JUDGMENT :

S.J. Mukhopadhaya, J.

In this appeal, the appellant - original petitioner seeks to challenge judgment and order dated 18th April 2011, passed by learned Single Judge in Special Civil Application No. 4570 of 2011, whereby, learned Single Judge rejected the petition and refused to grant any relief, as prayed for by the appellant - original petitioner.

2. The present appeal depicts a very sorry state of affairs at the end of the State Government as well as the appellant. It has been repeatedly said that the Right to Live is a Fundamental Right under Article 21 of the Constitution of India and it includes the Right to Enjoyment of Pollution-free Water and Air for full enjoyment of life. Further, by 42nd Constitutional Amendment, Article 48A was inserted in the Constitution of India in Part IV stipulating that the State shall endeavour to protect and improve the environment and to safeguard the Forest and Wildlife of the country. Article 51A, inter alia, provides that, it shall be the duty of every citizen of India to protect and improve the natural environment including Forest, Lakes, Rivers and Wildlife and to have compassion for living creatures. Article 47, which provides th