Rashmi Metaliks Limited Anad ANR v. State Of West Bengal And ORS.

25.07.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 15665 of 2025 Rashmi Metaliks Limited & Anr.

-versus The State of West Bengal & Ors.

Mr. Suddhastva Banerjee, Mr. Shounak Mitra, Mr. Zulfiqaur Ali Alquadari, Ms. Akshita Bohra, Mr. Aditya Sarkar.

...For the Petitioners.

Mr. Dipanjan Datta, Sr. Govt. Adv, Ms. Mousumi Halder Chowdhury, Mr. Parikshit Goswami.

...For the State.

Ms. Labanyasree Sinha.

...For the Respondent Nos. 8 to 17.

1.

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

2.

The petitioners allege that the private respondents are preventing the petitioners from entering into their own land for raising construction in accordance with the permissions/licences issued by the competent authority.

3.

The aforesaid contention of the petitioners is denied by the learned advocate appearing on behalf of the respondent nos. 8 to 17. It has been submitted that the private respondents are peacefully protesting setting up of factory by the petitioners at the said plot as the same will cause pollution by way of depleting the

ground water level and also result in deterioration of the quality of the ground water in the area.

4.

Learned advocate appearing on behalf of the State respondents submits that the police will certainly take steps, if any event of violence or breach of peace is noticed. The allegation made by the petitioners is denied by the State respondents.

5.

Be that as it may, as it appears that the private respondents categorically deny any involvement in preventing the petitioners from entering into or making any construction over the subject land, accordingly, the instant writ petition is disposed of by observing that it will be open for the petitioners to enter into their land for raising construction strictly in accordance with the plan sanctioned/permission granted by the competent authority.

6.

In the event the petitioners face any resistance at the hands of any of the private respondents, it will be open for the petitioners to approach the police authority who will provide necessary help to the petitioners including providing police protection.

7.

As the writ petition is disposed of without calling for any affidavits, the allegations made therein are deemed not to have been admitted by the respondents.

8.

The writ petition stands disposed of.

9.

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

( Amrita Sinha, J.)