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ARUN MISHRA, JOYMALYA BAGCHI
Basabi Rai Chowdhury – Appellant
Versus
Metro Railways, Calcutta – Respondent


Advocate Appeared:
For the Petitioner:Subrata Mukhopadhyay and Shamit Sanyal, Saurabh Banerjee and Abhijit Pal, Jayanta Kumar Mitra, Amrita Pandey and Vivek Murarka, Advocates.
For the Metro Rail Authority :Aparna Banerjee, Advocate.
For the PC.B :N.C. Bihani, Advocate.
For the K.M.C. :Alok Ghosh, Swapan Kumar Debnath and Era Ghosh, Advocates.
For the R.V.N.L :Sakya Sen and Suvadeep Sen, Advocate.
For the Added Respondent:Bhaskar Prasad Vaisy and Arpita Chowdhury, Advocates.

JUDGMENT :

Three writ petitions have been filed by the petitioners by way of public Interest Litigation.

2. In W.P 33381(W) of 2013 prayer has been made to quash the order dated 17th July, 2013 passed by High Power Committee with respect to alignment of Metro Railways.

3. The petitioner has questioned the decision of the High Power Committee on various grounds.

4. It was submitted by the learned counsel for the petitioner Mr. Subrata Mukhopadhyay that quality of water existing at present has not been ascertained and ho undertaking has been submitted as mentioned in the impugned order for restoration of water body within a period of six months. It has also been submitted by him that detailed restoration plan has not been submitted and there is no reason given to depart from the earlier order which was passed on 26th February, 2013. It was also submitted by him that the High Power Committee was not constituted by the expert persons, this Court should appoint Commissioner so as to adjudge the correctness of the decision taken by the High Power Committee.

5. Mr. Bhaskar Prasad Vaisy, learned counsel, appearing on behalf of the intervenor has supported the submissions raised by Sri Mukhopadh















































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