Atikul Laskar Versus State of West Bengal
Atikul Laskar
Versus
State of West Bengal
Original Application No. 185/2017(EZ)
Coram: Hon’ble Mr. Justice B. Amit Sthalekar, Judicial Member Hon’ble Mr. Saibal Dasgupta, Expert MemberVersus
State of West Bengal
Original Application No. 185/2017(EZ)
Keywords: Environmental Compensation, sub judice, pollution certificate
Decision: Disposed
Date: 22.12.2021
an application was filed against the Respondent No.11, alleging that he was operating an illegal brick field without proper statutory documents, including a pollution certificate. The business was named ‘Beauty Brick Field,’ which was previously known as Samrat Brick Field and now renamed as “M/s Masuda Brick Field.”
The State Board directed the Respondent No.11 to appear before them on 31.05.2018 with all statutory licenses. The Respondent No.11 appeared before the Board, and after hearing the parties, the State Board issued a closure order with disconnection of electricity on 15.06.2018.
The closure order was filed as annexure R-2 at page 29-30 of the paper book, which also mentioned that an inspection of the site was conducted on 22.03.2018, and a report was submitted by the Additional District 3 Magistrate and District Land & Land Reforms Officer, South 24 Parganas, and thereafter the closure order was passed.
In addition, an affidavit was filed by the Respondent No.10, Circle Inspector of Joynagar Circle, Nimpith, Kultoli Police Station, stating that in pursuance of the letter dated 30.01.2019 sent by the Environmental Engineer, West Bengal Pollution Control Board, a First Information Report (FIR) No. 138/19 was lodged against the Respondent No.11 for non-compliance of the order of the West Bengal Pollution Control Board to stop all kind of activities with regard to the brick field being operated by him. A charge-sheet No. 193/19 dated 31.03.2019 under Section 188 IPC has also been submitted before the Court, and the matter is sub-judice before the trial Court.
Furthermore, it was stated in paragraph 6 of the affidavit that a sum of Rs. 9,00,000/- (Rupees Nine Lakhs only) was computed by way of Environmental Compensation, and the Unit-Respondent No.11 was directed to pay the same by Demand Draft in favor of West Bengal Pollution Control Board payable at Kolkata. The Director (HR) WBSEDCL was also requested to take necessary steps for the disconnection of electricity of the industry immediately.
Therefore, the Original Application has now become infructuous and is dismissed as infructuous. However, the West Bengal Pollution Control Board and the ADM & DL&LRO were directed to take action for the recovery of the non-recovered penalty and deposit of the Environmental Compensation in accordance with the law.
