CHANDRA ALIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ petition has been filed by residents of the Municipal Tank Lane of Natunpara area at Ward No. 11 under Baruipur Municipality, 24 Parganas (South). The writ petition has been filed in public interest with prayers for a writ in the nature of mandamus directing the respondents to forthwith restrain from filling up the existing water body/tank fishery Ward No. 11. A further direction is also sought commanding the respondents and the subordinates to restore the water body/tank fishery to its original position Petitioners claim that just opposite to the municipality office there is a big tank fishery measuring about 7 bighas of land. The writ petitioners have attached a revenue map indicating the exact location of the tank. It is further stated that the municipality regularly used to lease the land to interested parties for catching fish. However, about 10 to 12 years ago the municipality constructed a swimming pool within half portion of the tank for betterment and upliftment of the children and people at large of the locality. The area concerning the tank was thereafter encroached upon by some ex/existing class -IV staffs of the municipality like sweeper, road cleaner etc. They constructed about 45 to 50 big structures on the bank of the tank. This tank was sought to be filled up by these encroachers without obtaining any permission from the competent authority. These encroachers were also causing nuisance to the general population of the locality. They had started opening meat shops and other business without licence from the competent authority. They were illegally keeping animals such as pig, cows in the locality. They were also misusing the swimming pool by regularly washing their utensils in the swimming pool water. These residents have generally created an unhealthy atmosphere. These ex -employees were not being shifted by the municipality in spite of their illegal activities.

(2.) BEING aggrieved by the inactions of the municipality in not shifting the encroachers, the section of the residents of the locality filed writ petition No. 19778 (W) of 2004. In this writ petition notice was issued to the West Bengal Pollution Control Board and newspaper report was submitted before the Court which clearly establishes that the water in the swimming pool had been polluted. It was also recorded that some quantity of rubbish was found to have been deposited within the swimming pool water. Some quantity of rubbish was also found deposited in the water body. The report also stated that temporary structures have been developed along the periphery of the watery.

(3.) WE have heard the learned counsel for the parties. We have also perused the entire records.