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                           W.P. 22900 (W) of 2009




07   19.03.10               W.P. 22900 (W) of 2009


                    Mr. Anirban Bose,
                    Mr. Swagata Datta.
                                            ... For the Petitioners.

                    Mr. Kallol Basu.
                                            ...For W.B.P.C.B.

                    Mr. Sandip Srimani,
                    Ms. Suchitra Saha,
                    Mr. Amitava Chaudhuri.
                                       ...For the State.
                    Mr. Sajal Kanti Bhattacharyya,
                    Mr. Debaprasad Nath.
                                 ... For Respondent no. 12.

We have heard the learned advocates for the respective parties.

It is submitted on behalf of the petitioner that their grievance is only regarding the running of mobile tower with diesel generator set. It is submitted on behalf of the private respondent that he is not operating the mobile tower in the property in question. It appears from the Circular dated 31st December, 2009 issued by the West Bengal Pollution Control Board that the Department of Environment issued a direction that henceforth no mobile tower company may be permitted to install any diesel generator set for obtaining captive power required during load-shedding, instead such installations are at liberty to use battery. It has also been directed 2 W.P. 22900 (W) of 2009 that all generator set will be installed with the mobile tower earlier to this notice shall be converted into battery system or solar system within May, 2010.

It further appears that subsequent thereto a further notification has been issued by the Department of Environment, Government of West Bengal dated March 11, 2010 whereby it has been stated that under Section 18(b) of the Air (Prevention and Control of Pollution) Act, 1981 the said Board directed that West Bengal Pollution Control Board at the time of issuing 'Consent to Establish' to any entrepreneurs regarding use of diesel generator the guidelines fixed up by the Government of India should be followed strictly and all entrepreneurs should also be kept informed that who have already installed old diesel generator without conforming to the standard laid down under the aforementioned notification dated 17-05-2002 issued by the Ministry of Environment & Forests, need to be phased out completely by February, 2011 or same should be converted as per the specification mentioned in the said notification by exploring the feasibility to use bio-diesel of 30% (thirty percent) of the required fossil fuel for running the generator.

In view of that the owner is directed to intimate this order to the company, who is running the 3 W.P. 22900 (W) of 2009 mobile tower at the said premises that they should follow the said notification issued by the West Bengal Pollution Control Board.

With the above directions, the writ application is disposed of.

(MOHIT S. SHAH, CHIEF JUSTICE) (PINAKI CHANDRA GHOSE, J.) 4 W.P. 22900 (W) of 2009