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Calcutta High Court (Appellete Side)

Environment Awakening vs Kolkata Metro Railway on 20 December, 2019

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20.12.2019
 Item no. 01

  Aloke/Dd                 WP 15506 (W) of 2019

                                   Paribesh Academy For
                                  Environment Awakening
                                            Vs.
                                   Kolkata Metro Railway
                                 Corporation Limited & Ors.


                Mr. Saptansu Basu, ld. sr. adv.
                Mr. Ritzu Ghosal
                Mr. Sourabh Mitra
                            ... ... For the Petitioner

                Mr. Jishnu Saha, Ld. Sr. adv.,
                Mr. Ranjan Bachawat, Ld. Sr. adv.,
                Mr. Jishnu Chowdhury, adv.,
                Ms. Sreya Basu Mallick, adv.
                            ... ...For the Respondent no. 1

Mr. Kishore Dutta, Ld. AG Mr. T. M. Siddiqui Mr. Nilotpal Chatterjee ... ...For the State Mr. Aloke Ghosh Mr. Arijit Dey .. ...For the KMC The present application by KMRCL is for permission to continue with the work which was stopped after the mishap. According to KMRCL and its experts, a state has been reached where without any further potential threat to person or property in the locality further activity to give complete effect to the project can be carried forward. Fundamentally, we see that the issue in hand would fall within the scope of Disaster Management which has a preventive as well as 2 curative component going by the provisions of the Disaster Management Act, 2005.

Learned Advocate General, in answer to our query submits that there is a State Disaster Management Authority for the State of West Bengal. Obviously, therefore, by exercising their powers, the State Executive Committee and the State Disaster Management Authority with its statutory jurisdiction and powers flowing through Sections 23 and 24 and elsewhere of the DM Act can have requisite review of the proposals of KMRCL. The State Disaster Management Authority would also have authority to ensure protective and curative management of issues that fall within the definition of the word 'disaster' in the DM Act. The term 'disaster management' as contemplated by the Parliament for the purpose of the DM Act is wide enough to take within its sweep factors which are to be focused on to prevent disaster being caused, either manmade or otherwise, and also to provide curative measures with best possible scientific assistance.

For the aforesaid reason, we direct the West Bengal State Disaster Management Authority and its State Executive Committee to consider the present proposal of KMRCL. It would be worthwhile if the competent Authorities and officers in the State Authority and the State Executive Committee hold requisite discussions with the officers, advisors and experts of KMRCL and take a call on the proposal of the KMRCL. It will also be open to the petitioner to make its written representations to the State Executive Committee of the West Bengal State Disaster Management Authority at the earliest.

We further direct that the consideration as stated hereinabove be concluded and the views of the State Disaster Management Authority and the State Executive Committee be placed before us on the next date of hearing.

We also leave it open for the District level Disaster Management Committee and the District level Executive Committee, as the case may be, to consider the matter if it lies exclusively within its domain.

Let the matter be posted on 7th January, 2020.

[Thottathil B. Radhakrishnan, C.J] [Arijit Banerjee, J.]