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2009 Supreme(Cal) 713

S.S.Nijjar, Biswanath Somadder
Forum For Human, Legal And Ecological Rights, Bansdroni – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
S.P. Mukherjee, Debojyoti Basu, Partha Ganguly, Promita Chakraborty, Jayanta Mitra, Kallol Basu, Anindya Mitra, Abhrajit Mitra, Sarbapriya Mukherjee, Debanjan Mandal

JUDGMENT:

Nijjar, CJ.

1. THIS petition has been filed by the forum for Human, Legal and Ecological Rights, Bansdroni through its General Secretary, in public interest, seeking to protect the first heritage plaza of Kolkata known as "Swabhumi".

2. BEFORE we consider the entire issue, we deem it appropriate to reproduce the observations of O. Chinnappa Reddy, J. in the case of Shri Sachidanand Pandey v. State of West Bengal [AIR 1987 Supreme Court 1109]. In the aforesaid judgment, the Supreme Court emphasizes the importance of environment as understood by the native Indians of North America. A reply sent by an Indian Chief to the President of the United States of America was reproduced by the Supreme Court verbatim. In our opinion, the facts in the present case warrant that the reply of the Indian Chief be made a preface to this judgment. It reads as follows :- "(2) A hundred and thirty-two years ago, in 1854, 'the wise Indian Chief of Seattle' replied to the offer of 'the great White Chief in Washington' to buy their land. The reply is profound. It is beautiful. It is timeless. It contains the wisdom of the ages. It is the first ever and the most understanding statement on environment




































































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