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Calcutta High Court (Appellete Side)

Shanti Ganatantra Samhati Mancha & Ors vs Union Of India & Ors on 13 December, 2019

Author: Arijit Banerjee

Bench: Arijit Banerjee

                            1


     9.
 13-12-2019
debajyoti/kole
                                WP 26162 (W) of 2014
                                      with
                                WP 8033 (W) of 2017
                                      with
                                 CAN 3763 of 2018
                                      with
                                WP 9114 (W) of 2014

                 Shanti Ganatantra Samhati Mancha & Ors.
                                   Vs.
                            Union of India & Ors.

                 Mr. Shamim Ahmed
                                            .... For the Petitioners.

                 Mr. Abhratosh Majumdar,
                 Mr. T. M. Siddiqui,
                 Mr. Nilotpal Chatterjee
                                      .... For the State.

                 Mr. N. C. Behani
                                            .... For the P.C.B.


                  1.

Read the earlier orders passed in this matter. This writ petition has been filed as a Public Interest Litigation primarily to deal with the problem of Silicosis which is an ailment suffered by the persons engaged in stone crushing units and other people living in such areas.

2. On 18th November, 2019, it was recorded that the learned Additional Advocate General shall come back with specific instructions regarding constitution of a 2 Committee for redressing the grievance of the petitioners.

3. Today, learned advocates for the parties have handed up a paper to the Court recommending the names of certain officers who may be members of such Committee. The proposed Committee members are:-

(i) Member Secretary, West Bengal State Legal Aid Services Authority,
(ii) Secretary, Directorate of Health Service (DHS),
(iii) Labour Commissioner, West Bengal,
(iv) District Magistrate of North 24-Parganas;

South 24-Parganas; Paschim Burdwan, Birbhum,

(v) Member-Secretary, W.B. Pollution Control Board,

(vi) Two members representing the petitioners.

4. The Member-Secretary, West Bengal State Legal Services Authority shall be the Chairperson of the Committee. The Chairperson shall have the power to co-opt any other person on the Committee as its member as may be deemed fit and as may be necessary for achieving the object of the Committee. The 3 Committee shall take necessary steps in the matter and shall file an interim report as to the progress made on the next date of hearing.

5. Post on 07th February, 2020.

6. The DHS, Labour Commissioner, District Magistrates and the Member-Secretary, WBPCB may, in case of their unavoidable absence, depute officers of their choice to attend the meetings convened by the Chairperson. It is clarified that there will be no quorum rule for the meetings. It will also be open to the Committee to meet at any place as may be decided by the Chairman of the Committee or even through tele-conferencing and video-conferencing.

7. The department will communicate this order to all concerned forthwith.

( Thottathil B. Radhakrishnan, C.J. ) ( Arijit Banerjee, J. )