The Calcutta High Court has recently directed the Executive Officer, Beldanga Municipality to take an appropriate expeditious action for restoration of the water body in question to its original position in accordance with law, if there is no legal impediment in this regard.
The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj disposed of a Public Interest Litigation (PIL) filed by one Bharat Kumar Jhawar with the grievance that the water body i.e. Garpukur in Dag No.2154 measuring about 1.2050 acres has illegally been allowed to be converted by permission dated 26.08.2021 without creation of the compensatory water body in violation of the provisions of the West Bengal Inland Fisheries Act, 1984.
The counsel for the State informed the Court that since the compensatory water body was not created within the specified time, therefore, by order dated March 8, 2022, the earlier permission dated 26.08.2021 has been cancelled and now the person concerned is required to restore the water body to its original position. It has been pointed out that the respondent no.10 i.e. Executive Officer, Beldanga Municipality is the competent authority to take appropriate action for restoration of the water body.
The counsel for the petitioner has also pointed out Section 17A(10) of the Act of 1984 and has submitted that now the water body is required to be restored to its original position as required by the said provision.
“Having regard to the aforesaid, we dispose of the present petition directing the respondent no.10 to take an appropriate expeditious action for restoration of the water body in question to its original position in accordance with law if there is no legal impediment in this regard. Let this exercise be completed within a period of three months from the date of receipt of a copy of this order”
-the order reads.