Disposed

Satghariya M.J. Industrial Park Cultural Association and Anr. v. State of West Bengal and Ors.

Calcutta HC22 Feb 2022WPA/672/2022

Case brief

AI extract

What is this about?

The Court directed the Beldubi Gram Panchayat and interested parties to hold a joint meeting to work out modalities for draining storm water accumulating at the petitioner's industrial premises, clarifying that no rights were adjudicated.

What did the court decide?

Direction to the Beldubi Gram Panchayat and parties to hold a joint meeting to work out modalities for draining storm water.

Satghariya M.J. Industrial Park Cultural… — Writ and Judicial Review | Calcutta HC (2022)

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22.02.2022 Court No.13 Item No.17 sp

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WPA 672 of 2022 Satghariya M.J. Industrial Park Cultural Association & Anr. Vs. The State of West Bengal & Ors.

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(Through Video Conference)

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Mr. Suddhasatva Banerjee, Mr. Pradeep Kumar Upadhyay, Mr. Sandeep Joshi, Mr. Mahesh Joshi, Mr. Kajal Kr. Dutta, Ms. Moumita Dhar Mr. Jishnu Chowdhury, Ms. Manali Ali Mr. Susanta Pal, Mr. Tanjir Ali Mr. Pushan Kar, Mr. Sagnik Majumdar, Mr. D. Ghosh

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... for the petitioners.

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…for the State …for the respondent no.7 …for the respondent no.8

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The issue concerns the accumulation of storm water inside the petitioners’ premises, which is not flowing out. As a consequence thereof, the petitioners’ industrial park is flooded and cannot be used.

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The State has submitted a short report indicating that the obstruction is in a private ‘khal’ outside the petitioners’ premises, which leads to a public drainage. The storm water from the petitioners’ premises is required to flow through the said private ‘khal’ into a public drainage. The ‘khal’ is stated to have been maintained by the local villagers.

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This Court does not wish to enter into the question as to whether a ‘khal’ can be privately owned or not. The respondent no.8, who is an original promoter, submits that since possession has been handed over to the petitioners, they have no liability whatsoever in the matter. The petitioners remain at sea.

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With a view to alleviate the situation, this Court directs the Beldubi Gram Panchayat and any petitioner and respondent to hold a joint meeting and work out the modalities for any solution temporary or permanent for the purpose of draining out water from the petitioners’ land.

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It is clarified that this Court has not, in any manner, adjudicated any of the rights and contentions of the parties. The endeavour of the Court is only towards arriving at an appropriate solution in the interest of all parties.

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The meeting between the parties shall explore implementation of the communication dated August 23, 2021 being Annexure – P/12 of the writ petition. For the aforesaid purpose, the said document may be circulated afresh amongst all interested parties as mentioned hereinabove.

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It is expected that the State authorities including the Beldubi Gram Panchayat shall be conscious of their statutory responsibility.

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With the aforesaid observations, the writ petition is disposed of.

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There shall be no order as to costs.

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All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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(Rajasekhar Mantha, J.)

Satghariya M.J. Industrial Park Cultural Association and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Satghariya M.J. Industrial Park Cultural Association and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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