IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:-

THE HON’BLE ACTING CHIEF JUSTICE SUJOY PAUL AND HON’BLE JUSTICE CHAITALI CHATTERJEE DAS W.P.A.(P) 259 2021 ASSOCIATION FOR PROTECTION OF DEMOCRATIC RIGHTS & ANR.

VS THE STATE OF WEST BENGAL & ORS.

For the Petitioners : Mr. Raghunath Chakraborty, Adv.

Mr. Mahaboob Ahmed, Adv.

For the K.M.C. : Mr. Alok Kr. Ghosh, Adv.

Mr. Subhrangsu Panda, Adv.

Last heard on : 12.11.2025 Judgement on : 21.11.2025 Uploaded on : 21.11.2025 CHAITALI CHATTERJEE DAS, J. :-

1. This public interest litigation has been filed by the petitioner pertaining to unnatural deaths of four labourers and the injuries sustained by other four labourers who were engaged in de-silting of underground sewer line in South Kolkata, which was carried out under a project of Kolkata environment, Infrastructure Improvement Project (KEIIP) which functions under the KMC.

Brief resume of the case

2. The petitioner no.1 being the Association for Protection of Democratic Rights Organisation (APDR) in the country is a non-governmental organisation of conscious citizens, espoused various issues of public interest to the notice of the court, where government administration fails to maintain its constitutional and legal obligations and protect and secure the interest of the citizen. The petitioner no. 2 is a non-civil right activist and post editorial contributor to vernacular newspaper including daily newspaper Ananda Bazar. The petitioner became aware of the case of death of manual scavengers at khudghat as a result death of 4 persons took place and 3 persons sustained serious injury. The incident occurred on 25th of February 2021, while working on de-silting of underground sewer line in South Kolkata. This public interest litigation has been filed with a prayer for an independent investigation to be directed to conduct pertaining to the incident occurred on June 25, 2021 to investigate the events surrounding the unnatural death and injuries of the victims. Further prayed for interim compensation of at least ₹16 lakhs to each of the family members of the deceased victims and ₹5 lakhs to the injured victims and also for a direction to take action against the persons found responsible for the incident in accordance with law.

Submissions made by KMC

3. The Learned Advocate representing the petitioner no.2 to 6 at the outset has taken a point on the ground of maintainability of this Public Interest Litigation by the petitioner organisation as they are busy body ,acting with malafide intention and has been filed with a desire to gain publicity and cheap popularity .They have no locus to file this petition.

4. It is further assailed that the work of desilting was carried out under a project of Kolkata Environmental Infrastructure Improvement Project (KEIIP) which functions under the KMC. It is contended that the incident happened as there was no qualified engineer to supervise the workers which violated all safety rules and the labourers who entered into the underground pit to connect drainage pumping station with sewerage line became unconscious after inhaling toxic fumes, and drowning in the sewer sludge. After the incident was reported in the media, including print media, the chairman of KMC board of administrator constituted a three member committee comprising controlling officers, DG, KEIIP, DG, KMC drainage, and sewage and DG. KMC project development to prove into the matter and based on the findings, the contractor of the project to be penalised and if he found guilty appropriate criminal action will be taken against them. They contractor was asked to pay ₹5,00,000 each to the families of the deceased. However no person was arrested in connection with the incident. The petitioner sought for certain information regarding its functioning and report by filing his application under the Right to Information Act dated September 8, 2021, but no such information has yet been received. Over such incident the unnatu