AMITAVA GANGULY Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Mr. Abhrajit Mitra, learned Counsel appearing for the petitioner submits that they have been able to contact the School of Tropical Medicine, Kolkata and the authorities of the hospital are willing to conduct the tests at a reasonable rate and they are willing to get these tests done at the School of Tropical Medicine provided the Kolkata Municipal Corporation forwards the requisite samples to the hospital. Mr. Banerjee, learned Counsel appearing for the Kolkata Municipal Corporation submits that if the Court so directs they have no difficulty in forwarding the samples. In such view of the matter, Kolkata Municipal Corporation shall directly send the samples in their custody to the authorities of the School of Tropical Medicine and shall send an intimation to the petitioner about it. Upon receipt of such information the petitioner shall forthwith pay to the School of Tropical Medicine the necessary fees and charges for conducting the tests.

(2.) Likewise the respondent no.9 shall also send the samples to the School of Tropical Medicine for conducting the requisite tests.

(3.) Although in a case like this it is the petitioner who should normally bear the expenses for conducting such tests Mr. Jayanta Mitra, ld. Senior Counsel appearing for the respondent no.9 submits very fairly that since this is a public interest litigation in larger public interest his client will bear the expenses for such test.