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      14.02.2014
       Sl. No.6
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                        W.P 33208(W) of 2013

                  Calcutta Citizen's Initiative & Anr.
                                  Vs.
                     State of West Bengal & Ors.


Mr. Siddhartha Mitra,
Mr. O.P Jhunjhuwala,
Mr. S Shukla     .........             For the petitioners

Mr. Tapan Chakrabarty .........For respondent nos.7 & 8

Mr. N.C Bihani .........For the P.C.B Matter is concerning with Rabindra Sarobar Lake which is a National Lake situated at Kolkata. Various suggestions made by the Department of Environment, Government of West Bengal through West Bengal Pollution Control Board in its communication dated 03.01.2011.

It is submitted by Mr. Siddhartha Mitra, learned Senior Counsel, appearing on behalf of petitioners that the directions are not being complied with and are rather being flouted by various clubs and authorities. The communication dated 03.01.2011 has been endorsed to several clubs and authorities. In the circumstances those who are not before us, we direct the petitioners to serve copies of the petition to the authorities and the clubs to whom the communication dated 03.01.2011 had been issued for compliance.

Let steps be taken by the petitioners within a period of three weeks from today to serve them.

It is not disputed at Bar that the directives contained in the aforesaid communication dated 03.01.2011 are required to be scrupulously observed. In the circumstances, we direct the Pollution Control Board to undertake a fresh inspection and to submit a report within a period of six weeks from date with respect to the violation, if any, of the aforesaid directives which is taking or has taken place. Pollution Control Board is also directed to ensure that proper communication is issued to the authorities under the relevant law for scrupulously observing the aforesaid directives and in case they have not followed the directives, let Pollution Control Board initiate appropriate action in accordance with law under the Environment Pollution Act, 1983, National Environment Policy, 2006 and Water (Prevention and Control of Pollution) Act, 1974.

The Officer In-charge of Lake Police Station and Deputy Commissioner of Police of the concerned area shall also submit the report on the aforesaid aspects with respect to the communication dated 03.01.2011.

Mr. Tapan Chakrabarty, learned Counsel, appearing on behalf of respondent nos.7 & 8 on being instructed submitted that they have no role to play in this matter.

However, Mr. Bihani who appears on behalf of the West Bengal Pollution Control Board owns the responsibility and has not disputed his liability to maintain the appropriate role.

It is also submitted by Mr. Mitra, learned Senior Counsel that hawkers are also causing pollution and nuisance by using various kinds of plastic bags etc. The respondent authorities including Kolkata Improvement Trust, police and other concerned authorities are directed to ensure that no such act is done in the area in question.

List the matter after eight weeks.

(Joymalya Bagchi J.)                     (Arun Mishra,C.J)