties have been considered. Also perused the materials on record. 10. Before adverting to the rival submissions of the parties, it would be apposite to briefly state the undisputed factual position of the case. President of No. 9 Pub Paka Gaon Panchayat had issued NOC dated 3.10.2016 to respondent No. 8 for establishment of a brick kiln over a plot of land covered by Dag No. 21 Patta No. 76 situated at Village-Paka Doloni under Mouza-Paka, Revenue Circle- Sarthebari in the district of Barpeta. In the said NOC, the Gaon Panchayat Secretary mentioned that the land was not fit for agricultural purpose. Circle Officer, Sarthebari Revenue Circle also issued certificate on 22.09.2017 stating that land measuring 12 bighas 10 lechas covered by the aforesaid dag and patta of the said village was swampy and not suitable for cultivating agricultural crop. He further stated that for the last 15 years, no agricultural activity was undertaken in the said land which in any case is not fit for agricultural activity. He further certified that setting up of brick kiln would not have any adverse effect on soil and water. He, therefore, suggested that NOC for setting up of brick kiln may be considered. Consent to establish was granted to respondent No. 8 by Pollution Control Board, Assam on 02.01.2018 for setting up a brick manufacturing unit with production capacity of 6,00,000 per month at the said place. Thereafter, respondent No. 8 applied for online Consent to Operate on 3.1.2018. Accordingly, Consent to Operate up-to 31.3.2018 was granted on 5.3.2018 which was extended up-to 31.3.2019. 11. Respondent No. 8 submitted application dated 07.12.2017 before the Circle Officer, Sarthebari Revenue Circle for transfer of the said land to establish a brick industry contending that the land was not fit for agriculture and was not used for any agricultural purpose since long. 12. Having noticed the above, the 2015 Act may now be adverted to. The 2015 Act was enacted to regulate reclassification and transfer of agricultural land for intended non-agricultural purpose in the State of Assam. As per preamble to the said Act, it is expedient to regulate reclassification and transfer of agricultural land for intended non-agricultural purpose for enabling judicious growth and simultaneous preservation and furtherance of agriculture sector for overall economic development in the State of Assam. 13. As per preamble to the said Act, it is expedient to regulate reclassification and transfer of agricultural land for intended non-agricultural purpose for enabling judicious growth and simultaneous preservation and furtherance of agriculture sector for overall economic development in the State of Assam. 13. While "agricultural land" has been defined under Section 2 (a), under Section 2 (h), "industrial purpose" has been defined to mean use of any land for any industry, including brick kiln. As per Section 2 (q), "non-agricultural purpose" has been defined to mean and include use of land for establishing industries or industrial areas, commercial purposes, infrastructure projects, institutions, medical facilities, housing etc. or any other purpose not being an agricultural purpose. "Reclassification" has been defined under Section 2 (y) to mean change of land use from agricultural purpose to intended non-agricultural purpose. Under Section 2 (z), "reclassification-cum- transfer" has been defined to mean reclassification of agricultural land for intended non- agricultural purpose and subsequent transfer of the land. 14. Under Section 3, no person shall use or transfer agricultural land for intended non-agricultural purposes without reclassification and permission in the manner as mentioned in the said section. Section 3 reads as under:- "3. No person shall use or transfer agricultural land for intended nonagricultural purposes without reclassification and permission in the manner as mentioned hereinabove:- (i) No agricultural land shall be put for intended non-agricultural purpose without the prior permission of the Deputy Commissioner. The Deputy Commissioner shall be competent to accord permission only after reclassification of the said land. (ii) No agricultural land shall be transferred for intended nonagricultural purpose without the prior permission of the Deputy Commissioner. The Deputy Commissioner shall be competent to accord permission only after reclassification of the said land. (iii) The Deputy Commissioner shall examine the bona fides of applications received for issue of permission for reclassification or reclassification-cum-transfer under clause (i) and (ii) of this section and issue the permission only when he is satisfied that the permission has been sought for bonafide use of the land for non-agricultural purposes. (iv) No permission is required to be obtained from the Deputy Commissioner under this section, when an agricultural land not exceeding one bigha is intended to be used or transferred for construction of one's own dwelling house and when construction of the said structure is limited to two-storeys. (iv) No permission is required to be obtained from the Deputy Commissioner under this section, when an agricultural land not exceeding one bigha is intended to be used or transferred for construction of one's own dwelling house and when construction of the said structure is limited to two-storeys. In such cases the Deputy Commissioner may suo moto or on an application received from the owner or the transferee reclassify such land into residential class." 15. Section 4 deals with nature of land capable of reclassification. Basically, such land which is recorded as agricultural land but has already become unfit for agricultural purposes or where there has been no agricultural activity for atleast 10 years preceding the date of application for permission, such land can only be reclassified and consequentially transferred for intended non-agricultural purposes with the prior approval of the Deputy Commissioner. Section 4 is as follows:- "4.(1) Such land which is recorded as agricultural land but has already become unfit for agricultural purposes or where there has been no agricultural activity for at least ten years preceding the date of application for permission, shall only be reclassified or reclassified-cum- transferred for intended non-agricultural purposes with the prior approval of the Deputy Commissioner. (2) No agricultural land under cultivation during ten years preceding the date of application for permission as required under sub-section (1) of Section 5 shall be reclassified or reclassified-cum-transferred for non-agricultural purpose by the Deputy Commissioner without the prior approval of the State Government in the Revenue Department. (3) This section shall not apply when agricultural land not exceeding one bigha is used or reclassified or reclassified-cum-transferred for construction of one's own dwelling house and when construction of the said structure is limited to two storeys." 