Calcutta High Court (Appellete Side)
Asit Sarkar @ Buddhadeb Sarkar & Ors vs State Of West Bengal & Ors on 9 September, 2013
1
17.
09.09.2013
mb/as
W. P. 22680 (W) of 2010
Asit Sarkar @ Buddhadeb Sarkar & Ors.
Vs.
State of West Bengal & Ors.
Shri Haradhan Banerjee,
Shri Somen Bose,
Shri Amitava Pain.
......For the Petitioners.
Shri Tapan Kumar Mukherjee,
Shri Bikash Kumar Mukherjee.
.....For the State.
Shri Arnab Roy.
....For the Respondent Nos.7 & 8.
Shri Bidyut Kumar Banerjee, Ms. Shila Sarkar.
....For the Respondent Nos.9 to 10.
The writ petition has been preferred by the petitioners by way of public interest litigation. Prayer has been made in the writ petition to prevent from causing any mining operation on R. S. Dag Nos.1158 and 1162 and from filling up plot Nos.1158 and 1162 at least 10 ft. ahead high from the bank of the river Ganges and by placement of boulders for the purpose of protection and prevention of inundation of water of the cremation ground including Satyen Bose Road/barrage. Further prayer has been made to form a High Power Committee to investigate into the matter and to find out the 2 truth and to pinpoint the guilt for not taking the steps in accordance with law.
It is submitted that the dead-bodies of nearby villages are being cremated from the time immemorial at the said land and the dead-bodies of the child also are being put in the graveyard. Most of the villagers belong to Scheduled Caste and Scheduled Tribe communities. They are very much poor. It is further submitted that the private respondents have started mining operation by collecting earth and sand from the Ganges river and the same is being sold to different customers. Thus, illegal mining is taking place on the aforesaid Dag numbers. The same is damaging the cremation ground of Hindu community at the site. Hence, the writ petition has been preferred.
The respondent Nos.1 to 6 have filed affidavit-in-opposition. A report of the B. L. & L. R. O. dated 8.7.2013 has been annexed with the affidavit-in-opposition being Annexure R-1, in which it has been admitted that the R.S. Dag Nos.1161/1282 is classified as "cremation ground" and the same has been using for the said purpose for a long long time. The adjacent R. S. Dag Nos.1158/1162 and R.S. Plot Nos.1161/1182 which were leased out and were used by the private respondents as 'itvata'. However, it appears that the R.S. Dag No.1160 corresponding L.R. Plot No.1332 has been classified as 'khal' which is connected with the 3 river Hooghly, submerge the area during the high tide twice in a day. Regarding the said matter, the concerned O/C has been informed to take steps in accordance with law. Action was taken immediately. The local people also admitted the suit land has been used as cremation ground.
The learned counsel appearing on behalf of the respondent Nos.9 and 10 have also submitted that they are not doing any mining operation on the land being R. S. Dag Nos.1158 and 1162 and they will not do the same in future also.
After hearing the learned counsel for the parties it appears that the facts of the case are not disputed and in view of the submissions made by the learned counsel for the respondent Nos.9 and 10 and also on the basis of the report filed by the State Government, it is ordered that with respect to R.S. Dag Nos.1158 and 1162, as prayed for in the petition, no mining operation shall be carried out henceforth. In case, any mining operation has been done illegally, let D.L. & L.R.O. cause enquiry to be made into the allegations of illegal mining after hearing the affected parties including the petitioner and to pass a reasoned order. It is also ordered that cremation ground shall not be damaged and the respondents shall also consider raising of the height of the bank so as to prevent the destruction of the cremation ground and necessary steps to be taken to prevent the damage of the 4 cremation ground. The cremation ground shall not be damaged and no mining operation shall be carried out in the area in question.
The writ petition is accordingly allowed.
There will be, however, no order as to costs.
Urgent certified photocopies of this order, if applied for, will be made available to the parties subject to compliance with all requisite formalities.
(Joymalya Bagchi,J.) (Arun Mishra,Chief Justice)