Visheshwar Nath Khare, J. - (1.) The petitioners in Civil Order No. 110 70(W) of 1996 are residing within the municipal limits of Joynagar Majiipur Municipality within the district of 24-Parganas (South). It is within that municipal limit of Joynagar-Majiipur Municipality there is a pond situated at Mouza-Majilpur, J. L. No. 19. Khaiian Nos. 4460, 4203, Dag No. 383 measuring 60 decimals. This pond is claimed to be owned by the respondent Nos. 11 and 12 in the writ petition who are the appellants in the instant appeal along with other co-sharers. The writ petitioners further allege that there is a temple adjacent to the pond and the residents of the neighbouring area are visiting the temple as well as taking water from the said pond. It appears that the appellant Sirajuddin Sk. i.e. the respondent No. 11 of the writ petition who claims to be one of the owners of the said pond proceeded with the construction after filling up a portion of the said pond. At this stage the writ petitioners came before this Court by means of filing a writ petition under Article 226 of the Constitution praying for cancellation of the building plan alleged to be sanctioned in favour of the Sirajuddin and Others and further injuncting them from proceeding with the construction and also for demolition of the construction already made by them.
(2.) Learned Single Judge entertained the above writ petition and passed an ad interim order of injunction whereby the learned Judge restrained the owners from proceeding with the construction over the said pond. Subsequently the learned Single Judge was of the opinion that this matter relates to environment and pollution and as such directed the writ petition (Civil Order No. 11070(W) of 1996) to be placed before the Bench dealing with pollution and environmental matter. That is how the writ petition has come up before us.
(3.) The instant appeal filed by Sirajuddin and Ors. is directed against the interim order of injunction dated 24th February, 1997 passed by the learned Single Judge in the aforesaid Civil Order No 11070.W) of 1996.;