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      31.01.2014
       Sl. No.8
        ad/sd
                       W.P 36055(W) of 2013

                       Mojammel Sekh & Ors.
                                 Vs.
                   The State of West Bengal & Ors.


Md. Abdul Alim,
Mr. Imran Hossain           .........       For the petitioners

Mr. Sadananda Ganguly,
Mr. Debapratim Banerjee       .........For the State


      The prayer has been made in the writ petition that the
respondents particularly the respondent nos.6 & 7 to take

appropriate steps to stop the brick field, namely, M/s. Nasib Brick Field run by the private respondents and to give effect or further effect of the order of the Pollution Control Board forthwith and private respondent be restrained from running brick field in illegal manner.

It is submitted by the learned counsel for the State that in view of the order of the Governor of West Bengal as communicated by the Land & Land Reforms Department, West Bengal vide memo no.2739(18)-L.Ref, dt. 29.09.2000 and its corrigendum vide no. 935(18)-MM/LR/ALL/M&M-13/99 dt. 2nd/22nd February, 2001, no brick field on agricultural land can be regularised if the same has come into operation after 01.09.2000. It has also been submitted that without the consent of the West Bengal Pollution Control Board as per the provisions contained in Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, no brick field unit can be established. It must have 2 proper pollution control system. It has also been submitted that the Department of Environment, Government of West Bengal issued a Notification vide no.EN/202/3C-01/2013, dt. 21st January, 2013/18th February, 2013 and by which the Governor is pleased to constitute the Screening and Scrutiny Committee at the District Level for each District in West Bengal consisting of the District Land & Land Reforms Officer of the concerned District and the Regional Officer of the West Bengal Pollution Control Board of the concerned District. Block Land & Land Reforms Officer has issued a notice as it was evident that in operating the brick field Consent to Establish, Consent to Operate and all environmental matters from the West Bengal Pollution Control Board is required and it was being done on the agricultural land which was also not permissible.

In view of the aforesaid, we direct the operation of the brick field be stopped till consent to operate is obtained and permission is taken to convert the agricultural land in accordance with the Government Notification.

The writ petition is disposed of with the aforesaid direction.

The documents and instructions filed by the Government advocate are placed on record.

(Joymalya Bagchi J.)                   (Arun Mishra,C.J)