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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
People United For Better Living In Calcutta (PUBLIC) – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
T.S. Sivagnanam, C.J.
1. This public interest litigation has been filed by a Citizen Action Group called “People United For Better Living in Kolkata (public)”. In this writ petition, the petitioners seeks for issuance of a writ of mandamus to respondent no. 3 namely Rail Vikas Nigam Limited hereinafter referred to as Metro Rail to forthwith stop all construction work in the Maidan area adjoining Victoria Memorial; to issue a writ a mandamus to Metro Rail to call for review of proposed project by independent experts in urban system and transport planning; to direct the Metro Rail for setting up an Expert Committee to examine and submit a report on the feasibility of transplanting of the trees which has been proposed; to issue a writ of prohibition to prohibit all the respondents from proceedings with the plan to set up the Victoria Metro Station and writ of prohibition prohibiting all the respondents from proceeding with the plan to set up the metro station. The writ petitioner would contend that from various news reports, they came to understand that 700 trees in the Maidan area are to be transplanted and 500 trees will have to be removed to make way for permanent structur
The court's decision balances public interest, environmental concerns, and the progress of the Metro Line - 3 project, allowing MMRCL to pursue its application for felling permission while emphasizin....
The court emphasized the importance of procedural compliance and sustainable development principles in the context of environmental protection and development decisions.
Compliance with specific court directions and the jurisdiction of the Tree Authority in granting permission to fell trees.
Balancing developmental activities with environmental concerns is crucial under forest conservation laws.
The central legal point established in the judgment is the importance of obtaining statutory permissions and approvals, complying with the terms and conditions imposed in the statutory approvals, and....
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