Pinaki Chandra Ghose, J.

This writ petition has been filed by the People United for Better Living in Calcutta (PUBLIC), is a voluntary nonprofit, non-political citizen action group founded in 1990.

2. It is stated in the petition that the mission of PUBLIC is to improve the environment of Calcutta and promote sustainable urban living by working with Government agencies, corporate citizens, other NGOs and stakeholders in a consultative and implementational capacity. The focus areas of PUBLIC are airs, noise pollution, land use planning including protection of open spaces and conservation of heritage buildings.

3. At the instance of the writ petitioners, the legal protection of the East Kolkata Wetlands (hereinafter referred to as EKW) were protected through Public Interest Litigation filed by petitioner No. 1. The said EKW has now been declared as the international protected site by the Indian Government under the RAMSAR Convention. The petitioner has filed this application to ensure protection of EKW.

4. It is submitted that respondent No. 8, Union of India is financing a project for construction of a Water Treatment Plant within the said area through the Jawaharlal Nehru National Urban Renewal Mission (hereinafter referred to as JNNURM) of the Ministry of Urban Development. It is also stated that the EKW was originally protected by the order passed by this Court by an order dated 24th September, 1992 which is reported in 1993 (97) CWN 142, where the Court held that an obligation has cast on the Government of West Bengal not to change the nature and the character of the land of the said area demarcated by the Court in the said judgment. Subsequently, the West Bengal Government came out with an Ordinance No. VII to protect the EKW and finally with the East Kolkata Wetlands (Conservation and Management) Act, 2006 (hereinafter referred to as the said Act) was promulgated in place of the above mentioned Ordinance and the said Act came into operation to provide for conservation and management of the East Kolkata Wetlands and for matters connected therewith and incidental thereto.

5. According to the petitioners, a project for construction of a Water Treatment Plant is being undertaken by the Kolkata Municipal Corporation (hereinafter referred to as KMC) over an area of nearly 100 acres in the Mouza Bonchtala, Dag Nos. 615-630, 633 (part), 634-636, 647 (part), 638-641, 642 (part), 643, 645, 648 (part), 649 (part), 650, 652 (part), 653 (part), 654 (part), 656, 658 (part), 673, 739, 745-757, 758 (part), 759-767, 763 (part), 768 and 770 (part) within the fringes of the boundary area of the EKW.

6. The petitioner also learnt that a huge Water Treatment Plant for producing 30 MGD of treated water within the said area of EKW has been undertaken by the KMC. The petitioner had been co-opted as the member of a standing committee under the said Act and petitioner No. 2 was nominated to represent petitioner No. 1 in the said standing committee.

7. It is submitted that the construction of the said Water Treatment Plant would result in release of large amount of effluence, at the time of construction, in to a very large water body creating great amount of pollution and as such the said construction is not possible without the permission of the West Bengal Pollution Control Board.

8. It is further submitted that without following the provisions of section 9 of the said Act and in violation of section 10 of the said Act, the authorities are proceeding in the matter. It is submitted that the Wetlands Management Authority under the said Act was empowered to grant sanction for change of character or mode of use of land. Such change can be only made for improvement and upkeepment of the local environment and its surroundings.

9. It is pointed out that the entire action of granting of sanction by the management authority in respect of the said Water Treatment Plant is nothing but a colourable exercise of power and to render the provisions of the said Ac