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Calcutta High CourtWPA/1511/2025disposed

Surya Alloy Industries Limited And ANR v. West Bengal Pollution Control Board And ORS

2026-02-16Hon'Ble Justice Reetobroto Kumar Mitra3 pages

16.02.2026 sdas WPA 1511 of 2025 Surya Alloy Industries Limited & Anr.

Vs.

West Bengal Pollution Control Board & Ors.

Mr. Debnath Ghosh Mr. Farhan Ghaffar Mr. Kallol Saha Mr. Akash Ghosh ..... for the petitioners Mr. N. C. Bihani, Sr. Adv.

Mr. Soumya Mukherjee ..... for the WBPCB 1.

Let affidavit-in-opposition filed by the respondent nos. 1 to 6 to the supplementary affidavit filed by the petitioners be kept on record.

2.

The petitioners are aggrieved that it has not been given the requisite clearances and particularly the environmental clearance and has challenged not just the inspection of the respondents but also the direction issued by the respondent no. 2 on November 20, 2024.

3.

Mr. Ghosh, learned Advocate appearing for the petitioners, submits that they are willing to give the requisite undertaking for not operating the new unit without complying serial nos. 1 to 6 of the letter of December 12, 2025.

4.

As will appear from the pleadings and particularly the supplementary affidavit of the petitioners

affirmed on January 27, 2026, there are certain outstandings in so far as requisite clearances are concerned. In terms of the letter dated December 12, 2025, by which the respondent no. 1 through the respondent no.

had specified the compliances to be made by the petitioners, the said compliances will have to be made by the petitioners prior to obtaining any clearance or consent to operate the industrial unit.

5.

Though the petitioners have sought to rectify some of these non-compliances, there are several which are still outstanding.

6.

The parties are ad idem as will appear from their pleadings read with the Action Taken Report (ATR) by the respondents, there are outstandings for the requisite compliances to be done by the petitioners.

7.

In view of the aforestated consensus between the parties, I direct the petitioners to adhere all compliances as specified in the letter of December 12, 2025, before obtaining any clearance. Upon making the requisite compliances and furnishing corresponding proof/evidence thereof to the concerned authority, the authority will issue the requisite environmental clearance and consent to operate.

8.

With these aforestated directions, the writ petition is disposed of.

9.

There shall, however, be no order as to costs. 10.

Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Reetobroto Kumar Mitra, J.)