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Section 31 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Calcutta High Court (Appellete Side)
13583W/2010 on 2 July, 2010
Author: Kanchan Chakraborty
23   02.07.10               W.P. 13583 (W) of 2010
 2


                        Mr. S. C. Hazra,
                        Ms. Sima Ghosh.
                                           ... For the Petitioner.

                        Mr. Kallol Basu.
                                           ... For WBPCB.


                        The petitioner has filed this petition relating
                to the subject-matter in which this Court had
                already on earlier occasion disposed of the petition,
                i.e. W.P. No. 23356 (W) of 2009 by order dated 29th
                January, 2010 directing the petitioner to file an
                appeal under Section 31 of the Air (Prevention and
                Control of Operation) Act, 1981. It appears that the
                petitioner has not resorted to the alternative remedy
                available to him. We are, therefore, not inclined to
                entertain this petition.


                        Accordingly we dismiss this writ petition with
                liberty to the petitioner to seek alternative remedy in
                accordance with law, if so advised.


                                     (J.N.PATEL,CHIEF JUSTICE)

(BHASKAR BHATTACHARYA, J.)