MONOJ KUMAR ROY Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) In this writ petition question of some importance has cropped up.

(2.) The petitioner No. 1 is a resident on the ground floor of premises No. 26/1, C.I.T. Road, Scheme VII M, Kankurgachi, P.S. Manicktola, Calcutta-700 054 and the petitioner No. 2 is a resident of premises No. 23/1, C.I.T. Road, Scheme-VII M Kankurgachi, P.S. Manicktola, Calcutta - 700 054. Both the places are adjacent.

(3.) The petitioners' grievances are that close to their building there is a showroom of Digjam, a well known concern carrying on business in Textile and dress materials and in the said showroom of respondent No. 7 there are huge air conditioning machine, the running of which causes air and noise pollution compelling the petitioners to seek redress by filing complaint before the Pollution Control Board. It is not in dispute that initially certain complaints were filed before the Pollution Control Board and some orders were passed by the Board, but since that could not adequately redress by the grievance of the petitioners, they came up before this Court and filed a writ petition which was numbered as W.P. 8734(W)/99. On that writ petition being filed, a Division Bench of this Court, which was otherwise known as 'Green Bench', was pleased to dispose of the writ petition on the basis of a suggestion made on behalf of one of the parties. From the said order dated 2nd July, 1999, it appears that the suggestion was that a cooling tower should be built at the top of the building where the air conditioners are installed to avoid emanation of hot air from two air conditioners. The said cooking towers were directed to be built within a particular time frame and the West Bengal Pollution Control Board was requested to oversee the construction. The Board was also authorized that in the event their directions are not fulfilled they were at liberty to take appropriate action against the erring party in accordance with law. The said order was passed virtually at the suggestion of the parties.