Biswanath Sil And Others v. State Of West Bengal And ORS.

19.06.2023 Item No.20 gd/ssd WPA(P)/269/2023 BISWANATH SIL AND OTHERS VS STATE OF WEST BENGAL AND ORS.

Mr. Debasis Sur, Mr. Hare Krishna Halder, Mr. Himadri Sekhar Paul, Mr. Anshuman Patra, Mr. Anujit Maity ..for the Petitioners.

Mr. Rajarshi Basu, Mr. Parikshit Goswami ..for the State.

1. It is submitted by the learned advocate for the petitioners that in the cause-title of the writ petition instead of District-Nadia it has been mentioned as District-South 24-Parganas.

2. The learned advocate for the petitioners is permitted to correct the cause-title.

3.

The petitioners are aggrieved by construction of Solid Waste Management Project at a community level in the gram panchayat. The apprehension of the petitioner is that it will be turned into a dumping ground.

4. The apprehension of the petitioner cannot be total brushed aside because if the solid waste management system is not properly implemented, then it will become a garbage dump. However, since the garbage has to be segregated at the place of where it is generated within the house or in office etc. and the

segregated garbage has to be taken to the solid waste management area to be processed and thereafter be disposed of in accordance with the guidelines.

5. However, we dispose of this writ petition by directing the 5th respondent to ensure that the 9th respondent who is being entrusted with the contract of putting up the project scrupulously implements the project and ensure that the garbage is not dumped and left unattended. In the event the 9th respondent does not do so, the petitioner is granted liberty to report the same to the 2nd respondent, namely, the Block Development Officer who shall immediately issue appropriate instruction to the 5th respondent and the 9th respondent to remedy the breach.

6. With the above observation, the writ petition stands disposed of.

7. Affidavit of service be kept on record.

(T. S. SIVAGNANAM) CHIEF JUSTICE (AJAY KUMAR GUPTA, J.)