Anar Molla v. State Of West Bengal And ORS.

18.04.2024 Item No. 49 PG/KS Ct. No.1 W.P.A (P) 2 of 2021 Anar Molla

Versus

The State of West Bengal & Ors.

Mr. Kamalesh Bhattacharya Mr. Ashok Kumar Nath.....for the Petitioner Mr. Amitesh Banerjee, Ld. Sr. Standing Counsel Ms. Ipsita Banerjee .....for the State Mr. Satyajit Mandal Mr. Amar Nath Sen Mr. Malay Dhar Mr. Amit Bikram Mahalee........for the respondents 6 & 7

1. By this public interest writ petition, the petitioner alleges that the private respondents i.e. the respondent nos. 6 and 7 are illegally encroaching into a water body.

2. Admittedly, the water body belongs to the respondent nos. 6 and 7 and the respondent nos. 6 and 7 have come before this Court and submitted an affidavit stating that they do not propose to put up any construction in the water body and they are in the process of putting up compound wall for which the respondent no. 8 has granted permission since garbage is dumped by the public of that area in the water body.

3. If that is so, the respondent nos. 6 and 7 should be permitted to put up the boundary wall to protect the water body making it clear that there shall be no dumping of garbage or waste material in the water body and the respondent nos. 6 and 7 are perpetually

restrained from, in any manner, converting the water body for any other purpose.

4. With the aforesaid observations/directions, the writ petition is disposed of.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)