Calcutta High Court (Appellete Side)
15441W/2010 on 21 January, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
W.P. 15441 (W) of 2010
01 21.01.11 W.P. 15441 (W) of 2010
With
W.P. 2655 (W) of2007
With
W.P. 20645(W) of 2010
Mr. Saptangsu Basu,
Mr. Oradeep Kr. Jewrajka,
Ms. Ananya Das.
...For the Petitioners.
(in W.P. 15441(W)/10)
Mr. Anindya Mitra,
Mr. Abhrajit Mitra,
Mr. J. Chowdhury,
Mr. C. Gupta.
Mr. Rajesh Upadhyay.
...For the Petitioners
(in W.P. 20645(W) of 2010.
Mr. Balai Chandra Ray, Ld. Adv. General,
Mr. Sandip Srimani,
....For the State.
Mr. Kallol Basu.
.....For W.B.P.C.B.
We have heard the learned counsel appearing for
the petitioners in the two writ petitions, the learned
Advocate General and the learned counsel appearing for the
West Bengal Pollution Control Board.
In the midst of hearing, our attention has been
drawn to certain facts by the learned counsel appearing for
the Pollution Control Board particularly in respect of
Resolution No. 102 taken in the Board meeting held on 3rd
October, 2007 and the proceedings of the 113th meeting
2
W.P. 15441 (W) of 2010
dated 2nd November, 1999 which pertains to fixing the noise
level of fire crackers and provides ban, sale or use of fire
crackers generating noise level exceeding 90 dB(A) impulse
at a distance of 5 meters from the source and to specifically
ban, sale or use of the fire crackers set out in the minutes
of the meeting which have been tested by the board and
found to exceed the said noise level .
It will be proper that those proceedings are placed
on record along with an affidavit so that due notice of the
same is given to the petitioners, who can file their reply so
that the matter can be taken up for hearing on the next
date.
Supplementary affidavit to be filed by the
respondents within a period of two weeks and reply thereto,
if any, be filed by the petitioners within a week thereafter.
Let the matter be listed before the Court on 4th March, 2011 at 2-00 P.M. Photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned counsel for the parties on usual undertaking.
(J.N.PATEL,CHIEF JUSTICE) (ASHIM KUMAR ROY, J.) 3 W.P. 15441 (W) of 2010