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2016 Supreme(Cal) 695

NISHITA MHATRE, TAPABRATA CHAKRABORTY
Society for Direct Initiative for Social & Health Action – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Jishnu Chowdhury, Mr. Supratim Laha, Mr. Arnab Sardar, Mr. Sumanta Biswas.
For the Respondent: Mr. Siddhartha Banerjee, Mr. S.K. Kapur, Mr. Sanjib Kumar Mal, Mr. Atanu Roy Chowdhury, Mr. S. Majumdar, Ms. N. Chatterjee.
For the Pollution Control Board : Mr. N.C. Bihani, Ms. Anuradha Sengupta.
For the State : Mr. Abhratosh Majumdar, Mr. Soumitra Mukherjee, Mr. T.M. Siddique.

JUDGMENT :

Tapabrata Chakraborty J.

1. Society for Direct Initiative for Social & Health Action and Paribesh Academy have approached this Court through the instant public interest litigation challenging, inter alia, the illegal attempt on the part of the private respondent no.11 to fill up substantial portions of a large wetland area located in the Hindustan Motors area in Uttarpara Municipality and Kanaipur Gram Panchayat.

2. Records reveal that an interim order was passed on 6th May, 2016 directing the State respondents and also the High Power Committee constituted by the State to keep vigil whether the water bodies are closed without adhering to the procedure. The Court also directed the parties to exchange their affidavits. Pursuant to such direction affidavits have also been exchanged by the parties.

3. Mr. Jishnu Chowdhury, learned advocate appearing for the petitioners submits that the petitioners are concerned with environmental protection and they are aggrieved on account of the illegal attempts on the part of the respondent no.11 to fill up water bodies. Such illegalities were noted by the Assistant Director of Fisheries and he filed a substantive report before the Director o
























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