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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Mehetab Hossien Mali – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. court's procedural setup (Para 1 , 2) |
| 2. petitioner's complaint history (Para 3 , 4 , 5 , 6 , 7) |
| 3. filling prohibition under inland fisheries act (Para 8 , 11 , 20) |
| 4. private respondent's position and allegations (Para 9 , 10 , 12 , 15) |
| 5. opposition by private respondent (Para 13 , 14 , 16) |
| 6. court's interpretation of law (Para 17 , 22 , 23) |
| 7. court's order and directives (Para 25 , 26 , 27) |
| 8. implementation of court's order (Para 28 , 29 , 30 , 31) |
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
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.
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.
The court established the necessity for ecological protection of water bodies, enforcing compliance with environmental regulations while considering community impacts.
Boundary walls around private ponds in residential areas need not be demolished if integrated with surrounding houses; restoration of water bodies upheld with directions for maintenance and preventio....
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