Panchanan Dutta v. State Of West Bengal & ORS

09.11.2022 Court No. 19 Item no.65 CP WPA No. 24173 of 2018 Panchanan Dutta Vs.

The State of West Bengal & Ors.

Mr. Uttam Kumar De ... for the petitioner.

Mr. Ziaul Islam Mr. A. H. Molla ...for the State.

It is contended by the petitioner that the drainage system which had been constructed by the concerned authority, was not effective and the dirty water as also the rain water collect near the residential areas of the petitioner and other local villagers. As a result of which, the area is often inundated and the water logging serves as a breeding ground for mosquitoes and other diseases.

The writ petition is disposed of granting liberty to the petitioner to approach the Chairman, Tarapith Rampurhat Development Authority with his grievances.

If such application is filed, the same shall be disposed of by the concerned authority in accordance with law. An inspection in presence of the petitioner and the local people shall be conducted, and remedial measures shall be taken. The local body

and its members shall also be present at the inspection.

It is the bounden duty of the state to ensure that the citizens live in a clean and healthy environment. Hence, this order is being passed to ensure that all the authorities take necessary steps to see that the sewerage system operates effectively in the area in question. Necessary steps shall be taken by the authority and the panchayat.

The entire exercise shall be completed within a period of ten weeks from the date of receipt of the petitioner's representation.

This court has not entered into the merits of the allegations and the entire issue shall be decided independently.

Disposal of the writ petition shall not prevent the petitioner from approaching the National Green Tribunal with regard to the other allegation of pollution of the nearby river, and the failure of the authorities to restore the same.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)