Calcutta High Court (Appellete Side)
Sen Pet (India) Ltd. And Another vs The State Of West Bengal And Others on 19 December, 2013
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
19.12.2013
(32)
m.d.
W.P. 36853 (W) of 2013
Sen Pet (India) Ltd. and another
-Vs-
The State of West Bengal and others
Mr. Arindam Mukherjee
Mr. Aryak Dutt
Mr. Saurabh Maitra
Mr. Gaurav Purakayastha
.. for the petitioners
Mr. Jishnu Chowdhury
Ms. N. Banerjee
Mr. Dipak Dey
.. for the respondent no.8
Mr. N.C. Behani .. for Pollution Control Board Though the matter complained of may be more conveniently carried to the Tribunal under the National Green Tribunal Act, 2000, since there is no Tribunal in Calcutta at the moment, the petition has been entertained.
The grievance of the petitioners is that the private respondent has not conformed to the pollution norms and the West Bengal Pollution Control Board has turned a blind eye to the private respondent's acts.
Both the private respondent and the Pollution Control Board deny the allegation and the Pollution Control 2 Board says that upon the examination of the facilities of the private respondent, a "consent to operate" certificate originally issued has been renewed by a letter dated October 10, 2013.
Since the petitioners allege that the measures suggested by the Pollution Control Board from 2003 onwards have not been put in place by the private respondent, the West Bengal Pollution Control Board is directed to conduct an in- depth inspection of the pollution control measures in place at the private respondent's manufacturing facility and file a report when the matter appears next a fortnight after the Christmas Vacation.
Certified website copies of this order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.) 3