Biswajit Das v. State Of West Bengal And ORS.

M/L 249 20.06.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 7791 of 2024 Biswajit Das Vs.

The State of West Bengal & Ors.

Ms. Ambiya Khatun Mr. Asif Ikbal Baidya ...for the Petitioner.

Mr. Somnath Ganguli, Ld. AGP Mr. Manash Kumar Sadhu ...for the State.

1. Affidavit of service filed in Court today is taken on record.

2. Status report filed on behalf of the Additional District Magistrate and District Land & Land Reforms Officer, Malda signed on 21st March, 2024 be retained with the records.

3. The prayer of the petitioner for cancelling/suspending the operation of KMH brick filed is pending consideration at end of the West Bengal Pollution Control Board for a considerable period of time.

4. None represents the Pollution Control Board.

5. The report of the ADM & DL&LRO, Malda dated 21st March, 2024 placed before this Court suggests that renewal of the consent to operate of the said brick filed was approved subject to fulfillment of some general conditions.

6. The issue of pollution is to be dealt with by the Pollution Control Board. As none is present on behalf of the

Pollution Control Board, the issue cannot be decided conclusively by the Court.

7. The instant writ petition is, accordingly, disposed of by directing the concerned jurisdictional officer of the West Bengal Pollution Control Board to take necessary steps to consider and dispose of the objection filed by the petitioner in February, 2024 in accordance with law after giving reasonable opportunity of hearing to all the necessary parties by passing a reasoned order.

8. In the event any deficiency is found on the part of the subject unit, then necessary consequential remedial steps shall be taken by the authority.

9. Learned advocate for the petitioner is directed to forward a copy of the objection dated 13th February, 2024 along will all supporting documents to the aforesaid respondent at the time of communicating the order of this Court.

10. The writ petition stands disposed of.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)