ARUN SANYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Chief Municipal Engineer (M. and C) (Officiating) has submitted a Report stating that garbage was deposited by the public and not by the Calcutta Municipal Corporation people and that throwing of garbage has totally been stopped by the residents of the locality and one Dust Bin has been placed at the spot and now the area is clean.

(2.) We cannot accept the Report as it is because some of the photographs annexed to the petition indicate that Calcutta Municipal Corporation people are dumping the garbages there in order to relieve them from carrying to a longer distance. Secondly the Dust Bin that has been placed are broken and inadequate. It is not understood how it can be said that throwing of garbages have been stopped by the local people.

(3.) Accordingly considering the facts and circumstances of the case we direct the Calcutta Municipal Corporation to clear all garbage that is there and shall take effective steps to see that no garbage is thrown by anybody and fix liability upon such thrower and they should be prosecuted according to the provisions of law by the Calcutta Municipal Corporation and further if there is any watery portion the Calcutta Municipal Corpora-tion shall see that the watery portions are not filled up and/or changed by any means and if necessary they should take police assistance to prevent the illegal activities.