ASHIM KUMAR BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These four petitions are filed primarily to question the authority, jurisdiction or expertise of the West Bengal Pollution Control Board to inspect the Auto Emission Testing Centres conducted by the petitioners so as to monitor/control vehicular pollution and to challenge the impugned orders issued against the establishments of the petitioners.

(2.) W.P. No.5362 (W) of 2011 is filed by Sri Ashim Kumar Banerjee who carries on business as the proprietor of Asoke Automobiles at 1, Ultadanga Road, P.O. Shyambazar, P.S. Ultadanga, Kolkata-700 004 and has an AETC at his establishment by virtue of the licence granted on 2.5.2005 by the competent authority i.e. Public Vehicle Department. He has impugned the purported closure order bearing No.405/14K-2/2010 dated 10th March, 2011 issued by respondent No.8, the Chief Engineer, Operation & Execution Cell, West Bengal Pollution Control Board and has sought a declaration that the West Bengal Pollution Control Board does not have any jurisdiction in law to regulate and/or monitor vehicular pollution in the State of West Bengal and/or control and/or monitor the functioning of PUC centres and the Public Vehicle Department is the competent authority and for other ancillary reliefs.

(3.) W.P.No.20962 (w) of 2010 is filed by the petitioners i.e. Auto Emission Testors' Association and others i.e. three members of the association who are having AETC in their respective establishments wherein the association has sought to challenge the orders passed by Assistant Director (Technical), Public Vehicle Department pursuant to the order dated 31st May, 2010 issued by the respondent No.9, officials of the West Bengal Pollution Control Board. W.P. No.11202 (W) of 2010 is filed by the petitioners. Petitioner No.1 is a partner of the partnership firm named and styled "Car Corner (Petrol Pump)" at whose establishment a surprise inspection was conducted by the officials of the West Bengal Pollution Control Board and has been issued with letters dated 1st /5th April, 2010 followed by order dated 13th May, 2010 passed by respondent No.9. Petitioner No.2 is a partner of the partnership firm named and styled "Auto Emission Testing Centre" and petitioner No.3 is also a partner of the partnership firm named and styled "Anderson Auto Services". All the petitioners are running their auto emission testing centres for petrol/diesel vehicles after obtaining licence issued by the office of the Director, Public Vehicles Department.