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23.08.2016
  s.das
    24
                            W.P. 16767 (W) of 2016

                       M/s. Ark Nirman Pvt. Ltd. & Anr.
                                     Vs.
                       The State of West Bengal & Ors.


      Mr. Aryak Dutta,
      Mr. Amritam Mandal
                            ..... for the petitioners

      Mr. Samrat Sen,
      Ms. Reshmi Ghosh
                            .... for the State



      Let affidavit-of-service filed in Court by the learned Counsel

appearing for the petitioners be kept with record.

      Learned Counsel appearing for the petitioners submits that the

petitioners are carrying on lawful business of stone crushing and that

they have been permitted to do so by the West Bengal Pollution Control

Board.   Accordingly learned Counsel submits that business of the

petitioners could not have been stopped by the respondent authorities in

terms of the order dated 24th February, 2016 passed by the National Green Tribunal.

On the other hand, Mr. Sen, learned Counsel appearing for the State, submits that the petitioners' business is situated within the buffers zone adjoining the forest area and accordingly the same was directed to be shut down. Such issue relating to the degradation of the 2 forest and/or wild life falls within the ambit of the National Green Tribunal constituted under the National Green Tribunal Act, 2010. It is open to the petitioners to seek clarification of the order dated 24th February, 2016 as to whether business of the petitioners which is being conducted in terms of the consent to operate granted to them by the West Bengal Pollution Control Board under the Air (Prevention and Control of Pollution) Act, 1981, would fall within the category of illegal stone crushing business as indicted in the said order. It is observed that if the petitioners approach the learned Tribunal all efforts may be made to dispose of the said application at the earliest without granting unnecessary adjournment to either of the parties.

With the aforesaid observations, the writ petition is disposed of. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(Joymalya Bagchi, J.)