Calcutta High Court (Appellete Side)
Housing Society Ltd vs State Of West Bengal And Others on 25 September, 2023
HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Present:
THE HON'BLE JUSTICE JAY SENGUPTA
WPA 19823 of 2023
Purbachal Stadium Corner Co-operative
Housing Society Ltd.
vs
State of West Bengal and others
For the petitioner Mr. Gourav Dutta
For the State Mr. Suman Sengupta
Mr. Sanatan Panja
For the Respondent No.2. Ms. Soumi Guhathakurata
Ms. R. Alam
For the Respondent No.6. Mr. V.N. Dwivedi
For the WBPCB. Mr. Arjun Roy Mukherjee
Heard on 25.09.2023
Judgment on 25.09.2023
JAY SENGUPTA, J:
A complete copy of the order dated 02.07.20218 passed by
the Environmental Engineer, P.G. Cell, West Bengal Pollution
Control Board, as filed in Court, is taken on record.
Learned advocate appearing for the petitioner submits as
follows. The respondent No.6 is running a school in the locality
where the housing complex of the petitioner society is situated.
Two sound boxes installed outside the school building created
much noise so as to disturb the entire neighbourhood.
Moreover, the school had been using a diesel generator, which is
not permissible as per the law and the fumes coming out of
such generator caused air pollution. An order was passed in
this regard by the Pollution Control Board, but the same has not
been complied with. Only the sound boxes have been
uninstalled from outside the school building.
Learned advocate for the respondent No.6 submits as
follows. A complete copy of the order dated 02.07.2018 passed
by the Pollution Control Board was not annexed with the writ
petition. Only the first page was annexed. From the second
page, it could appear that the order was passed on 02.07.2018
when the petitioner was not present before the forum. This
order was not communicated as required and the matter was
not followed up as directed in the order by the Senior
Environmental Engineer, Camac Street Circle Office, WBPCB
and the Environmental Engineer, Salt Lake Regional Office,
WBPCB. However, after coming to know about the complaint, at
present the school authorities have muted the sound boxes.
However, for assembly and prayer purposes, the sound boxes
would be required and the school authorities undertake to keep
them inside the campus and within the permissible limits.
Moreover, from the very beginning the school authorities had
been using a Kirloskar made green generator. Therefore, there
is no question of fumes coming out towards the residential flats.
However, the school authorities are installing an exhaust
pipeline so that the smoke from the generator, if any, would go
up to a level above the roof of the nearby buildings.
Learned advocate for the State submits that the school
authorities have undertaken some corrective measures.
Learned advocate for the Pollution Control Board submits
that his client had never asked the school authorities not to use
sound boxes. As per stipulation, several sound boxes have to be
used within the campus or in the auditorium within the sound
limit and the same are not to be used between 10 pm to 6 am,
except with special permission.
It appears that the school authorities have already taken
corrective measures in respect of the grievances of the
petitioner.
It is the petitioner's case that they had been using green
generator and are now installing exhaust pipeline so that the
fumes, if any, do not come out at the level of the residential
buildings.
Moreover, the school authorities shall have to be permitted
to use sound boxes for assembly, prayer and other purposes,
however, subject to the norms set by the Pollution Control
Board and in accordance with law.
No further order need be passed in this regard.
With these observations, the writ petition is disposed of.
Urgent certified copy of this order, if applied for, be
supplied to the parties upon compliance of all requisite
formalities.
[ Jay Sengupta, J. ]
SG
