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

THE HON’BLE JUSTICE BIVAS PATTANAYAK W.P.A. 15517 of 2019 CAN 1 of 2020 Biswanath Maji & Anr.

versus Steel Authority of India Limited (I.S.P.) & Ors.

With W.P.A. 595 of 2020 Benimadhab Maji & Ors.

versus Steel Authority of India Limited (I.S.P.) & Ors.

For the Petitioners : Mr. Ajay Debnath, Advocate Ms. Jiya Bose, Advocate For the Respondent : Mr. Kallol Basu, Advocate Nos.1, 2 and 5 to 7 Mr. Swapnamoy Sarkar, Advocate For the Respondent : Mr. Arjun Roy Mukherjee, Advocate No.4 For the Respondent : Mr. Susovan Sengupta, Advocate Nos.3, 8 to 11 Mr. Manas Kumar Sadhu, Advocate Heard on : 28.02.2024, 04.04.2024, 24.04.2024, 14.05.2024, 14.08.2024, 21.08.2024 Judgment on : 20.03.2025 Bivas Pattanayak, J. :-

1. This writ petitions have been filed by the petitioners under Article 226 of the Constitution of India for cancellation of the reply dated 31st July, 2018 issued by Mgr. Personnel – Legal & IR, IISCO Steel Plant Burnpur and for rehabilitation of the petitioners including villagers of Namopara with proper compensation.

2. The brief fact of the petitioners’ case is as follows:

(i) The petitioners are born and brought up at village Nakrasota- Namopara, J.L. No.19, Police Station-Hirapur, District-Burdwan and within the span of 1972 to 1982, huge portion of land was under acquisition by the Government of West Bengal for expansion of Indian Iron Steel Company Limited (in short, ‘IISCO’) presently under Steel Authority of India Limited (in short, ‘SAIL’).

(ii) In the year 1988, about 305 acres of land was in acquisition for modernization of IISCO in which village Nakasota-Namopara was included.

(iii) On 26^th October, 1981, prior to acquisition of the land by the Government of West Bengal in favour of IISCO, an agreement was signed between the representative of the villagers of Nakrasota with the then Estate Manager.

(iv) The petitioners made a joint petition before the Deputy Secretary, Land and Land Reforms Department, Government of West Bengal after acquisition of land, contending that about 13 acres of land within village Namopara is lying in serious suffocation problems as the inhabitants are encircled at the North, South & East side by 30 ft. high altitude slag bank. Namopara area is of low reduced level and in rainy season there is every chance of this area inundated with water coming from the high-altitude area and there is no scope open to discharge the accumulated water as encircled by slag bank for project expansion.

(v) On 16th March, 2009, the Deputy Secretary of Commerce Industrial Department issued a letter to the Chairman, West Bengal Pollution Control Board to look into the matter pertaining to the representation of Namopara but till date nothing has been done.

(vi) The petitioner no.1 [in WP 15517 (W) of 2019] has also submitted a letter to the Additional District Magistrate, on the basis of which direction was issued to the Sub-Divisional Officer, Asansol to make an arrangement for joint inspection.

(vii) The Sub-Divisional Officer, Asansol on 26th November, 2009, issued a letter to Managing Director, IISCO for holding joint inspection and directed him to remain present during such inspection.

(viii) On 8^th December, 2009, Assistant Environmental Engineer, West Bengal Pollution Control Board Asansol Office submitted a report in view of the joint inspection that the plantation around the project boundary was observed to be less.

(ix) The Deputy Magistrate, Asansol also submitted an enquiry report in view of enquiry dated 13^th December, 2009, stating inter alia that though it was enumerated in the report of the vulnerable conditions of the villagers of Namopara under Nakrasota submitted by the Assistant Engineer, Pollution Control Board, Asansol, yet IISCO authority failed to come out with any proposal and the threat of environment pollution may not be ignored. During enquiry, the proposal for rehabilitation of the petitioners was also consider