Sanjit Ponda v. State Of West Bengal And ORS.

05.08.2025 Item No.12 gd/ssd WPA(P)/97/2023 SANJIT PONDA VS STATE OF WEST BENGAL AND ORS.

Mr. Tapan Kr. Mukherjee, Ms. Tuli Sinha ..for the State.

Mr. Soumya Mukherjee ..for West Bengal Pollution Control Board.

1. None appears for the petitioner.

2. The grievance highlighted in this PIL is in relation to alleged illegal filling up of tank/pond situated in Mouza-Habibpur, J.L. No.188, Plot No.488, tank and plot No.487, bank of the tank under jurisdiction of Police Station- Kotwali, District-Paschim Medinipur.

3. The learned counsel for the State has produced the report of the Police dated 14.3.2023 and the same be taken on record.

4. As per this report, the action is being taken by the police authorities.

5. However, prima facie, we are of the opinion that whether or not it is illegal filling up of a tank/pond is to be decided by respondent no.13.

6. This PIL is disposed of by permitting the petitioner to file a fresh comprehensive representation

for the present grievance before respondent no.13 along with copy of this order.

7. In turn, respondent no.13 shall consider and decide the representation in accordance with law within 60 days therefrom. The said respondent may hear the affected parties before taking a final decision. If it was found that the pond in question is illegally filled up, the said authority shall take appropriate action for restoration of the pond.

8. With the aforesaid and without expressing any opinion on the merits of the case, this PIL is disposed of.

(SUJOY PAUL, J) (SMITA DAS DE, J.)