JUDGEMENT
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(1.) A. Facts leading to the filing of these four Public Interest Litigations;
The High Court Employees' Welfare Association demanded for immediate installation of air-conditioning system in all the Sections/Departments of both the Appellate Side and Original Side establishment of the Calcutta High Court.
(2.) Similarly, members of the three wings of the Bar, namely, Bar Association, Bar Library Club and Incorporated Law Society of Calcutta High Court also demanded for introduction of air-conditioning facilities in all the three wings of the Bars in the High Court at Calcutta. The High Court Administration considered their demand and found that their demand was justified in view of long lasting heat wave during the summer months and the hot season which now-a-days extends from February to October every year coupled with effect of global warming. The High Court administration felt that for increasing the work efficiency of the employees of the High Court and also of the lawyers, all the Departments and Sections of the High Court as well as three wings of the Bar Rooms should be provided with the air-conditioning facilities. Accordingly, the said issue was taken up with the Government. Since implementation of the said project not only involved huge amount of financial expenditure but also upgradation of the electricity supply sub-station and felling of trees within the High Court compound were necessary, long deliberation was made on those issues with the participation of the high officials and/or representatives of different departments of the Government, CESC authorities and Kolkata Municipal Corporation etc. and ultimately the State Government agreed to implement the said project. For implementation of the said project some additional construction was necessary for installation of the AC plant therein.
(3.) Accordingly, a vacant place within the High Court compound was selected for raising such construction for installation of the AC plant and also for relocating the offices of the PWD Department in a portion thereof inasmuch as relocation of all the offices of the PWD in one place was found to be necessary for effective maintenance of the High Court building. Ultimately, with permission of the competent authority of Forest Utilization Division certain trees were felled down from the proposed construction site. The building plan was prepared by the Chief Architect of the PWD Department of the State of West Bengal and after the High Court administration approves the said building plan, the Government estimated the cost of such construction and also released fund for implementation of the said project. Thereafter constructional work commenced by the PWD Department of the State of West Bengal. By this time the construction has almost been completed.;
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