A Division Bench of the of Calcutta High Court comprising of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee were dealing with a writ petition pertaining to 'critical important issues' touching upon the 'ecologically fragile sector', the Sundarbans.
This Writ Petition pertained to critically important issues touching an ecologically fragile sector within the State of West Bengal. It directly related to the Sundarbans insofar as it was within the territorial expanse of the district of South 24-Parganas and extended in part to North 24- Parganas as well.
It was observed by the Court that the report placed before it indicated that all was not well in Sundarbans. The High Court last week directed the local administration to issue protective orders retraining all illegal activities in the area.
The Bench observed in this respect that:
"There is a deficiency in the modality in the management of that part of the land which has very peculiar ecological and environmental settings as well as flora and fauna, which will be of critical importance in the management of India's geographical environment and ecological matters."
The Court also highlighted that,
"Sundarbans, we are told, is often reckoned as a unit of biodiversity. Apart from having mangroves, it has the potential to be hounded upon by extraneous interests and considerations by unethical use which will be in conflict with laws."
The Court issued the following directions to the District Magistrates of the districts of South 24- Parga or any other authority exercising Section 144 Cr.P.C. Powers:-
(a). Consideration of issues and such protective orders which will restrain all illegal activities in the area in question;
(b). The District Magistrates of the districts of South 24-Parganas and North 24-Parganas having jurisdiction over any part of Sundarbans will ensure that there is absolutely no activity of converting any part of Sundarbans from its "as is where is" condition, as obtained now; &
(c). Those officers and all police officers having jurisdiction over the area under the command of the Director-General of Police of the State of West Bengal will make sure that no violator shall be left without being dealt with in accordance with the law.
Moreover, the Court also made it clear that if any official breaches any directions in that case would invite personal liability in terms of civil and criminal laws.
Lastly, the Court after taking into consideration various reports and materials submitted before the Bench stated that
"the legal nature of Sundarbans with reference to any particular enactment or enactments which would directly apply to the ecologically fragile and critically important area."
Case Details
Case: WPA 8514 of 2020
Petitioner: Kalam Pailan
Respondent: The State of West Bengal & Ors.
Counsel For Petitioner(s) : Mr. Debajyoti Deb
For Respondent(s) : Mr. Jishnu Chowdhury, Mr. Rana Mukherjee, Ms. Manali Ali
Bench: Thottathil B. Radhakrishnan, C.J. and Arijit Banerjee, J.
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