Calcutta High CourtWPA(P)/231/2022disposed

All Over International Human Rights Council v. State Of West Bengal And ORS.

2022-10-31Hon'Ble Chief Justice Prakash Shrivastava,Hon'Ble Justice Rajarshi Bharadwaj2 pages

October 31, 2022 Sl. No.28 Court No.1 s.biswas WPA (P) 231 of 2022 All Over International Human Rights Council vs.

The State of West Bengal and others Mr. Gobinda Chandra Baidya, Mr. Bobinda Baidya, Advocates ... for the petitioner Mr. Supratim Dhar, Advocate ... for the State Affidavit of service filed by the petitioner is taken on record.

The allegation in the present public interest petition is that the private respondent No.12 being the elected Member of Babur Mahal Gram Panchayat in connivance with the other private respondents, is cutting the trees and plants on both sides of PWD road and the vacant lands so created are being handed over to the third parties in lieu of lump sum amount of money.

Further allegation is that though on the application of one of the aggrieved persons under Section 144(2) of the Cr.P.C., the SDM, Diamond Harbour, South 24 Parganas had initiated action but nothing has been done and the provision of Forest Act, 1980 is being violated.

Learned counsel for the petitioner has pointed out that the detailed representation dated 02.05.2022 has already been made, but no action on the said representation is taken.

WPA(P) 231 of 2022 Learned counsel for the State has pointed out that the area falls under the non-forest area, therefore the petitioner is required to make a representation to District Forest Officer of South 24 Parganas. Hence, we dispose of the present petition by permitting the petitioner to file a detailed representation to the District Forest Officer, South 24 Parganas, who on receipt of the same will duly look into the grievance of the petitioner and take appropriate action in accordance with law as expeditiously as possible preferably within a period of 3 months from the date of receipt of the representation. The present petition is accordingly disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)