Nirmal Das v. State Of West Bengal And ORS.

21.03.2024 Item No.15 gd/ssd WPA(P)/120/2024 NIRMAL DAS VS STATE OF WEST BENGAL AND ORS.

Mr. Indrajit Bhattacharjee, Mr. Murari Mohan Ganguly ..for the Petitioner.

Mr. Arjun Ray Mukhjerjee ..for WBPCB.

Mr. Anjan Bhattacharya ..for the Respondent No.7.

1. By way of this public interest litigation the petitioner alleges that the private respondent, namely, the 7th respondent has illegally put up construction without obtaining building plan approval from the 6th respondent/Gram Panchayat and without obtaining any permission from the West Bengal Pollution Control Board.

2. The learned advocate for the 7th respondent has produced documents before us which shows that as early as on 22.03.2018 the Pollution Control Board has granted consent to establish the unit. Apart from that, the panchayat has also granted building plan approval and the 7th respondent obtained licence from the Food Safety and Standards Authority and there is also an approved building plan. Further, the Block Land and Land Reforms Officer has also granted

permission for re-classification of the land by order dated 07.09.2017.

3. Thus, it appears to be a very stale claim which is sought to be projected before this court solely based upon such an affidavit.

4. Thus, we are not convinced to entertain this application and the same is accordingly dismissed. .

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