Calcutta High Court Orders Closure Of Industrial Unit In Residential Premises

Taking cognisance of the grievance of the petitioner, Justice Abhijit Gangopadhyay observed,

"I am prima facie satisfied about the case for the reason that a petitioner will not come without any reason to this Court alleging pollution in a residential area. There is a representation also dated 20.1.2021 to the pollution control board and the Kolkata Municipal Corporation. Some photographs of the industrial unit has also been annexed to the writ application."

Accordingly, vide order dated 24.06.21 the Kolkata Municipal Corporation was directed to immediately close down the industrial unit in the residential premises and cancel any trade license issued by it.

Further, the Court also ordered the police personnels of the local police station to extend all possible assistance to the Kolkata Municipal Corporation in closing down the industrial unit. The owner of the concerned industrial unit was directed to remove all industrial cylinders from the said premises and on his failure, the police authorities were instructed to remove the cylinders and keep them in any suitable place for which all storing charges would be paid by the concerned owner.

On the next date of hearing i.e. on 25.06.21, the Court vide the report filed by the Kolkata Municipal Corporation was apprised of the development that the trade license issued by it to the industrial unit namely 'Jayasri Enterprise' for the sale of medical gas had been duly revoked. In order to prevent the recurrence of similar instances of nuisance, Justice Gangopadhyay directed the Kolkata Municipal Corporation to not issue any further trade license for the operation of industrial units in the concerned residential premises.

The Chairman, West Bengal Pollution Control Board was also directed to ensure that no manufacturing work is done for which the peace and tranquillity of the said residential area is disturbed.

Case Title: Gautam Saha & Ors. v. The Kolkata Municipal Corporation & Ors.