Satya Brata Sinha, J. - (1.) The question which arises for consideration in this application is as to whether any person having purchased agricultural land is entitled to use the same for digging earth for the purpose of manufacturing bricks.
(2.) The petitioners, most of whom are members of Scheduled Tribe, were agriculturists. They were owners of certain plots of land situate in Village - Shishu Jhumra, Post Office - Ethalbari More in the District of Jalpaiguri. From the petitioner No. 5, the private respondents allegedly purchased certain lands. They are owners of brick fields and have been using the lands in question using the earth from the lands in question for brick manufacturing purposes. According to the petitioners, apart from causing serious air pollution, by their actions the very purpose and object of the provisions of the West Bengal Land Reforms Act, are being frustrated. The petitioners and/or other persons concerned with environmental pollution including a local Member of Parliament appears to have drawn the attention of the concerned authorities, but as no action was taken therein, the petitioners filed the writ application claiming, Inter alia, the following reliefs : "(A) A writ in the nature of Mandamus commanding the Respondents to give effect forthwith the compliance as made one after another as set forth serially as Annexure 'A' to 'H' respectively to this application. (C) A writ in the nature of Prohibition commanding the respondents No. 8 to 12 and their men, agents, nominees, servants, employees and associates from extracting the earth either from the land of your petitioners and/or from the land to the adjacent land of your petitioners and/or the land in the self same Mouza at Shishu Jhumra for making the new brick field one after another in the verge of making royalty to the respondent Nos. 1 to 7 herein till the disposal of this application."
(3.) Strangely enough, affidavit in opposition has not been affirmed by any of the private respondents, but by Sri Ajoy Kumar Guha, said to be the President of Jalpaiguri Brick Field Owners'Association. How and in what manner he is interested in the subject matter of the writ application, is not known. In the affidavit in opposition, it is stated that the association has questioned the vires of section 4C of the West Bengal Land Reforms Act. It has further been stated that as against an order passed by the Welfare Officer in favour of the petitioners in terms of Chapter IIA of the West Bengal Land Reforms Act, an application under Article 227 of the Constitution of India has been filed. It is further stated that in C. 0. No. 22808 (W) of 1995, B. M Mitra, J. by an order dated 22.5.95 has passed an interim order permitting the brick-field owners to extract earth on payment of usual charges.;