Sabitabrata Roy v. State Of West Bengal And ORS.

Item No. 3 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 20.07.2022 Ct-24 WPA 2851 of 2022 Sabitabrata Roy v.

The State of West Bengal & Ors.

Ms. Usha Maity Ms. Anita Khatri Mr. Sakya Maity ... for the petitioner.

Mr. Sujay Bandyopadhyay Mr. Jagajyoti Das Ms. Doyel Dey ... for the Municipality.

Ms. Jayeeta Saha Mr. Sandip Mondal ... for the State.

In compliance of the direction passed by this Court a joint inspection was conducted in the presence of the members of the Midnapore Municipality, the SubDivisional Officer, Midnapore Sadar, the petitioner and the other necessary parties.

The report filed by the Sub-Assistant Engineer, Midnapore Municipality mentions that for a permanent solution to the problem of water accumulation, there is a need of alternative drain in the locality for clearing the filthy water through the existing municipal high-drain. As it appears that the Municipality has opined for construction of an alternative drain in the locality, accordingly, the Chairman, Midnapore Municipality is

directed to take necessary steps for construction of the drain, so that there is no accumulation of filthy water in the area in question.

Necessary steps shall be taken by the Chairman of the Municipality on urgent basis but positively within a period of eight weeks from the date of communication of a copy of this order.

Till the permanent solution to the aforesaid problem is made effective, the Municipality shall arrange for temporary measures to ensure that there is no water accumulation in the area in question.

The Sub-Divisional Officer shall render all necessary assistance to the Municipality for adopting immediate temporary measures for finding a solution to the problem of water accumulation. The petitioner is directed to co-operate with the officers of the Municipality and the Sub-Divisional Officer so that the problem of accumulation of filthy water may be put to rest.

The writ petition stands disposed of.

The report of the Sub-Assistant Engineer, Midnapore Municipality dated July 19, 2022 and the report of the Sub-Divisional Officer, Midnapore Sadar dated July 18, 2022 be retained with the records.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)