The division judge bench of Chief Justice U.U Lalit and Justice J.B Pardiwala of the apex court in the case of Golam Gazi V. The state of west Bengal & Ors transferred the petition of diversion of the flow of water to the Calcutta High Court and direct the Registry of the Calcutta High Court to register the same as public interest litigation under Article 226 of the Constitution of India and place it before the appropriate Court for disposal.
BRIEF FACTS
The writ petitioner in the case submits before the court that Respondent No. 2 in this case is attempting to divert the flow of the river for personal gain by cutting the river embankment, prejudicing the interests of the entire population coming from the surrounding villages.
COURT’S OBSERVATION
The Hon’ble top court held that since the matter concerns the area in West Bengal, rather than entertaining the petition under Article 32 of the Constitution of India, the better course would be to agitate the same issues through a petition filed under Article 226 of the Constitution of India. Therefore, transfer this petition to the Calcutta High Court and direct the Registry of the Calcutta High Court to register the same as public interest litigation under Article 226 of the Constitution of India and place it before the appropriate Court for disposal.
CASE NAME- Golam Gazi V. The state of west Bengal & Ors
CORUM- Chief Justice U.U Lalit and Justice J.B Pardiwala
DATE- 30.09.22
CITATION- Writ Petition (Civil) No.801/2022
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