KABIR LAHIRI Vs. COMMISSIONER, HOWRAH MUNICIPAL CORPORATION
LAWS(CAL)-2013-11-13
HIGH COURT OF CALCUTTA
Decided on November 18,2013

Kabir Lahiri Appellant
VERSUS
Commissioner, Howrah Municipal Corporation Respondents

JUDGEMENT

- (1.) THE Pollution Control Board as well as the Howrah Municipal Corporation received complaints about a 'Khatal ' in existence inside the Math creating pollution in the surrounding area. Pursuant thereto, an inspection was held on 22nd April, 2013, wherefrom it appears that the Inspecting Officer found existence of a room in which domestic animals were kept. The said room was found to be unclean and the person in -charge of the Math was informed about the same and was asked to produce relevant papers and permissions to keep such animals inside the Math. The Math, respondent no. 6 was unable to produce any document.
(2.) PRIOR thereto, it appears that on 25th March, 2013 the Commissioner, Howrah Municipal Corporation addressed a letter to the Math informing that existence of such kind of cowshed is very harmful and becomes breeding place of mosquitoes, which causes diseases like malaria, dengue and other fatal diseases. Moreover, the pungent gas is also very unhealthy to the people of the area. The said Math was asked to obtain necessary license from Howrah Municipal Corporation for the said 'Khatal ' within the premises of Sankar Math. Thereafter an inspection was held and respondent no. 6 was unable to produce any application seeking any license from the Howrah Municipal Corporation for the said 'Khatal '. In the aforesaid facts and circumstances, on 16th May, 2013 the Commissioner, Howrah Municipal Corporation had address a letter to the Additional Director, A.R.D.WFP - 618 and Cattle Licensing Authority informing that the said Khatal is creating pollution in the surrounding area and also chocking the corporations drains. The said authority was requested to take necessary action to remove the said 'Khatal ' as early as possible.
(3.) THE Math did not challenge either the communication dated 25th March, 2013 or communication dated 16th May, 2013. The Math also is unable to explain or produce any document that they have the authority to keep the domestic animals and maintain the 'Khatal ' in the premises in question.;


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