FORUM FOR HUMAN LEGAL AND ECOLOGICAL Vs. UNION OF INDIA
LAWS(CAL)-2012-2-64
HIGH COURT OF CALCUTTA
Decided on February 03,2012

Forum For Human Legal And Ecological Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) The affidavit in opposition filed by Mr. Majumder, learned Advocate appearing for the respondent No. 9, in Court today be kept with the record. We consider that the grievances made by the petitioners in this writ petition, styled as a Public Interest Litigation, is of very serious nature and may involve various water-bodies in course of time and they raise a very serious environmental issue touching upon the lives of everybody. As such it is our desire that the State should constitute a High Power Committee to examine the specific grievances as made out in the writ petition as well as to formulate the policy so that there may not be any occasion for future grievances of this sort. In other words, the Committee should not only prepare a report in the specific cases as made out in the writ petition but also take preventive measures so that the infractions of law complained of in the present petition are not repeated, and even if they are repeated, prompt remedial and preventive measures may be taken by the appropriate designated authorities.
(2.) Mr. Mitra, learned Advocate General present in Court, has assured us in his usual fairness that he would advise the State respondents to constitute this High Power Committee consisting of persons to be decided by the State respondents. We also appreciate one problem which has been highlighted by the learned Advocate General that the State Officials who are likely to be in the High Power Committee may not have a always the expertise in the specific field. We authorise such members of the Committee to appoint persons from respective fields having specialised knowledge in the field to assist the Committee. Let such Committee be constituted within 8(eight) weeks, who shall go through all necessary papers and prepare a report within 12(twelve) weeks thereafter indicating the steps taken by the Committee and shall also propose the ways and means, both remedial and preventive, so that such occurrence may not happen in future. The Committee shall submit its report to the Chief Secretary to enable the State to take steps against those who infringed the law relating to the wetland as also the steps and measures to be adopted to prevent the occurrences in future. Such Committee shall also take into consideration the judicial orders if any, already passed, in any case and/or specific area.
(3.) The Committee before filing the report shall give hearing to the present petitioners and the complainants and all concerned and copy of the report shall be communicated to all concerned within a period of two weeks thereafter.;


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