16. Procedure for land reclassification and transfer is laid down in Section 5 wherefrom it is evident that such application would have to be filed before the Deputy Commissioner and whose prior consent is essential. 17. Section 6 deals with power to levy and collect reclassification premium. Under Section 7, in addition to the Deputy Commissioner, any officer authorised by the State Government by notification in the official gazette would be authority competent to reclassify and transfer agricultural land. 18. Section 8 is relevant. It deals with imposition of penalty. 17. Section 6 deals with power to levy and collect reclassification premium. Under Section 7, in addition to the Deputy Commissioner, any officer authorised by the State Government by notification in the official gazette would be authority competent to reclassify and transfer agricultural land. 18. Section 8 is relevant. It deals with imposition of penalty. Section 8 not only provides for imposition of penalty but is also a deeming provision dealing with a situation as to what would happen in the event of reclassification of agricultural land for non-agricultural purposes without going through the procedure prescribed. To put it simply, what would be the consequence of use of agricultural land for non-agricultural purpose without prior permission of the Deputy Commissioner. Section 8 is extracted hereunder:- "8.(1) If any agricultural land mentioned under sub-section (1) of section 4 is put to non- agricultural purpose without obtaining the permission as required under clause (i) of section 3, the land shall be deemed to have been reclassified into non-agricultural purpose and upon such deemed reclassification, the Deputy Commissioner shall impose and realize a fine equal to two times the Reclassification Premium chargeable while according No objection Certificate (NOC) under sub-section (7) of section 5 for 'reclassification' under clause (i) of 'section 6 and in such manner as may be prescribed. (2) If any agricultural land mentioned under sub-section (2) of section 4 is put to non-agricultural purpose without obtaining the prior permission as required under that section and that of the Deputy Commissioner as required under clause (i) of section 3, the land shall be deemed to have been reclassified into non-agricultural purpose and upon such deemed reclassification, the Deputy Commissioner with the approval of the Government in the Revenue Department shall impose and realize a fine equal to five times the Reclassification Premium chargeable as specified under clause (i) of Section 6, while issuing No Objection Certificate (NOC) under sub-section (7) of Section 5, in such manner as may be prescribed. (3) The owner of the land shall pay the fine so imposed under subsections (1) and (2) of this section in such manner as may be prescribed. (4) After the due date, if any Reclassification Premium or penalty imposed under this section remains unpaid, it shall be recovered from the owner as an arrear of land revenue under the Bengal Public Demand Recovery Act, 1913." 19. (4) After the due date, if any Reclassification Premium or penalty imposed under this section remains unpaid, it shall be recovered from the owner as an arrear of land revenue under the Bengal Public Demand Recovery Act, 1913." 19. On a careful analysis of Section 8, it would go to show that if any agricultural land mentioned under Section 4 (1) is put to non-agricultural purpose without obtaining permission as required under Section 3 (i), such land shall be deemed to have been reclassified into non-agricultural purpose and upon such deemed reclassification, the Deputy Commissioner shall impose and realize a fine equal to two times the reclassification premium chargeable while making reclassification. That apart, if any agricultural land is put to nonagricultural purpose without obtaining prior permission, the land shall be deemed to have been reclassified into non-agricultural purpose and upon such deemed reclassification. Deputy Commissioner with the approval of the State Government in the Revenue Department shall impose and realize a fine equal to five times the reclassification premium. 20. Therefore, what is discernible from the above is that Section 8 of the 2015 Act is a deeming provision whereby and whereunder an agricultural land unfit for agricultural purpose and covered by sub-sections (1) and (2) of Section 4 are used for non-agricultural purpose without obtaining prior permission of the Deputy Commissioner, the reclassification or the transfer of the land does not become invalid or void per se; rather by the deeming provision, a legal fiction is created deeming such land as already reclassified and transferred for nonagricultural purpose; for which not only the premium has to be paid but the Deputy Commissioner has to impose and realize a fine equal to five times the reclassification premium with the approval of the State Government in the Revenue Department. This is the scheme of Section 8 of the 2015 Act which by virtue of its deeming provision saves any reclassification and transfer of agricultural land to non-agricultural purpose without obtaining the prior permission or approval of the Deputy Commissioner. 21. This is the scheme of Section 8 of the 2015 Act which by virtue of its deeming provision saves any reclassification and transfer of agricultural land to non-agricultural purpose without obtaining the prior permission or approval of the Deputy Commissioner. 21. Viewed from the above perspective, setting up of the brick kiln by the respondent No. 8 on the land in question which initially was agricultural land but as per official document is no longer fit for agricultural purpose and has remained unused for agriculture purpose for the last fifteen years or so does not become legally invalid for not obtaining prior permission or approval of the Deputy Commissioner for such reclassification and reclassification-cum-transfer by virtue of the deeming provision of Section 8. 22. That being the position, parties are relegated to the Deputy Commissioner, Barpeta, who shall consider the deeming provision contained in Section 8 of the 2015 Act and do the needful in accordance with law. Necessary decision in this regard shall be taken by the Deputy Commissioner, Barpeta within 6 weeks from the date of receipt of a certified copy of this order. 23. Writ petition is disposed of. No costs.