Authority: High Court at Calcutta, Constitutional Writ Jurisdiction Appellate Side

Order Date: 22.09.26

Case Overview

  • Petitioners: Srijan Mondal & Ors., represented by counsel Nitai Chandra Saha, Nisha Agarwal, Abhijit Majumder.
  • Respondents: The State of West Bengal & Ors., represented by counsel Jayita Dhar Chakraborty, Nilanjan Pal, Saikat Dey.
  • Additional respondent: Kolkata Municipal Corporation (KMC), represented by counsel Biswajit Mukherjee, Guri Das Mitra, Gulnaz Quraishi.
  • Subject matter: A waterbody located at Taramoni Bustee near 11/1, Barik Para Road, Kolkata‑700034, Ward No. 119.
  • Petitioners sought quashing of a notice issued by the competent authority and the Municipal Commissioner of KMC, alleging the notice was issued without complying with Section 17A of the West Bengal Inland Fisheries Act, 1984.
  • KMC argued the authority was satisfied with the alleged ill‑maintenance of the pond and invoked Section 17A, but indicated willingness to consider petitioners’ representations.
  • The State’s counsel supported KMC’s position.

Final Outcome

  • The Court, after hearing all parties, disposes of the writ petition.
  • Directions issued:

1. Petitioners may submit a comprehensive representation regarding their grievance within thirty (30) working days from the date of the order, filing a server copy of the representation with the Court.

2. Upon receipt, KMC (respondent No. 4/authority) must consider the representation in accordance with law, give due opportunity to petitioners or their authorized representatives, and pass a reasoned order.

3. The reasoned order must be communicated to the petitioners preferably by e‑mail, if an e‑mail address was provided during the hearing.

4. The entire process, from receipt of the comprehensive representation to issuance of the reasoned order, must be completed within one hundred twenty (120) working days.

5. The Court expressly does not adjudicate the correctness of the impugned notice, leaving that issue open for determination by KMC.

6. Urgent certified copies of the order may be supplied to parties upon compliance with requisite formalities.

Topics: Waterbody Management, Judicial Order