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2018 Supreme(Cal) 238

JYOTIRMAY BHATTACHARYA, ARIJIT BANERJEE
Association for Protection of Democratic Rights – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Bikash Ranjan Bhattacharyya, Sr. Adv. Mr. Samim Ahammed, Adv. Ms. Nandini Mitra, Adv. Mr. Arka Maiti, Adv. Mr. Raghunath Chakraborty, Adv. Mr. Mahaboob Ahmed, Adv.
For the State : Mr. Kishore Dutta, Ld. A.G., Mr. Joytosh Majumdar, Ld. G.P. Mr. Pinaki Dhole, Adv. Mr. Abhishek Prasad, Adv. Mr. Rajat Dutta, Adv.
For the Respondent: Mr. Tapan Kumar Mukherjee, Adv. Mr. Nilotpal Chatterjee, Adv. Mr. Nilendra Narayan Roy, Adv. Mr. Manujendra Narayan Roy, Adv.
For the MOEF : Mr. Partha Ghosh, Adv.
For the NHAI : Mr. Dipankar Das, Adv.

JUDGMENT :

ARIJIT BANERJEE, J.

1. These two Public Interest Litigations (in short ‘PIL’) have been filed essentially to restrain the respondent authorities from felling trees for construction of Railway Over Bridge (in short ‘ROB’) at Kazipara, Ashoknagar, Habra-I, Habra-II and Bongaon and for expansion of National Highway 112 i.e. Jessore Road. The main prayers in WP 12788(W) of 2017 are as follows:-

“(a)Issue a writ of or in the nature of mandamus commanding the respondents to set aside all purported permits dated July 22, 2016 by which permission was granted for felling trees for construction of Road Over Bridge at Kazipara, Ashoknagar, Habra-I, Habra-II and Bongaon;

(b) Issue writ of in the nature of Mandamus by directing the respondents to conduct Environmental Impact Assessment (EIA) in terms of the EIA notification of September 14, 2006 and its amendment dated December 1, 2009 before initiating the expansion work of National Highway 112 i.e. Jessore Road;

(c) Issue a writ of or in the nature of prohibition restraining the respondents from felling trees standing on the both side of National Highway No. 112 in between Barasat to Petrapole, North 24 Parganas;

(d) Issue a writ of or i




































































































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