Main Search Premium Members Advanced Search Disclaimer
Cites 3 docs
Section 37 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 188 in The Indian Penal Code
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

User Queries

Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.

Calcutta High Court (Appellete Side)
Ns 2015 Amit Pal & Ors vs State Of West Bengal & Ors on 21 July, 2015
Author: Joymalya Bagchi
                                 1



21   21.07.                    W.P. No.32603 (W) of 2014
ns    2015                           Amit Pal & ors.
                                         Versus
                               State of West Bengal & ors.

              Mr. S. Bandyopadhyay       ....              For the petitioner.

              Mr. Sadhan Roy Chowdhury,
              Mr. Manas Kr. Sadhu       ....                    For the State.

              Ms. Papiya Banerjee Bihani
                                   ... for the Pollution Control Board.

                          In spite of service, nobody appears on behalf

                of the private respondents.

The writ petitioner has approached this Court complaining that the order dated October 4, 2013 passed by the Screening and Scrutiny Committee constituted in terms of the order of the High Court vide notification no.EN/202/3C-01/2013 dated 21.01.2013 directing the Officer-in-Charge, Bagdah Police Station to take steps that the brick kilns of the private respondents are not permitted to function without any chimney and without obtaining "Consent to Establish" and/or "Consent to Operate" from the West Bengal Pollution Control Board and / or District Environment Officer is not being complied with and / or enforced.

Learned counsel appearing for the petitioner submits that in spite of the aforesaid order being passed by the Committee, the private respondents are carrying on their illegal business of firing of stacked brick without obtaining requisite permission from the Board. He further submits that the carrying on of such 2 business is causing widespread pollution in the locality.

Learned counsel appearing for the State files a report wherefrom it appears that in view of the allegations made by the private respondents a criminal case being Bagdah P.S. Case No.978 dated 16.12.2014 under Section 188 of the I.P.C. read with Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 has been initiated and the investigation is going on. It has also been observed in the report that sharp watch is being kept so as to ensure that there is no firing of stacked bricks in the aforesaid brick kilns. Let the report be kept with the record.

Having considered the submissions of the respective parties and in the light of the report filed on behalf of the State respondents, I direct the investigating agency to conclude the investigation in the aforesaid criminal case as early as possible and take the same to its logical conclusion.

Officer-in-Charge of the Bagdah Police State, respondent no.7 herein, is further directed to ensure that there is no firing of stacked bricks in the brick kilns of the private respondents in violation of the order dated October 4, 2013 passed by Screening and Scrutiny Committee, as aforesaid.

With the aforesaid directions, the writ petition is disposed of.

( Joymalya Bagchi, J. ) 3