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High CourtsDivision Bench(1998) 06 CAL CK 0033

Arun Sanyal and Others vs State of West Bengal and Others

Calcutta High Court · Decided on 9 June 1998 · Citation: AIR 1998 Cal 331

HON’BLE JUDGES
Ronojit Kumar Mitra, J · B.P. Banerjee, J
CASE NUMBER
Writ Petition No. 7702 (W) of 1998

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Judgment

6 paragraphs · 350 words
1.

The Chief Municipal Engineer (M. & C) (Officiating) has submitted a Report stating that garbage was deposited by the public and not by the Calcutta Municipal Corporation people and that throwing of garbage has totally been stopped by the residents of the locality and one Dust Bin has been placed at the spot and now the area is clean.

2.

We cannot accept the Report as it is because some of the photographs annexed to the petition indicate that Calcutta Municipal Corporation people are dumping the garbages there in order to relieve them from carrying to a longer distance. Secondly the Dust Bin that has been placed are broken and inadequate. It is not understood how it can be said that throwing of garbages have been stopped by the local people.

3.

Accordingly considering the facts and circumstances of the case we direct the Calcutta Municipal Corporation to clear all garbage that is there and shall take effective steps to see that no , garbage is thrown by anybody and fix liability upon such thrower and they should be prosecuted according to the provisions of law by the Calcutta Municipal Corporation and further if there is any watery portion the Calcutta Municipal Corporation shall see that the watery portions are not filled up and/or changed by any means and if necessary they should take police assistance to prevent the illegal activities.

4.

We make it clear that we are reminding the Calcutta Municipal Corporation that they are under statutory obligation to clean the garbage and/or to collect the garbage so as to keep the city clean.

5.

Further the Calcutta Municipal Corporation is also directed to see that if any plan is submitted by anybody for construction of a house on this place the Calcutta Municipal Corporation shall not grant permission because if the same was originally this a part of the pond and the character of the land was otherwise and was filled up by surreptitious means.

6.

The writ application thus stands disposed of. Let plain xerox of this order be given to the parties for communication.