Calcutta High Court (Appellete Side)
Clc Tanners' Association & Anr vs State Of West Bengal & Ors on 20 February, 2025
Author: Amrita Sinha
Bench: Amrita Sinha
D/L 3 & 4
20.02.2025
Court No.14
PRADIP
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 3593 of 2024
(CAN 1 of 2024)
CLC Tanners' Association & Anr.
Vs.
State of West Bengal & Ors.
Mr. Bikash Ranjan Bhattacharya, Sr. Adv.
Mr. Biswaroop Bhattacharya
Mr. Akbar Ali
Ms. Neelanjana Ghorui
... for the Petitioners.
Mr. Jayanta Mitra, Sr. Adv.
Mr. Santanu Mitra
Mr. Subhabrata Das
...for the State.
Mr. Jaydip Kar, Sr. Adv.
Mr. Dr. Madhusudan Saha Ray
Mr. D. Mukherjee
Ms. D. Dey Nayak
...for the respondent no. 8.
Mr. Sarvapriya Mukherjee Mr. Bikahs Shaw ...for the respondent no. 7.
Mr. Avishek Guha Ms. Shilpa Das Ms. Arunika Dutta ...for the respondent nos. 5 & 6.
With WPA 23438 of 2024 (CAN 1 of 2024) CLC Tanners' Association & Anr.
Vs. State of West Bengal & Ors.
Mr. Bikash Ranjan Bhattacharya, Sr. Adv. Mr. Biswaroop Bhattacharya Mr. Akbar Ali Ms. Neelanjana Ghorui ... for the Petitioners.
Mr. Jayanta Mitra, Sr. Adv.
Mr. Amal Kr. Sen Ms. Sahina Sumi ...for the State.
Mr. Jaydip Kar, Sr. Adv.
Mr. Dr. Madhusudan Saha Ray Mr. D. Mukherjee Ms. D. Dey Nayak ...for the respondent no. 11.
2Mr. Sarvapriya Mukherjee Mr. Bikash Shaw ...for the respondent no. 10.
1. Leave granted to the advocate on record of the petitioners to amend the cause title of both the writ petitions by adding Sector VI Industrial Township Authority as party respondent.
2. Two writ petitions with regard to the Calcutta Leather Complex were filed in the year 2024 and are pending consideration. The matters were mentioned citing urgency
3. The immediate relief which the petitioners seek is against a communication made by the Chief Executive Officer of Sector VI Industrial Township Authority (ITA) to the General Secretary of the Calcutta Leather Complex Tanners Association, requesting them to hand over the EPSs (EPSs 1 to 5 &7) along with associated pipe lines/network to Sector-VI ITA urgently.
4. According to the petitioners, they are operating and maintaining the affluent treatment plants for a long time in accordance with the agreement dated 18th May, 2005 entered into between the Government of West Bengal, petitioners' Association and one M.L. Dalmiya & Co. Ltd., the private respondent herein.
5. In terms of the said agreement, the Association has the power and the authority to levy interest/damages/penalty on any tannery in the Calcutta Leather Complex, for late payment or non-payment and its periodical dues and in case of non- payment of the dues the Association has the power and the authority to interrupt any tannery, access to infrastructure assets and/or interrupt services till such time dues are paid and also in case of non-payment or violation of the pollution norms, inform the pollution control authorities to enable such authorities to take up steps against the defaulting tanneries. 3
6. As per the Government of West Bengal and the Association all infrastructure assets mentioned in Clause 4 of the subject agreement will remain the property of the government to be used solely for the benefit of the tanneries and other units in the leather complex till completion of payment of capital levies as mentioned in the agreement. On full payment of the capital levies the government shall transfer to the Association limited rights of ownerships of the infrastructure assets.
7. In a high level meeting held on 27th November, 2023 of the members of the committee for ITA it was inter alia decided that, the Sector-VI ITA will gradually take over the operation and maintenance of all infrastructure and provide all specific maintenance and collect user charges from the industries in the Calcutta Leather Complex which is currently been done by the petitioner's Association and KMDA will ensure that the effluent treatment plant nos. 3 & 4 is upgraded. All the workers/land losers who have been working in the Calcutta Leather Complex under the supervision of the petitioners will be retained under the aegis of KMDA/Sector VI ITA and be placed within the complex, or any nearby office.
8. A review meeting was held on 18 July, 2024 wherein it was decided that the scheme taken up by KMDA for renovation and upgradation of old effluent transportation system will be reconsidered again and in case the petitioner's Association wants to construct the effluent transportation system based on higher specification design then, they will deposit the extra amount necessary with KMDA and KMDA shall inform the Association the additional requirements of funds (in excess of Rs. 53 Crore as per the approved estimate) for migration from old to new scheme. The operation and maintenance of all CETPs, associated pipelines and the pumping stations shall be 4 handed over to Sector VI ITA authority by the Association immediately.
9. In view of the communication made on 18th January, 2025 the petitioners' apprehend that the respondent authorities will immediately take over charge of the operation and management of the water treatment plants.
10. Prayer has been made to restrain the respondents from taking over charge of the water treatment plants which were so long maintained by the petitioners.
11. Upon hearing the parties it appears that, admittedly, the petitioners are operating the said effluent treatment plants for a long period of time in accordance with the agreement entered into by and between the parties in the year 2005.
12. According to the provisions of Section 385A and 385B of the West Bengal Municipal Act, 1993 the Industrial Township has been constituted. It has been submitted that, the State Government is taking steps to act in terms of the direction passed by the Hon'ble Supreme Court in the matter of M.C. Mehta (Calcutta Tanners' Matter) Vs. Union of India & Ors. reported in (1997) 2 SCC 411.
13. Whether the petitioners can continue with the operation and maintenance of the effluent treatment plants after coming into existence of Sector VI ITA is to be decided.
14.The respondents will be at liberty to file their affidavit-in- opposition within a period of four weeks from date. Reply, if any, may be filed within a fortnight thereafter. Liberty to mention the matter for hearing.
15. As the petitioners are operating and maintaining the effluent treatment plants for more than a decade, the respondents are temporarily restrained from disturbing the day to day business affairs of the petitioners. The respondents are also restrained from taking forcible steps against the petitioners on the plea of 5 transition from the old to the new services. The upgradation shall be made in a peaceful manner.
16.It will be open for the parties to enter into talks of settlement so that the issues can be resolved amicably, as the same is a matter of public interest.
17. The agreement dated 18th May, 2005, in accordance with which the parties are operating, contains a dispute resolution clause. It will also be open for the aggrieved party to avail the said mechanism as mentioned in the agreement.
18. Liberty granted to the parties to mention the matter in the event further clarification is required.
19.Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.
(Amrita Sinha, J.)