Satyabrata Sirha, ACJ. - (1.) The writ petition was filed by the petitioner herein inter alia, for the following reliefs:- "a) A declaration that the action of the respondents in not granting permission and/or not issuing "NO OBJECTION" Certificate to the eco-friendly project of your petitioners is illegal, unconstitutional and arbitrary. b) A writ of and/or in the nature of Mandamus do issue directing and commanding the West Bengal Pollution Control Board to issue a No Objection Certificate and/or accord approval in favour of your petitioner in order to allow your petitioners to carryout all necessary work for setting up the First Water Park in Eastern India. c) A writ of and/or in the nature of Mandamus do issue directing and commanding the C.M.D.A. to grant No Objection Certificate to your petitioners with regard to setting up the First Water Park in Eastern India. d) A writ of and/or in the nature of Mandamus directing and commanding the C.M.D.A. to grant permission and/or construct the Service Road leading to the Project of your petitioners at the cost of your petitioners."
(2.) The case of the in short is that it had purchased 29 Bighas of land from a Private Party for construction of a Water Park. It had also acquired lands-from the State of West Bengal for construction of an approached road.
(3.) A Division Bench of this Court allowed the said application directing: "The Court cannot allow and as a matter of fact is not allowing to do anything which will cause damage to the environment and which would impair the ecological balance. Plantation of trees and maintenance of 25% of the area by means of greeneries will certainly help in purifying the air. Trees plays very important role not only absorbing the dust from the air but also it takes Carbon-dioxide (Co 2) and supplies Oxygen (02) which is necessary for the human being to survive. So the project would be helpful for the purpose of maintaining the quality of the air and the quality of the water which would be beneficial for all. Accordingly, we do not find any reason not to grant any no objection certificate by the Pollution Control Board as well as by the Calcutta Metropolitan Development Authority in the facts and circumstances of the case. By this order no change of the use is permitted excepting that the water bodies will be created and greeneries will be maintained and these two taking together will cover 95% of the; total area. Accordingly, in our view the project for the Water Park should be permitted to do as the same would be beneficial to the public interest and the same does not mean the change of the user of the area 5% of the total area if used for the purpose of maintaining the infrastructure cannot be said to be endangering the environment. Water Park would neither endanger the environment nor part of the settlement of the township. The proposed Water Park would further enrich the surroundings to the satisfaction of the people of the society. Accordingly, the petition is allowed. The Calcutta Municipal Development Authority and the Pollution Control Board are directed to issue no objection certificate for the proposed construction. But the said authorities shall keep watch that no construction of the permanent nature should be allowed to be made except on 5% of the area as indicated above and to see that the percentage of the water bodies and the percentage of greeneries are maintained in terms of this order i.e. 70% of the total area will be covered by water bodies and 25% of the total area will be covered by greeneries and 5% for constructional purpose of one storied construction. If any construction is made beyond 5% of the total area the Pollution Control Board shall mention the matter before this Court for appropriate order and direction ";