Anupam Acharya And ORS v. State Of West Bengal And ORS.

16.01.2025 Item No.25 PG/KS Ct. No.1 W.P.A. (P) 500 of 2024 Anupam Acharya & Ors.

Versus

The State of West Bengal & Ors.

Ms. Sharmistha Podder .........For the Petitioners Mr. Sirsanya Bandopadhyay, Ld. Standing Counsel Mr. Ritesh Kr. Ganguly .....For the State

1. In this public interest writ petition, the petitioners allege that a health centre is being constructed on a land, which has been classified as "burning ghat".

2. Identical issue came up before this Court in W.P.A. (P) 108 of 2024 and this Court found that construction of a health centre is also in public interest. Apart from that the construction has already been completed but portion of the property is still continuing to be retained as burning ghat.

3. The authorities shall ensure that the burning ghat is preserved and it will be advisable to have a boundary wall around the burning ghat so that the health centre will not be affected on account of the cremation done in the burning ghat.

4. With the above observations, writ petition stands disposed of.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)