In The High Court at Calcutta
                           Constitutional Writ Jurisdiction
    18-08-2010                      Appellate Side
       sb-9
.                                W.P.No.17120(W) of 2010
                                        Ajit Santra
                                            -vs-
                              The State of West Bengal & Ors.

                        Mr. Sudip Ghosh Chowdhury .... for the petitioner

                        Mr. Sambuddha Chakraborty
                        Ms. Sampa Sarkar                    ....for the State

                        Mr. Mr. Suman Basu         ....for the Corporation

                        Ms. Rituparna De
                        Mr. Syed Nurul Arefin ...for the private respondent

Counsel for the petitioner agrees that the petitioner's remedy, if any, was under s.31 of the Air (Prevention and Control of Pollution) Act, 1981.

This art.226 petition has been filed questioning a notice issued by the Corporation. It has been pointed out that the Corporation has issued the notice in compliance with a statutory order issued by the West Bengal Pollution Control Board.

Hence it is evident that unless the order of the Board is challenged, the petitioner cannot challenge the notice of the Corporation. The order of the Board can be challenged by appealing from it in terms of s.31.

In view of the above-noted situation, I find no reason to interfere in the matter. The petition is dismissed making it clear that nothing herein shall prevent the petitioner from appealing from the order of the Board according to law. No costs. Certified xerox. (Jayanta Kumar Biswas, J.)