Banti Biswas And Others v. State Of West Bengal And ORS.

ss/jks 16.03.2022 WPA(P) 21 of 2020 Banti Biswas & Ors.

Vs.

State of West Bengal & Ors.

Mr. Rwitendra Banerjee Mr. Shibasis Chatterjee Mr. Sandip Kundu Mr. Devdutta Pathak ... ... for the petitioners Mr. Pantu Deb Roy, AGP Mr. Pannalal Bandopadhyay ... ... for the State Mr. N. C. Bihani Ms. P. B. Bihani Mr. Soumya Mukherjee ... ... for the respondent no.7 The grievance raised in this petition is in respect of the pilling of the solid waste at dump site in the Berhampore Municipality.

The grievance of the petitioner is that the entire waste collected from the municipal area which includes solid waste, dry waste and domestic hazardous waste at dump site with no segregation of waste and the site is also not covered and no equipment for solid waste management have been installed.

The prayer in the petition is to command the concerned respondent to take effective steps for the solid waste management in terms of the Solid Waste Management Rules, 2016.

Learned counsel for the petitioners has drawn the attention of this Court to Rule 12 which casts certain duties upon the District Magistrate and has referred to the representation dated 05.12.2020 submitted before

the District Magistrate. His further submission is that on the said representation no steps have been taken till now. Learned counsel for the State has no objection in considering the representation and taking appropriate decision after hearing the petitioners as also the concerned officers of the respondent municipality. Hence, we dispose of the present petition directing the respondent no.2, District Magistrate, Murshidabad to consider the petitioners' representation dated 05.12.2020 and take an appropriate decision to redress the grievance of the petitioners after hearing all the concerned parties. Let this exercise be completed within a period of two months from the date of receipt of a copy of this order.

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