Calcutta High Court (Appellete Side)
Shanti Ganatantra Samhati Mancha vs Union Of India & Ors on 28 November, 2018
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
28.11.2018.
Item no. 3.
Court No. 1
pd/ap
W.P. No. 26162 (W) of 2014
Shanti Ganatantra Samhati Mancha
Versus
Union of India & Ors.
With
W.P. No. 8033 (W) of 2017
With
CAN 3763 of 2018
Bijan Paik & Ors.
Versus
The State of West Bengal & Ors.
Mr. Samim Ahammed,
Mr. Arka Maiti.
...For the Petitioners
in W.P. No. 8033 (W) of 2017.
Mr. Abhratosh Majumdar, Ld. A.A.G.
Mr. Sirsanya Bandopadhyay, Ld. Jr. S.C.
Mr. Nilotpal Chatterjee,
Mr. Arka Kumar Nag.
..For the State.
These writ applications have been filed by the respective writ
petitioners for issuing appropriate Writ or Writs commanding the
Authorities of State of West Bengal to facilitate regular medical check up
and/or assistance as also to compensate the 'victim of Silicosis', which is
a occupational lung disease caused by inhalation of crystalline silica
dust.
By an order dated October 3, 2018, we directed the State
Government to prepare Silicosis Rehabilitation Policy for treatment,
2
compensation and rehabilitation as a welfare scheme as also to make
necessary arrangements for regular check up, diagnosis and treatment
regularly to 'Silicosis Victims' residing in all villages concerned and to
submit a report in the matter before this Court on the next date of
hearing.
Today an affidavit-in-opposition is filed by Abhratosh Majumdar,
learned Additional Advocate General on behalf of the State respondents.
Let the same be kept on record.
It is submitted by the learned Additional Advocate General, West Bengal, in his usual fairness, that State will not stand in the way as this is not an adversarial litigation and all possible steps will be taken in respect of Silicosis Victims.
Having heard the learned Additional Advocate General, West Bengal as also considering the aforesaid affidavit-in-opposition, we find that Government of West Bengal has already framed a Policy under the name "Protocol for Prevention and Treatment of Silicosis in stone crusher industries". The same has been annexed to the aforesaid affidavit-in- opposition (Annexure - R/5 at page 58).
Affidavit-in-reply to the above affidavit-in-opposition be filed within December 5, 2018.
Let these matters appear in the Daily Supplementary Cause List on December 12, 2018 along with the other writ application bearing W.P. No. 9114 (W) of 2014 under the same heading on top. 3
We make it clear that pendency of these writ applications will not prevent the State Government to take necessary steps for medical check up and/or assistance as also to compensate the 'victim of Silicosis' of the areas concerned within the State of West Bengal in terms of the aforesaid policy.
(Debasish Kar Gupta, C.J.) (Shampa Sarkar, J.)