Tripura High Court
Shri Ashish Sengupta vs The State Of Tripura And Ors on 2 August, 2022
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C)(PIL) No.29 of 2021
Shri Ashish Sengupta
............................ Petitioner(s)
Vs
The State of Tripura and Ors.
......................... Respondent(s)
For Petitioner(s) : Mr. Sankar Kr. Deb, Sr. Advocate,
Mr. Bidesh Debnath, Advocate.
For Respondent(s) : Mr. Debalay Bhattacharya, G.A.,
Mr. Ratan Datta, Public Prosecutor,
Mr. S. Saha, Advocate.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
_O_R_D_E_R_
02/08/2022
(Indrajit Mahanty, C.J.)
Heard learned counsel for the respective parties.
This Court had issued notice in this matter vide order dated
20.12.2021 and while issuing notice in the matter, the respondents were
called upon to file an affidavit in response to the averments contained in the
writ petition and in particular, whether the tanks of which complaint has
been made in the present petition have been placed before the committee
created for monitoring the water bodies and if so, what is the decision of
such monitoring committee as well as to indicate as to whether the
representation dated 13.01.2020 under Annexure - 5 made by the petitioners
had been dealt with or not.
A reply has come to be filed by the State respondents No. 4 and
5 which contains the views of Sub-Divisional Magistrate, Kailashahar as
well as the Kailashahar Municipal Council but the reply does not contain
any report of the committee constituted by the State under Annexure -3
dated 11.04.2018.
On the other hand, Respondent No. 3 i.e. the Tripura State
Pollution Control Board has filed reply and made the following
recommendations:
"4. Recommendations:
From the field level verification of Kali Dighi, Katal Dighi & Pond
near the RGM Hospital, it is recommended to take following action at
the earliest -
(i) Immediate renovation of pond located near RGM hospital is
necessary for restoration of environmental quality of said
pond. At the same time, removal of solid waste from the
southern bank is also immediately required.
(ii) The proper provision for free movement of aquatic life, natural
slope surrounding the 3(three) ponds be using eco-friendly
materials/ intervention like earth mounding geo-textile,
bamboo, grass etc for protection and preservation of
ecosystem and environmental balance of water bodies.
(iii) Kailashahar Municipal Council may be requested to ensure
compliance of statutory guidelines and also to ensure that no
solid waste and sewage is entered into 3(three) ponds/ water
bodies under any circumstance."
It would also be pertinent to take note of the fact that after
disposal of WP(C) PIL No.2 of 2014 by Judgment and Order dated
16.08.2016 a statutory guideline has been issued by the Department of
Science, Technology & Environment, Government of Tripura dated
24.05.2017.
It is, therefore, clear from the above that the statutory
guidelines would apply to all concerned and cannot be deviated with and we
are of the considered view that the writ petition ought to be allowed
specifically directing all the respondents to ensure that the recommendations
made by the respondent No.3 i.e. Tripura State Pollution Control Board, and
particularly Para - 4 of the same as quoted hereinabove be strictly complied
with both in latter & Spirit within a period of 3(three) months from today.
In terms of the above, this writ petition stands disposed of. Stay
order granted earlier, if any, stands vacated. Pending application(s), if any,
also stands disposed of.
(S.G. CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ
Munna S
