Calcutta High Court (Appellete Side)
M. K. Balakrishnan & Ors vs The Union Of India & Ors on 23 June, 2017
Author: Nishita Mhatre
Bench: Nishita Mhatre
23.06.2017
Item No.8
Ct. 1
AB
W.P. 14850 (W) of 2017
In the matter of : M. K. Balakrishnan & Ors.
- versus -
The Union of India & Ors.
And
The affidavit filed on behalf of the Ministry
of Environment, Forest & Climate Change,
Government of India and the order dated 3rd April,
2017 passed by the Hon'ble Supreme Court in Writ
Petition (Civil) No. 230 of 2001.
Mr. Joydeep Kar
Mr. N. C. Behani
Mrs. Papiya Banerjee Behani
......... for the Petitioners
Mr. Kishore Dutta, learned A.G.
Mr. Abhratosh Majumdar, learned A.A.G.
Mr. Soumitra Mukherjee
Mr. Aura Mazumder
............. For the State
We direct that the Ministry of Environment, Forest
and Climate Change (MoEF & CC), Pt. Deendayal
Antyodaya Bhawan, CGO Complex, Lodhi Road, New Delhi
- 110003 and the Central Wetland Regulatory Authority be
added as a party respondent to the present petition. The
East Kolkata Wetlands Management Authority shall also be added as a party respondent to this petition.
By an order dated 8th February, 2017 in Writ Petition (Civil) No. 230 of 2001 the Supreme Court had noted that as a first step the brief documents with regard to 2,01,503 wetlands should be obtained by the Union of India from respective State Governments in terms of Rule 6 of the Wetlands (Conservation and Management) Rules, 2010. The Ministry of Environment, Forest which we have directed to be added as a party respondent shall produce this "brief documents" on record on the returnable date.
In schedule 2 of the East Kolkata Wetlands (Conservation and Management) Act, 2006 a map indicating the boundaries of the East Kolkata Wetlands has been incorporated. However, as the present proceedings deal with the preservation of Wetlands covered by the Ramsar Convention 1971, we direct the State to identify the other wetlands which are governed by the Ramsar Convention 1971 located in the State of West Bengal and to produce the entire map indicating these areas shall be produced on the returnable date.
The office is directed to produce the records in matter No. 2851 of 1992. The office is also directed to carry out the aforesaid amendment and serve the copy of this record to the added respondents.
Place the matter on board on 28th July, 2017.
(Nishita Mhatre, A.C.J. ) (Tapabrata Chakraborty, J.)