Samiran Co-operative Housing Society LTD. Versus Lopamudra Ghosh,
Samiran Co-operative Housing Society LTD.
Versus
Lopamudra Ghosh,
Original Application No. 127/2017 (EZ)
Coram: Hon’ble Mr. Justice B. Amit Sthalekar, Judicial Member Hon’ble Mr. Saibal Dasgupta, Expert MemberVersus
Lopamudra Ghosh,
Original Application No. 127/2017 (EZ)
Keywords: poultry farm,nuisance
Decision: Disposed
Date: 23.12.2021
The case in question involves an Original Application filed by an Applicant alleging the violation of directions given by the Tribunal in a previous order dated March 1, 2017, passed in Original Application No. 83/2016/EZ. The original application was filed by the same Applicant alleging pollution caused in their society due to an illegal pigeon poultry farm located on the 10th floor flat of the Megha Mallar Apartment Complex occupied by Respondent No.1, Ms. Lopamudra Ghosh.
The Tribunal had directed Respondent No.1 to stop feeding the pigeons in its order, and the photographic evidence submitted did not show compliance with this direction. The Tribunal had also directed the Kolkata Municipal Corporation to provide appropriate netting in front of Flat No. 10 C/1 and five other flats in close proximity to prevent birds from returning on the balconies and rooftop and entering the rooms of Flat 10 C/1.
However, it was found that Respondent No.1 had created hindrances in the compliance of the directions given by the Tribunal, resulting in the violation of the directions given in its order dated March 1, 2017. Therefore, the Tribunal directed the Kolkata Municipal Corporation and the District Magistrate to take steps to remove all the birds from the residence of Respondent No.1 and to put up a wire netting in front of her flat, covering the balcony in such a manner as to prevent birds from entering the flat.
If Respondent No.1 resists the efforts of the Kolkata Municipal Corporation or the District Magistrate in carrying out the directions, the said authorities shall take the assistance of the District Superintendent of Police. In case Respondent No.1 removes the wire netting or damages the same in such a manner that it would give egress and ingress to pigeons or other birds to enter inside Flat No. 10 C/1 of Respondent No.1, the District Magistrate shall proceed to lodge FIR against Respondent No.1.
The Kolkata Municipal Corporation shall take steps for removing the nuisance created by Respondent No.1, and the cost of which shall be recovered from Respondent No.1. With these directions, the Original Application No. 127/2017/EZ was accordingly disposed of.
