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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN, SUJOY PAUL
Bharat Kumar Jhawar – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. public interest litigation regarding water body restoration. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding non-compliance with prior orders. (Para 7 , 8 , 9 , 10) |
| 3. defense claims and lack of intent to disobey orders. (Para 11 , 12 , 13 , 14 , 15) |
| 4. court's consideration of compliance and restoration by authorities. (Para 17 , 18 , 19 , 20 , 21) |
| 5. court's directive for compliance with restoration orders. (Para 28 , 29 , 30 , 31 , 32) |
JUDGMENT :
PARTHA SARATHI SEN, J.
1. In this writ petition which is in the nature of a public interest litigation, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent authorities more specifically, against the Respondent No. 5 authority as well as against the Respondent Nos. 9 and 10 authorities commanding them for due implementation of the order dated 02.05.2022 as passed by a Coordinate Bench of this Court in WPA(P) No. 190/2022 ( Bharat Kumar Jhawar vs. The State of West Bengal and Ors. ) vis-a-vis the order dated 13.06.2022 as passed in RVW No. 80 of 2022 ( Saffiujjaman Sk. vs. Bharat Kumar Jhawar and Ors. ) by the selfsame coordinate Bench of this Court.
2. It is pertinent to mention her
Authorities must comply with court orders for environmental restoration as mandated by statute, failure of which may lead to enforcement actions.
Conversion of water bodies is strictly prohibited without state approval under the Inland Fisheries Act, reaffirming authority to restore such areas and enforce statutory protections.
Notice to restore land classified as 'Bastu' without proper inquiry is arbitrary; judicial review mandates reasoned decisions backed by evidence.
The duty to restore and conserve wetlands is a constitutional responsibility, overriding private property disputes, under the East Kolkata Wetlands (Conservation and Management) Act, 2006.
The court emphasized the Public Trust Doctrine, ruling that wetlands must be protected from alienation for private use, reaffirming their importance for public benefit and environmental sustainabilit....
Encroachment on wetlands for non-wetland use is impermissible under environmental law, and the natural state of the water body must be restored.
The State Government does not have the power to review its own orders unless such power is specifically conferred by statute. The State Government cannot exercise its power of review after a long del....
Point of law : water bodies cannot be alienated even if they are dry and cultivation carried on dried bed of water bodies does not denude land of its character as water bodies.
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