Back
IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Mehetab Hossien Mali – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. The writ petitioner, the respondent State and its instrumentalities, the respondent/Kolkata Municipal Corporation (hereinafter referred to as KMC in short) and the private respondents are represented by their respective counsels.
2. On behalf of the State respondents, Mr. Mukherjee has submitted a report dated 09.09.2025 as prepared by O.C., Nadial Police Station, Kolkata. Let the report dated 09.09.2025 as submitted on behalf of the respondent State be taken on record.
3. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent no. 6 authority commanding him to withdraw and/or recall and/or rescind the order dated 26.05.2025 as has been annexed at page nos. 59 to 69 of the instant writ petition. At the time of hearing, Mr. Banerjee, learned advocate duly assisted by Ms. Dhamali, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page no. 54 of the instant writ petition being a copy of the memo dated 24.07.2024 as issued by the respondent no. 3 authority to the respondent no. 6 authority requesting him to take approp
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.
Authorities must comply with court orders for environmental restoration as mandated by statute, failure of which may lead to enforcement actions.
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.
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.
Encroachment on wetlands for non-wetland use is impermissible under environmental law, and the natural state of the water body must be restored.
The NGT affirmed that local authorities must enforce environmental laws to protect water bodies from illegal filling and dumping, emphasizing restoration and compliance responsibilities.
The decision emphasizes legal duties to protect public water bodies from illegal filling and encroachment, highlighting compliance with environmental regulations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
